[Congressional Record Volume 165, Number 116 (Thursday, July 11, 2019)]
[House]
[Pages H5594-H5724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020
The SPEAKER pro tempore (Mr. Levin of Michigan). Pursuant to House
Resolution 476 and rule XVIII, the Chair declares the House in the
Committee of the Whole House on the state of the Union for the further
consideration of the bill, H.R. 2500.
Will the gentleman from California (Mr. Peters) kindly take the
chair.
[[Page H5595]]
{time} 1220
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2500) to authorize appropriations for fiscal year 2020
for military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes, with Mr. Peters (Acting Chair) in the
chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Wednesday,
July 10, 2019, a fourth set of en bloc amendments offered by the
gentleman from Washington (Mr. Smith) had been disposed of.
Amendment No. 21 Offered by Mr. Sherman
The Acting CHAIR. It is now in order to consider amendment No. 21
printed in part B of House Report 116-143.
Mr. SHERMAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle A of title XII, add the following:
SEC. _. PROHIBITION ON USE OF FUNDS TO TRANSFER DEFENSE
ARTICLES AND SERVICES TO AZERBAIJAN.
None of the funds authorized to be appropriated by this Act
or otherwise made available to the Department of Defense for
fiscal year 2020 may be used to transfer defense articles or
services to Azerbaijan unless the President certifies to
Congress that the transfer of such defense articles or
services does not threaten civil aviation.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from California (Mr. Sherman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. SHERMAN. Mr. Chair, one programming note: At this point in the
schedule, we were scheduled to deal with three Sherman amendments, No.
20, No. 21, and No. 22.
No. 22, also in the Rules Committee numbering No. 83, was included in
an en bloc adopted by this House last evening.
Amendment No. 20, Rules Committee No. 301, is not being considered at
this time because it will be included in an en bloc that comes up later
today.
So we are now focused on No. 21, Rules Committee No. 82, and I rise
in support of that amendment.
Mr. Chair, on September 1, 1983, Korean Air Lines 007 was shot down--
269 casualties, including a Member of this House, Congressman Larry
McDonald.
On July 17, 2014, Malaysia Airlines number 17 was shot down--298
casualties.
If there is one thing this House can agree on, it is that we are
opposed to shooting down--especially, deliberately shooting down--
civilian aircraft. And yet the Government of Azerbaijan has stated,
with regard to flights going into Stepanakert Airport, that they
envision the physical destruction of airplanes landing in that
territory.
This threat has been repeated several times by Azeri officials, and
in times past, Azerbaijan has actually shot at civil airliners going
into Stepanakert Airport. That is why this amendment is necessary. It
prohibits the transfer of Defense Department articles to Azerbaijan
unless the President can certify that the weapons being transferred
will not threaten civilian aviation.
It would be a tragedy if a civilian airliner were shot at or shot
down as it landed or took off from Stepanakert Airport in the Republic
of Artsakh. But if that, God forbid, ever happens, let it not be an
American weapon.
We are on notice that antiaircraft weapons transferred to Azerbaijan
may very well be used against civilian aircraft. That is why it is
necessary for us to have this provision.
After 23 years of studying these issues on the Foreign Affairs
Committee, I am not convinced that we should transfer any weapons,
under any circumstances, to the Government of Azerbaijan until it comes
to the table and resolves the Artsakh dispute. But, certainly, we
should not, having been put on notice, transfer weapons that we cannot
be sure will not be used to shoot down civilian aircraft.
I am pleased to have the cosponsorship of this amendment by
Representatives Speier, Schiff, and Pallone, and I believe that this is
a necessary step. Because, as we provide weapons to countries around
the world, we should not provide antiaircraft weapons that we believe
might very well be used to shoot down our civilian aircraft.
I would point out that the Stepanakert airport is located in the
Republic of Artsakh, previously known as the Republic of Nagorno-
Karabakh, a historically Armenian territory that was lumped in with
Azerbaijan by no less than Joseph Stalin in a deliberate effort to
create ethnic tensions in the Caucasus to the benefit of the Soviet
Union and in an effort to punish the Armenian people.
The people of Artsakh established their independence decades ago, and
whatever your view as to the status of that territory, you should
support this amendment unless you believe it is appropriate to shoot
down civilian aircraft.
I urge my colleagues to support the amendment, and I yield back the
balance of my time.
Mr. WRIGHT. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. WRIGHT. Mr. Chairman, I stand in opposition to the amendment
offered by Mr. Sherman that conditions defense transfers to Azerbaijan.
Azerbaijan actively contributes to international security efforts. We
see their forces working alongside coalition forces in countering
terrorism in Afghanistan, in addition to contributing a logistics
supply route vital to U.S. and coalition forces.
Azerbaijan lies in a compromising position between two hostile
forces: Russia and Iran. Our bilateral relationship and the incredible
amount of support the Azeris have provided to U.S. missions in
Afghanistan were strong indicators of how our partnership has grown
since Azerbaijan first gained its independence in 1991. We must not
limit our ability to provide reciprocal support to our friend and
partner in a tumultuous region.
Putin's history of utilizing military force against its neighbors,
such as Ukraine and Georgia, forebodes his willingness to use the same
methods against others that counter him.
The United States Department of State is responsible for the review
of sales and transfers of defense articles and services. They exercise
this responsibility through an interagency process that assesses each
possible arms transfer on a case-by-case basis. Mr. Sherman's amendment
unnecessarily singles out Azerbaijan by placing an additional
certification requirement on the State Department's armed sales review
process.
The length of time this amendment would add to the defense exports
review process is detrimental in the event of an attack by militarily
superior Russia against our security partner, Azerbaijan, while
providing no added benefit to our bilateral relationship. This would
include a lengthening of time in reviewing arms sales intended for
Azeri forces operating in counterterrorism operations in Afghanistan.
Nagorno-Karabakh is an Armenian-occupied territory inside the borders
of Azerbaijan, which has undergone bitter conflict for two decades.
The OSCE Minsk Group, co-chaired by the United States, has sought a
peaceful solution to the conflict since 1992. By conditioning sales to
Azerbaijan, the United States Congress would tilt the United States
neutral position as a member of the Minsk Group and hinder resolution
efforts in Nagorno-Karabakh. By taking sides, the trust that has been
built up by the U.S. and Azerbaijan through the group's efforts would
be gravely diminished, and the conflict would degenerate further.
{time} 1230
The NDAA is not the appropriate vehicle for taking sides on a
political issue, nor should it be used to influence a process that
clearly lies within the jurisdiction of the Foreign Affairs Committee.
This amendment is not required. The Department of Defense already
adheres to the provisions of the Department of State's March 2019
extension of section 907, which specifies that assistance to Azerbaijan
will not be used for offensive purposes against Armenia.
[[Page H5596]]
I oppose this amendment, which halts the positive momentum of our
bilateral relationship, particularly with the arrival of U.S.
Ambassador Lee Litzenberger in January of this year.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Sherman).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. WRIGHT. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 23 Offered by Mr. Ted Lieu of California
The Acting CHAIR. It is now in order to consider amendment No. 23
printed in part B of House Report 116-143.
Mr. TED LIEU of California. Mr. Chairman, I rise to offer amendment
No. 23 as the designee of Representative Gabbard.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle G of title XII, add the following
new section:
SEC. 1268. LIMITATION ON USE OF FUNDS FROM THE SPECIAL
DEFENSE ACQUISITION FUND.
Section 114(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) Notwithstanding paragraph (3), none of the funds made
available from the Special Defense Acquisition Fund for any
fiscal year may be made available to provide any assistance
to Saudi Arabia or the United Arab Emirates if such
assistance could be used by either country to conduct or
continue hostilities in Yemen.''.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from California (Mr. Ted Lieu) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. TED LIEU of California. Mr. Chair, I rise to speak in support of
the amendment offered by Representative Gabbard of Hawaii on the
limitation on the use of funds from the Special Defense Acquisition
Fund for Saudi Arabia and the United Arab Emirates.
This fund allows the U.S. military to preorder weapons for sale to
foreign militaries and is intended to reduce wait times for weapons or
related services.
While this is normally a good way to prevent a long and detrimental
wait for our allies to use weapons in self-defense, is it
unconscionable that it be used to kill and wound civilians in an unjust
war.
Saudi Arabia and the UAE have, since 2015, been bombing schools,
hospitals, buses, and other civilian targets.
As of March of this year, nearly 18,000 people have been killed or
injured by this bombing campaign since hostilities began in 2015,
according to the U.N. High Commissioner for Human Rights.
Thousands more have been displaced by the fighting, and millions are
faced with starvation, hunger, and disease.
This has created a humanitarian crisis, destroyed water supplies, and
created shortages in food and medical care.
We have already passed a resolution seeking to end U.S. involvement
in this slaughter, only to have the President veto it, while he
continues to supply Saudi Arabia with U.S. missiles and bombs.
This amendment will prevent the military from speeding supplies to
Saudi Arabia and the UAE and will do much to alleviate the suffering of
the people of Yemen.
Mr. Chair, I ask that all Members support this amendment and end our
involvement in this shameful war, and I reserve the balance of my time.
Mr. ZELDIN. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. ZELDIN. Mr. Chair, I oppose this amendment prohibiting the use of
funds from the Special Defense Acquisition Fund to provide assistance
to Saudi Arabia or the United Arab Emirates if such assistance could be
used in hostilities in Yemen.
Nearly every Member in this Chamber has made it very clear that we
are concerned about civilian casualties resulting from the conflict in
Yemen. However, this amendment does not address that concern.
The war in Yemen must end, but, as Iran continues to finance terror
and help the Houthis, who have overthrown the government, the
consequence will be utter devastation for the Yemeni civilians.
Our assistance for the coalition opposing Houthi and Iranian terror
in Yemen started in 2015 during the Obama administration when the
Houthis overthrew a legitimate government, with Iran's assistance.
The Houthis fired missiles against the coalition, with support from
Iran, and the U.S. provided intelligence and logistical support in
compliance with the Law of Armed Conflict.
Iran poses a massive geostrategic threat in the area around Yemen,
throughout the Middle East, and to the United States and many of our
allies.
Right now, Saudi Arabia, the United Arab Emirates, Yemen, and the
U.S. share a common adversary in Iran.
We cannot signal to Iran that their continued aggression will be
tolerated. Iran's nefarious activities must be countered effectively.
The coalition continues to face an onslaught of Houthi attacks on
civilian targets, and the U.S. needs a nuanced approach that helps our
Nation, our partners, and avoids civilian casualties.
Instead, this amendment slams the door shut, crushing any opportunity
to see the region and civilians protected.
Have no doubt: The coalition will continue to purchase arms,
including defensive weapons, from other sources that have no regard for
how these weapons are deployed.
As a result of this amendment, the war in Yemen will not end, nor
will it assist the United States or our strategic allies in containing
Iran's malign influence in the region.
Mr. Chair, I urge Members to oppose this amendment, and I reserve the
balance of my time.
Mr. TED LIEU of California. Mr. Chair, I yield back the balance of my
time.
Mr. ZELDIN. Mr. Chair, again, I urge my colleagues to oppose this
amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Ted Lieu).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ZELDIN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 24 Offered by Mr. Ted Lieu of California
The Acting CHAIR. It is now in order to consider amendment No. 24
printed in part B of House Report 116-143.
Mr. TED LIEU of California. Mr. Chair, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the appropriate place in subtitle G of title XII, insert
the following:
SEC. __. PROHIBITION ON THE USE OF EMERGENCY AUTHORITIES FOR
THE SALE OR TRANSFER OF DEFENSE ARTICLES AND
SERVICES TO SAUDI ARABIA AND THE UNITED ARAB
EMIRATES.
None of the funds authorized to be appropriated or
otherwise made available by this or any other Act may be made
available to process a commercial sale or foreign military
sale, or to transfer, deliver, or facilitate the transfer or
delivery, of any defense article or service to Saudi Arabia
or the United Arab Emirates pursuant to any certification of
emergency circumstances submitted in accordance with section
36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)) with
respect to such countries, including any such certification
submitted to Congress before the date of the enactment of
this section.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from California (Mr. Ted Lieu) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. TED LIEU of California. Mr. Chair, I don't have any philosophical
objection to supporting our allies.
[[Page H5597]]
Saudi Arabia and the UAE are still America's allies. But what I object
to and what many of us in Congress object to is the bypassing of
Congress in selling arms to Saudi Arabia and the UAE.
On May 24, the Trump administration, through Secretary Pompeo,
notified Congress that it was declaring a fake emergency to bypass
congressional review of 22 arms sales to Saudi Arabia and the United
Arab Emirates.
How do we know this was a fake emergency? Because there is no
emergency to the United States or to UAE or to Saudi Arabia regarding
the war in Yemen.
It is a horrific humanitarian problem. The Saudi-led coalition has
killed countless civilians. But it is not an emergency that would
justify weapons sales to Saudi Arabia and UAE that bypasses
congressional procedure.
And, in fact, it has been recently reported that the UAE is now
pulling its troops out of Yemen. What kind of emergency is this that
would require the bypass of Congress to sell arms to UAE and Saudi
Arabia?
In addition, we had a hearing in the Foreign Affairs Committee where
the Trump administration official admitted that many of these arms
would not even be ready for months, if not years, in order to be sold.
So, it is unacceptable that the administration is trying to bypass
Congress.
What this amendment will do is simply say you cannot declare a fake
emergency to bypass Congress to sell these arms. If you want to sell
these arms to Saudi Arabia and UAE, you have to do it through the
normal process.
Mr. Chair, I request an ``aye'' vote on this amendment, and I reserve
the balance of my time.
Mr. ZELDIN. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. ZELDIN. Mr. Chair, I rise in opposition to this amendment, which
would prohibit any funds from being used to process any arms sales or
transfers to Saudi Arabia or the United Arab Emirates pursuant to
emergency certification made under the Arms Export Control Act.
The President's emergency certification of May 24 to move 22 arms
sales as an emergency was to address increased threats from Iran to
U.S. security interests and Iran's continued efforts to destabilize the
region, which directly impacts our strategic allies.
The Democrat majority had been holding onto arms sales through
congressional notification requirements and abusing oversight power
with the Arms Export Control Act. Some of these requests by the
administration had been on hold for over a year, and there was no
progress in determining why.
We witnessed just last month, on June 19, Iran shot down a U.S.
military asset, a drone over international waters, one of many examples
of Iranian aggression toward the United States and other nations, many
in that region surrounding Iran.
There is no doubt that Iran is an increased threat.
Mr. Chair, I urge Members to oppose this amendment, and I reserve the
balance of my time.
Mr. TED LIEU of California. Mr. Chair, I yield 2 minutes to the
gentleman from Rhode Island (Mr. Cicilline).
Mr. CICILLINE. Mr. Chair, I thank the gentleman for yielding and rise
in strong support of the Lieu amendment.
I am proud to be a cosponsor of this amendment, which will prevent
the sale of weapons to the Gulf without undergoing the proper
congressional notification process.
This administration invented an emergency in the Middle East in order
to circumvent the process of congressional review over arms sales, an
egregious and legally questionable move, to put more weapons in the
hands of regimes who are responsible for perpetrating horrific civilian
casualties in Yemen, often with U.S. weapons.
The administration briefed this body on Iran just days before the
supposed emergency was declared, yet never mentioned anything at the
time about an emergency.
The administration claims that Iran poses such an imminent threat to
our allies that emergency assistance is needed for Saudi Arabia and the
United Arab Emirates to defend themselves, yet most of these weapons
are offensive weapons and much of the sale will be delivered months or
years from now.
The logic doesn't make sense because there is no logic. This is an
administration that has cozied up to Riyadh, sweeping aside gross human
rights abuses, turning a blind eye to the Saudis taking a buzz saw to a
Washington Post reporter, and supporting an intervention in Yemen that
is causing famine, destruction, and mounting loss of life.
Just because you don't like the process doesn't mean you get to
ignore it. This action has implications far beyond this current sale,
and if Congress doesn't reassert our proper role in the process, we
risk giving up our authority in the arms sale process entirely.
Mr. Chair, I strongly encourage my colleagues to support this
excellent amendment.
Mr. ZELDIN. Mr. Chair, I just want to point out Chairman Engel has
been approaching this issue in a little more of a surgical approach in
looking at Federal law. I think that that would be the more appropriate
tactic in being able to work together in a bipartisan fashion on this
issue.
This amendment, with all due respect to my good friend from
California, is a little more of a sledgehammer. I think he would
probably say that that would be true, unapologetically.
I, though, would certainly encourage my colleagues, really, on both
sides of the aisle, to be able to work together through concerns that
others may have rather than passing this particular amendment.
There has been a hold that has been placed for a very long time. And
I would encourage any Members of Congress who are responsible for that
hold or support the hold to articulate to us and to the administration
exactly what the hold is, what the concerns are, and how we can work
through it together.
I hope that we all are in unanimity with concern over Iranian
aggression in the Middle East. We are all in unanimity with concern
when we see Iran--beyond the rhetorical calling us the great Satan--
pledging death to America, building a land bridge across the Middle
East, supporting Assad in Syria and financing Hezbollah in Lebanon.
And, certainly, there are the concerns with the movement in shipping
lanes around Yemen, a conflict that the Houthis, in overthrowing a
legitimate government, did with the backing of the Iranians.
So, there are a lot of concerns that we have on our side of the aisle
as it relates to Iranian aggression, and I hope that we can work
together in dealing with those concerns that we all have as it relates
to Iranian aggression.
Mr. Chair, I reserve the balance of my time.
Mr. TED LIEU of California. Mr. Chair, I agree Iran is a malign
influence in the Middle East, but that doesn't mean the administration
gets to bypass Congress in selling arms to Saudi Arabia and the UAE.
Mr. Chair, I yield 1 minute to the gentleman from Washington (Mr.
Smith).
Mr. SMITH of Washington. Mr. Chair, I respect the gentleman's point
about how we need to work towards an agreement to how Congress can have
the most constructive role possible on arms sales.
The concern here is the tendency of the White House to declare an
emergency when they simply want to do something that we haven't allowed
them to do. It is troubling because it takes us out of the process, so
we need to find a way to make sure that they can't do that.
It is not a huge mystery why these arms sales have been held up. We
are concerned about Iran's malign influence. We are also concerned
about the actions that Saudi Arabia has been taking in that region that
could be stirring up conflict and making it easier for Iran to have
that malign influence; quite specifically, killing civilians in Yemen
in a way that generates sympathy, certainly, for the Houthis in Yemen
but then sympathy for that side.
So, we are worried about the way Saudi Arabia is conducting this war,
certainly, and we are also worried about other actions by Saudi Arabia.
Certainly, the murder of the journalist, Jamal Khashoggi, has not been
answered for to this point.
[[Page H5598]]
So, simply selling weapons to Saudi Arabia at this point is something
that is going to take time and is going to raise questions.
For the President to simply bypass us, taking us out of the process
in that situation, I think, undermines our role.
That is the purpose of this amendment, and I urge adoption.
{time} 1245
Mr. ZELDIN. Mr. Chair, I also think it is important to note that the
United States has not engaged in direct hostilities in Yemen. We
stopped the refueling of Saudi aircraft, so the activities have
actually, in many respects, been walked back from what was historically
known as being directly engaged in hostilities on the ground, which is
just not the case here as it relates to the United States.
I reserve the balance of my time.
Mr. TED LIEU of California. Mr. Chair, this issue has bipartisan
support, and I request an ``aye'' vote on the amendment.
I yield back the balance of my time.
Mr. ZELDIN. Mr. Chair, again, I would urge all of my colleagues to
oppose this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Ted Lieu).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ZELDIN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 26 Offered by Mr. Smith of Washington
The Acting CHAIR. It is now in order to consider amendment No. 26
printed in part B of House Report 116-143.
Mr. SMITH of Washington. Mr. Chairman, I rise to offer amendment No.
26 as the designee of Mr. Khanna.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the appropriate place in subtitle G of title XII, insert
the following:
SEC. 12__. PROHIBITION ON SUPPORT FOR MILITARY PARTICIPATION
AGAINST THE HOUTHIS.
(a) Prohibition Relating to Support.--None of the funds
authorized to be appropriated or otherwise made available by
this Act may be made available to provide the following forms
of United States support to Saudi-led coalition's operations
against the Houthis in Yemen:
(1) Sharing intelligence for the purpose of enabling
coalition strikes.
(2) Providing logistical support for coalition strikes,
including by providing maintenance or transferring spare
parts to coalition members flying warplanes engaged in anti-
Houthi bombings.
(b) Prohibition Relating to Military Participation.--None
of the funds authorized to be appropriated or otherwise made
available by this Act may be made available for any civilian
or military personnel of the Department of Defense to
command, coordinate, participate in the movement of, or
accompany the regular or irregular military forces of the
Saudi and United Arab Emirates-led coalition forces in
hostilities against the Houthis in Yemen or in situations in
which there exists an imminent threat that such coalition
forces become engaged in such hostilities, unless and until
the President has obtained specific statutory authorization,
in accordance with section 8(a) of the War Powers Resolution
(50 U.S.C. 1547(a)).
(c) Rule of Construction.--The prohibitions under this
section may not be construed to apply with respect to United
States Armed Forces engaged in operations directed at al
Qaeda or associated forces.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Washington (Mr. Smith) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Mr. Chairman, this amendment is a variation
on a bill that this House passed and the Senate passed as well that the
President vetoed that would cut off any U.S. support for the Saudi
coalition that is fighting in Yemen.
And I will agree with some discussion that came earlier that this is
a complicated situation because we are concerned about the malign
influence of Iran in the region. But the problem is the way the war has
been conducted in Yemen.
As I mentioned earlier on the previous amendment, the civilian
casualties and the way the war has been conducted has undermined, I
believe, our efforts to arrive at a peaceful solution and to begin to
limit the Iranian influence in the region.
I met with Saudi Arabian officials as they explained to me what their
targeting strategy was, and how they were trying to mitigate civilian
casualties, but I was not impressed because whatever they showed me on
these pieces of paper, it has been well-documented that they bombed a
school bus, killing a large number of children. They actually bombed a
funeral, a funeral that had a lot of the key leaders in Yemen at it
that were going to be responsible for negotiating a peace agreement.
And on countless other instances they have bombed civilian targets.
There is also a very aggressive blockade going on in Yemen that is
having a devastating humanitarian impact.
Now, I understand that Iran is also doing things that we should
oppose. They are killing civilians; they are stirring up difficulties.
But we are not supporting Iran. We are not responsible for that piece
of it.
But to the extent that we participate in helping Saudi Arabia,
through intelligence sharing, through refueling, through a variety of
different means, we are participating in the atrocities that are being
committed on that side, and we should not be. It is not what is going
to lead us to a peaceful solution.
I also want to emphasize that this amendment, as did the bill that we
passed, very carefully carves out the activity that we are engaged in
in Yemen to counter violent extremist groups like al-Qaida and ISIS
that have arisen in the region.
We have a counterterrorism presence in Yemen. This amendment in no
way restricts us from continuing that counterterrorism activity. This
is focused on the civil war in Yemen.
And it is worth noting that, as we get to the point now where Iran is
involved, that is not the way it started. Basically, the Houthis in
Yemen were an oppressed minority and suffered decades of mistreatment
at the hands of whoever happened to be in charge in Yemen, which led to
the revolt.
Now, since that time, the Houthis have committed all manner of
atrocities, as well as the war moved forward. But initially, this was a
civil war that doesn't really have anything to do with the terrorism
fight that we are doing. And I think it is incredibly important for the
credibility of our foreign policy to clearly differentiate between our
activities, our legitimate activities, in Yemen to stop those
terrorists in Yemen who threaten us and threaten our allies in the
region, and the activities of this broader civil war that, as I said, I
believe, is merely creating more violence in the Middle East and
empowering Iran by creating widespread sympathy across the board and in
the United States for the Houthis and for the people in Yemen who are
being the victims of these bombing attacks.
The U.S. should step back from this. And if Saudi Arabia is the great
ally that everyone has said they are, we should be able to have a
conversation with them about how they change their actions, so we can
be in a better position to support them and lead toward greater peace
in the region and contain Iran. That is what we need to do.
But the current policy isn't working, so this amendment makes it
clear the United States is not supporting the Saudi-led coalition that
is engaged in the civil war in Yemen, and I urge support.
I reserve the balance of my time.
Mr. ZELDIN. Mr. Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. ZELDIN. Mr. Chair, I completely support Congress' solemn duty
under Article I of the Constitution to authorize the commitment of U.S.
troops to foreign hostilities; but that is not the only issue here.
This amendment attempts to block intelligence sharing to our
strategic partners such as Saudi Arabia at a time when those partners
have civilian targets that are actively being attacked by Iran-backed
Houthi rebels.
Intelligence sharing can help our partners protect their forces and
their civilians. It can also help them ensure that they are hitting
their correct targets, thereby minimizing civilian casualties.
[[Page H5599]]
Additionally, the Iran-backed Houthis are stepping up its attacks on
U.S. assets in Yemen. CENTCOM confirmed that the Houthis shot down a
U.S. drone earlier this summer. If we cut off intelligence sharing with
our strategic partners, it will certainly have repercussions that
diminish our abilities to protect our own assets.
There is reason that a bipartisan majority supported exempting
intelligence sharing from the War Powers Resolution on Yemen that we
considered earlier this year. It is because this type of cooperation is
essential to U.S. interests in the region, including ensuring
responsible conduct of the war in Yemen.
It is important to point out that here, in this case with Yemen, the
Houthis overthrew a government with the backing of Iran. Iran is the
world's largest state sponsor of terror. They do many malign,
nonnuclear, nefarious activities.
While, for good reason, we give the most amount of attention to
Iran's nuclear activities--they call Israel the Little Satan, the
United States the Great Satan, and they pledge death to America in
their parliament and on their streets and in their holidays--they have
been attempting to build a land bridge to the west of the country.
They have a much more growing influence within the government of
Iraq. They have been propping up Assad in Syria. They have been
financing rockets and other activities to support Hezbollah in Lebanon.
When you look towards the Strait of Bab al-Mandab, and the area
around Yemen, and the strategic advantage for Iran to be able to
successfully help the Houthis in overthrowing this government and
having long-term security, Iranian aggression has caused a realignment
of different alliances within the Middle East.
Many of these nations are looking at Israel differently than they
used to because they are so concerned with Iranian aggression.
I think what is most important for U.S. interests in the Middle East
and, specifically, in Yemen, one, it is critically important, and as
the gentleman said in his point, minimizing civilian casualties must be
of a bipartisan concern. It should be one of international concern,
most importantly, for innocent civilians who end up losing their life.
Additionally, those who are cutting off access to humanitarian aid is
also of great concern and great debate.
So for myself, speaking for myself specifically, as it relates to
Yemen, I am greatly concerned by the Houthis activities backed by Iran,
and it is one that we should successfully be hoping that that
aggression is pushed back to the point that Houthis are unsuccessful;
that Iran is unsuccessful, and they are pushed back to their own
country, back in a defensive posture, and we don't see further
aggression in more countries.
I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I have no further speakers and I
am prepared to close.
I reserve the balance of my time.
Mr. ZELDIN. Mr. Chair, I yield 1 minute to the gentleman from
Arkansas (Mr. Crawford).
Mr. CRAWFORD. Mr. Chair, I rise in opposition to this amendment. As a
veteran, and as a member of the House Intelligence Committee, I have
had the privilege of seeing firsthand how intelligence supports U.S.
foreign policy abroad and just how important our allies are when
fighting our adversaries.
Intelligence sharing relationships act as a force multiplier,
ensuring the security of the United States and our allies. As we have
seen time and time again, restricting such critical information sharing
results in disastrous repercussions.
Even as we debate this amendment, our strategic partners, such as
Saudi Arabia, have civilian targets that are being attacked by Iran-
backed Houthi rebels. These same Iran-supported rebels pose a threat to
U.S. military personnel in the region.
Yesterday, this body debated an amendment tasking the ODNI to provide
an annual report on civilian casualties.
You know what helps minimize civilian casualties? Intelligence.
Intelligence helps ensure that the correct targets are hit, while
minimizing collateral damage.
I am gravely concerned with the dangerous long-term implications of
this ill-advised amendment. For this reason, I urge my colleagues to
oppose the amendment.
Mr. SMITH of Washington. Mr. Chair, I am prepared to close. I reserve
the balance of my time.
Mr. ZELDIN. Mr. Chair, who has the right to close?
The Acting CHAIR. The gentleman from Washington has the right to
close.
Mr. ZELDIN. Mr. Chair, I yield myself the balance of my time.
I would just encourage all my colleagues to oppose this amendment for
reasons that were stated, hopefully, with great concern across this
entire body on both sides of the aisle as it relates to Iranian
aggression.
We need to work together, really all around the world or wherever the
United States can be of assistance to minimize civilian casualties, to
get access to humanitarian aid.
There is debate at times of who is responsible, but I think it is
important for us to do a better job working together to achieve the
results that are in the best interests of the United States, even
though we have debates at times of the best way to get there.
I encourage all Members to vote ``no.''
I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I yield myself the balance of
my time.
I think the intelligence sharing point the gentleman from Arkansas
made is very important. Let me say, there are multiple countries
involved in this coalition in Yemen.
In working with the UAE, for instance, they actually do take steps to
minimize civilian casualties and are reasonably successful about it in
the operations that they have conducted, both from the air and the
ground.
Saudi Arabia has not. And believe me, I certainly understood the
malign influence of Iran and their relationship with the Houthis. But
Saudi Arabia, time and time again, regrettably, has not used this
intelligence sharing in a way that minimizes civilian casualties.
I had cited the instances earlier of the school bus that was bombed;
the funeral party that was bombed; the civilians who are continually
hit. They are not using this intelligence sharing in a way to minimize
civilian casualties. And I think we need to make a statement that they
are going to have to change their ways before we continue to do this.
On the broader issue, and that is really what Yemen is about for U.S.
policy purposes, is Iran's influence in the region and, also, the role
that Saudi Arabia plays in the violence. And the problem I have with
the administration's policy right now is it would do nothing to contain
what Saudi Arabia is doing, which only exacerbates the violence and
creates openings for Iran. So we need to balance that.
As far Iran is concerned, right now it is hard to say where the
administration's policy is going. It is a maximum pressure campaign. We
have seen Iran lash out since we abandoned the nuclear deal. They are
now moving more in the direction of developing a nuclear weapon than
they were before we abandoned the nuclear deal.
The administration is now saying that they want to force Iran to the
table to stop them from getting a nuclear weapon.
We need a better policy in Iran. I urge support for the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Washington (Mr. Smith).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ZELDIN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Washington
will be postponed.
{time} 1300
Amendment No. 27 Offered by Mr. Cicilline
The Acting CHAIR. It is now in order to consider amendment No. 27
printed in part B of House Report 116-143.
Mr. CICILLINE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
[[Page H5600]]
The text of the amendment is as follows:
At the appropriate place in subtitle G of title XII, insert
the following:
SEC. 12__. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON
THE UNITED STATES MUNITIONS LIST TO CYPRUS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the direct sale or transfer of arms by the United
States to Cyprus would advance United States security
interests in Europe by helping to reduce the dependence of
the Government of Cyprus on other countries for defense-
related materiel, including countries that pose challenges to
United States interests around the world; and
(2) it is in the interest of the United States--
(A) to continue to support United Nations-facilitated
efforts toward a comprehensive solution to the division of
Cyprus; and
(B) for the Republic of Cyprus to join NATO's Partnership
for Peace program.
(b) Modification of Prohibition.--Section 620C(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended
by adding at the end of the following new paragraph:
``(3) The requirement under paragraph (1) shall not apply
to any sale or other provision of any defense article or
defense service to Cyprus if the end-user of such defense or
defense service is Cyprus.''.
(c) Exclusion of the Government of the Republic of Cyprus
From Certain Related Regulations.--Beginning on the date of
the enactment of this Act, the Secretary of State shall not
apply a policy of denial for exports, re-exports, or
transfers of defense articles and defense services destined
for or originating in the Republic of Cyprus if--
(1) the request is made by or on behalf of Cyprus; and
(2) the end-user of such defense articles or defense
services is Cyprus.
(d) Exception.--This exclusion shall not apply to any
denial based upon credible human rights concerns.
(e) Limitations on the Transfer of Articles on the United
States Munitions List to the Republic of Cyprus.--
(1) In general.--The policy of denial for exports, re-
exports, or transfers of defense articles on the United
States Munitions List to the Republic of Cyprus shall remain
in place unless the President determines and certifies to the
appropriate congressional committees not less than annually
that--
(A) the Government of the Republic of Cyprus is continuing
to cooperate with the United States Government in efforts to
implement reforms on anti-money laundering regulations and
financial regulatory oversight; and
(B) the Government of the Republic of Cyprus has made and
is continuing to take the steps necessary to deny Russian
military vessels access to ports for refueling and servicing.
(2) Waiver.--The President may waive the limitations
contained in this subsection for one fiscal year if the
President determines that it is essential to the national
security interests of the United States to do so.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Rhode Island (Mr. Cicilline) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. CICILLINE. Mr. Chairman, the Republic of Cyprus is a strategic
partner of the United States and has played a critical role in
combating terrorism and nuclear proliferation in the Eastern
Mediterranean region. The United States regularly participates in joint
exercises with Cyprus, including annual multinational search and rescue
and crisis management exercises, and we coordinate training programs
for Cyprus in explosives management and disposal, cybersecurity,
counterterrorism, and maritime safety and security.
Through information sharing, training programs, and other
international and regional security initiatives, the United States and
Cyprus work hand in hand to combat terrorist activity in Europe and the
Eastern Mediterranean region. The United States also works closely with
Cyprus to stop the spread of weapons of mass destruction, and Cyprus
has helped foster an effective international nonproliferation regime.
In 2015, the U.S. joined Cyprus, as members of the Proliferation
Security Initiative, in cohosting a regional nonproliferation workshop
focusing on inspecting and identifying proliferation material.
Yet despite the critical security partnership between our two
countries, the United States has had an arms embargo in place against
Cyprus since 1987. This policy was initially intended to prevent Turkey
from using American weapons to occupy Cyprus and to provide space for
reunification talks after Turkey's 1974 invasion of Cyprus and its
subsequent occupation of the northern territory.
However, more than 3 years since the embargo was first implemented,
Turkey still has more than 30,000 troops occupying the northern
territory of Cyprus, reunification talks have not produced intended
results, and the U.S. is unable to maintain a full security
relationship with a key partner in combating terrorism.
Even today, Turkey continues to use its U.S.-backed military might to
threaten Cyprus' energy exploration by continually harassing drilling
vessels in its exclusive economic zone. And Turkey is not merely
threatening the Republic of Cyprus, but significant American
investments by ExxonMobil and Noble Energy and the interests of key
U.S. allies in Greece, Egypt, and Israel, all of whom are partners with
Cyprus on energy developments.
The outdated and ineffective arms embargo forces Cyprus, an EU
member, and one of only three countries with a status of forces
agreement with Israel, to obtain defense articles from countries like
Russia that seek to undermine U.S. interests in the region.
We need to enact policies that strengthen our relationship with
Cyprus and counteract dangerous elements in the region which threaten
our national security interests and the interests of our allies and
partners in the Eastern Mediterranean.
Our inability to provide Cyprus with necessary equipment needed to
defend its sovereignty and its economic interests threatens our own
national security.
Lifting the arms embargo will allow Cyprus to better establish itself
as a frontline state for Western security interests, defend itself from
external threats, and will ensure that Cyprus is no longer forced to
seek assistance for its defense from countries like Russia. It will
also make regional security cooperation smoother for the United States
by making sure our partners can obtain compatible defense systems and
training from the U.S. military.
My bipartisan amendment would repeal the ineffective embargo and
ensure that Cyprus has the equipment necessary to continue to help the
U.S. combat terrorism and international crime, and protect significant
natural gas finds and the infrastructure that can bring this energy
source to Europe.
The Senate has already taken up this issue and passed language to
repeal the embargo with bipartisan support during its consideration of
the NDAA. The House should follow suit and support passage of my
bipartisan amendment.
Mr. Chairman, Cyprus is a vital and strategic international partner,
and we need to make sure we are treating it as such. I urge adoption of
the amendment, and I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Chairman, I yield myself such time as I may
consume.
I appreciate the comments of the gentleman from Rhode Island, and I
want to agree in substantial measure with what he said about the
progress that Cyprus has made both in countering Russian influence and
in combating international money laundering and other issues on which
we have been working with them. I do believe that, as the gentleman
indicated, the embargo that has been in place since 1987 ought to be
considered and looked at, and there ought to at least be considered a
plan to gradually move away from that embargo if and as Cyprus
continues to make progress in weaning itself off Russian weapons and
the other priorities that we have with them.
What I worry about is, all of a sudden, in a total of a 10-minute
debate on the National Defense Authorization Act, that we come in and
say, ``Okay, the embargo is gone; what has been in place since 1987,
never mind anymore,'' without really thinking through the consequences
and having that plan that helps us work with Cyprus to get to a better
place.
And I don't need to remind Members that this area is very complex,
with a
[[Page H5601]]
number of actors that have intense interest in what happens in Cyprus
and in the region. I am not saying that we don't move in that
direction, but I am saying, to come here with a 10-minute debate and
say, ``Okay, never mind what we have done since 1987'' is fraught with
danger.
So, for that reason, I must oppose this amendment. I appreciate the
progress that is being made. I think it is important to look for ways
to build on that progress, but for us to come in and say, ``Oh, never
mind; we are going to upend something that has been in place for so
many years'' would be dangerous.
Mr. Chairman, I reserve the balance of my time.
Mr. CICILLINE. Mr. Chairman, I thank the gentleman for his thoughts.
I would only say that the best way to assist Cyprus in weaning itself
from the reliance of Russian weaponry is to lift the arms embargo, and
this is something that both Cyprus and the United States have studied
for a very long time. The best way to strengthen this partnership and
alliance is to repeal this embargo.
I would also like to take this opportunity to thank my colleague,
Congressman Gus Bilirakis, for cosponsoring this amendment and for his
leadership on this issue.
Mr. Chairman, I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield back the balance of my time.
Mr. CICILLINE. Mr. Chairman, I yield back the balance of my time.
Mr. BILIRAKIS. Mr. Chair, I rise today in strong support of the
amendment put forward by my good friend, Representative Cicilline, to
lift the antiquated and failed prohibition on defense article and
service transfers to our Eastern Mediterranean ally--the Republic of
Cyprus.
In 1987, the U.S. Department of State placed the Republic of Cyprus
on a list of countries to which sales and transfers of defense articles
and services is prohibited under the International Trade in Arms
Regulations. The reason for the prohibition has never been clear.
However, it appears to have been imposed in the erroneous belief that
it would somehow encourage Greek Cypriots and Turkish Cypriots to
resolve the nearly 45-year division of the territory of Cyprus.
Unfortunately, no progress toward a peaceful and just settlement has
occurred since the prohibition was imposed in 1987. The lack of
progress is due to Turkish stubbornness most recently demonstrated by
Turkey's insistence on antiquated and obstructive stances, such as the
Treaty of Guarantee, which would allow for future unilateral Turkish
military interventions and is completely unacceptable and contradicts
the governing principals of a European Union member state.
It is time to lift the arms prohibition on the Republic of Cyprus. It
is in the best interests of the United States for the Republic of
Cyprus to look to the United States, and not any other nation, to
procure its defense articles.
I urge my colleagues to support this amendment.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Rhode Island (Mr. Cicilline).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. THORNBERRY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Rhode Island
will be postponed.
Amendment No. 29 Offered by Mr. Engel
The Acting CHAIR. It is now in order to consider amendment No. 29
printed in part B of House Report 116-143.
Mr. ENGEL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
In subsection (b) of section 1087--
(1) redesignate paragraphs (7), (8), and (9) as paragraphs
(9), (10), and (11), respectively; and
(2) insert after paragraph (6) the following:
(7) An analysis of reasons for any disparity between third
party public estimates and official United States Government
estimates of civilian casualties resulting from United States
or joint operations, including with respect to each specific
mission, strike, engagement, raid, or incident.
(8) A comparison of a representative sample of pre-strike
collateral damage estimates and confirmed civilian casualty
incidents for the purposes of developing possible
explanations for any gaps between the two and assessing how
to reduce such gaps.
In paragraph (10) of section 1087(b), as redesignated, add
at the end before the period the following: ``, including an
analysis of the principal and secondary causes of civilian
casualties in a suitably representative sample of air
operations that includes both planned and dynamic strikes''.
In paragraph (1) of section 1087(d), insert ``and the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives'' after ``congressional defense committees''.
At the end of subtitle G of title XII, add the following:
SEC. _. AMENDMENTS RELATING TO CIVILIAN CASUALTY MATTERS.
(a) Modification of Responsibility for Policy on Civilian
Casualty Matters.--Section 936 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. 134 note) is amended--
(1) in subsection (b)--
(A) in paragraph (3)--
(i) by inserting ``appropriate to the specific regional
circumstances'' after ``publicly available means''; and
(ii) by inserting ``or in-person'' after ``Internet-
based'';
(B) in paragraph (5)--
(i) in subparagraph (A), by inserting ``, including for
acknowledging the status of any individuals killed or injured
who were initially reported as lawful targets, but
subsequently determined not to be lawful targets'' after
``operations''; and
(ii) in subparagraph (B)--
(I) by inserting ``or other assistance'' after
``payments''; and
(II) by striking ``necessary'' and inserting ``reasonable
and culturally appropriate''; and
(C) in paragraph (7), by striking ``and'' at the end;
(D) by redesignating paragraph (8) as paragraph (10); and
(E) by inserting after paragraph (7) the following:
``(8) uniform processes and standards across the combatant
commands for integrating civilian protection into operational
planning, including assessments of the optimal staffing
models for tracking, analyzing, and responding to civilian
casualties in named military operations of various sizes and
compositions, to include multinational coalition operations;
``(9) cultivating, developing, retaining, and disseminating
lessons learned about the proximate cause or causes of
civilian casualties, and practices developed to prevent,
mitigate, or respond to such casualties; and'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following:
``(c) Coordination.--
``(1) In general.--The senior civilian official designated
under subsection (a) shall develop and implement steps to
increase coordination with the Chiefs of Mission and other
appropriate positions in the Department of State in any
country with respect to which the policy required pursuant to
subsection (a) is relevant.
``(2) Matters for coordination.--The coordination required
by paragraph (1) shall include the following:
``(A) The development of publicly available means,
appropriate to the specific regional circumstances, including
an internet-based or in-person mechanism, for submission to
the United States Government of allegations of civilian
casualties resulting from United States military operations.
``(B) The offering of reasonable and culturally appropriate
ex gratia payments or other assistance to civilians who have
been injured, or to the families of civilians killed, as a
result of United States military operations.'';
(4) by inserting after subsection (d), as redesignated, the
following:
``(e) Briefing.--Not later than 180 days after the date of
the enactment of this subsection, the senior civilian
official designated under subsection (a) shall brief the
congressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives on--
``(1) the updates made to the policy developed by the
senior civilian official pursuant to this section; and
``(2) the efforts of the Department to implement such
updates.''.
(b) Modification of Annual Report on Civilian Casualties in
Connection With United States Military Operations.--Section
1057 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) is amended--
(1) in subsection (a), by striking ``congressional defense
committees'' and inserting ``appropriate congressional
committees''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking the period at the end and
inserting the following: ``and, when relevant, makes ex
gratia payments or provides other assistance to the victims
or their families, including--
``(A) whether interviews were conducted with witnesses and
survivors of United States lethal actions, directly or
through a third party or intermediary;
``(B) whether the investigation relied on public reports or
other nongovernmental sources; and
``(C) the process, criteria, and methodology used to assess
external allegations of civilian casualties, including the
sources of such allegations.'';
[[Page H5602]]
(B) in paragraph (4), by adding at the end before the
period the following: ``, including any assistance and
support, as appropriate, provided for civilians displaced by
such operations'';
(C) by redesignating paragraph (6) as paragraph (9); and
(D) by inserting after paragraph (5) the following:
``(6) A list of allegations where the Department could
confirm United States military activity but could not confirm
civilian casualties due to lack of evidence, and any steps
taken to further corroborate the allegations.
``(7) A list?of allegations that the Department could not
fully assess in a Civilian Casualty Assessment Review (CCAR)
due to lack of information and any steps taken to obtain
additional information needed to conduct a CCAR.
``(8) A description of the specific criteria the Department
employed during the CCAR to determine that a civilian
casualty is more likely than not to have occurred.''; and
(3) by adding at the end the following:
``(f) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the congressional defense committees; and
``(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.''.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from New York (Mr. Engel) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. ENGEL. Mr. Chairman, I always view military policy as a measure
of last resort in our foreign policy. When the American military is
engaged anywhere in the world, it often comes at the cost of American
lives and the lives of innocent civilians. These are the most tragic
costs of war, one reason why we can never, ever be reckless in the use
of military force.
Civilian casualties are a tragedy. They also give extremist groups
fodder to radicalize and recruit new fighters. We need to do everything
in our power to reduce the number of civilian casualties. The Pentagon
has made progress in this area thanks in part to new requirements
Congress put in place. My amendment would build on this progress in a
number of ways.
First of all, it would help fill in the blanks when it comes to our
own planning and reporting about civilian casualties. Right now, there
tends to be a big difference between what the Defense Department
estimates in terms of civilian casualties before a military strike and
what the Department reports after and, again, a big difference between
our official reporting and what NGOs report. My amendment would require
a new analysis of these disparities to help figure out why we are
getting it wrong ahead of time and why there is such a wide range of
reporting after the fact.
Secondly, while the Pentagon has done good work developing sound
policies in this area, more must be done on implementation. My measure
would improve consistent standards across all the combatant commands.
Thirdly, this amendment will help improve the way we gather
information about civilian casualties. It will establish new criteria
and methods to assess allegations of casualties, and it will make sure
we work more effectively with local populations.
Lastly, we need to understand that the Defense Department needs to
keep learning and adapting. My amendment would require standards for
incorporating lessons learned so our policies and practices will
continue to improve as time goes on.
Because this is a learning process, I will say that this amendment
won't give us a perfect policy. We need to keep working toward more
comprehensive, responsible ways of preventing and addressing civilian
casualties. We need to keep giving the Defense Department the tools it
needs to do so. This measure will provide a few more of those tools,
and I am glad the House is able to consider it today.
Mr. Chairman, I reserve the balance of my time.
Ms. STEFANIK. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentlewoman from New York is recognized for 5
minutes.
Ms. STEFANIK. Mr. Chairman, I yield myself such time as I may
consume.
Let me start off by being very clear on this issue: Our military
forces aim for zero civilian casualties--zero--and one civilian
casualty during a military operation is one too many. No one
understands this better than our men and women in uniform who go
through extreme efforts to continually avoid civilian casualties, and
no committee understands this better than the House Armed Services
Committee.
So this amendment that we are discussing now is one of several that
we have seen this year that unnecessarily expand and increase reporting
on civilian casualties and allegations of civilian casualties caused by
our men and women in uniform.
I am disappointed that, once again, the majority chose to give up
Defense Committee jurisdiction to another outside committee. So this
amendment would, in effect, give an outside committee additional
reporting on what amounts to ongoing and current military operations.
To date, this has been the exclusive jurisdiction of the Defense
Committee's. In fact, the civilian casualty frameworks that we are
discussing today were put in place in previous NDAAs under the previous
Republican majority on a bipartisan basis. We tried to work in
additional edits to this amendment, given the importance of this issue,
but those edits were refused by the majority, which is why we are
debating this today.
Mr. Chairman, I reserve the balance of my time.
Mr. ENGEL. Mr. Chairman, I reserve the balance of my time.
Ms. STEFANIK. Mr. Chairman, I yield 2 minutes to the gentleman from
Nebraska (Mr. Bacon).
Mr. BACON. Mr. Chairman, I appreciate the opportunity to speak on
this.
After serving 30 years in the Air Force and serving with multiple air
operation centers, I know how hard our military works to get this
right. Our military forces go through extreme measures to avoid
civilian casualties.
At any given time, combatant commanders have multiple boards,
centers, cells, and working groups that are focused on reducing
civilian casualties, in addition to the work of the various target
development working groups.
Additionally, there are significant and recurring legal reviews
conducted as proposed targets are evaluated for compliance with the law
of war by judge advocates, legal advisers, and target engagement
authorities--and this is before any strike is even taken.
To evaluate civilian casualties and allegations, military commanders
look at and consider reports from all sources, including NGOs, credible
media sources and outlets, and even social media.
In addition to evaluating all these various reports, they look at the
video surveillance that they have and other forms of data from their
ISR assets, witness observations; they take human intelligence and
other forms of intelligence.
Of course, there are going to be differences in initial reporting--
and sometimes even months afterwards--between what DOD sees and what
other groups are seeing, but this is war, and war is chaos. And our
adversaries frequently also inflate civilian losses to further their
aims.
So my position is this. We have a great process in place. It is
working. The military has given it their very best to get this right.
The integrity of our military commanders is such that we can trust
their effort with what they are doing now, and any discrepancies, they
are acknowledged and they are investigated, and they try to get it as
right as they can.
To say our military does not take these allegations of civilian
casualties seriously means you don't understand the policy, the
process, and the level of effort that goes into avoiding these
casualties in the first place. And investigating any allegations of
civilian causalities in any post operation, they do their very best to
get this right.
Our military is working hard. They are trying to achieve our
objectives. I stand in objection to the amendment.
Mr. ENGEL. Mr. Chairman, let me say that I would respectfully remind
my colleagues that the Foreign Affairs Committee has jurisdiction over
authorizations for the use of military force, and military strikes are
conducted under authority from the Foreign Affairs Committee. It shares
jurisdiction.
Mr. Chairman, I reserve the balance of my time.
Ms. STEFANIK. Mr. Chairman, I continue to reserve the balance of my
time.
[[Page H5603]]
Mr. ENGEL. Mr. Chairman, this isn't an easy subject to deal with, but
it cannot be swept under the rug. It is good that the Pentagon has
taken steps in recent years to adopt stronger and more responsible
policies when it comes to civilian casualties.
{time} 1315
We need to keep pressing forward on this work to make sure we have
the best information, to make sure this is a problem taken seriously
and being dealt with, and to make sure the United States is behaving
responsibly when these tragedies do occur.
Mr. Chair, I ask for Members to support this measure, and I yield
back the balance of my time.
Ms. STEFANIK. Mr. Chair, in closing, again, I think it is important
to note that as a matter of practice on the ground, we want zero
civilian casualties, not only for law of war and ethical reasons but
because our troops are often there to work alongside and protect
civilian populations, so any unnecessary force creates additional
enemies. One civilian casualty is one too many.
But this amendment is unnecessary because there are already
considerable policies in place and reporting that occurs to minimize
any and all civilian casualties.
This amendment is also unnecessary because there is, in addition,
substantial and continued coordination that occurs between the DOD and
the State Department, starting at the country team level and extending
back to the Pentagon and Foggy Bottom, which also includes coordination
with the National Security Council and the intelligence community.
Again, we don't want to give up our jurisdiction on the House Armed
Services Committee when we are talking about military operations and
knowing that our troops do anything and everything they can to ensure
there are zero civilian casualties.
Mr. Chair, I urge my colleagues to oppose this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Engel).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. STEFANIK. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New York
will be postponed.
Amendment No. 31 Offered by Mr. Engel
The Acting CHAIR. It is now in order to consider amendment No. 31
printed in part B of House Report 116-143.
Mr. ENGEL. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the appropriate place in subtitle D of title XII, insert
the following:
SEC. 12__. REPORTS RELATING TO THE NEW START TREATY.
(a) Sense of Congress.--It is the sense of Congress that
the United States should seek to extend the New START Treaty,
from its initial termination date in February 2021 to
February 2026, as provided for under Article XIV of the
Treaty, unless--
(1) the President determines and informs the appropriate
congressional committees that Russia is in material breach of
the Treaty; or
(2) the Treaty is superseded by a new arms control
agreement that provides equal or greater constraints,
transparency, and verification measures with regard to
Russia's nuclear forces.
(b) Prohibition on Use of Funds to Withdraw From the New
START Treaty.--Notwithstanding any other provision of law,
none of the funds authorized to be appropriated by this Act
or otherwise made available to the Department of Defense for
fiscal year 2020 may be used to take any action to withdraw
the United States from the New START Treaty, unless the
President determines and so informs the appropriate
congressional committees that Russia is in material breach of
the Treaty.
(c) Assessments From Director of National Intelligence.--
(1) Relating to expiration of new start treaty.--Not later
than 180 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to the
appropriate congressional committees an intelligence
assessment based on all sources of the national security and
intelligence implications of the expiration of the New START
Treaty without the United States and Russia having entered
into a new arms control agreement that provides equal or
greater constraints, transparency, and verification measures
with regard to Russia's nuclear forces. The assessment shall
be submitted in an unclassified form, but may contain a
classified annex, and shall include the following elements:
(A) A description of the size and posture of Russia's
nuclear forces, including strategic nuclear warheads and
strategic delivery vehicles, as well as predicted force
levels through February 2026 under each of the following
potential scenarios:
(i) The Treaty expires in February 2026 without such a
replacement agreement.
(ii) The Treaty is extended until February 2026.
(B) A description of Russia's likely response to an
expiration of the New START Treaty, including potential
changes to Russia's nuclear forces, conventional forces, as
well as Russia's willingness to negotiate an arms control
agreement on Russian non-strategic or tactical nuclear
weapons, short-and-intermediate-range delivery systems,
(including dual-capable and nuclear-only), and new strategic
delivery systems (such as the kinds announced by President
Putin on March 1, 2018) in the future.
(C) An assessment of the strategic impact on United States
and Russian strategic nuclear forces if the Treaty is not
extended and such an agreement is not concluded, including
the likelihood that Russia pursues new strategic offensive
arms research and development programs.
(D) An assessment of the potential quantity of Russia's new
strategic delivery systems (such as the kinds announced by
President Putin on March 1, 2018) between 2021 and 2026, and
the impact to strategic stability between Russia and the
United States as related to Russia's existing strategic
forces.
(E) An assessment of the impact on United States allies if
the limitations on Russia's nuclear forces are dissolved if
the Treaty is not extended and such an agreement is not
concluded.
(F) A description of the verification and transparency
benefits of the Treaty and a description of the Treaty's
impact on the United States' understanding of Russia's
military and nuclear forces.
(G) An assessment of how the United States' confidence in
its understanding of Russia's strategic nuclear arsenal and
future nuclear force levels would be impacted if the Treaty
is not extended and such an agreement is not concluded.
(H) An assessment of what actions would be necessary for
the United States to remediate the loss of the Treaty's
verification and transparency benefits if the Treaty is not
extended and such an agreement is not concluded, and an
estimate of the remedial resources required to ensure no
concomitant loss of understanding of Russia's military and
nuclear forces.
(2) Relating to russia's willingness to engage in nuclear
arms control negotiations.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees an intelligence assessment based on all sources of
Russia's willingness to engage in nuclear arms control
negotiations and Russia's priorities in these negotiations.
The assessment shall be submitted in an unclassified form but
may contain a classified annex, and shall include the
following elements:
(A) An assessment of Russia's willingness to extend the New
START Treaty and its likely negotiating position to discuss
such an extension with the United States.
(B) An assessment of Russia's interest in negotiating a
broader arms control agreement that would include nuclear
weapons systems not accountable under the New START Treaty,
including non-strategic nuclear weapons.
(C) An assessment of what concessions Russia would likely
seek from the United States during such negotiations,
including what additional United States' military
capabilities Russia would seek to limit, in any broader arms
control negotiation.
(d) Reports and Briefing From Secretary of State.--
(1) Relating to nato, nato member countries, and other
united states allies.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit a
report, which shall be in an unclassified form but may
contain a classified annex, and provide a briefing to the
appropriate congressional committees that includes--
(A) an assessment of the likely reactions of the North
Atlantic Treaty Organization (NATO), NATO member countries,
and other United States allies to a United States decision
not to extend the New START Treaty or enter into a new
agreement with Russia to replace the Treaty that provides
equal or greater constraints, transparency, and verification
measures with regard to Russia's nuclear forces; and
(B) a description of the consultations undertaken with such
allies in which the New START Treaty was raised, and the
level of allied interest in, recommendations on, or concerns
raised with respect to discussions between the United States
and Russia relating to the Treaty and other related matters.
(2) Relating to ongoing implementation of the new start
treaty.--Not later than 60 days after the date of the
enactment of this Act, and every 90 days thereafter until the
New START Treaty is extended or expires,
[[Page H5604]]
the Secretary of State, in consultation with the Secretary of
Defense, shall submit a report, which shall be in an
unclassified form but may contain a classified annex, to the
appropriate congressional committees with an assessment of
the following elements:
(A) Whether the Russian Federation remains in compliance
with its obligations under the New START Treaty.
(B) Whether implementation of the New START Treaty remains
in the national security interest of the United States.
(3) Relating to other matters.--Not later than 90 days
after the date of the enactment of this Act, and every 180
days thereafter until the New START Treaty is extended or
expires, the Secretary of State, in consultation with the
Secretary of Defense, shall provide a briefing to the
appropriate congressional committees that includes the
following elements:
(A) A description of any discussions with Russia on the
Treaty or on a broader, multilateral arms control treaty with
Russia and other countries on the reduction and limitation of
strategic offensive arms, and discussions addressing the
disparity between the non-strategic nuclear weapons
stockpiles of Russia and of the United States, at the
Assistant Secretary level, Ambassadorial level, or higher.
(B) The dates, locations, discussion topics, agenda,
outcomes, and Russian interlocutors involved in those
discussions.
(C) An identification of the United States Government
departments and agencies involved in the discussions.
(D) The types of systems, both nuclear and nonnuclear,
discussed by either side in such discussions as the potential
subjects of an agreement.
(E) Whether an offer of extension of the Treaty for any
length of time, or to negotiate a new agreement, has been
offered by either side.
(e) Report and Briefing From Secretary of Defense.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the
Secretary of Energy and the Secretary of State, shall submit
a report, which shall be in unclassified form but may contain
a classified annex, and provide a briefing to the appropriate
congressional committees that includes--
(1) an assessment of the impact on the United States
nuclear arsenal and posture of the expiration of the New
START Treaty without the United States and Russia having
entered into a new agreement with Russia to replace the
Treaty that provides equal or greater constraints,
transparency, and verification measures with regard to
Russia's nuclear forces;
(2) a description of the potential changes to the expected
force structure of the Armed Forces to respond to potential
changes in Russia's nuclear posture if the limitations in the
Treaty are no longer in force, and in the absence of such a
new bilateral or multilateral agreement, and an estimation of
expected costs necessary to make such changes to the force
structure of the Armed Forces;
(3) a description, to be submitted jointly with the
Secretary of Energy, of potential changes to the
modernization plan for the United States nuclear weapons
complex, which anticipates the continued existence of the
Treaty, if the Treaty is not extended or such a new bilateral
or multilateral agreement is not concluded;
(4) a description of the strategic impact on United States
and Russian strategic nuclear forces if the Treaty is not
extended or such a new bilateral or multilateral agreement is
not concluded; and
(5) a description of potential changes regarding United
States nuclear weapons forward deployed to Europe and
regarding the nuclear deterrent of the United Kingdom and
France, if the Treaty is not extended or such a new bilateral
or multilateral agreement is not concluded.
(f) Presidential Certification in Advance of Expiration of
New START Treaty.--Not later than September 7, 2020, if the
New START Treaty has not been extended, and if the United
States and Russia have not entered into a new treaty to
replace the New START Treaty, the President shall submit a
report, which shall be in an unclassified form but may
contain a classified annex, to the appropriate congressional
committees that contains the following elements--
(1) an assessment as to whether the limits of the New START
Treaty on Russia's strategic nuclear forces advance United
States national security interests;
(2) an explanation of how the United States will address
the imminent expiration of the New START Treaty, including--
(A) a plan to extend the New START Treaty before it
expires;
(B) a plan to otherwise retain the Treaty's limits on
Russia's nuclear forces; or
(C) a plan to provide for the expiration of the Treaty,
including--
(i) a justification for why the expiration of the Treaty is
in the national security interest of the United States; and
(ii) a plan, including steps the United States military and
the intelligence community will take before February 5, 2021,
to account for the expiration of the Treaty and the failure
to replace it with a new agreement to maintain confidence in
United States nuclear deterrence requirements and a similar
level of confidence in intelligence information regarding
Russia's nuclear forces.
(g) Department of Defense Reporting Requirements in Event
of Expiration of New START Treaty.--If the New START Treaty
expires before the United States and Russia enter into a new
arms control agreement to replace the Treaty that provides
equal or greater constraints, transparency, and verification
measures with regard to the Russia's nuclear forces, not
later than 30 days after such expiration--
(1) the Secretary of Defense shall submit to the
appropriate congressional committees a report describing
changes to the expected force structure of the Armed Forces
and estimating the expected costs necessary to make such
changes; and
(2) the Secretary of Defense and the Secretary of Energy
shall jointly submit to the appropriate congressional
committees a report--
(A) describing the manner in which the current United
States nuclear modernization plan, which anticipates the
continued existence of the Treaty, will be modified without
the existence of the Treaty; and
(B) including--
(i) the information required to be submitted in the report
required by section 1043 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1576);
(ii) a separate 10-year cost estimate from the Department
of Defense to implement a nuclear sustainment plan; and
(iii) a separate 10-year cost estimate from the Department
of Energy to implement a nuclear sustainment and
modernization plan.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
(3) New start treaty; treaty.--The terms ``New START
Treaty'' and ``Treaty'' mean the Treaty between the United
States of America and the Russian Federation on Measures for
the Further Reduction and Limitation of Strategic Offensive
Arms, signed on April 8, 2010, and entered into force on
February 5, 2011.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from New York (Mr. Engel) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. ENGEL. Mr. Chair, my amendment is something that really should be
a no-brainer. It says we need to maintain strong and verifiable limits
on Russia's nuclear forces.
We all know that a robust nuclear deterrent has been a pillar of
American security since the beginning of the Cold War, but so has arms
control.
Democratic and Republican administrations alike have used arms
control agreements to constrain Russia's nuclear forces. These
agreements have allowed us to keep eyes on the ground so we can confirm
what the Russians are doing.
They have stopped arms races. They have strengthened peace. I fear
this administration wants to throw all of that out the window.
The President's withdrawal from the INF Treaty is sending us down a
dangerous path toward a renewed nuclear arms race. Don't get me wrong:
Russia's violation of the INF Treaty is unacceptable, but the question
is how we respond to it. Instead of using diplomacy and pressure to
push the Russians back into compliance, the administration is following
Russia's lead and walking away. This sends a terrible message and
signals a broader ideological contempt for the value of arms control.
Now the debate is shifting to New START. This treaty has won the
praise of diplomats and defense and intelligence officials as a tool
for advancing our national security interests. It allows us to keep a
lid on competition with a hostile Russia. The New START Treaty places
strong limits on Russia's strategic nuclear forces, meaning the nuclear
weapons that can reach the United States.
This treaty also gives us strong mechanisms to make sure Russia is
holding up its end of the bargain. It provides unique insights into
Russia's nuclear forces, information that would be impossible to
replace. Indeed, up to this point, the State Department has certified
that Russia is in full compliance with the New START Treaty.
The clock is ticking. The New START Treaty is set to expire in a year
and a half. It can be extended another 5 years until 2026, but only if
the
[[Page H5605]]
United States and Russia agree to do so.
My amendment sets out what should be a commonsense approach. It says
that as long as Russia remains in compliance with the treaty, the
administration should work to extend the New START Treaty unless the
administration can complete a replacement agreement with equal or
greater constraints on the Russians.
We cannot accept anything less.
The amendment also requires a series of reports from the
administration on potential consequences if the treaty lapses and
requires the President to present a plan to Congress on how to deal
with these consequences.
Like so many other aspects of its foreign policy, the Trump
administration has sent confusing messages about extending the treaty.
They recently called it ``unlikely,'' noting a desire to move beyond
the existing arms control regime with Russia to tackle other issues
like tactical nuclear weapons and China.
Those are important issues, too. I agree with that. The United States
should push ahead with a new arms control agreement, but in the
meantime, we shouldn't throw out the baby with the bathwater. We should
extend New START. After all, we cannot allow Russia free rein to expand
its nuclear forces.
What I hope this administration understands is that arms control is a
critical tool in a much broader effort as we compete with Russia. Arms
control reduces uncertainty. It creates patterns and predictability. It
helps us make sure our forces and programs are tailored to deal with
the challenges we are facing.
Mr. Chair, I ask Members to support this amendment, and I reserve the
balance of my time.
Ms. CHENEY. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentlewoman from Wyoming is recognized for 5
minutes.
Ms. CHENEY. Mr. Chair, I applaud my colleague's determination to
ensure that the United States is doing everything possible to prevent
the proliferation of nuclear weapons. Unfortunately, I think this
amendment does not have that impact.
We are engaged now in a situation with respect to New START, that it
is a treaty that was designed, implemented, and adopted in a world that
is very different from the one in which we live today.
Those of us on this side of the aisle do not suggest, and are not
suggesting, that we should withdraw from the treaty, so it is a little
bit disingenuous for the amendment to suggest that no funds should be
used to withdraw. We do not want to withdraw from the treaty. It is an
important treaty. However, we also think we shouldn't blindly extend
the treaty.
In today's world, in which we know the treaty does not cover the
types of weapons that the Russians are developing, nor does it cover at
all the types of weapons systems that the Chinese are developing and
deploying, we want to make sure that the United States is able to
provide those kinds of restrictions across the board, not simply stick
to a treaty that limits only particular types of weapons systems and
only with respect to Russia.
Mr. Chair, I oppose this amendment because I think it is very
important that we not tie the President's hands, that we not send that
message to the President and to our adversaries.
I think the Russians would very much like to see this treaty extended
as it is. They would very much like to not be constrained in the
development of tactical nuclear weapons and the development and
deployment of systems that aren't covered by the treaty.
Those of us who are arguing in favor of ensuring the treaty covers
all the threats would like to see a much more robust arms control
system than the one that would be in place if we simply extended this
treaty without considering the possibility of including the Chinese
and the Russians. The administration, in fact, has said precisely that.
The President has urged that the National Security Council look at
ways that we can make sure the treaty covers all of our security needs,
not simply extend it beyond the 2021 date.
We think it is important that the President have that ability. We
also think it is important that the Congress not send a message to our
adversaries that we are simply urging the President to extend this
treaty as is.
Mr. Chair, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mr. ENGEL. Mr. Chair, may I inquire as to how much time I have
remaining.
The Acting CHAIR. The gentleman from New York has 1 minute remaining.
Mr. ENGEL. Mr. Chair, then let me split it. I yield 30 seconds to the
gentleman from Massachusetts (Mr. Keating), a well-respected member of
the Foreign Affairs Committee and one of our subcommittee chairs.
Mr. KEATING. Mr. Chair, I rise in support of Chairman Engel's
amendment, inspired by a bipartisan New START bill, which is
cosponsored by Mr. McCaul, the ranking member, and of which I am a
proud cosponsor. It is a bill that urges extension of the New START
Treaty.
Russia's broad range of destabilizing influence is well known. We
need to do everything we can to constrain Russia's arsenal to the best
of our ability, and we have an effective tool in place.
We have heard from so many leaders about why this is important,
people who support this amendment, like General John Hyten, Commander
of the United States Strategic Command.
Mr. ENGEL. Mr. Chair, I yield 30 seconds to the gentleman from
Massachusetts (Mr. Moulton).
Mr. MOULTON. Mr. Chair, I want to point out that I agree with my
colleague that this treaty is outdated, that Russia and China are
developing weapons that exceed what is included here, but that is all
the more reason why we need the time afforded by extending this treaty
to develop a stronger replacement.
We shouldn't do what Russia wants. That is why I oppose this
President, which Russia wants.
We need to have a stronger replacement for this treaty, and this
amendment does exactly that. It gives us the time to get there while
ensuring our safety in the meantime.
Mr. ENGEL. Mr. Chair, I yield back the balance of my time.
Ms. CHENEY. Mr. Chair, may I inquire as to how much time I have
remaining.
The Acting CHAIR. The gentlewoman from Wyoming has 2\1/2\ minutes
remaining.
Ms. CHENEY. Mr. Chair, I yield 1\1/2\ minutes to the gentleman from
Texas (Mr. Thornberry), my colleague, the esteemed ranking member of
the Armed Services Committee.
Mr. THORNBERRY. Mr. Chair, I thank the gentlewoman for yielding.
Mr. Chair, I simply want to make two points.
One is that the Under Secretary of State for Arms Control is supposed
to meet with her Russian counterpart on this issue next week. What are
we doing? We come to the floor, and we want to tie her hands. We want
to restrict her ability to negotiate with the Russians. That doesn't
make any sense to me.
There has been discussion about flaws in the treaty, how it has not
kept up with changes in technology. Yet the House wants to come and
say, ``Well, we think we ought to extend it anyway,'' giving the
Russians a benefit that they don't have to give anything up for.
It may be that we come to a point where we think extending New START
makes sense. The Russians ought to participate in that as part of a
negotiation, not a unilateral move for us.
Secondly, I have to note more broadly in this bill that when New
START was ratified, part of the agreement was, yes, we will go down to
a lower number of nuclear weapons, but we are going to put increased
investment into the nuclear weapons complex to make it more responsive,
because with lower weapons, if something goes wrong, you have less
margin for error.
This bill before us cuts the requested funding from the nuclear
weapons complex. It cuts funding requested for the Minuteman III
replacement. It cuts in a variety of ways our attempt to have a strong
nuclear deterrent.
Ms. CHENEY. Mr. Chair, I am prepared to close.
Mr. Chair, I would like to ensure that our colleagues recognize the
limitations of the treaty that my colleague, Mr. Engel, is suggesting
we extend.
The treaty is insufficient with respect to the arms that it limits.
The
[[Page H5606]]
treaty is insufficient with respect to the participants in the treaty.
The treaty also has an insufficient verification regime.
It is crucially important that we make sure that we arm those who are
negotiating these treaties with the support that they need to conclude
a treaty that fundamentally supports the security of the Nation.
Mr. Chair, I urge my colleagues to oppose this amendment, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Engel).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. CHENEY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New York
will be postponed.
{time} 1330
Announcement by the Acting Chair
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in part B of House Report
116-143 on which further proceedings were postponed, in the following
order:
Amendment No. 1 by Mr. Smith of Washington.
Amendment No. 3 by Ms. Speier of California.
Amendment No. 6 by Ms. Speier of California.
Amendment No. 9 by Mr. Brindisi of New York.
Amendment No. 10 by Mrs. Torres of California.
Amendment No. 11 by Mr. Connolly of Virginia.
Amendment No. 14 by Ms. Shalala of Florida.
Amendment No. 17 by Ms. Omar of Minnesota.
Amendment No. 19 by Mr. Smith of Washington.
Amendment No. 21 by Mr. Sherman of California.
Amendment No. 23 by Mr. Ted Lieu of California.
Amendment No. 24 by Mr. Ted Lieu of California.
Amendment No. 26 by Mr. Smith of Washington.
Amendment No. 27 by Mr. Cicilline of Rhode Island.
Amendment No. 29 by Mr. Engel of New York.
Amendment No. 31 by Mr. Engel of New York.
The Chair will reduce to 2 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 1 Offered by Mr. Smith of Washington
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Washington
(Mr. Smith) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 236,
noes 193, not voting 9, as follows:
[Roll No. 438]
AYES--236
Adams
Aguilar
Allred
Amash
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Stivers
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--193
Abraham
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Taylor
Thompson (PA)
Thornberry
Tipton
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--9
Fudge
Gabbard
Higgins (LA)
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Timmons
{time} 1358
Messrs. KEVIN HERN of Oklahoma and YOHO changed their vote from
``aye'' to ``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated against:
Mr. TIMMONS. Mr. Chair, I was unavoidably detained. Had I been
present, I would have voted ``nay'' on rollcall No. 438.
Amendment No. 3 Offered by Ms. Speier
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from
California (Ms. Speier) on which further proceedings were postponed and
on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
[[Page H5607]]
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 242,
noes 187, not voting 9, as follows:
[Roll No. 439]
AYES--242
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brooks (IN)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reed
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stefanik
Stevens
Stivers
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--187
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hudson
Huizenga
Hunter
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Pence
Perry
Posey
Ratcliffe
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Steil
Steube
Stewart
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Wagner
Walberg
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--9
Fudge
Gabbard
Higgins (LA)
McNerney
Norton
Palmer
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1404
Ms. STEFANIK changed her vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 6 Offered by Ms. Speier
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from
California (Ms. Speier) on which further proceedings were postponed and
on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 231,
noes 199, not voting 8, as follows:
[Roll No. 440]
AYES--231
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--199
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
[[Page H5608]]
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Lipinski
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Peterson
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--8
Fudge
Gabbard
Higgins (LA)
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1409
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 9 Offered by Mr. Brindisi
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from New York
(Mr. Brindisi) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 243,
noes 187, not voting 8, as follows:
[Roll No. 441]
AYES--243
Adams
Aderholt
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Bergman
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Buchanan
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Collins (NY)
Connolly
Correa
Costa
Courtney
Cox (CA)
Crist
Crow
Cuellar
Cummings
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duffy
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Fortenberry
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gonzalez-Colon (PR)
Gottheimer
Graves (LA)
Green, Al (TX)
Griffith
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Hunter
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
King (NY)
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McAdams
McBath
McCollum
McGovern
McKinley
Meeks
Meng
Mooney (WV)
Morelle
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Pressley
Price (NC)
Quigley
Raskin
Reed
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sensenbrenner
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stauber
Stefanik
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
Yoho
NOES--187
Abraham
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Biggs
Bilirakis
Bishop (UT)
Brady
Brooks (AL)
Brooks (IN)
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Comer
Conaway
Cook
Cooper
Craig
Crawford
Crenshaw
Cunningham
Curtis
Davidson (OH)
DesJarlais
Diaz-Balart
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (MO)
Green (TN)
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Himes
Holding
Hollingsworth
Hudson
Huizenga
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kind
King (IA)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Larsen (WA)
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Luria
Marchant
Marshall
Mast
McCarthy
McCaul
McClintock
McEachin
McHenry
Meadows
Meuser
Miller
Mitchell
Moolenaar
Moore
Moulton
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Porter
Posey
Ratcliffe
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Sarbanes
Scalise
Schweikert
Scott, Austin
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Torres Small (NM)
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Young
Zeldin
NOT VOTING--8
Fudge
Gabbard
Higgins (LA)
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1414
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 10 Offered by Mrs. Torres of California
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from
California (Mrs. Torres) on which further proceedings were postponed
and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
[[Page H5609]]
The vote was taken by electronic device, and there were--ayes 225,
noes 205, not voting 8, as follows:
[Roll No. 442]
AYES--225
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Courtney
Cox (CA)
Craig
Crist
Crow
Cummings
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
King (NY)
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McBath
McCollum
McEachin
McGovern
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rooney (FL)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--205
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (GA)
Bishop (UT)
Bost
Brady
Brindisi
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Costa
Crawford
Crenshaw
Cuellar
Cunningham
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Golden
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Horn, Kendra S.
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kind
King (IA)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McAdams
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Van Drew
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--8
Fudge
Gabbard
Higgins (LA)
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1418
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 11 Offered by Mr. Connolly
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Connolly) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 247,
noes 182, not voting 9, as follows:
[Roll No. 443]
AYES--247
Adams
Aguilar
Allred
Amash
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Bishop (UT)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Fortenberry
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (NY)
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stauber
Stefanik
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Wilson (SC)
Wittman
Yarmuth
Young
NOES--182
Abraham
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
[[Page H5610]]
Cline
Cloud
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Cunningham
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Steil
Steube
Stewart
Stivers
Taylor
Thornberry
Timmons
Tipton
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Womack
Woodall
Wright
Yoho
Zeldin
NOT VOTING--9
Bilirakis
Fudge
Gabbard
Higgins (LA)
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1423
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. CUNNINGHAM. Mr. Chair, during rollcall Vote number 443 on the
Connolly amendment, I mistakenly recorded my vote as ``no'' when I
should have voted ``yes.''
Amendment No. 14 Offered by Ms. Shalala
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Florida
(Ms. Shalala) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 251,
noes 178, not voting 9, as follows:
[Roll No. 444]
AYES--251
Adams
Aguilar
Allred
Axne
Bacon
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crenshaw
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duncan
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gohmert
Golden
Gomez
Gonzalez (TX)
Gonzalez-Colon (PR)
Gottheimer
Green, Al (TX)
Griffith
Grijalva
Grothman
Haaland
Harder (CA)
Hastings
Hayes
Heck
Herrera Beutler
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Riggleman
Rooney (FL)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Stivers
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Woodall
Yarmuth
Yoho
NOES--178
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Curtis
Davidson (OH)
DesJarlais
Diaz-Balart
Duffy
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Taylor
Thornberry
Timmons
Tipton
Turner
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Wright
Young
Zeldin
NOT VOTING--9
Frankel
Fudge
Gabbard
Higgins (LA)
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1427
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 17 Offered by Ms. Omar
The Acting CHAIR (Mr. Cox of California). The unfinished business is
the demand for a recorded vote on the amendment offered by the
gentlewoman from Minnesota (Ms. Omar) on which further proceedings were
postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 219,
noes 210, not voting 9, as follows:
[[Page H5611]]
[Roll No. 445]
AYES--219
Adams
Aguilar
Amash
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cline
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gomez
Gonzalez (TX)
Green, Al (TX)
Griffith
Grijalva
Grothman
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Lynch
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McBath
McClintock
McCollum
McEachin
McGovern
Meeks
Meng
Moore
Morelle
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Pappas
Pascrell
Payne
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reed
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sires
Smith (WA)
Soto
Speier
Stanton
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wilson (FL)
Yarmuth
NOES--210
Abraham
Aderholt
Allen
Allred
Amodei
Armstrong
Arrington
Axne
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Craig
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Fletcher
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Golden
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Gottheimer
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Houlahan
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamb
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Luria
Malinowski
Marchant
Marshall
Mast
McAdams
McCarthy
McCaul
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Moulton
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Panetta
Pence
Perry
Peters
Peterson
Posey
Ratcliffe
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Scott, Austin
Sensenbrenner
Sherrill
Shimkus
Simpson
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spanberger
Spano
Stauber
Stefanik
Steil
Steube
Stevens
Stewart
Stivers
Suozzi
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Van Drew
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Wild
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--9
Fudge
Gabbard
Higgins (LA)
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Rogers (AL)
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1431
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 19 Offered by Mr. Smith of Washington
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Washington
(Mr. Smith) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 243,
noes 186, answered ``present'' 1, not voting 8, as follows:
[Roll No. 446]
AYES--243
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cloud
Clyburn
Cohen
Cole
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Gallagher
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gohmert
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rooney (FL)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--186
Abraham
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
[[Page H5612]]
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gianforte
Gibbs
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thornberry
Timmons
Tipton
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
ANSWERED ``PRESENT''--1
Amash
NOT VOTING--8
Fudge
Gabbard
Higgins (LA)
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1436
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 21 Offered by Mr. Sherman
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Sherman) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 234,
noes 195, not voting 9, as follows:
[Roll No. 447]
AYES--234
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bilirakis
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cline
Clyburn
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Crist
Crow
Cummings
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gohmert
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Griffith
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--195
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bishop (UT)
Bost
Boyle, Brendan F.
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cloud
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Craig
Crawford
Crenshaw
Cuellar
Cunningham
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Luria
Marchant
Marshall
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Vela
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--9
Fudge
Gabbard
Higgins (LA)
Lamborn
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1440
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 23 Offered by Mr. Ted Lieu of California
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Ted Lieu) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 239,
noes 187, not voting 12, as follows:
[[Page H5613]]
[Roll No. 448]
AYES--239
Adams
Aguilar
Allred
Amash
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Burchett
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Gaetz
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
Meeks
Meng
Mooney (WV)
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roy
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Smith (WA)
Soto
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tipton
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--187
Abraham
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Mast
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Rutherford
Scalise
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spanberger
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--12
Cheney
Crenshaw
Fudge
Gabbard
Higgins (LA)
Johnson (LA)
McCarthy
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1445
Messrs. CLINE and SMITH of Missouri changed their vote from ``aye''
to ``no.''
Mr. ROY changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 24 Offered by Mr. Ted Lieu of California
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Ted Lieu) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 246,
noes 180, not voting 12, as follows:
[Roll No. 449]
AYES--246
Adams
Aguilar
Allred
Amash
Axne
Barragan
Bass
Beatty
Bera
Beyer
Biggs
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Buck
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cline
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davidson (OH)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Gaetz
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gosar
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Hollingsworth
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
Meeks
Meng
Mooney (WV)
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roy
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--180
Abraham
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
[[Page H5614]]
Brooks (IN)
Buchanan
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Curtis
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hudson
Huizenga
Hunter
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Mast
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Rutherford
Scalise
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--12
Cheney
Crenshaw
Fudge
Gabbard
Higgins (LA)
Johnson (LA)
McCarthy
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1449
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 26 Offered by Mr. Smith of Washington
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Washington
(Mr. Smith) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 240,
noes 185, not voting 13, as follows:
[Roll No. 450]
AYES--240
Adams
Aguilar
Allred
Amash
Axne
Barragan
Bass
Beatty
Bera
Beyer
Biggs
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Buck
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cloud
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Cuellar
Cummings
Cunningham
Davids (KS)
Davidson (OH)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gosar
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
Meeks
Meng
Mooney (WV)
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Posey
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roy
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sires
Smith (WA)
Soto
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Woodall
Yarmuth
NOES--185
Abraham
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cline
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crow
Curtis
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Houlahan
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Mast
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Rutherford
Scalise
Scott, Austin
Sensenbrenner
Sherrill
Shimkus
Simpson
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spanberger
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Wright
Yoho
Young
Zeldin
NOT VOTING--13
Cheney
Crenshaw
Fudge
Gabbard
Gaetz
Higgins (LA)
Johnson (LA)
McCarthy
McNerney
Norton
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1453
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 27 Offered by Mr. Cicilline
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Rhode
Island (Mr. Cicilline) on which further proceedings were postponed and
on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 252,
noes 173, not voting 13, as follows:
[[Page H5615]]
[Roll No. 451]
AYES--252
Abraham
Aguilar
Allred
Axne
Barragan
Beatty
Bera
Beyer
Bilirakis
Bishop (GA)
Blumenauer
Bonamici
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Carbajal
Cardenas
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clay
Cline
Clyburn
Collins (NY)
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Davids (KS)
Davidson (OH)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Dunn
Engel
Escobar
Eshoo
Espaillat
Evans
Ferguson
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Flores
Fortenberry
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gianforte
Gibbs
Gohmert
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gonzalez-Colon (PR)
Gottheimer
Green (TN)
Green, Al (TX)
Griffith
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Kim
King (IA)
King (NY)
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Marshall
Mast
Matsui
McAdams
McBath
McClintock
McCollum
McGovern
McNerney
Meeks
Meng
Miller
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Norcross
O'Halleran
Palazzo
Pallone
Palmer
Panetta
Pappas
Pascrell
Payne
Perry
Peters
Peterson
Phillips
Pingree
Pocan
Quigley
Raskin
Reed
Rice (NY)
Richmond
Riggleman
Rooney (FL)
Rose (NY)
Rouda
Roy
Roybal-Allard
Ruiz
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scalise
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Sensenbrenner
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (WA)
Soto
Spanberger
Spano
Speier
Stanton
Steube
Stevens
Stivers
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (PA)
Titus
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Waltz
Wasserman Schultz
Watkins
Weber (TX)
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
Young
Zeldin
NOES--173
Adams
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bass
Bergman
Biggs
Bishop (UT)
Blunt Rochester
Bost
Boyle, Brendan F.
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Butterfield
Byrne
Calvert
Carson (IN)
Carter (GA)
Carter (TX)
Chabot
Clarke (NY)
Cleaver
Cloud
Cohen
Cole
Collins (GA)
Comer
Conaway
Connolly
Cook
Cooper
Crawford
Cummings
Cunningham
Curtis
Davis, Rodney
DesJarlais
Duffy
Duncan
Emmer
Estes
Foxx (NC)
Fulcher
Gallagher
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (GA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kind
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lee (CA)
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Lynch
Marchant
Massie
McCaul
McEachin
McHenry
McKinley
Meadows
Meuser
Mitchell
Moolenaar
Mooney (WV)
Moore
Mullin
Neguse
Newhouse
Norman
Nunes
Ocasio-Cortez
Olson
Omar
Pence
Porter
Posey
Pressley
Price (NC)
Ratcliffe
Reschenthaler
Rice (SC)
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose, John W.
Rouzer
Ruppersberger
Rush
Rutherford
Scott, Austin
Shimkus
Simpson
Smucker
Stauber
Stefanik
Steil
Stewart
Taylor
Thompson (MS)
Thornberry
Timmons
Tipton
Tlaib
Turner
Wagner
Walberg
Walker
Walorski
Waters
Watson Coleman
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
NOT VOTING--13
Cheney
Crenshaw
Fudge
Gabbard
Gaetz
Higgins (LA)
Hill (AR)
Johnson (LA)
McCarthy
Norton
Perlmutter
Plaskett
Radewagen
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1500
Ms. WATERS, Messrs. JOHNSON of Georgia and BUTTERFIELD, Ms. ADAMS,
and Mr. CUMMINGS changed their vote from ``aye'' to ``no.''
Mr. PERRY changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 29 Offered by Mr. Engel
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from New York
(Mr. Engel) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 241,
noes 183, not voting 14, as follows:
[Roll No. 452]
AYES--241
Adams
Aguilar
Allred
Amash
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bilirakis
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Fortenberry
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCaul
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reschenthaler
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--183
Abraham
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
[[Page H5616]]
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cline
Cloud
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Foxx (NC)
Fulcher
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Luria
Marchant
Marshall
Massie
Mast
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--14
Cheney
Crenshaw
Fudge
Gabbard
Gaetz
Higgins (LA)
Johnson (LA)
McCarthy
Norton
Perlmutter
Plaskett
Radewagen
Ryan
Smucker
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1504
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 31 Offered by Mr. Engel
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from New York
(Mr. Engel) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 236,
noes 189, not voting 13, as follows:
[Roll No. 453]
AYES--236
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bilirakis
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Posey
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
San Nicolas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Schweikert
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--189
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--13
Cheney
Crenshaw
Fudge
Gabbard
Gaetz
Higgins (LA)
Johnson (LA)
McCarthy
Norton
Perlmutter
Plaskett
Radewagen
Vela
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1509
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 32 Offered by Mr. Blumenauer
The Acting CHAIR. It is now in order to consider amendment No. 32
printed in part B of House Report 116-143.
Mr. BLUMENAUER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle D of title XVI, add the following
new section:
SEC. 16__. INDEPENDENT STUDY ON EXTENSION OF MINUTEMAN III
INTERCONTINENTAL BALLISTIC MISSILES.
(a) Independent Study.--
(1) Requirement.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
seek to enter into a contract with a federally funded
research and development center to conduct a study on
extending the life of Minuteman III intercontinental
ballistic missiles to 2050.
(2) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise
[[Page H5617]]
made available for fiscal year 2020 for the Office of the
Secretary of Defense, not more than 90 percent may be
obligated or expended until the date on which the Secretary
submits the study under paragraph (1) to the congressional
defense committees pursuant to subsection (d).
(b) Matters Included.--The study under subsection (a)(1)
shall include the following:
(1) A comparison of the costs through 2050 of--
(A) extending the life of Minuteman III intercontinental
ballistic missiles; and
(B) delaying the ground-based strategic deterrent program.
(2) An analysis of opportunities to incorporate
technologies into the Minuteman III intercontinental
ballistic missile program as part of a service life extension
program that could also be incorporated in the future ground-
based strategic deterrent program, including, at a minimum,
opportunities to increase the resilience against adversary
missile defenses.
(3) An analysis of the benefits and risks of incorporating
sensors and nondestructive testing methods and technologies
to reduce destructive testing requirements and increase the
service life and number of Minuteman III missiles through
2050.
(4) An analysis and validation of the methods used to
estimate the operational service life of Minuteman II and
Minuteman III motors, taking into account the test and launch
experience of motors retired after the operational service
life of such motors in the rocket systems launch program.
(5) An analysis of the risks and benefits of alternative
methods of estimating the operational service life of
Minuteman III motors, such as those methods based on
fundamental physical and chemical processes and
nondestructive measurements of individual motor properties.
(c) Submission to DOD.--Not later than 180 days after the
date of the enactment of this Act, the federally funded
research and development center shall submit to the Secretary
a report containing the study conducted under subsection
(a)(1).
(d) Submission to Congress.--Not later than 210 days after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees the study
under subsection (a)(1), without change.
(e) Form.--The study under subsection (a)(1) shall be in
unclassified form, but may include a classified annex.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Oregon (Mr. Blumenauer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oregon.
{time} 1515
Mr. BLUMENAUER. Mr. Chair, I yield myself 2 minutes.
I would first begin by extending my congratulations to the chair and
the committee for taking a hard look at this legislation to better meet
the needs of the military and the taxpayer in long-term, stable,
careful military policy. I think they have made tremendous strides. I
would like to try to make it just a tiny bit better.
Mr. Chair, we are looking at a Minuteman III extension on a land-
based intercontinental ballistic missile system, and I am proposing
that we have a study as to whether or not we could be better served by
simply extending the life of the existing system as opposed to new
development.
Frankly, there needs to be more attention by this Congress, and I
appreciate the attention that the committee has given.
The ICBM is the leg of the triad that raises the most questions.
There has been a RAND study on the future of the ICBM force that found
that a new alternative is very likely to cost two or three times more
than incremental modernization.
We are careening toward a $1.3 trillion or more investment in nuclear
weapons that, frankly, do not help us for most of our national security
challenges that we face now, weapons that we simply can't afford and
can't afford to use.
I think by trying to right-size the work that we are doing and by
taking a hard look at this element with a study on extending the life,
it is a reasonable, responsible, cost-effective effort. I strongly urge
my colleagues to join me in supporting it.
Mr. Chair, I reserve the balance of my time.
Mr. TURNER. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. TURNER. Mr. Chair, this amendment's language is so wrong that it
was resoundingly rejected in the Armed Services Committee by a voice
vote. It is very basic and easy to understand as to why it was
rejected.
This missile, and it relates to a missile upon which there is a
nuclear warhead, was put on the ground in 1973. Richard Nixon was
President of the United States. The year before these were put in the
ground, in December of that year, was the last time we were on the
Moon, in 1972. This was just at the end of the Apollo program. This is
technology that is incredibly outdated.
If you think about the Apollo program and the Moon launch, you think,
well, the next technology is the space shuttle. That launched in 1981,
almost a decade after these were put in the ground. Even the space
shuttle is retired, yet he wants to resurrect these.
This is as ridiculous as saying, ``We are going to go to the Moon
again. Let's go to the museum and pull out the Apollo mooncrafts. Let's
just jigger them up again and put them up into space.''
It is not going to work. This is absolutely irresponsible, but it is
not really about just trying to extend this life, because this has been
studied before. This would be a study of a restudy of a restudy of a
restudy.
In addition, this is not only a study. This delays the program.
Everyone wonders why nuclear weapons cost so much. They cost so much
because we delay and delay and delay. This will be another one of those
that would just continue the prospects of our having a decaying of our
nuclear deterrent and, in addition to that, increased costs as a result
of increased delay.
I know Mr. Blumenauer has been a very strong advocate against nuclear
weapons. I understand his interest in trying to prohibit and thwart our
efforts to modernize nuclear weapons, but if you look at what our
adversaries are doing, what China is doing, what Russia is doing, it is
absolutely irresponsible to say that a Richard Nixon-era missile that
is in the ground, that has been there since we were last on the Moon,
should just be refurbished and put back in the ground and expect that
we are going to be safe.
Mr. Chair, I reserve the balance of my time.
Mr. BLUMENAUER. Mr. Chair, I yield 1 minute to the gentleman from
Washington (Mr. Smith), the distinguished chair of the committee.
Mr. SMITH of Washington. Mr. Chair, three quick points.
First of all, Richard Nixon era or not, I think we all agree that the
missile right now is working. I certainly hope it is since we are
relying on it as a key part of our nuclear deterrent.
We have a lot of weapons systems. I mean, I am surprised that the B-
52 bomber is still functional, but it is.
To imply that somehow because it is old, by definition, it doesn't
work, I hope that is not true. In fact, I know it is not true because
the current missile works perfectly fine and is a more than adequate
deterrent.
Second, the studies that have been done were trying to figure out if
we could get away with keeping this missile for the entire projected
80-year lifespan of its replacement. The studies have come back and
said, no, it probably will not last 80 years. We have not studied
whether or not it could last another 25 or another 50.
That is the purpose of this amendment. That would save us money.
Look, we need a nuclear deterrent. I don't believe the gentleman from
Oregon--certainly, I don't--supports getting rid of our nuclear
weapons. The question is, how many do we need? What does the deterrent
look like? What makes sense?
It is clear that this missile works now. If we did this study, it is
quite reasonable to presume that it would work another 10, 20, 30 years
from now. Then that money could be used for other defense priorities.
This is to answer that question, which is very important.
I will skip the third point.
Mr. BLUMENAUER. Mr. Chair, I yield an additional 20 seconds to the
gentleman from Washington (Mr. Smith).
Mr. SMITH of Washington. Mr. Chair, all I was going to say is that
the voice vote in our committee was not overwhelming. I am the one who
called the voice vote, and it was my sense that the amendment was
agreed to in the committee, but it was not overwhelming. There was a
large number of members of the Armed Services Committee who supported
the proposal that Mr. Blumenauer is now making.
[[Page H5618]]
Mr. BLUMENAUER. Mr. Chair, I reserve the balance of my time.
Mr. TURNER. Mr. Chair, we should turn to the experts when we talk
about how long this can be extended. This amendment would try to take
this Richard Nixon-era missile to 2050. General Hyten, who is the
person who is charged with having expertise with this, came before us
March 28, 2019. This year, he said all studies have been done. This
cannot be extended.
The only reason this amendment is here is to try to delay doing what
we need to do and what the experts say, which is not refurbish this
missile but move forward with replacement.
Mr. Chair, I yield 2 minutes to the gentleman from Utah (Mr. Bishop).
Mr. BISHOP of Utah. Mr. Chair, look, the Minuteman III has been a
great deterrent and a great source of security for this country, but it
is 46 years old. It was put in the ground when I was in college, and I
can't even remember what I was doing in college.
It has already been extended three times.
As Mr. Turner said, the testimony in our committee said that we have
studied this, and the conclusion was more study and more delay was not
cost-effective.
Look at the reality of the situation. If we move into a new system,
we have to have the infrastructure to make that move so the system can
be seamless going from place to place.
If we pause in that reconstruction of infrastructure, what we do is
stop the construction. Then, we have to start up again, which is why
the cost continues to increase.
There are parts of Minuteman III that are no longer being produced in
the private sector, so the engineers at the Air Force logistics centers
have to rejigger from old parts a new part. In fact, the blueprints in
some cases are so old, they are not readable anymore.
We have to move forward. This amendment stops us from modernizing our
efforts. The GBSD has to move forward.
Let's face it: The only reason it is not moving forward right now is
because it doesn't have a cute name like Minuteman III. But it is our
future. If we want something in our future, we cannot tolerate more
delays. This amendment for another study does nothing more than delay
what we can actually come up with, the new generation of what we need
to defend this country.
Mr. TURNER. Mr. Chair, I reserve the balance of my time.
Mr. BLUMENAUER. Mr. Chair, may I inquire as to the amount of time
remaining.
The Acting CHAIR. The gentleman from Oregon has 1\3/4\ minutes
remaining.
Mr. BLUMENAUER. Mr. Chair, my colleague has the right to close?
The Acting CHAIR. The gentleman from Ohio has 1 minute remaining and
has the right to close.
Mr. BLUMENAUER. Mr. Chair, I yield myself 15 seconds to reassure my
good friend from Utah that the Minuteman missile doesn't have to
remember what it was doing in the past. It simply has to launch.
To the notion that it is a Nixon-era weapon, we are flying B-52s,
which are not just Lyndon Johnson but those are of the Kennedy era.
Mr. Chair, I yield the balance of my time to the gentleman from
California (Mr. Garamendi), my good friend.
Mr. GARAMENDI. Mr. Chair, I want to engage in a discussion because it
is extremely important here.
I thank my good friend, Mr. Turner, for raising some issues. Indeed,
we might be better off going to the museum and getting the Apollo
because the current Moon launch system isn't working too well, well
over budget and well delayed. But the issue at hand has to do with
these missiles.
There is clarity that this can be delayed. In one of our hearings,
General Clark said it can be refurbished once again.
Other hearings have provided information that the key here is the
command and control system, which is indeed antiquated and which indeed
must be refurbished and rebuilt. We ought to spend our time on that.
This amendment does not delay the ground-based system. What it does
is it gives us the information so that we can make an informed decision
about when to engage and spend the $100 billion to $150 billion on the
new ground-based missile system.
Mr. TURNER. Mr. Chair, I reserve the balance of my time.
Mr. BLUMENAUER. Mr. Chair, did my friend from California not
completely exhaust the time allotted?
The Acting CHAIR. The gentleman from Oregon has 30 seconds remaining.
Mr. BLUMENAUER. Mr. Chair, I yield the balance of my time to the
gentleman from California (Mr. Garamendi).
Mr. GARAMENDI. Mr. Chair, if you are around here long enough, your
mind can go in 1-minute sections, and I was right on the 1 minute and
15. I will try to close very quickly on this in the next few seconds.
Mr. Chair, this amendment doesn't stop the ground-based system from
going forward. It simply gives us, the decisionmakers, the opportunity
to make a very informed decision about when we must renew this system.
There is clear evidence, clear discussion in various areas, that an
additional period of time is available before we initiate and go full
bore into the new ground-based system. Let's get information. Let's get
knowledge.
Mr. BLUMENAUER. Mr. Chair, I yield back the balance of my time.
Mr. TURNER. Mr. Chair, I yield such time as he may consume to the
gentleman from Texas (Mr. Thornberry).
Mr. THORNBERRY. Mr. Chair, it seems to me the studies that have been
conducted make it clear that it makes no cost sense to try to extend
the life of these missiles that have been in place for so long.
I think what is really at stake here is whether the three legs of the
triad upon which our defense has depended for so many decades are to be
renewed, modernized, and remain credible.
Each leg of that triad, the submarines, the air leg, and the missiles
that we are talking about now, have unique characteristics. It is the
three of them working together that has been so successful in making
sure that our country has been protected and that no nuclear weapon has
been used since the end of World War II.
It is essential to modernize the land leg base of our triad to make
sure that it stays credible, modern, and safe. That is why this
amendment should be rejected.
Mr. TURNER. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oregon (Mr. Blumenauer).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. TURNER. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Oregon will
be postponed.
Amendment No. 33 Offered by Mr. Blumenauer
The Acting CHAIR. It is now in order to consider amendment No. 33
printed in part B of House Report 116-143.
Mr. BLUMENAUER. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle B of title XXXI, add the following
new section:
SEC. 31__. INDEPENDENT STUDY ON THE W80-4 NUCLEAR WARHEAD
LIFE EXTENSION PROGRAM.
(a) Independent Study.--
(1) Requirement.--Not later than 30 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall seek to enter into an agreement with a
federally funded research and development center to conduct a
study on the W80-4 nuclear warhead life extension program.
(2) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the W80-4 nuclear warhead life extension program, not
more than $713,551,000 may be obligated or expended until the
date on which the Administrator submits the study under
paragraph (1) to the congressional defense committees
pursuant to subsection (d).
(b) Matters Included.--The study under section (a)(1) shall
include the following:
(1) An explanation of the unexpected increase in cost of
the W80-4 nuclear warhead life extension program.
(2) An analysis of--
(A) the future costs of the program; and
(B) schedule requirements.
(3) An analysis of the impacts on other programs as a
result of the additional funding for W80-4, including--
[[Page H5619]]
(A) life-extension programs;
(B) infrastructure programs; and
(C) research, development, test, and evaluation programs.
(4) An analysis of the impacts that a delay of the program
will have on other programs due to--
(A) technical or management challenges; and
(B) changes in requirements for the program.
(c) Submission to NNSA.--Not later than 180 days after the
date of the enactment of this Act, the federally funded
research and development center shall submit to the
Administrator a report containing the study conducted under
subsection (a)(1).
(d) Submission to Congress.--Not later than 210 days after
the date of the enactment of this Act, the Administrator
shall submit to the congressional defense committees the
study under subsection (a)(1), without change.
(e) Form.--The study under subsection (a) shall be in
unclassified form, but may include a classified annex.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Oregon (Mr. Blumenauer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oregon.
Mr. BLUMENAUER. Mr. Chair, I have an amendment here that would deal
with a study on the cost-effectiveness of the W80-4 Life Extension
Program.
We have been having these debates over the years before the committee
on this issue of nuclear weapons. I am deeply troubled that we really
haven't done a deep dive on the floor of the House in terms of the path
we have been on.
{time} 1530
I have settled, in the past, for trying to have some studies to
determine whether or not what we are doing going forward is actually
cost-effective.
In this case, the father of this device, former Secretary of Defense
Bill Perry, has argued that there is scant justification for spending
tens of billions of dollars on new weapons. General Mattis has stated
numerous times that he is not sold on the LRSO.
I simply want to make sure that we know what we are getting into,
what the costs are, in terms of some of the increases that are going
forward.
We need to do a better job of our oversight, our debate. These
weapons have not been used, as the gentleman said, since the end of
World War II. It is not at all clear that we needed to have the volume
of weapons we had, the number of delivery systems. In fact, there is
strong argument that we could have done a better job, or just as good a
job, of deterrence with less. And there have been a whole host of
problems in the past in terms of mismanagement, accident that we have
narrowly avoided disaster.
I think this is a small step forward, and I would respectfully
request that the study be approved.
Mr. Chairman, I reserve the balance of my time.
Mr. TURNER. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. TURNER. Mr. Chairman, we are blazing along on the timeline of
nuclear weapons and missile development where we had a missile that was
last placed in the ground in 1973 during Richard Nixon's second term,
after he was elected to a second term. We now have a 1980 Jimmy Carter-
era warhead.
The analogy of the B-52 doesn't apply to this technology. The B-52 is
a plane that has been in continuous flight. We are not talking about a
plane that has been put in a hangar since Jimmy Carter. These are items
that we don't use.
Nuclear weapons are there as a deterrent to deter our adversaries.
The only way we can deter our adversaries is to have them believe that
any aggression against us would be matched with such overwhelming force
that it would be at their great risk.
To the extent that we allow our nuclear deterrent to degrade, which
we have with Nixon-era missiles and Carter-era weapons, we lessen our
overall security. Now, this is--again, it sounds like just a study. It
is not really a study. It is a study of a study of a restudy of a
restudy. This has been studied so much, in fact, it is on a bipartisan
basis that this W-84 warhead needs to be refurbished, needs to be
redone.
Even the Obama administration had an analysis of all alternatives and
concluded that the air-launched cruise missile and its warhead could
not be sustained and had already experienced reduced survivability.
Even the Obama administration said, Don't do this. They said, Move
forward.
Now, once again, this is not about a study. This is about stopping
the ongoing efforts of a program. This is about holding moneys back so
that we don't modernize our nuclear weapons. Again, China is moving
forward; Russia is moving forward. But here we are, on the floor of
Congress, trying to stop our ability to match and meet those who might
wish to do us harm.
This amendment needs to be defeated. This is an ancient 1980s Carter-
era warhead. Even the Obama administration agrees it needs to be
replaced. We should not jeopardize its funding. Every time we do this,
every time we stop and say, Let's study this, our costs go up and our
risks go higher and our security gets lower.
Mr. Chairman, I reserve the balance of my time.
Mr. BLUMENAUER. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from Oregon has 3 minutes remaining.
Mr. BLUMENAUER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Washington (Mr. Smith), the distinguished chairman of the
committee.
Mr. SMITH of Washington. Mr. Chairman, this is a little bit smaller
than what the gentleman from Ohio implied. We are stopping the funding
of this program. Actually, what we are stopping is the additional $185
million request that NNSA and the President requested in this budget on
top of this. The missile would continue to be funded.
This is a concern we had in committee. We talked about it and we let
it go.
But they have not really told us what they are going to do with this
additional $185 million. And we have concerns, in addition to the
concerns that Mr. Blumenauer raised about the efficacy of the program,
about whether or not they are going to be able to execute this $185
million and what their exact timeline is for the program. In fact, the
Air Force recently said that they were delaying by a year or two
certain steps in the development of this missile while saying they were
also going to be able to still meet the ultimate deadline for
deployment.
But the specific $185 million that is expensed is an amount that was
asked for in addition to what had originally been planned for FY20. We
do not have an adequate explanation, in my view, and in Mr.
Blumenauer's view, from DOD as to why they want that additional $185
million, and that is the purpose of this. It is not studying the entire
missile. It is saying, why are you accelerating the program and asking
for this additional money? So I support this amendment.
Mr. TURNER. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Thornberry).
Mr. THORNBERRY. Mr. Chairman, I appreciate the gentleman yielding.
Mr. Chairman, my understanding is that, in January of this year, the
independent Office of Cost Estimating and Program Evaluation, which is
part of the Department of Energy's NNSA, provided a report and an
objective analysis of this program. Everything that they reported was
that the program remains on budget as expected for the first production
unit by fiscal year 2025.
I think what has happened is that they have a greater opportunity, a
greater need, to spend more money from 2019 to 2020 than they
originally planned. Now, that can occur for several reasons.
Number one, a program can start to move a little faster so you can
make good use of money. Unfortunately, what sometimes happens is once
you start looking into some of these very old warheads, you discover
problems that need some resources in order to deal with those problems.
Now, we can't really talk on the floor about the specific concerns
with any particular warhead today because of classification. But the
key point is, the overall funding program has remained consistent and
perfectly within the guidelines of what was planned originally.
Again, I am afraid that this amendment, like the last one, is delayed
by study. We can study things to death,
[[Page H5620]]
but we have not done what we should to renew the three legs of the
triad and the weapons which constitute our nuclear deterrence, and upon
which our security depends. We have basically reached the point where
we have no margin for error. We have to move ahead with submarines, we
have to move ahead with the new bomber, we have to move ahead with the
Minuteman III replacement, and we have to move ahead with the warhead
replacement, not only to make sure they work, but to make sure the
people around them are safe. That is the crucial point.
Mr. BLUMENAUER. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Garamendi).
Mr. GARAMENDI. Mr. Chairman, with enormous respect to my colleagues
who are opposed to this amendment, I think this amendment makes
enormous sense. It is $185 million of additional money that has been
requested in just the last couple of months to move this program
forward.
We ought to be very careful here because the NNSA is only 50 percent
sure that it is a $12 billion program. That is on the upside, not on
the downside. So we are talking about something very expensive.
It is unfortunate that we have divided this extraordinarily important
debate about the future of our nuclear systems into 5-minute segments.
This ought to be a 5-hour debate on the floor. I see my colleagues
nodding their head.
A fundamental question is being asked here about where we are going
with our nuclear enterprises. We do know this: We are in the midst of a
three-party nuclear arms race. And this one is going to be extremely
dangerous because the weapons are bigger; they are safer, to be sure,
but they are more likely to explode; and, finally, they are going to be
delivered by stealth technology.
Sad, but true, we need a 5-hour debate on this entire thing.
Mr. TURNER. Mr. Chairman, I understand that there are people who
don't like nuclear weapons. I don't like nuclear weapons either, but I
don't like nuclear weapons in the hands of other people. And, yes,
there are those who say that we are in the middle of an arms race. But
the reality is that we are sitting this one out. We are not in the arms
race.
When we are debating on the House floor about a warhead from the
Carter-era and a missile from the Nixon-era and we can't even talk
about moving forward on funding, there is no race here. We are sitting
this out. But our adversaries are racing, and I am concerned about what
they are doing. That is why this is important that this be defeated.
But another aspect of this that is incredibly important is that this
calls for an independent study. Independent: That is saying they don't
trust the study that happened before. The study that happened before
was the Obama administration. I think their answer was correct: We need
to not study this and we need to move forward.
Mr. Chairman, I yield back the balance of my time.
Mr. BLUMENAUER. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from Oregon has 45 seconds remaining.
Mr. BLUMENAUER. Mr. Chairman, let me just make three points.
First and foremost, anybody who thinks that we are standing still and
defenseless is not in the real world. We are spending billions of
dollars on nuclear weapons and delivery systems. And, in fact, we are
relying on a delivery system from the Kennedy-era with the B-52. So I
say to the gentleman, don't tell me that we cannot move these items
forward.
Second, the gentleman does not have a good fix in terms of what is
happening with the cost increases. This study is required to be able to
have the additional money. If we can do the appropriate study and it
makes sense, the money is there. But this is a step towards
accountability and it is long, long overdue, and I hope we can start
now approving this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oregon (Mr. Blumenauer).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BLUMENAUER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Oregon will
be postponed.
Amendment No. 34 Offered by Ms. Frankel
The Acting CHAIR. It is now in order to consider amendment No. 34
printed in part B of House Report 116-143.
Ms. FRANKEL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle G of title XII, add the following:
SEC. _. PROHIBITION ON USE OF FUNDS FOR SHORTER- OR
INTERMEDIATE-RANGE GROUND LAUNCHED BALLISTIC OR
CRUISE MISSILE SYSTEMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Secretary of State Mike Pompeo's February 1, 2019,
announcement of the decision of the United States to withdraw
from the INF Treaty, without proper consultation with
Congress, is a serious breach of Congress's proper
constitutional role as a co-equal branch of government;
(2) United States withdrawal from the INF Treaty will free
Russia to deploy greater quantities of the SSC-8 missile to
the detriment of United States national security and that of
our allies in Europe and the Indo-Pacific region;
(3) the North Atlantic Treaty Organization (NATO) alliance
makes critical contributions to United States national
security, and the failure to weigh the concerns of NATO
allies risks weakening the joint resolve necessary to counter
Russia's aggressive behavior;
(4) as opposed to withdrawing from the INF Treaty, the
United States should continue to advance other diplomatic,
economic, and military measures outlined in the ``Trump
Administration INF Treaty Integrated Strategy'' to resolve
the concerns related to Russia's violation of the INF Treaty
and to reach agreement on measures to ensure the INF Treaty's
future viability; and
(5) further, in lieu of withdrawing from the INF Treaty,
the United States should look at options to expand arms
control treaties to include China in an effort to limit its
short- and intermediate-range missiles.
(b) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense for fiscal year 2020 may be made
available for the research, development, testing, evaluation,
procurement, or deployment of a United States shorter- or
intermediate-range ground launched ballistic or cruise
missile system with a range between 500 and 5,500 kilometers
until the following has been submitted to the appropriate
committees of Congress:
(1) A report from the Secretary of Defense, jointly with
the Secretary of State and the Director of National
Intelligence, that includes--
(A) a detailed diplomatic proposal for negotiating an
agreement to obtain the strategic stability benefits of the
INF Treaty;
(B) an assessment of the implications, in terms of the
military threat to the United States and its allies in Europe
and the Indo-Pacific region, of Russian deployment of
intermediate-range cruise and ballistic missiles without
restriction;
(C) identification of what types of technologies and
programs the United States would need to pursue to offset the
additional Russian capabilities, and at what cost;
(D) identification of what mission requirements will be met
by INF Treaty-type systems; and
(E) details regarding ramifications of a collapse of the
INF Treaty on the ability to generate consensus among States
Parties to the NPT Treaty ahead of the 2020 NPT Review
Conference, and assesses the degree to which Russia will use
the United States unilateral withdrawal to sow discord within
the NATO alliance.
(2) A copy or copies of at least one Memorandum of
Understanding from a NATO or Indo-Pacific ally that commits
it to host deployment of any such ballistic or cruise missile
system on its own territory, and in the case of deployment on
the European continent, has the concurrence of the North
Atlantic Council.
(3) An unedited copy of an analysis of alternatives
conducted by the Chairman of the Joint Chiefs of Staff and
the Director of Cost Assessment and Program Evaluation that
considers other ballistic or cruise missile systems, to
include sea- and air-launched missiles, that could be
deployed to meet current capability gaps due to INF Treaty
restrictions, and further to include cost, schedule, and
operational considerations.
(c) Form.--The documents required by paragraphs (1), (2),
and (3) of subsection (b) shall be submitted in unclassified
form, but may contain a classified annex.
(d) Rule of Construction.--Nothing in this section may be
construed to authorize the use of funds described in
subsection (b) for the research, development, testing,
evaluation, procurement, or deployment of INF
[[Page H5621]]
Treaty-type systems in the United States or its territories.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate committees of Congress'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) INF treaty.--The term ``INF Treaty'' means the Treaty
between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of Their Intermediate-
Range and Shorter-Range Missiles, together with the
Memorandum of Understanding and Two Protocols, signed at
Washington December 8, 1987, and entered into force June 1,
1988.
(3) NPT treaty.--The term ``NPT Treaty'' means the Treaty
on the Non-Proliferation of Nuclear Weapons, signed at
Washington July 1, 1968.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from Florida (Ms. Frankel) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. FRANKEL. Mr. Chairman, I think there are a few of us here in
Congress who are old enough to remember a time when we actually did
nuclear bomb drills in school. It probably would have been a futile
action had there been a real attack.
And although nuclear warfare is still an existential threat to all of
us and our allies around the world, it has been arms control that has
let us go about our lives daily without that worry of nuclear war:
agreements like the Intermediate-Range Nuclear Forces Treaty, known as
the INF Treaty, signed in 1987 between the United States and the Soviet
Union, which led to the elimination of thousands of United States and
Russian nuclear missiles.
In recent years, it has become apparent that Russia has been
violating this treaty. And in response, in February, the Trump
administration announced its withdrawal to the consternation of our
European friends, giving both the United States and Russia freedom to
produce more nuclear weapons.
And it is the general consensus of the arms control community that we
should be working with Russia to bring them back into compliance
instead of adding to our nuclear arsenal and sidestepping NATO.
{time} 1545
Once again, this administration is alienating allies who don't want
to be targets for Russian attacks. The NATO Secretary General said,
clearly: We do not intend to deploy new land-based nuclear missiles in
Europe.
In recent testimony before Congress, General Paul Selva, the Vice
Chairman of the Joint Chiefs of Staff, stated: There are no military
requirements that we cannot currently satisfy due to our compliance
with the INF Treaty.
In other words, the world has enough nuclear weapons to destroy
civilization.
It is clear that our withdrawal from INF has been driven by extreme
elements in our administration who have made their careers out of
destroying arms control agreements.
To stop this nuclear escalation, my amendment would prohibit funding
for missile systems noncompliant with the INF Treaty unless the Defense
Department demonstrates an ally has agreed to host the INF missile and
that we have exhausted all other diplomatic options.
I urge my colleagues to support this amendment to prevent a dangerous
and costly nuclear arms race. Enough is enough.
Mr. Chairman, I reserve the balance of my time.
Mr. LAMBORN. Mr. Chairman, I rise in opposition to the amendment.
The Acting Chair. The gentleman from Colorado is recognized for 5
minutes.
Mr. LAMBORN. Mr. Chairman, I yield myself such time as I may consume.
This is a dangerous amendment. The Trump administration withdrew from
the INF Treaty because Russia had been cheating on this treaty for
years. The only country that was in compliance with the INF Treaty was
the United States, and we were handcuffing ourselves by putting
limitations on our ability to respond to threats from Russia or China
since we were the only country in the world complying with it.
China was not a signatory to the INF Treaty. This was, like was said,
signed 32 years ago. China was not the military power that it is today.
It was not a party to this treaty.
Going forward, I would love to see some kind of treaty between the
U.S. and Russia and China, but that is not in the works if this
amendment is passed. This ignores China.
China has more missiles in the Pacific region than anyone else in the
world. They have more, certainly, than the United States. So that is
another flaw with this amendment.
Russia has been cheating on this, and to say we are going to comply
with the terms of the treaty regardless of what Russia does is to
reward them for their cheating.
One other key point that makes this a dangerous amendment is because
it would prevent the testing necessary for the growth of our missile
defense program. The INF Treaty that this would put us back into--in a
backdoor kind of way--prohibits testing or deployment of missiles with
the range of 500 to 5,500 kilometers. Those are the kinds of tests that
we need to be able to do to test our missile defense systems.
The Department of Defense stated, just a couple of days ago:
Land-based missiles required to support ballistic missile
defense system flight testing also have ranges between 500
and 5,500 kilometers. Loss of target missile capability would
likely prohibit upcoming missile defense flight tests
requiring such target missiles.
And they go on to say:
This will limit the warfighter. It will limit our missile
defense capabilities.
That is a dangerous thing.
There is some dispute over whether allies like Israel would be
included in this ban of test vehicles. I will leave that for another
discussion, but it is a serious issue.
It would certainly prohibit our testing of our missile defense
systems between the range of 500 to 5,500 kilometers. That would
cripple our growth of missile defense for the future. That doesn't make
the world a safer place. It certainly doesn't make the United States a
safer place.
So, for all of those reasons, Mr. Chairman, this is a bad amendment,
and I would urge that we reject it and vote ``no.''
I reserve the balance of my time.
Ms. FRANKEL. Mr. Chair, how much time do I have remaining?
The Acting CHAIR. The gentlewoman from Florida has 2\1/2\ minutes
remaining.
Ms. FRANKEL. Mr. Chair, let me just respond by saying, according to
the Department of Defense, there is nothing in this amendment that
would impact missile defense test systems.
Mr. Chair, I yield 1 minute to the gentleman from New York (Mr.
Engel).
Mr. ENGEL. Mr. Chairman, I am pleased to support this amendment.
There has been some misinformation out there about what this
amendment would actually do, so let me just clear up a few things.
This measure is a prohibition on the United States deploying a short-
or intermediate-range ground-launched ballistic or cruise missile
system--just the United States. It has nothing to do with any other
country.
We want to prevent an arms race. We want to push back on the
President's careless and reckless approach to Russia.
The INF Treaty has been a cornerstone of arms control for 30 years.
Yes, we are clear about the threat Russia poses. Yes, Russia has
violated this treaty again and again, which threatens transatlantic
security and stability. This is no surprise, coming from Vladimir
Putin.
But we have to use every diplomatic tool at our disposal to try to
salvage the treaty. Instead, the administration followed Putin's lead
and walked away, and now Russia will feel totally unconstrained to
start another arms race.
So I know that the relationship with Putin and all kinds of things
that Putin does, we have to be very, very wary about it, and I just
think what the gentlewoman is doing is a commonsense approach to this.
The United States can go back at any time and change our policy. And
when it comes to Russia and Putin, we don't trust them. Trust and
verify.
I thank the gentlewoman for yielding.
Mr. LAMBORN. Mr. Chair, I would like to inquire how much time both
sides have remaining.
[[Page H5622]]
The Acting CHAIR. The gentleman from Colorado has 2 minutes
remaining. The gentlewoman from Florida has 1\1/4\ minutes remaining.
Mr. LAMBORN. Mr. Chair, I am going to make a brief statement and then
yield to the gentleman from Ohio.
First, let me say that this doesn't just put us back in the INF,
which would be bad enough. This puts us in a worse posture than the
INF. This amendment is more stringent on our ability to develop our
defensive capabilities than the INF would be.
Specifically, the INF has an exemption for interceptors; this does
not. So we can't do interceptor tests. We could have under INF, but we
can't under this amendment.
And, also, there is an exception for ballistic missiles without
warheads for testing our defenses. That is in INF; it is not in this
amendment. This is worse than the INF, which is bad enough.
I yield the balance of my time to the gentleman from Ohio (Mr.
Turner).
Mr. TURNER. Mr. Chairman, this is very basic. You cannot have a
treaty with yourself. You must have a treaty with someone else. If that
other person steps out of the treaty, you no longer have a treaty.
Russia stepped out of the Intermediate-Range Nuclear Forces Treaty.
The North Atlantic Council all came together and confirmed it. At the
last NATO summit, every one of our allies confirmed it. The treaty is
dead.
To have a treaty, now, where the other side has stepped out and it is
only us that is left and say, by statute, we are going to shackle
ourselves so that we are going to stay there has no reflection on
reality.
Their violating the treaties aren't minor violations of the treaty.
They have developed, tested, and deployed a weapon that violates the
treaty. That means that they are once again deploying nuclear weapons,
nuclear weapons for which we don't have a response.
Our response doesn't necessarily have to be go field one. We can
continue diplomacy. But legislation is not diplomacy. By legislation,
we are going to say that the United States shall forever, as long as
the legislation stays in, be tied to a treaty that the person on the
other side already left and deployed missiles that are pointed at our
assets, our military people, our men and women in uniform, and our
allies. This is folly.
Now, the Missile Defense Agency, by the way, issued a statement that
says this affects our cooperation with Israel and our interceptor
research with them.
The Acting CHAIR. The time of the gentleman has expired.
Ms. FRANKEL. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Garamendi).
Mr. GARAMENDI. Mr. Chair, oh, my, we definitely need 5 hours. This is
extraordinarily important. In fact, it is the United States that
terminated its role in the INF Treaty when President Trump pulled out
of the treaty. Presumably, Russia is still in, although they are
clearly violating the treaty. We lost whatever leverage there may have
been.
We are now in the midst of, what I said a moment ago, one more stage
of a nuclear arms race. All of us better take a deep breath here and
begin some serious negotiations, because this time it is
extraordinarily dangerous.
In addition to that, please understand that our allies on whose land
these missiles may be placed are not in agreement that they should be
placed there, and so there really is no plan for the deployment, let
alone exactly how these missiles would be done.
By the way, we clearly have alternative ways of delivering nuclear
weapons: short-range, long-range, intercontinental ballistic missiles,
and most every other way except no longer in a briefcase or in a
projectile, fortunately.
So it is not harmful to delay this. It is not harmful to make sure
that our allies are in sync with us as to how they may be deployed.
Ms. FRANKEL. Mr. Chair, how much time do I have remaining?
The Acting CHAIR. The gentlewoman from Florida has 15 seconds
remaining.
Ms. FRANKEL. Mr. Chairman, let me just say this.
The Department of Defense says that nothing in this amendment would
impact missile defense cooperation with Israel.
I just want to end by saying: Enough is enough. Diplomacy, not more
nuclear weapons.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Frankel).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. LAMBORN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Florida
will be postponed.
Amendment No. 35 Offered by Langevin
The Acting CHAIR. It is now in order to consider amendment No. 35
printed in part B of House Report 116-143.
Mr. LANGEVIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle B of title XXXI, add the following
new section:
SEC. 31__. FUNDING FOR LOW-ENRICHED URANIUM RESEARCH AND
DEVELOPMENT.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by this title for defense nuclear
nonproliferation, as specified in the corresponding funding
table in section 4701, for low-enriched uranium research and
development is hereby increased by $20,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by this title for atomic energy defense
activities, as specified in the corresponding funding table
in section 4701, for Federal salaries and expenses is hereby
reduced by $20,000,000.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Rhode Island (Mr. Langevin) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. LANGEVIN. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, my amendment funds ongoing efforts to assess the
viability of using low-enriched uranium fuel in naval reactors,
including those in aircraft carriers and submarines, something this
Congress has supported for many years now.
The United States has demonstrated strong leadership to minimize, and
wherever possible all but eliminate, the use of highly enriched uranium
for civilian purposes. Doing so reduces the risk of nuclear terrorism
and makes clear that the accumulation of HEU is solely for nuclear
weapons purposes, undercutting any nation's argument that they need it
for anything else.
Using low-enriched uranium, or LEU, in naval reactor fuel can bring
significant national security benefits with respect to nuclear
nonproliferation, lower security costs, and put naval reactor research
and development at the cutting edge of science. Pursuing the
development of LEU fuel offers the opportunity to achieve
transformational progress on fuel technology.
Additionally, unless an alternative using low-enriched uranium fuel
is developed in the coming decades, the United States will have to
resume production of bomb-grade uranium for the first time since 1992,
ultimately undermining U.S. nonproliferation efforts.
Using LEU for naval reactors is not a pipe dream. France's nuclear
Navy already has converted from using HEU to using LEU fuel for its
vessels. We must evaluate the feasibility of a similar transition for
the U.S. Navy and take into account the potential benefits to the U.S.
and international security of setting a norm of using LEU instead of
nuclear bomb-grade material.
{time} 1600
As America confronts the threat of nuclear terrorism and as countries
continue to enrich uranium for naval purposes, the imperative to reduce
the use of HEU will become increasingly important over the next several
decades.
As such, as I said, Congress has sought to advance these efforts in a
bipartisan, bicameral way over the last several years by evaluating the
potential of utilizing LEU fuel in reactors for U.S. Navy aircraft
carriers and submarines.
Mr. Chair, I reserve the balance of my time.
[[Page H5623]]
Mr. WITTMAN. Mr. Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Virginia is recognized for 5
minutes.
Mr. WITTMAN. Mr. Chair, I would like to point out that there have
been multiple studies done on this.
In 2014, the Department of Defense and the Department of the Navy
pointed out the negative impacts that low-enriched uranium would have
on the capability of the Navy.
In 2016, another report, and I remind the folks here in the Chamber
that this report was specific about saying the negative impacts that
low-enriched uranium will have on the capability of our United States
Navy.
In 2018, letters from both the Director of Naval Reactors, Admiral
Caldwell, and from the Secretary of the Navy, Richard Spencer, all
stated the negative impact that low-enriched uranium would have on the
capability of the Navy.
We look, too, at the dollars that are being proposed to offset this.
The $20 million reduction in the National Nuclear Security
Administration would reduce salaries in that area by 15 percent.
According to NNSA, this reduction would likely require a reduction in
force to achieve this staffing level. They will let people go if this
money is transferred to another study, a study that has been done
multiple times in the past with the same outcomes, that this would have
a harmful effect on the National Nuclear Security Administration.
They also say that the amendment would negate recently implemented
improvements in oversight and accountability and slow down the
execution of critical nuclear security and safety programs.
It would also affect weapons modernization and nuclear
nonproliferation efforts. The same thing the gentleman from Rhode
Island said that this bill is meant to address, it actually takes money
away from the efforts that NNSA is putting forward.
It also would inhibit physical security, cybersecurity, and
environmental remediation programs.
Not only has this study been done multiple times, but it would take
money away from the critical elements that are being proposed that this
study would seek to find out. Again, the conclusions have already been
reached. The impact of LEU on the Nation's naval capability has already
been identified.
Mr. Chair, I reserve the balance of my time.
Mr. LANGEVIN. Mr. Chair, let me say that we can't fear the future. We
must invest in research and development.
I want to point out that the then-chair, the Naval Reactors Director,
Admiral Richardson, testified before the House Armed Services
Committee. He said, with current technology, ``the potential exists
that we could develop an advanced fuel system that might increase
uranium loading and make low-enriched uranium possible while still
meeting some very rigorous performance requirements for naval reactors
on nuclear-powered warships.''
To address the concerns of my colleague, I want to mention that this
House has already included $20 million for this research in the Energy
and Water appropriations package that passed the House on June 19,
which also included a $15 million increase to NNSA Federal salaries and
expenses over fiscal year 2019.
These spending levels have already been set by the House. This
amendment simply matches the authorization level with the House-passed
appropriations level.
Mr. Chair, I reserve the balance of my time.
Mr. WITTMAN. Mr. Chair, I remind the gentleman from Rhode Island that
this is the National Defense Authorization Act. It is not another
appropriations bill. This is specific to the use of these dollars here
for these purposes specifically.
Mr. Chair, I yield 2 minutes to the gentlewoman from Virginia (Mrs.
Luria).
Mrs. LURIA. Mr. Chair, as a Navy veteran, I believe in focusing our
limited resources toward efforts that will make our forces more
effective, reliable, and efficient.
I oppose this amendment that would decrease the National Nuclear
Security Administration's budget by $20 million and allocate the money
to a program to develop low-enriched uranium fuel for submarines and
aircraft carriers.
Drawing on my 20-year Navy experience in the supervision and
operation of naval nuclear propulsion systems, it makes little sense to
divert these resources. Our highly enriched uranium reactor design has
successfully powered our submarine fleet, delivering a critical leg of
our nuclear deterrent and our aircraft carriers, providing our unique
sustained forward presence capability for nearly seven decades. There
is no need for this amendment.
Top Navy leadership and the Secretary of Energy clearly state that a
low-enriched uranium design for naval nuclear propulsion ``would result
in a reactor design that is inherently less capable, more expensive,
and unlikely to support current life-of-ship submarine reactors.''
Meanwhile, Admiral James Caldwell, Director of the Naval Nuclear
Propulsion Program, says that investing in LEU would negatively impact
reactor endurance, reactor size, and ship costs, and its success is
``not assured.''
I have no doubt that we could eventually develop a reactor design
using LEU, but would it continue to meet our operational and strategic
defense needs? No. It would make our platforms inherently less capable,
less operationally available, and more expensive to operate. In turn,
it would require more of these assets to accomplish the same
objectives.
If the genesis behind this amendment is to advance issues of
nonproliferation, it makes little sense to draw down the budget of the
very agency that is tasked with the security of nuclear weapons and
nuclear fuel.
I will conclude as I began. We need to commit our limited resources
where they are most efficiently used to support our operational forces
and our national defense. These dollars are best spent on the National
Nuclear Security Administration.
Mr. WITTMAN. Mr. Chair, I reserve the balance of my time.
Mr. LANGEVIN. Mr. Chair, may I inquire how much time remains on both
sides.
The Acting CHAIR. The gentleman from Rhode Island has 2 minutes
remaining. The gentleman from Virginia has 45 seconds remaining.
Mr. LANGEVIN. Mr. Chair, I urge my colleagues to support the
amendment.
Mr. Chair, I yield the balance of my time to the gentleman from
Illinois (Mr. Foster), who is the House's only nuclear physicist.
Mr. FOSTER. Mr. Chair, I thank the gentleman for yielding.
Mr. Chair, I rise today as the only Ph.D. physicist in the U.S.
Congress. During my career, I have designed and led the construction of
giant particle accelerators and other nuclear equipment, led high-risk
and successful R&D programs, and designed equipment using classified
neutron transport codes.
Because of its importance to national security and nuclear
nonproliferation, I have studied at length the question of minimizing
the use of highly enriched uranium in naval propulsion reactors. I
received numerous individual and highly technical classified briefings,
examined reactor core specifications, and visited the naval nuclear
fuel fabrication facility in Virginia.
I believe that continuing the research supported by this amendment is
worth pursuing for the reasons given by my colleague.
Several factors must be dealt with in determining the practicality of
utilizing LEU in naval propulsion reactors, including the total energy
and power deliverable by the core, the volume of the reactor, the
enrichment level of the fuel, reactivity limits, and the heat transfer
area required for a given power level.
It is complicated, but a 2016 report by the JASON scientific advisory
board concluded that using an optimized LEU design instead of the
existing HEU design could result in a significantly more compact core.
This would be a true operational advantage and one that we should not
give up by abandoning this R&D program that has been going on for
years.
I close by pointing out that I am not alone in this. This is not only
about optimizing submarine performance. As
[[Page H5624]]
pointed out by 35 Nobel Prize-winning scientists, it is crucial for
nonproliferation that we set a good example for the rest of the world
and not use weapons-grade uranium for applications where it is not
required. Countries like France and others do not use weapons-grade
uranium in their submarines and in carriers. We should set an example
and do likewise.
This R&D program will enable that possibility by continuing it for
the next decade.
Mr. Chair, I urge my colleagues to support this amendment.
Mr. Chair, I rise today as the only PhD Physicist in Congress. During
my career I have design and led the construction of giant particle
accelerators and other nuclear equipment, led high-risk and successful
R and D programs, and designed equipment using classified neutron
transport codes.
Because of its importance to National Security and Nuclear
NonProliferation, I have studied at length the question of minimizing
the use of HEU in our naval propulsion reactors.
I received numerous individual and highly technical classified
briefings, examined reactor core specifications, and visited the naval
nuclear fuel fabrication facility in Virginia.
I believe that the research supported by this amendment is worth
pursuing, for the reasons given by my colleague.
The reason is simple, that HEU is one of the most dangerous
substances known to man, because it can be used to make a simple, gun-
type design nuclear bomb with a multi-kiloton yield.
This is not true of LEU--low-enriched, non-weapons grade uranium.
This distinction is important for the enforcement of Nuclear
Nonproliferation. Since the detection of even minute amounts of HEU can
and has been used as clear evidence of a weapons program in a nation
that has allegedly committed to only peaceful uses of atomic energy
based on LEU.
Which is why the elimination of globally held stockpiles has been a
U.S. policy objective for over 40 years, and recently supported by a
letter from 35 Nobel Prize winners.
But let's talk about the physics and reactor systems engineering.
Several factors must be dealt with in determining the practicality of
utilizing LEU in naval propulsion reactors, including total energy and
power deliverable by the core, volume of the reactor, and enrichment
level of the fuel, reactivity limits, and the heat transfer area
required for a given power level.
A 2016 report by the JASON Scientific Advisory Board concluded that,
that using the existing HEU design, in order achieve the same total
deliverable energy using LEU, the core would have to be approximately
4.5 times larger.
This does not mean, however, that you would need a reactor system
with 4.5 times the volume, since most propulsion components scale with
the power of the reactor, which would be unchanged in the conversion
from HEU to LEU.
The purpose of the R and D funding in this amendment is to develop
and qualify a fuel element and reactor design the will result in a much
more compact overall design.
Although the exact improvement factor is classified and has been
redacted in the public version of the JASON report.
If the R and D program succeeds, it will verify the feasibility of
using LEU in Naval reactors with smaller or no performance compromise.
The independent JASON scientific review committee gave this R and D
program a positive outlook.
In a July 2016 report to Congress, the Office of Naval Reactors
stated that, ``The advanced LEU fuel system concept has the potential
to satisfy the energy requirements of an aircraft carrier without
affecting the number of refuelings.''
This would massively reduce U.S. consumption of Weapons Grade
Uranium.
The situation is more nuanced for submarines.
The Virginia-class replacement propulsion plant is being targeted by
this R and D program, with a decision time for transition to LEU of
about 10 years from now.
But such progress over the next two decades can only happen if we
continue aggressively pursuing the R and D now.
As the JASON report stated, ``If a decision is made soon to proceed
with ELE-LEU development, then by the time the design of the Virginia-
replacement propulsion plant is being solidified in the 2030 time
frame, NNPP will have a good idea of whether ELE-LEU will succeed. . .
. [T]hen the Navy's final HEU core might be built as early as 2040.''
If any of my colleagues would like to continue this conversation in a
classified setting, I would be more than happy to answer any questions.
I urge my colleagues to join me and vote yes on this critical
amendment.
Mr. LANGEVIN. Mr. Chair, I yield back the balance of my time.
Mr. WITTMAN. Mr. Chair, in conclusion, I want to point to the 2016
report that assessed that additional refuelings would increase Navy
fleet operating costs by several billion dollars a year.
Mr. Chair, as we are looking to rebuild the Navy, that means ships
that will not get built. That will mean less operating capability. That
will mean ships that need to be at dock for longer periods of time for
maintenance and for refueling.
A larger submarine reactor core, which is what DOD says would be
needed for LEU, requires a larger submarine, and it makes those
submarines less capable and less efficient.
It also requires massive redesigns, so it interrupts existing
submarine construction programs.
All of those things have significant impacts on the capability of the
Navy.
Take the Virginia-class submarine reactor, which operates on a 33-
year ship expectancy. That would cut that by one-third, which means it
would have to come back and be refueled again.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Rhode Island (Mr. Langevin).
The amendment was agreed to.
Amendments En Bloc No. 5 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Mr. Chair, pursuant to House Resolution 476,
I offer amendments en bloc.
The Acting CHAIR (Mr. Kildee). The Clerk will designate the
amendments en bloc.
Amendments en bloc No. 5 consisting of amendment Nos. 20, 37, 38, 40,
43, 47, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158,
159, 160, 161, 162, 163, 164, and 165, printed in part B of House
Report 116-143, offered by Mr. Smith of Washington:
amendment no. 20 offered by mr. sherman of california
At the end of subtitle D of title XII, add the following:
SEC. 12_. UNITED STATES ACTIONS RELATING TO RUSSIAN
INTERFERENCE IN ELECTIONS FOR FEDERAL OFFICE.
(a) Prohibition on Transactions Relating to New Russian
Sovereign Debt.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall issue
regulations prohibiting United States persons from engaging
in transactions with, providing financing for, or in any
other way dealing in Russian sovereign debt that is issued on
or after the date that is 180 days after such date of
enactment.
(2) Russian sovereign debt defined.--For purposes of this
subsection, the term ``Russian sovereign debt'' means--
(A) bonds issued by the Russian Central Bank, the Russian
National Wealth Fund, the Russian Federal Treasury, or agents
or affiliates of any such institution, with a maturity of
more than 14 days;
(B) new foreign exchange swap agreements with the Russian
Central Bank, the Russian National Wealth Fund, or the
Russian Federal Treasury, the duration of which agreement is
longer than 14 days; and
(C) any other financial instrument, the duration or
maturity of which is more than 14 days, that the President
determines represents the sovereign debt of Russia.
(3) Requirement to promptly publish guidance.--The
President shall concurrently publish guidance on the
implementation of the regulations issued pursuant to
paragraph (1).
(b) Determination of Russian Interference in Elections for
Federal Office.--
(1) In general.--Not later than 30 days after an election
for Federal office, the Director of National Intelligence, in
consultation with the Director of the Federal Bureau of
Investigation, the Director of the National Security Agency,
and the Director of the Central Intelligence Agency, shall--
(A) determine whether or not the Government of Russia, or
any person acting as an agent of or on behalf of that
government, knowingly engaged in interference in the
election; and
(B) submit to the appropriate congressional committees and
leadership a report on that determination, including an
identification of the government or person that interfered in
the election if the Director determines that interference did
occur.
(2) Additional reporting.--If the Director of National
Intelligence determines and reports under paragraph (1) that
neither the Government of Russia nor any person acting as an
agent of or on behalf of that government knowingly engaged in
interference in an election for Federal office, and the
Director subsequently determines that such government, or
such a person, did engage in such interference, the Director
shall submit to the appropriate congressional committees and
leadership a report on the subsequent determination not later
than 30 days after making that determination.
(3) Form of report.--Each report required by paragraph (1)
or (2) shall be submitted in
[[Page H5625]]
unclassified form but may include a classified annex.
(c) Lifting the Prohibition on Transactions Relating to New
Russian Sovereign Debt.--The President shall immediately
suspend the prohibition on transactions relating to Russian
sovereign debt required under subsection (a) if, no later
than 90 days after the date on which a report required under
subsection (b) is submitted to the appropriate congressional
committees and leadership and no later than 120 days after
the most recent election for Federal office, whichever is
sooner--
(1) the Director of National Intelligence has in its report
required under subsection (b) affirmatively determined that
neither the Government of Russia, nor any person acting as an
agent of or on behalf of that government, has knowingly
engaged in interference in the most recent election for
Federal office; and
(2) Congress has passed a joint resolution certifying the
determination of the Director of National Intelligence.
(d) Reimposing the Prohibition on Transactions Relating to
New Russian Sovereign Debt.--The President shall immediately
reimpose the prohibition on transactions relating to Russian
sovereign debt required under subsection (a) if, after 90
days following the date on which a report required under
subsection (b) is submitted to the appropriate congressional
committees and leadership or 120 days following the most
recent election for Federal office, whichever is sooner--
(1) the Director of National Intelligence, in the report
required under subsection (b), has not affirmatively
determined that neither the Government of Russia, nor any
person acting as an agent of or on behalf of that government,
has knowingly engaged in interference in the most recent
election for Federal office; or
(2) Congress has failed to pass a joint resolution
certifying the determination of the Director of National
Intelligence in its report required under subsection (b) that
neither the Government of Russia, nor any person acting as an
agent of or on behalf of that government, has knowingly
engaged in interference in the most recent Federal election.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, the Committee on Finance,
the Select Committee on Intelligence, and the Committee on
Rules and Administration of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, the
Permanent Select Committee on Intelligence, and the Committee
on House Administration of the House of Representatives.
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the appropriate congressional committees;
(B) the majority leader and minority leader of the Senate;
and
(C) the Speaker, the majority leader, and the minority
leader of the House of Representatives.
(3) Elections for federal office.--The term ``elections for
Federal office'' has the meaning given such term in the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et
seq.), except that such term does not include a special
election.
(4) Interference in elections for federal office.--The term
``interference'', with respect to an election for Federal
office:
(A) Means any of the following actions of the government of
a foreign country, or any person acting as an agent of or on
behalf of such a government, undertaken with the intent to
influence the election:
(i) Obtaining unauthorized access to election and campaign
infrastructure or related systems or data and releasing such
data or modifying such infrastructure, systems, or data.
(ii) Blocking or degrading otherwise legitimate and
authorized access to election and campaign infrastructure or
related systems or data.
(iii) Contributions or expenditures for advertising,
including on the internet.
(iv) Using social or traditional media to spread
significant amounts of false information to individuals in
the United States.
(B) Does not include communications clearly attributable to
news and media outlets which are publicly and explicitly
either controlled or in large part funded by the government
of a foreign country.
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) Person.--The term ``person'' means an individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
Amendment No. 37 Offered by Ms. Jayapal of Washington
At the end of subtitle A of title VI, add the following:
SEC. 606. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR
COMPENSATION OF RETIRED GENERAL OR FLAG
OFFICERS BY FOREIGN GOVERNMENTS FOR EMOLUMENTS
CLAUSE PURPOSES.
(a) Annual Reports.--Section 908 of title 37, United States
Code is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Reports on Approvals for Retired General and
Flag Officers.--(1) Not later than January 31each year, the
Secretaries of the military departments shall jointly submit
to the appropriate committees and Members of Congress a
report on each approval under subsection (b) for employment
or compensation described in subsection (a) for a retired
member of the armed forces in general or flag officer grade
that was issued during the preceding year. The report shall
be posted on a publicly available Internet website of the
Department of Defense no later than 30 days after it has been
submitted to Congress.
``(2) In this subsection, the appropriate committees and
Members of Congress are--
``(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate;
``(B) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
House of Representatives;
``(C) the Majority Leader and the Minority Leader of the
Senate; and
``(D) the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives.''.
(b) Scope of First Report.--The first report submitted
pursuant to subsection (c) of section 908 of title 37, United
States Code (as amended by subsection (a) of this section),
after the date of the enactment of this Act shall cover the
five-year period ending with the year before the year in
which such report is submitted.
Amendment No. 38 Offered by Mr. Aguilar of California
At the end of subtitle C of title V, add the following:
SEC. 530. STUDY REGARDING SCREENING INDIVIDUALS WHO SEEK TO
ENLIST IN THE ARMED FORCES.
(a) Study.--The Secretary of Defense shall study the
feasibility of, in background investigations and security and
suitability screenings of individuals who seek to enlist in
the Armed Forces--
(1) screening for white nationalists and individuals with
ties to white nationalist organizations; and
(2) using the following resources of the Federal Bureau of
Investigation:
(A) The Tattoo and Graffiti Identification Program.
(B) The National Gang Intelligence Center.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit an
unclassified report in writing to the congressional defense
committees containing conclusions of the Secretary regarding
the study under subsection (a).
amendment no. 40 offered by ms. porter of california
At the end of subtitle E of title V, add the following:
SEC. 550C. EFFECTIVE DATE OF RULE REGARDING PAYDAY LENDING
PROTECTIONS.
(a) In General.--Sections 1041.4 through 1041.6, 1041.10,
and 1041.12(b)(1) through (3) in the final rule published on
November 17, 2017 by the Bureau of Consumer Financial
Protection (82 F.R. 54472) related to Mandatory Underwriting
Provisions shall go into effect on August 19, 2019, with
regards to servicemembers, veterans and surviving spouses.
(b) Definitions.--In this section:
(1) The term ``servicemember'' has the meaning given that
term in section 101 of title 10, United States Code.
(2) The terms ``veteran'' and ``surviving spouse'' have the
meanings given those terms in section 101 of title 38, United
States Code.
amendment no. 43 offered by ms. ocasio-cortez of new york
At the end of subtitle B of title III, insert the
following:
SEC. 3__. FUNDING FOR DETONATION CHAMBERS IN VIEQUES, PUERTO
RICO.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4301 for environmental restoration,
Navy, line 060, as specified in the corresponding funding
table in section 4301, for the purchase, deployment, and
operation of a closed detonation chambers of the dimensions
necessary to achieve a substantial reduction in open air
burning and open air detonation that will bring the practice
of open air burning and open air detonation to the lowest
practicable level, is hereby increased by $10,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4301 for Operations and Maintenance,
[[Page H5626]]
as specified in the corresponding funding table in section
4301, line 460, Office of the Secretary of Defense for Admin
& SRVWIDE Activities is hereby reduced by $10,000,000.
amendment no. 47 offered by mrs. torres of california
At the end of title XI, add the following new section:
SEC. 11__. REVIEW OF STANDARD OCCUPATIONAL CLASSIFICATION
SYSTEM.
The Director of the Office of Management and Budget shall
not later than 30 days after the date of the enactment of
this Act, categorize public safety telecommunicators as a
protective service occupation under the Standard Occupational
Classification System.
amendment no. 147 offered by mr. fortenberry of nebraska
At the end of subtitle C of title XII, insert the
following:
SEC. 12__. SENSE OF CONGRESS ON SUPPORTING THE RETURN AND
REPATRIATION OF RELIGIOUS AND ETHNIC MINORITIES
IN IRAQ TO THEIR ANCESTRAL HOMELANDS.
(a) Findings.--Congress finds that--
(1) the Nineveh Plain and the wider region have been the
ancestral homeland of Assyrian Chaldean Syriac Christians,
Yazidis, Shabak, and other religious and ethnic minorities,
where they lived for centuries until the Islamic State of
Iraq and Syria (ISIS) overran and occupied the area in 2014;
(2) in 2016, then-Secretary of State John Kerry announced,
``In my judgment Daesh is responsible for genocide against
groups in areas under its control, including Yezidis,
Christians, and Shia Muslims. Daesh is genocidal by self-
proclamation, by ideology, and by actions--in what it says,
what it believes, and what it does. Daesh is also responsible
for crimes against humanity and ethnic cleansing directed at
these same groups and in some cases also against Sunni
Muslims, Kurds, and other minorities.'';
(3) these atrocities were undertaken with the specific
intent to bring about the eradication and displacement of
Christians, Yazidis, and other communities and the
destruction of their cultural heritage, in violation of the
United Nations Convention on the Prevention and Punishment of
the Crime of Genocide signed by the United States on December
11, 1948;
(4) in 2016, the House of Representatives passed H. Con.
Res. 75 expressing the sense of the House of Representatives
that the atrocities perpetrated by ISIS against religious and
ethnic minorities in Iraq and Syria include war crimes,
crimes against humanity, and genocide;
(5) through joint efforts of the United States and 79
allies and partners, ISIS has been territorially defeated in
Iraq and Syria;
(6) in July 2018, under the direction of Vice President
Pence, the Genocide Recovery and Persecution Response Program
partnered with the Department of State, the United States
Agency for International Development, and local faith and
community leaders to rapidly and directly deliver aid to
persecuted communities, beginning with Iraq;
(7) Christians in Iraq once numbered over 1.5 million in
2003 and have dwindled to less than 200,000 today;
(8) armed militia groups linked to Iran, operating
systematically in Sinjar and the Nineveh Plains, have
harassed and intimidated religious and ethnic minorities
thereby destabilizing northern Iraq and preventing local and
indigenous minorities to return to their homelands;
(9) Iraqi religious minorities have faced challenges in
integrating into the Iraqi Security Forces and Kurdish
Peshmerga;
(10) over 500 acres of productive agricultural lands in
eastern Ninevah Governate have been burned in cases of arson
in May 2019 alone, destroying significant wheat and barley
cultivation areas;
(11) these agricultural resources are critical to northern
Iraq's livelihood, especially that of minority populations,
and continued crop arson prevents safe and prosperous return
of minority populations as well as complicates stabilization
efforts; and
(12) facilitating the success of communities in Sinjar and
the Nineveh Plains requires a commitment from international,
Iraqi, Kurdish, and local authorities, in partnership with
local faith leaders, to promote the safety and security of
all people, especially religious and ethnic minorities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it should remain a policy priority of the United
States, working with international partners, the Government
of Iraq, the Kurdistan Regional Government, and local
populations, to support the safe return of displaced
indigenous people of the Nineveh Plain and Sinjar to their
ancestral homeland;
(2) it should be a policy priority of the Government of
Iraq, the Kurdish Regional Government, the United States, and
the international community to guarantee the restoration of
fundamental human rights, including property rights, to
genocide victims, and to see that ethnic and religious
pluralism survives in Iraq;
(3) Iraqi Security Forces and the Kurdish Peshmerga should
work to more fully integrate all communities, including
religious minority communities, to counter current and future
terrorist threats; and
(4) the United States, working with international allies
and partners, should continue to lead coordination of efforts
to provide for the safe return and future security of
religious minorities in the Nineveh Plain and Sinjar.
Amendment No. 148 Offered by Mr. Foster of Illinois
At the end of subtitle E of title XVI, add the following
new section:
SEC. 16__. MODIFICATIONS TO REQUIRED TESTING BY MISSILE
DEFENSE AGENCY OF GROUND-BASED MIDCOURSE
DEFENSE ELEMENT OF BALLISTIC MISSILE DEFENSE
SYSTEM.
Section 1689 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2631; 10
U.S.C. 2431 note) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking ``,
when possible,''; and
(B) in paragraph (3), by inserting ``, including the use of
threat-representative countermeasures'' before the period;
(2) in subsection (c), by striking paragraph (8);
(3) by striking subsection (d);
(4) by redesignating subsection (e) as subsection (d); and
(5) in subsection (d), as so redesignated, by striking the
last sentence.
Amendment No. 149 Offered by Mr. Foster of Illinois
Page 65, line 3, strike ``90 days'' and insert ``180
days''.
Page 65, line 6, before the period at the end, insert the
following: ``and receives approval for such termination from
the committees''.
Page 65, line 10, insert ``to multiple Federal agencies''
before ``known''.
Amendment No. 150 Offered by Mr. Foster of Illinois
At the end of subtitle E of title XVI, add the following
new section:
SEC. 16__. INDEPENDENT STUDY ON IMPACTS OF MISSILE DEFENSE
DEVELOPMENT AND DEPLOYMENT.
(a) Study.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with the National Academy of Sciences
to conduct a study on the impacts of the development and
deployment of long-range missile defenses of the United
States on the security of the United States as a whole.
(b) Matters Included.--The study under subsection (a)
shall--
(1) consider whether security benefits obtained by the
deployment of long-range missile defenses of the United
States are undermined or counterbalanced by adverse reactions
of potential adversaries, including both rogue states and
near-peer adversaries; and
(2) consider the effectiveness of the long-range missile
defense efforts of the United States to deter the development
of ballistic missiles, in particular by both rogue states and
near-peer adversaries.
(c) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees the study under subsection
(a), without change.
(d) Form.--The study shall be submitted under subsection
(c) in unclassified form, but may include a classified annex.
amendment no. 151 offered by ms. foxx of north carolina
At the end of subtitle F of title XII, add the following:
SEC. _. SENSE OF CONGRESS ON EUROPEAN INVESTMENTS IN NATIONAL
SECURITY.
It is the sense of Congress that--
(1) the North Atlantic Treaty Organization (NATO) is
central to United States-European defense matters; and
(2) military cooperation and coordination in Europe among
NATO member countries should complement NATO efforts and not
detract from NATO military system interoperability and burden
sharing among NATO allies.
amendment no. 152 offered by ms. frankel of florida
Page 904, after line 10, insert the following section:
SEC. 1614. INTELLIGENCE ASSESSMENT OF RELATIONSHIP BETWEEN
WOMEN AND VIOLENT EXTREMISM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Director of National Intelligence, in consultation with the
Secretary of Defense, the Secretary of State, and the head of
any element of the intelligence community the Director
determines appropriate, shall submit to the appropriate
congressional committees an intelligence assessment on the
relationship between women and violent extremism and
terrorism, including an assessment of--
(1) the historical trends and current state of women's
varied roles in all aspects of violent extremism and
terrorism, including as recruiters, sympathizers,
perpetrators, and combatants, as well as peace-builders and
preventers;
(2) how women's roles in all aspects of violent extremism
and terrorism are likely to change in the near- and medium-
term;
(3) the extent to which the unequal status of women affects
the ability of armed combatants and terrorist groups to
enlist or conscript women as combatants and perpetrators of
violence;
(4) how terrorist groups violate the rights of women and
girls, including child, early, and forced marriage,
abduction, sexual violence, and human trafficking, and the
extent
[[Page H5627]]
to which such violations contribute to the spread of conflict
and terrorist activities; and
(5) opportunities to address the security risk posed by
female extremists and leverage the roles of women in
counterterrorism efforts.
(b) Classification.--The assessment required under
subsection (a) shall be submitted in unclassified form, but
may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Select Committee on Intelligence, the Committee on
Foreign Relations, and the Committee on Armed Services, of
the Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, and the Committee on Armed
Services, of the House of Representatives.
amendment no. 153 offered by mr. gaetz of florida
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. REPORT AND STRATEGY ON TERMINATED FOREIGN
CONTRACTS.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on contracts performed in foreign
countries for which the contract was terminated for
convenience because of actions taken by the government of, or
an entity located in, the foreign country that impeded the
ability of the contractor to perform the contract. Such
report shall include, for each contract so terminated--
(1) the specific contract type;
(2) the good or service that is the subject of the
contract;
(3) the contracting entity within the Department of
Defense;
(4) the annual and total value of the contract;
(5) the foreign countries involved in implementing the
contract;
(6) an identification of the government of, or entity
located in, the foreign country that impeded the ability of
the contractor to perform the contract;
(7) the rationale, if any, for impeding the ability of the
contractor to perform the contract, and an analysis of
whether the rationale contradicted and requirements of the
Federal Acquisition Regulation;
(8) the increased costs incurred by the Department of
Defense because of the termination; and
(9) any additional information, as determined by the
Secretary.
(b) Strategy.--The Secretary of Defense, in collaboration
with the Secretary of State, shall develop a strategy and
accompanying guidelines for contractors and other Federal
Government employees involved in the performance of
Department of Defense contracts in foreign countries to
ensure such contracts are not subject to interference,
contract meddling, or favoritism by government of, or an
entity located in, the foreign country. Not later than 90
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report on the
strategy and accompanying guidelines.
Amendment No. 154 Offered by Mr. Gaetz of Florida
At the end of subtitle J of title V, add the following new
section:
SEC. 597. RECOMMENDING THAT THE PRESIDENT GRANT LIEUTENANT
COLONEL RICHARD COLE, UNITED STATES AIR FORCE
(RET.), AN HONORARY AND POSTHUMOUS PROMOTION TO
THE GRADE OF COLONEL.
(a) Findings.--Congress finds the following:
(1) Richard E. Cole (in this section referred to as
``Cole'') graduated from Steele High School in Dayton, Ohio,
and completed two years at Ohio University before enlisting
in the Army Air Corps in November, 1940.
(2) Cole completed pilot training and was commissioned as a
Second Lieutenant in July, 1941.
(3) On April 18, 1942, the United States conducted air
raids on Tokyo led by Lieutenant Colonel James ``Jimmy''
Doolittle, which later became known as ``the Doolittle
Raid''.
(4) Cole flew in the Doolittle Raid as Lieutenant Colonel
Doolittle's co-pilot in aircraft number 1.
(5) For their outstanding heroism, valor, skill, and
service to the United States, the Doolittle Raiders,
including Cole, were awarded the Congressional Gold Medal in
2014.
(b) Recommendation of Honorary Promotion for Richard E.
Cole.--Pursuant to section 1563 of title 10, United States
Code, Congress recommends that the President grant Lieutenant
Colonel Richard E. Cole, United States Air Force (retired),
an honorary and posthumous promotion to the grade of colonel.
(c) Additional Benefits Not to Accrue.--The advancement of
Richard E. Cole on the retired list of the Air Force under
subsection (b) shall not affect the retired pay or other
benefits from the United States to which Richard E. Cole
would have been entitled based upon his military service, or
affect any benefits to which any other person may become
entitled based on such military service.
Amendment No. 155 Offered by Mr. Gallagher of Wisconsin
At the end of subtitle E of title XII, add the following:
SEC. _. REPORT ON ZTE COMPLIANCE WITH SUPERSEDING SETTLEMENT
AGREEMENT AND SUPERSEDING ORDER.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to Congress a report on the compliance
of Zhongxing Telecommunications Equipment Corporation (ZTE
Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE
Kangxun) (collectively, ``ZTE'') with the Superseding
Settlement Agreement and Superseding Order reached with the
Department of Commerce on June 8, 2018.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form and publicly accessible, but
may include a classified annex.
Amendment No. 156 Offered by Mr. Gallagher of Wisconsin
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. INCREASE IN FUNDING FOR NATIONAL SECURITY
INNOVATION CAPITAL.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Defense-wide, for Defense Innovation Unit (DIU)
Prototyping is hereby increased by $75,000,000 (to be used in
support of national security innovation capital).
(b) Offset.--Not withstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Defense-wide, advanced component development and
prototypes, advanced innovative technologies, line 096 (PE
0604250D8Z) is hereby reduced by $75,000,000.
Amendment No. 157 Offered by Mr. Gallagher of Wisconsin
At the end of subtitle E of title XII, add the following:
SEC. 1262. LIMITATION ON REMOVAL OF HUAWEI TECHNOLOGIES CO.
LTD. FROM ENTITY LIST OF BUREAU OF INDUSTRY AND
SECURITY.
The Secretary of Commerce may not remove Huawei
Technologies Co. Ltd. (in this section referred to as
``Huawei'') from the entity list maintained by the Bureau of
Industry and Security and set forth in Supplement No. 4 to
part 744 of title 15, Code of Federal Regulations, until the
Secretary certifies to Congress that--
(1) neither Huawei nor any senior officers of Huawei have
engaged in actions in violation of sanctions imposed by the
United States or the United Nations in the 5-year period
preceding the certification;
(2) Huawei has not engaged in theft of United States
intellectual property in that 5-year period;
(3) Huawei does not pose an ongoing threat to United States
telecommunications systems or critical infrastructure; and
(4) Huawei does not pose a threat to critical
infrastructure of allies of the United States.
Amendment No. 158 Offered by Mr. Gallego of Arizona
At the end of subtitle B of title V, add the following new
section:
SEC. 520. REPORT ON NATIONAL GUARD AND UNITED STATES NORTHERN
COMMAND CAPACITY TO MEET HOMELAND DEFENSE AND
SECURITY INCIDENTS.
Not later than September 30, 2020, the Chief of the
National Guard Bureau shall, in consultation with the
Commander of United States Northern Command, submit to the
congressional defense committees a report setting forth the
following:
(1) A clarification of the roles and missions, structure,
capabilities, and training of the National Guard and the
United States Northern Command, and an identification of
emerging gaps and shortfalls in light of current homeland
security threats to our country.
(2) A list of the resources that each State and Territory
National Guard has at its disposal that are available to
respond to a homeland defense or security incident, with
particular focus on a multi-State electromagnetic pulse
event.
(3) The readiness and resourcing status of forces listed
pursuant to paragraph (2).
(4) The current strengths and areas of improvement in
working with State and Federal interagency partners.
(5) The current assessments that address National Guard
readiness and resourcing of regular United States Northern
Command forces postured to respond to homeland defense and
security incidents.
(6) A roadmap to 2040 that addresses readiness across the
spectrum of long-range emerging threats facing the United
States.
Amendment No. 159 Offered by Mr. Gallego of Arizona
Strike section 852 and insert the following:
SEC. 852. ASSURED SECURITY AGAINST INTRUSION ON UNITED STATES
MILITARY NETWORKS.
(a) Prohibition.--Except as provided in this section, the
Secretary of Defense shall
[[Page H5628]]
only award contracts for the procurement of
telecommunications equipment and services for national
security installations in territories of the United States
located in the Pacific Ocean to allowed contractors.
(b) Exception.--Subsection (a) shall not apply to contracts
for the procurement of telecommunications equipment and
services that--
(1) do not process or carry any information about the
operations of the Armed Forces of the United States or
otherwise concern the national security of the United States;
or
(2) cannot route or redirect user data traffic or permit
visibility into any user data or packets that such services
or facilities transmit or otherwise handle.
(c) Waiver.--The Secretary of Defense may waive the
restriction of subsection (a) upon a written determination
that such a waiver is in the national security interests of
the United States and either--
(1) a contractor that is not an allowed contractor would
not have the ability to track, record, listen, or otherwise
access data or voice communications of the Department of
Defense through the provision of the telecommunications
equipment or services; or
(2) a qualified allowed contractor is not available to
perform the contract at a fair and reasonable price.
(d) Definitions.--In this section:
(1) Allowed contractor.--The term ``allowed contractor''
means an entity (including any affiliates or subsidiaries)
that is a contractor or subcontractor (at any tier)--
(A) for which the principal place of business of such
entity is located in the United States or in a foreign
country that is not an adversary of the United States; and
(B) that does not have significant connections, including
ownership interests in, or joint ventures with, any entity
identified in paragraph (f)(3) of section 889 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1918; 41 U.S.C. 3901
note).
(2) National security installation.--The term ``national
security installation'' means any facility operated by the
Department of Defense.
Amendment No. 160 Offered by Mr. Garamendi of California
Page 891, after line 14, insert the following:
SEC. 1609. DEMONSTRATION OF BACKUP AND COMPLEMENTARY
POSITIONING, NAVIGATION, AND TIMING
CAPABILITIES OF GLOBAL POSITIONING SYSTEM.
Effective on June 1, 2019, section 1606 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1725) is amended--
(1) in subsection (c)(2), by striking ``the date that is 18
months after the date of the enactment of this Act'' and
inserting ``December 31, 2020''; and
(2) in subsection (d), by striking ``18 months after the
date of the enactment of this Act'' and inserting ``December
31, 2020''.
Amendment No. 161 Offered by Mr. Garamendi of California
At the end of subtitle A of title XXXV, insert the
following:
SEC. 35__. MILITARY TO MARINER PROGRAM.
(a) Credentialing Support.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense and the Secretary of the Department in which the
Coast Guard operates, in coordination with one another and
with the United States Committee on the Marine Transportation
System, and in consultation with the Merchant Marine
Personnel Advisory Committee, shall identify all training and
experience within each of the Armed Forces that may qualify
for merchant mariner credentialing, and submit a list of all
identified training and experience to the United States Coast
Guard National Maritime Center for a determination of whether
such training and experience counts for credentialing
purposes.
(b) Review of Applicable Service.--The United States Coast
Guard Commandant shall make a determination of whether
training and experience counts for credentialing purposes, as
described in subsection (a), not later than 6 months after
the date on which the United States Coast Guard National
Maritime Center receives a submission under subsection (a)
identifying a training or experience and requesting such a
determination.
(c) Fees and Services.--The Secretary of Defense and the
Secretary of the Department in which the Coast Guard
operates, with respect to the applicable services in their
respective departments, shall--
(1) take all necessary and appropriate actions to provide
for the waiver of fees through the National Maritime Center
license evaluation, issuance, and examination for members of
the Armed Forces on active duty, if a waiver is authorized
and appropriate, and, if a waiver is not granted, take all
necessary and appropriate actions to provide for the payment
of fees for members of the Armed Forces on active duty by the
applicable service to the fullest extent permitted by law;
(2) direct the Armed Forces to take all necessary and
appropriate actions to provide for Transportation Worker
Identification Credential cards for members of the Armed
Forces on active duty pursuing or possessing a mariner
credential, such as implementation of an equal exchange
process for active duty service members at no or minimal
cost;
(3) ensure that members of the Armed Forces who are to be
discharged or released from active duty and who request
certification or verification of sea service be provided such
certification or verification no later than one month after
discharge or release;
(4) ensure the Armed Forces have developed, or continue to
operate, as appropriate, the online resource known as
Credentialing Opportunities On-Line to support separating
members of the Armed Forces who are seeking information and
assistance on merchant mariner credentialing; and
(5) not later than one year after the date of enactment of
this section, take all necessary and appropriate actions to
review and implement service-related medical certifications
to merchant mariner credential requirements.
(d) Advancing Military to Mariner Within the Employer
Agencies.--
(1) In general.--The Secretary of Defense and the Secretary
of the Department in which the Coast Guard operates shall
have direct hiring authority to employ separated members of
the Armed Forces with valid merchant mariner licenses or sea
service experience in support of United States national
maritime needs, including the Army Corps of Engineers.
(2) Appointments of retired members of the armed forces.--
Except in the case of positions in the Senior Executive
Service, the requirements of section 3326(b) of title 5,
United States Code, shall not apply with respect to the
hiring of a separated member of the Armed Forces under
paragraph (1).
(e) Separated Member of the Armed Forces.--In this section,
the term ``separated member of the Armed Forces'' means an
individual who--
(1) is retiring or is retired as a member of the Armed
Forces;
(2) is voluntarily separating or voluntarily separated from
the Armed Forces at the end of enlistment or service
obligation; or
(3) is administratively separating or has administratively
separated from the Armed Forces with an honorable or general
discharge characterization.
Amendment No. 162 Offered by Ms. gonzalez-colon of puerto rico
Page 662, line 25, after ``commanders'' insert the
following: ``and the effects on preparedness to provide
support to States and territories in connection with natural
disasters, threats, and emergencies''.
amendment no. 163 offered by ms. gonzalez-colon of puerto rico
At the end of subtitle B of title III, insert the
following:
SEC. 3__. COMPTROLLER GENERAL REPORT ON ENVIRONMENTAL CLEANUP
OF VIEQUES AND CULEBRA, PUERTO RICO.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should explore all avenues and
alternatives to expedite the ongoing cleanup and
environmental restoration process in the former military
training sites located on the island-municipalities of
Vieques and Culebra, Puerto Rico;
(2) the Department of Defense should work with the U.S.
Environmental Protection Agency, the Fish and Wildlife
Service, and the Government of Puerto Rico to ensure the
decontamination process is conducted in a manner that causes
the least possible intrusion on the lives of island residents
and minimizes public health risks; and
(3) the Federal Government should collaborate with local
and private stakeholders to effectively address economic
challenges and opportunities in Vieques, Culebra, and the
adjacent communities of the former United States Naval
Station Roosevelt Roads.
(b) GAO Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall complete a study and submit a report to the
congressional defense committees on the status of the Federal
cleanup and decontamination process in the island-
municipalities of Vieques and Culebra, Puerto Rico. The study
shall include a comprehensive analysis of the following:
(1) The pace of ongoing cleanup and environmental
restoration efforts in the former military training sites in
Vieques and Culebra.
(2) Potential challenges and alternatives to accelerate the
completion of such efforts, including their associated costs
and any impact they might have on the public health and
safety of island residents.
amendment no. 164 offered by ms. gonzalez-colon of puerto rico
At the end of subtitle B of title X, insert the following:
SEC. 10__. SENSE OF CONGRESS REGARDING DEPARTMENT OF DEFENSE
COUNTERDRUG ACTIVITIES IN THE TRANSIT ZONE AND
CARIBBEAN BASIN.
It is the sense of Congress that--
(1) combating transnational criminal organizations and
illicit narcotics trafficking across the transit zone and the
Caribbean basin, particularly in and around Puerto Rico and
the United States Virgin Islands, is critical to the national
security of the United States;
(2) the Department of Defense should work with the
Department of Homeland Security, the Department of State, and
other relevant Federal, State, local, and international
partners to improve surveillance capabilities and maximize
the effectiveness of counterdrug operations in the region;
and
[[Page H5629]]
(3) the Secretary of Defense should, to the greatest extent
possible, ensure United States Northern Command and United
States Southern Command have the necessary assets to support
and increase counter-drug activities within their respective
areas of operations in the transit zone and the Caribbean
basin.
amendment no. 165 offered by mr. gosar of arizona
Page 408, line 7, strike ``and''.
Page 408, line 10, strike the period at the end and insert
``; and''.
Page 408, after line 10, insert the following new
subparagraph:
(C) ensure that the United States will eliminate dependency
on rare earth materials from China by fiscal year 2025.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Washington (Mr. Smith) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Mr. Chair, I yield 2 minutes to the
gentleman from California (Mr. Sherman).
Mr. SHERMAN. Mr. Chair, I thank the chairman for including my
amendment in the en bloc. This amendment is cosponsored by Chairwoman
Waters.
Russia interfered in our election. To date, our sanctions have been
illusory. A few individuals have been told they can't get visas to
visit the United States. They will never see Disneyland.
This amendment provides real, serious sanctions on the Russian state
by saying that no U.S. person can make additional purchases of Russian
sovereign debt.
It provides a mechanism for removing these sanctions. If the
administration concludes that Russia goes just one election cycle
without interfering in our election, and if Congress agrees with that
conclusion, then these sanctions are lifted.
Finally, the amendment narrowly defines interference in our
elections. It makes it plain that if Russian television wants to
editorialize or Putin wants to put out a press release, that is fine.
Rather, it is interference in our election where Russia interferes with
voter tabulation or voter registration processes, where Russia steals
information for the purpose of influencing our election, or where
Russian hackers use false flag communications pretending to be American
spokesmen when they are not.
We need a serious mechanism to punish Russia for what they did in
prior elections and to deter them from interfering in our future
elections. This amendment does that, and I am pleased to include it in
the en bloc.
Mr. THORNBERRY. Mr. Chair, I yield 1 minute to the distinguished
gentlewoman from North Carolina (Ms. Foxx).
Ms. FOXX of North Carolina. Mr. Chair, I thank the gentleman from
Texas for yielding me time and including my amendment in the en bloc.
Mr. Chair, I rise in support of the en bloc package. I thank Chairman
Smith and Ranking Member Thornberry for their assistance on my
amendment and thank the Rules Committee for recognizing the importance
of this issue.
My amendment sends a clear signal to the European Union on the
importance of the primacy of NATO over our shared defense interests.
As some European capitals push for the formation of a European Union
army, my amendment expresses the importance of NATO centrality over our
defense policy architecture and the necessity of military system
interoperability and burden-sharing efforts among NATO allies.
We all know that increases in European military capability must be
made by our European allies to comply with their NATO obligations.
Investments underway in the form of the PESCO pact and the European
Defense Fund can risk system interoperability and present divergent
spending priorities within our alliance. EU defense investments should
take place under the NATO umbrella to ensure accountability and the
guarantee of U.S. influence.
Mr. Chair, I thank my colleagues again for their support of this
amendment.
{time} 1615
Mr. SMITH of Washington. Mr. Chairman, I yield 1\1/2\ minutes to the
gentlewoman from Washington (Ms. Jayapal), my fellow Washingtonian.
Ms. JAYAPAL. Mr. Chair, I thank the chairman for his leadership on
this package.
My amendment in this package would help curb the corrupt influence of
foreign money in our politics.
The Emoluments Clause of the Constitution already requires retired
military officers who want to work for a foreign government to first
receive permission from their service in the State Department and to
disclose the nature of their work. My amendment would make the approved
activities available to Congress and to the public.
We still have a long way to go to constrain foreign influence
peddling and corruption in Washington. We saw this with General Flynn,
who concealed his work lobbying for the Turkish Government in a dispute
with the United States in the 2016 Presidential election.
We trust our retired military officials to speak in the best interest
of the United States, and when they are being paid to further another
country's agenda, we deserve to know.
Mr. Chair, I urge my colleagues to support this amendment package.
Mr. THORNBERRY. Mr. Chairman, I yield 3 minutes to the distinguished
gentlewoman from Puerto Rico (Miss Gonzalez-Colon).
Miss GONZALEZ-COLON of Puerto Rico. Mr. Chairman, I thank Ranking
Member Thornberry and Chairman Smith for including my three amendments,
amendments No. 162, 163, and 164, in this en bloc package.
Amendment 162 requires the Department of Defense to review the
effects on preparedness and support to States and territories in
connection with natural disasters, threats, and emergencies prior to
inactivating Army watercraft units.
There are four of these vessels in Puerto Rico. They were
instrumental during the recovery process after Hurricane Maria and
conducted several recovery missions, including delivering food and
other essentials to island municipalities and the Virgin Islands.
This role should be taken into account as part of the review process
prior to divesting any of the Army's watercraft systems, especially
considering the multiple jurisdictions that have been recently impacted
by natural disasters.
Amendment No. 163 seeks to help us speed up the Federal cleanup and
decontamination process in the former military ranges on the island
municipalities of Vieques and Culebra. Specifically, my amendment
directs the General Accounting Office to complete a study and a report
to the congressional defense committees on the status of the process,
including an analysis of the pace of ongoing environmental restoration
efforts and potential challenges and alternatives to accelerate their
completion. This comprehensive study will allow us to explore the most
effective and secure methods to complete the cleanup process in Vieques
and Culebra, which is vital to improve the quality of life of island
residents.
The last amendment, amendment No. 164, highlights the importance of
the Department of Defense counter-drug operations in the transit zone
and Caribbean basin. It expresses the sense of Congress that combating
transnational organizations in the region, particularly in and around
Puerto Rico and the U.S. Virgin Islands, is critical to national
security of the United States, and that the Department of Defense shall
work with the Department of Homeland Security and the Department of
State and other relevant partners to improve surveillance capabilities
and maximize the effectiveness of counter-drug operations in the
region.
That is the reason I strongly urge my colleagues to support this
effort, and I thank you for including these three amendments in the en
bloc package.
Mr. Chairman, I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I yield 1\1/2\ minutes to the
gentlewoman from California (Mrs. Torres).
Mrs. TORRES of California. Mr. Chair, for 17\1/2\ years, I worked as
a 911 dispatcher.
My average day consisted of handling incidents, such as coordinating
police vehicle and foot pursuits, talking to suicide callers,
negotiating with barricaded suspects, and talking to their victims.
One call that has stayed with me and threw me into a political world
that I never wanted to be a part of, I answered a call from a little
girl who was
[[Page H5630]]
murdered at the hands of her uncle. I was her only witness. I heard her
scream. I heard her head being bashed against the wall. I heard the
five shots that ultimately took her life. Her last words: ``Uncle,
please don't kill me. It's not my fault.''
This work requires a lot of training and tough attitude to deal with
critical emergencies. Unfortunately, the Federal Government currently
classifies 911 dispatchers as clerical workers--secretaries. My
amendment would finally recognize the critical work they do by
reclassifying them as protective service occupations.
This provision costs nothing, zero, but it would bring 911
professionals, civilian workers--primarily single moms--the dignity
that they deserve.
Mr. Chairman, I urge its passage.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Pennsylvania (Mr. Fitzpatrick).
Mr. FITZPATRICK. Mr. Chair, I stand today in strong support of this
bipartisan amendment which includes language from the 911 SAVES Act,
H.R. 1629.
Public safety telecommunicators play a pivotal role in coordinating
effective responses to crises affecting our communities. By directing
the urgent concerns of the public to law enforcement officials, public
safety telecommunicators work to ensure emergency services are
delivered where needed.
Today, there are nearly 100,000 public safety telecommunicators
serving in over 6,000 call centers across the United States. Their
diligence, dedication to public well-being, and steady demeanor in the
presence of turmoil is needed now more than ever.
I am proud to partner with my colleague from California, a former 911
dispatcher herself, Mrs. Torres, to ensure these dedicated public
servants receive the ``protective service occupations'' classification
from OMB which they deserve. We owe this to those who are often the
first to respond to emergencies in our communities each and every day.
Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
gentlewoman from Florida (Ms. Shalala).
Ms. SHALALA. Mr. Chair, I rise in strong support of the Torres
amendment, No. 658, which recognizes the lifesaving work performed by
our Nation's 911 call takers and dispatchers.
Mr. Chairman, all of the emergency activities in my own district--the
police, the fire, the emergency responders--strongly support this
amendment, and so I want to stand with my colleagues on both sides of
the aisle simply stating these professionals save lives. And more than
giving 911 call takers and dispatchers the recognition they deserve, it
would make the standard occupational classification system more
accurate and, therefore, more useful as a statistical resource.
I urge a ``yes'' vote, and I thank the gentleman for yielding me the
time.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Virginia (Mr. Wittman).
Mr. WITTMAN. Mr. Chairman, I would like to refer to my amendment, No.
403, involving the Cable Ship Program.
I know that there have been some issues pointed out concerning
coastal commerce, and I look forward to working through those issues as
the bill gets to conference.
Mr. Chair, I yield the balance of my time to the gentleman from
Connecticut (Mr. Courtney).
Mr. COURTNEY. Mr. Chair, again, I just want to join my colleague from
Virginia (Mr. Wittman), and I look forward to working with him in the
conference committee to make sure that that question is resolved.
Both of us understand the issue and, again, I look forward to a
satisfactory result, which would make the real gist of the amendment
move forward, which is to make sure we have cable ship capacity to
protect our Nation.
Mr. SMITH of Washington. Mr. Chair, I don't have any more speakers,
so I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Nebraska (Mr. Fortenberry).
Mr. FORTENBERRY. Mr. Chair, I want to thank Congressman Thornberry
for the time as well as his leadership, as well as the chair of the
Armed Services Committee, because this is very important.
Recently, I was looking at the photos of the young men and women who
hang on the wall of my office. They died in Iraq--some of them I knew;
some of the families I knew, some I didn't know; some I still stay in
touch with.
At this point, we have lost so much, we have given so much, it is
hard to understand why further engagement is necessary. And yet, of the
many injustices that remain, one, particularly, stands out.
The dark twisted idealogy of ISIS decimated the religious minority
communities, primarily of northern Iraq, almost 4 million persons. ISIS
attempted to exterminate, to kill off Yazidis, Christians, and other
minority populations.
Now, since then, the Iraqi Army, with our support and with the
support of an international coalition, has fought hard and fought ISIS
off. They are gone but not yet exterminated.
We have shifted substantial economic aid, but there is one more thing
we should do: provide security in northern Iraq through the integration
of the religious minorities into the Iraqi Government security forces,
as well as the Kurdish forces.
I thank both the chair and the ranking member for their support.
Mr. SMITH of Washington. Mr. Chair, I have no further speakers, so I
reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I have no further speakers, and I yield
back the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I urge support of the en bloc
package, and I yield back the balance of my time.
Mr. SCOTT of Virginia. Mr. Chair, I rise today in opposition to
Amendment No. 47, which directs the Office of Management and Budget
(OMB) to reclassify public safety telecommunications officers, also
called 911 dispatchers, as a protective service occupation in the U.S.
Government's Standard Occupational Classification (SOC) system. This
Amendment would have no direct effect on these workers' wages,
benefits, or other resources; proponents of this reclassification have
stated that ``the benefit of reclassification is recognition and
respect.''
The SOC classification system is a federal statistical standard used
across agencies in data collection. According to OMB, ``[t]he SOC is
designed exclusively for statistical purposes.'' Changes to the codes
affect multiple data sources frequently used by policymakers,
researchers, and employers, including the American Community Survey,
the nation's largest household survey; the Current Population Survey
(CPS), the key source of our monthly employment numbers; and the
Occupational Employment Statistics (OES), the authoritative source of
employment and wage information by occupation.
A standing committee at OMB, the SOC Policy Committee (SOCPC), is
responsible maintaining the accuracy of these codes using well-defined
principles. The SOCPC undertakes a routine revision of the codes
roughly once per decade; the process spans multiple years and
``involves extensive background research, periods of public comment,
review of comments, and implementation of revisions.'' During its
latest revision, which began in early 2012 and was finalized in 2018,
OMB specifically rejected comments requesting it reclassify 911
dispatchers as directed in Amendment No. 47. In its response to public
comments presented in the May 2014 Federal Register, the Obama
Administration's OMB explained it ``did not accept these
recommendations based on Classification Principle 2, which states that
workers are coded according to the work performed. The work performed
is that of a dispatcher, not a first responder.'' In 2016, the previous
administration's OMB declined a similar request for reclassification.
Based on the principles OMB's policy committee applies to determine SOC
codes, 911 telephone dispatchers are already properly and accurately
classified.
Furthermore, the Bureau of Labor Statistics (BLS), in a written
communication with the Education and Labor Committee on April 26, 2019,
reported that the change made by H.R. 1629, a bill identical to
Amendment No. 47, would ``impact computer systems, training,
documentation, and other processes'' and that ``[s]uch unplanned
changes require time and resources to implement and could adversely
affect other survey activities.'' Moreover, changes outside of the
routine revision process would undermine the goal of data continuity,
limiting data sources' usefulness for their key purpose of statistical
analysis; create precedent for disrupting the standard SOC revision
process; and undermine the SOCPC's authority as experts to apply the
classification principles to determine what accuracy requires.
[[Page H5631]]
Public safety telecommunications officers perform critical,
challenging work. They deserve our honor and gratitude for their
efforts. However, considering the many alternative ways policymakers
could confer ``recognition and respect,'' as the proponents are
seeking, there is little policy justification for this Amendment's
approach to achieving that goal. In conclusion, mandating a change to a
statistical code would not affect these workers' wages, benefits, or
other resources--but it would disrupt data series continuity; require
significant additional work for government agencies, researchers,
employers, and others; and intervene in an official, routine government
data-collection and statistical process.
Communications of April 26, 2019 From the Bureau of Labor Statistics to
the Committee on Education and Labor Regarding H.R. 1629 (Same as
Amendment No. 47)
Questions related to H.R. 1629
1. How will H.R. 1629 impact the current population survey
and occupational employment statistics?
2. H.R. 1629 would require the Office of Management and
Budget (OMB) to implement a change in the Standard
Occupational Classification (SOC) system regarding public
safety telecommunicators. This requirement would alter the
existing process for periodically reviewing and updating the
SOC, which involves extensive background research, periods of
public comment, review of comments, and implementation of
revisions.
Federal statistical agencies, including the Bureau of Labor
Statistics (BLS) are currently in various stages of
implementing the 2018 revisions to the SOC (https://
www.bls.gov/soc/socimp.htm), which the Office of Management
and Budget released in a November 28, 2017 Federal Register
notice (https://www.bls.gov/soc/2018/soc2018final.pdf). In
particular, the Current Population Survey (CPS) and the
Occupational Employment Statistics (OES) program are actively
using the 2018 SOC and any changes to the SOC structure would
impact computer systems, training, and documentation as well
as the systems of federal and other data users downstream,
such as the BLS Employment Projections (EP) program and the
Employment and Training Administration's Occupational
Information Network (O*NET).
The CPS is a monthly survey with a sample of 60,000
households. CPS occupational and industry data are coded
according to the most detailed level of the relevant
classification system possible, accounting for factors such
as disclosure concerns for small occupations and the ability
to code occupations based on the detail provided by household
respondents. This CPS occupational coding system closely
aligns with the SOC, but provides data on about 530
occupations, compared with 820 in the full SOC. The Census
Bureau is responsible for applying occupational codes. An
overview of how they are implementing the 2018 SOC is
outlined here https://www.census.gov/content/dam/Census/
library/working-papers/2019/demo/sehsdwp2019-19.pdf.
Therefore, there is no guarantee that even if this change
were to occur, the Census Bureau would code at that level of
detail.
The OES program could make the needed changes. The data
would show changes in the employment and wages for major
groups affected by the change in classification.
2. Will this bill have an impact on wage class service
contracts?
BLS is not involved in wage setting for service contracts.
To the extent that any published BLS data are used in such
wage setting, any changes to those data could impact wages.
3. Will implementing H.R. 1629 be difficult for the BLS to
do?
BLS uses the SOC in several surveys. Any changes to the SOC
structure would impact computer systems, training,
documentation, and other processes. Such unplanned changes
require time and resources to implement and could adversely
affect other survey activities.
4. Are there plans for a revision of occupational
classifications?
The SOC is revised periodically, with the interagency SOC
Policy Committee making recommendations to OMB for changes.
OMB has not officially stated when the next SOC revision will
occur, although some indications are that the next SOC will
be for the year 2028. If they follow past practices, OMB is
likely to publish an initial Federal Register notice
soliciting public comment around 2024. Detailed information
on the revision process for 2018 is made available here,
including a document called ``Revising the Standard
Occupational Classification'' which provided detailed history
on the revision process and guidance on submission of
suggestions for changes for the 2018 SOC revision.
5. What other consequences are there if H.R. 1629 is
implemented?
Implementation of H.R. 1629 would alter the existing
process for periodically reviewing and updating the SOC,
which involves extensive background research, periods of
public comment, review of comments, and implementation of
revisions.
The revision process includes solicitations of public
comment in the form of Federal Register notices. During the
lengthy and comprehensive SOC revision process, the SOC
Policy Committee establishes interagency workgroups charged
with reviewing comments received in response to Federal
Register notices and providing recommendations to the SOC
Policy Committee. Guided by the SOC classification principles
and coding guidelines, the SOC Policy Committee reviews the
recommendations from the workgroups and reaches decisions by
consensus. This work process is established to ensure that
the review is conducted in alignment with the 2018 SOC
classification principles and coding guidelines, which are
available starting on page 10 of the 2018 SOC User Guide
(https://www.bls.gov/soc/2018/soc_2018_user_guide.pdf).
In response to the May 22, 2014, Federal Register notice,
the SOC Policy Committee received and reviewed six comments
regarding 9-1-1 dispatchers. These dockets were reviewed
simultaneously by the SOC Policy Committee and grouped under
docket 1-0199 Dispatchers, Public Safety Telecommunicators.
The full SOC Policy Committee response to docket 1-0199 is
available at: https://www.bls.gov/soc/2018/
soc_responses_May_2014.htm.
In response to the July 22, 2016, Federal Register notice,
the SOC Policy Committee received and reviewed over 4,000
comments regarding 9-1-1 dispatchers. The full list of
comments is available here. For comments related only to 9-1-
1 dispatchers, filter the subject column for ``Police, Fire,
and Ambulance Dispatchers.'' The Office of Management and
Budget (OMB) makes public comments available from https://
www.regulations.gov/document?D=OMB-2016-0006-0001.
During the revision process for 2018, a guiding
classification principle was added to emphasize the
importance of maintaining time series continuity, to the
maximum extent possible. Modifications to the structure in
intervening years may be inconsistent with this principle.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Washington (Mr. Smith).
The en bloc amendments were agreed to.
Amendment No. 39 Offered by Mr. Takano
The Acting CHAIR. It is now in order to consider amendment No. 39
printed in part B of House Report 116-143.
Mr. TAKANO. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 733, insert after line 15 the following:
SEC. 1092. PAROLE IN PLACE FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Any alien who is a member of the Armed
Forces and each spouse, widow, widower, parent, son, or
daughter of that alien shall be eligible for parole in place
under section 212(d)(5) of the Immigration and Nationality
Act.
(b) Sense of Congress.--It is the sense of Congress that--
(1) parole in place reinforces family unity;
(2) disruption to servicemembers must be minimized, in
order to faithfully execute their objectives;
(3) separation of military families must be prevented;
(4) military readiness must be the supreme objective;
(5) servicemembers are given peace of mind, relived of the
stressful burden worrying about their loved ones; and
(6) Congress reaffirms parole in place authority for the
Secretary of Homeland Security.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from California (Mr. Takano) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. TAKANO. Mr. Chair, I rise today in support of my amendment that
would preserve parole in place for the loved ones of our Active-Duty
servicemembers.
Parole in place allows military family members who have come to the
United States illegally and are unable to adjust their immigration
status to temporarily remain in the country.
My amendment would preserve the parole in place program and reaffirm
the DHS Secretary's authority to keep families together and to minimize
disruption to our servicemembers through this vital program.
Now, under parole in place, a servicemember and their prospective
spouse, widow, widower, parent, son, or daughter is eligible for
temporary protection under the Immigration and Nationality Act. This
program is imperative to ensuring our troops are free of the burden
that their loved ones will be subjected to deportation while they
dutifully serve our Nation.
The current administration is interested in scaling back the program,
further waging a war against immigrants. Ending parole in place would
be detrimental to the troops and the fabric of our Nation.
Regardless of military branch, all servicemembers should be granted
[[Page H5632]]
peace of mind that their families are safe at home while they risk
their lives abroad.
Deployments are tough enough on our military families to endure,
conflated with the looming shadow of deportation, the emotional toll is
simply unbearable. Our troops must be consistently prepared and focused
on protecting our freedoms. The least we can do is to protect their
families.
I urge my colleagues to support this amendment, and I reserve the
balance of my time.
Mr. KELLY of Mississippi. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. KELLY of Mississippi. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, this is an attempt to codify a 2013 USCIS memo
establishing parole in place for unlawful aliens, spouses, children,
and parents of Active-Duty forces.
While I support the underlying rationale behind this amendment and
also that policy, I cannot support this because it is too vague, broad,
and ambiguous, and it does not accomplish the purpose for which it is
intended. The purpose is to protect those servicemembers.
Mr. Chairman, I will tell you what this does is we don't even ask the
servicemember if they want that person here. So if the person is a
victim of domestic violence, escaping a spouse who is following them,
there is no provision to even ask the spouse: Do you want this person
to be living close to you that you are trying to escape?
It does not take into account any underlying crimes that that person
may or may not have committed. Whether it is domestic violence, sexual
battery, it puts the other servicemembers at risk when we don't.
Mr. Chairman, specifically, the memo provided that these relatives or
anyone who has ever served in the U.S. Armed Forces for any period of
time, with or without regard to whether the discharge was honorable or
dishonorable, is eligible to receive parole on a categorical basis.
Mr. Chairman, we can't honor folks who have been dishonorably
discharged. We are not honoring the rest of our soldiers when we honor
just anyone.
{time} 1630
In a 2013 meeting with the Obama administration, USCIS admitted that
the servicemember is never contacted to determine whether he or she
wants the unlawful aliens to receive parole in place.
It admitted there is no process in place to verify that the
servicemember actually served in the Armed Forces.
The USCIS admitted that parole in place could be granted even if the
servicemember was dishonorably discharged.
It admitted that the servicemember could have felony convictions and
his or her immediate relatives would still be eligible for parole in
place.
These felony convictions could be for domestic violence, sexual
assault, all the things that we have come to despise and are trying to
stamp out in our Armed Forces.
USCIS admitted that, even in cases of divorce, a servicemember's ex-
spouse could be eligible for parole in place, and it admitted that
unlawful alien relatives could still receive parole in place despite a
past criminal record.
This amendment does not fix any of those issues and could allow a
relative, even if estranged from a servicemember, to be granted parole.
Mr. Chair, I ask my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mr. TAKANO. Mr. Chair, I wish to respond to a couple of points that
my colleague has tried to make.
I want to stress that eligibility for this program does not mean
finality. The Secretary of Homeland Security still retains final
authority over whether parole in place will be granted.
This is a program that is administered on a case-by-case basis and
not categorically. This program has been in place for 9 years.
I appreciate that my colleague has said that he agrees with the
underlying policy. The underlying policy is that we want to give peace
of mind to the men and women of our military who are laying their lives
on the line for our country while their undocumented relatives at home
may be under threat of deportation.
We want to give them the peace of mind that their families could
stay, with the final decision, on a case-by-case basis, being made by
the Secretary of Homeland Security. Nothing is categorically mandated
in my amendment.
Mr. Chair, I reserve the balance of my time.
Mr. KELLY of Mississippi. Mr. Chairman, I continue to oppose. Like I
said, it is overly vague and broad. With the right words added to this,
this could be something that works and that is helpful. But, in its
current form, I can't support it.
Mr. Chair, I continue to ask my colleagues to oppose this amendment,
and I reserve the balance of my time.
I have no further speakers, so when the gentleman is ready to close,
I am ready to close.
Mr. TAKANO. Mr. Chair, I have no further speakers, and I am prepared
to close as well.
Mr. KELLY of Mississippi. Mr. Chairman, I thank Mr. Takano, my friend
from California, for entering this amendment.
Mr. Chair, I do continue to oppose this amendment. But with that I
just ask that he look at making it a little more finite and making it a
little less vague, and with that I could support this amendment.
I yield back the balance of my time.
Mr. TAKANO. Mr. Chairman, let me just say that I believe that I have
answered the main concerns of the gentleman from Mississippi.
As I said, nothing in this amendment categorically says that
eligibility means finality in terms of who is finally adjudicated to
actually remain on a temporary basis, under temporary protected status.
What this amendment does is what the gentleman has agreed to is the
underlying policy, which is a humane policy, which is a policy that
furthers the national interests of our country in assuring the peace of
mind of our military servicemembers who have family members in our
country who are undocumented.
I don't think any American would begrudge someone who is putting
their life on the line having the peace of mind that their family
members are in this country under temporary protected status and that
they are judged to have that status by the Secretary of Homeland
Security on a case-by-case basis and that the Secretary remains in full
control of the final decision.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Takano).
The amendment was agreed to.
Amendment No. 44 Offered by Mr. Ted Lieu of California
The Acting CHAIR. It is now in order to consider amendment No. 44
printed in part B of House Report 116-143.
Mr. TED LIEU of California. Mr. Chair, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle E of title X, insert the following:
SEC. 10__. LIMITATION ON USE OF FUNDS FOR REIMBURSEMENT OF
EXPENSES AT CERTAIN PROPERTIES.
(a) Limitation.--None of the funds made available for the
Department of Defense may be obligated or expended to the
following properties or to an entity with an ownership
interest in such property:
(1) Trump Vineyard Estates.
(2) Trump International Hotel & Tower, Chicago.
(3) Mar-A-Lago Club.
(4) Trump Grande Sunny Isles.
(5) Trump Hollywood.
(6) Trump Towers Sunny Isles.
(7) Trump Plaza New Jersey.
(8) Trump International Hotel, Las Vegas.
(9) The Estates at Trump National.
(10) 610 Park Avenue, New York City.
(11) Trump International Hotel & Tower, New York.
(12) Trump Palace.
(13) Trump Parc.
(14) Trump Parc East.
(15) Trump Park Avenue.
(16) Trump Park Residences, Yorktown.
(17) Trump Place.
(18) Trump Plaza, New Rochelle.
(19) Trump Soho, New York City.
(20) Trump Tower at City Center, Westchester.
[[Page H5633]]
(21) Trump Tower, New York City.
(22) Trump World Tower.
(23) Trump Parc, Stamford.
(24) Trump International Hotel and Tower, Waikiki Beach
Walk.
(25) Trump Towers, Istanbul Sisli.
(26) Trump Ocean Club.
(27) Trump International & Tower Hotel, Toronto.
(28) Trump Tower at City Century City, Makati, Philippines.
(29) Trump Tower, Mumbai.
(30) Trump Towers, Pune.
(31) Trump Tower, Punta Del Este, Uruguay.
(32) Trump International Hotel & Tower, Vancouver.
(33) 40 Wall Street, New York City.
(34) 1290 Avenue of the Americas, New, York City.
(35) Trump International Hotel, Washington
(36) 555 California Street, San Francisco.
(37) Trump Tower, Rio de Janeiro.
(38) Trump International Golf Links & Hotel, Doonbeg,
Ireland.
(39) Trump National Doral, Miami.
(40) Trump Ocean Club, Panama City, Panama.
(41) Albemarle Estate at Trump Winery, Charlottesville,
Virginia.
(42) Trump International Golf Links, Scotland.
(43) Trump National Golf Club, Bedminster.
(44) Trump National Golf Club, Charlotte.
(45) Trump National Golf Club, Colts Neck.
(46) Trump International Golf Links, Ireland.
(47) Trump Golf Links at Ferry Point, New York.
(48) Trump National Golf Club, Hudson Valley.
(49) Trump National Golf Club, Jupiter.
(50) Trump National Golf Club, Los Angeles.
(51) Trump International Golf Club, West Palm Beach.
(52) Trump National Golf Club, Philadelphia.
(53) Trump International Golf Club, Dubai.
(54) Trump World Golf Club, Dubai.
(55) Trump Turnberry, Scotland.
(56) Trump National Golf Club, Potomac Falls, Virginia.
(57) Trump National Golf Club, Westchester.
(b) Waiver.--The President may issue a waiver to the
limitation under subsection (a) for costs incurred with
respect to the properties listed above if the president
reimburses the Department of the Treasury for the amount of
the cost associated with the expense.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from California (Mr. Ted Lieu) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. TED LIEU of California. Mr. Chair, the President ran for office
on a promise of draining the swamp. He, in fact, personally has done
exactly the opposite.
My amendment is very simple. It simply prevents the President from
profiting off of his own trips to his own properties.
As you can imagine, when the President travels, he brings a large
staff with him--for security, for press, for logistics, for other
reasons--and then the American taxpayer ends up paying for the meals
and lodging expenses of everyone associated with that trip.
Up to this date, President Trump has spent 270 days at properties
that he owns. Every time he does that, he or his family profits. That
includes 99 days at Mar-a-Lago, 21 days at Trump International Hotel in
D.C., 74 at Trump National Hotel Bedminster, and 59 days at Trump
National Hotel Potomac.
The General Accounting Office reports that the President spends an
average of 3.4 million in taxpayer dollars every time he travels just
to Mar-a-Lago.
Not content to profit from the American taxpayer, the President has
also, in fact, raised prices at his properties, at Mar-a-Lago and at
Trump International Hotel in D.C. So, now, taxpayers are paying even
more for lodging expenses associated with his staff.
My amendment limits the use of Department of Defense funds at Trump-
owned properties, and it also includes a waiver where the President can
still stay at these properties; he just has to reimburse the Treasury
for the amount that the taxpayer is paying for his staff to stay there.
Mr. Chair, with that, I respectfully request an ``aye'' vote, and I
reserve the balance of my time.
The Acting CHAIR. Members are reminded to refrain from engaging in
personalities toward the President.
Mr. LAMBORN. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Colorado is recognized for 5
minutes.
Mr. LAMBORN. Mr. Chair, I yield myself such time as I may consume.
We have had this discussion on emoluments, and I hope that my
colleague saw the newspaper today. Here is the newspaper, The
Washington Times, front page: ``Court rejects lawsuit over Trump
business. Maryland, D.C. slammed down.''
So, the Fourth Circuit Court of Appeals has said one of the lawsuits
out there is baseless.
But there is actually more going on here. This is kind of an
embarrassing amendment. I am sorry that we are even debating this. This
is a blatantly political amendment.
We are supposed to be here talking about providing the equipment and
the training for our men and women in uniform, so they can preserve and
save and keep our country secure, and this is just an attempt to
embarrass the President.
It is a political amendment. It is really not worthy of discussion in
the National Defense Authorization Act, and I don't think we should be
wasting our time on this. It is really not worthy of the American
people either.
Let me give an example on how silly and how ridiculous this amendment
is. According to the language of this amendment, if the President goes
to one of these properties and stays, like Mar-a-Lago down in Florida,
I guess he could have Secret Service. They are not paid out of DOD
dollars. They are paid out of Homeland Security dollars. But he
couldn't take the people with him who carry the nuclear football or the
communications people who keep him in touch with the command and
control of our nuclear enterprise if, God forbid, there was some kind
of crisis or emergency.
This has not been thought out. It is totally ridiculous. Who would
want to put a President of the United States through that kind of
jumping through hoops and obstacles to fulfill his duties as Commander
in Chief?
I think it is ridiculous. It is not worthy of us.
Mr. Chair, I urge a ``no'' vote, and I reserve the balance of my
time.
Mr. TED LIEU of California. Mr. Chair, the gentleman across the aisle
has mischaracterized this amendment.
All of his staff can still travel with him. The President just has to
reimburse the cost if it is at his own property, or he can choose to
stay at a Ritz Carlton or a Holiday Inn or any other commercial
property that he does not own.
Mr. Chair, I yield 1\1/2\ minutes to the gentleman from Maryland (Mr.
Raskin).
Mr. RASKIN. Mr. Chair, ridiculous, ludicrous, absurd, all of this,
right?
Well, I guess the Constitution is absurd because the Founders of the
Constitution took pains to build not one but two Emoluments Clauses
right into the text of the Constitution.
Article I, section 9, clause 8 says that no one who comes to work in
this room, nor the President of the United States, can collect any
present emolument--which means any payment--office or title of any kind
whatever--the most absolute, categorical language you will find in the
Constitution--of any kind whatever from a foreign prince, king, or
government, without the consent of Congress.
That is number one.
Then, number two, in the domestic Emoluments Clause, the Founders
wrote in that the President was limited to his salary, which could be
neither increased nor decreased by this.
My friend is waving the newspaper, and I can't wait to get to refute
his point. He is going to have to read a little more deeply into
judicial opinions if he is going to cite them on the floor of the House
of Representatives, because this decision was simply that Maryland and
the District of Columbia, whose attorneys general came forward to say
that the President's receipt of emoluments at the Trump Hotel was
damaging local business, did not have standing; and the court said it
is up to Congress to decide this because they didn't have standing, as
States, to hear it.
It was not on the merits of the case, if you go back and look. It was
about whether they had standing to bring it.
We have got the standing because the Constitution of the United
States says
[[Page H5634]]
that we are the ones whose consent is required before the President can
decide to get rich in office.
The Founders wrote a Constitution where the President and everybody
in this room is supposed to be 100 percent loyal and faithful to the
people of the United States of America, not to foreign governments.
The Acting CHAIR. The time of the gentleman has expired.
Mr. TED LIEU of California. Mr. Chair, I yield the gentleman from
Maryland an additional 30 seconds.
Mr. RASKIN. This President spent 270 days at Trump-owned properties.
Think about that for a second. What if Barack Obama had not only
taken the press corps and the government with him to Martha's Vineyard,
but made everybody stay at the Obama Hotel and he directed the
government to spend taxpayer moneys at the Obama Hotel in Martha's
Vineyard?
There would be a revolution over on that side of the aisle.
That is what is happening right here. Every time that President Trump
goes to Mar-a-Lago, they are spending $60,000, estimated by the GAO,
every weekend that they take government resources down there. And we
pay it.
It is wrong, and it is against the Constitution.
Mr. Chair, I am totally in favor of this amendment.
Mr. LAMBORN. Mr. Chairman, how much time is remaining on each side?
The Acting CHAIR. The gentleman from Colorado has 3 minutes
remaining. The gentleman from California has 1\1/4\ minutes remaining.
Mr. LAMBORN. Mr. Chair, I will make one brief comment and then yield
the remainder of my time to the gentleman from Ohio.
The President isn't in this to get rich. He has given up his salary.
Mr. Chair, with that, I would like to yield the balance of my time to
the gentleman from Ohio (Mr. Gibbs).
Mr. GIBBS. Mr. Chairman, since the beginning of this year, so much of
our time in this Chamber has been used to move one messaging bill after
another.
Many of these bills are thinly-veiled attacks on the President, but
this amendment goes above and beyond.
Under this amendment, the Department of Defense is prohibited from
staying at any property owned by President Trump or his family.
To be clear, this is not a prohibition on the Department of Defense
utilizing facilities owned by any President; this amendment is about
Donald Trump, President Donald Trump. It explicitly names the President
over 50 times. Fifty times in this amendment the President is named.
This amendment says the DOD can't do for President Trump what it does
for every President in the past: facilitate Presidential travel.
This is a new low. In 2016, the GAO found the Department of Defense
spent more than $2.8 million facilitating a 4-day trip for President
Obama, which included a Florida vacation.
While the bulk of the Department of Defense's spending on
Presidential travel is airfare, the Federal employees who are staffing
the trip need to eat and sleep.
When you travel with President Obama, you can eat and sleep wherever
is most convenient and most cost-effective, but when you travel with
President Trump, you had better pack a sandwich and a sleeping bag,
because you can't buy a hot meal or reserve a hotel room because
everything is usually so full.
This is an unreasonable restriction on the DOD and on this
administration.
The focus on who owns the facility instead of which facility meets
the needs and mission of the Department is disgraceful.
A number of people travel with the President and the Cabinet, and
they need the flexibility to choose the best facilities. Placing
unnecessary restrictions on these choices for political motivations
impedes the Department's mission.
As was just stated by my colleague from Colorado, this President
donates his presidential salary to charity.
And he doesn't have time to worry about what the Department of
Defense is doing because he is making America better.
{time} 1645
We have the lowest unemployment in decades. We have got wages going
up. We have got a strong economy.
He is working on trade deals. He is fighting for every worker out
there, every farmer, every business; and I don't think he really has
time; and it is about time that the other side of the aisle moves on
and realizes who is the President of the United States, and the great
things that are happening in this country, and not doing such juvenile
tactics of restricting the Department of Defense to where they can go;
because this would also include an employee of the Department of
Defense not being able to use the expense account if something comes
up.
He has got assets all around the world. It might be more applicable
to be at a Trump facility. He has got things in Istanbul, the
Philippines, all around the world, and you never know. We shouldn't tie
the hands of the Department of Defense. It is up to them to make those
decisions, and not for us to put ridiculous restrictions on.
So I sincerely urge defeat of this amendment for many of the reasons
I simply have said. In the standards of this body, this is the lowest
standard. We have gone to a new low.
Mr. TED LIEU of California. Mr. Chair, Department of Defense
employees should not be staying at high-priced hotels.
I yield 45 seconds to the gentleman from Virginia (Mr. Beyer).
Mr. BEYER. Mr. Chairman, I strongly support my friend, Mr. Lieu's
amendment.
The Constitution bans the very self-dealing behavior that we are
seeing this President engage in on a regular basis. President Trump
illegally profits every time he and his staff visits his properties,
every time he hosts foreign and domestic officials, every time he plays
golf on his golf courses, all paid for by the American taxpayers.
We are setting a dangerous precedent while those seeking influence
and favor with the Trump administration merely spend more time at his
properties with his name on them.
Let's take a significant step to counteract the self-dealing, corrupt
behavior, by banning taxpayer funds flowing through the Department of
Defense to go into the President's pockets.
Mr. TED LIEU of California. Mr. Chair, I yield the balance of my time
to the gentleman from Tennessee (Mr. Cohen).
Mr. COHEN. Mr. Chair, I just want to add my support to this. We have
added these prohibitions on three other bills that have come through
here, State, and Foreign Operations; Commerce, Justice, and Science;
and Financial Services and General Government.
It is in the Constitution. Moneys are not supposed to be spent there,
and this is wrong. The country will go on with them staying at Hiltons
or, as Mr. Lieu said, Ritz Carltons, or Holiday Inns, or even Red Roof
Inns.
I just say that this is the right thing to do, and I add my name as a
supporter.
Mr. TED LIEU of California. Mr. Chair, I yield back the balance of my
time.
Mr. LAMBORN. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Ted Lieu).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. GIBBS. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 45 Offered by Mr. Raskin
The Acting CHAIR. It is now in order to consider amendment No. 45
printed in part B of House Report 116-143.
Mr. RASKIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle E of title X, insert the following:
SEC. 10__. LIMITATION ON USE OF FUNDS FOR EXHIBITION OF
PARADE OF MILITARY FORCES AND HARDWARE FOR
REVIEW BY THE PRESIDENT.
None of the funds authorized to be appropriated by this Act
or otherwise appropriated for Fiscal Year 2020 for the
Department of Defense may be obligated or expended for any
exhibition or parade of military forces and hardware, with
the exception of the display of small arms and munitions
appropriate for customary ceremonial honors and for the
participation of military
[[Page H5635]]
units that perform customary ceremonial duties, for review by
the President in a public or private exercise outside of
authorized military operations or activities.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Maryland (Mr. Raskin) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maryland.
Mr. RASKIN. Mr. Chairman, I rise to offer an amendment that will save
the American taxpayers millions of dollars, restore the appropriate
focus of the July Fourth holiday as a universal, nonpartisan
celebration of our Nation's independence, and ensure that taxpayer
money is spent for public, nonpartisan purposes, not private, personal,
and partisan ones.
This amendment will ban military parades and shows organized at the
personal request of the President that serve no other governmental or
military purpose.
What happened this last Fourth of July was a shameful, extravagant,
and profligate display of quasi-monarchical pageantry which delighted
the President and the political guests that he brought in on special
tickets, but no one else.
This year's July Fourth celebration, at the President's insistence,
featured seven flyovers of 24 different military aircraft, including B-
2s, F-22s, F-35s, displays of ceremonial units, mobilization of tanks
and other military equipment, all on the National Mall, an
unprecedented Presidential speech in front of the Lincoln Memorial on
the Fourth of July, and hundreds of thousands of dollars of fireworks
that generated so much smoke that the fireworks could barely be seen by
the people sitting on the Mall.
And all of that was inspired by the President's observation of a
similar military display when he was in Paris for Bastille Day.
And guess who pays the price for all this? The taxpayers do. That is
right. The National Park Service was forced to divert $2.5 million in
park fees to help cover the costs for this event.
The Washington Post estimated that the combined hourly rate of the
seven flyovers of military aircraft, the B-2 Stealth Bomber, the F-22
Raptors, and the F-35 Lightnings, would have cost at least $560,000 per
hour. $560,000 per hour.
The Defense Department said this week that it used money from the
military services' training budgets to pay for these demonstrations
ordered by the President's whim, and spent additional funds to
transport the military equipment, which shut down traffic in Washington
D.C. for most of the day.
Just yesterday, we learned the District of Columbia spent $1.7
million, an amount that, combined with police expenses for the
demonstrations through the weekend, has wiped out funding intended to
protect the Nation's Capital.
And now the President is saying he wants to do it all over again next
year on the Fourth of July, and into the foreseeable future. We
obviously cannot allow that to happen.
This amendment will save all of our money. It will depoliticize the
Fourth of July, and call us back to its original, honorable purposes
and the way we have always celebrated; and it will send a message to
the executive branch that the Federal Government serves the people, not
one person.
We have no kings here. We have no queens. We have no monarchs. We
have no royal pageantry.
I urge my colleagues to support this amendment.
I reserve the balance of my time.
The Acting CHAIR. Members are reminded to refrain from engaging in
personalities toward the President.
Mr. LAMBORN. Mr. Chairman, I rise in opposition to this amendment.
The Acting CHAIR. The gentleman from Colorado is recognized for 5
minutes.
Mr. LAMBORN. Mr. Chair, I yield myself such time as I may consume.
Just like the last amendment, this is not worthy of us as a body. We
should be here debating the National Defense Authorization Act; how to
equip and train our men and women in uniform so they can protect our
country.
This is a blatant, cheap shot against the President. It is just a
political potshot, and it is really not worthy of us as a body.
This is a very poorly-written amendment, on top of all that. I think
we would all agree, we shouldn't have political displays by a
Commander-in-Chief, or anyone in the government, for that matter, where
public dollars are involved.
But what about patriotic displays? Is there anything wrong with that?
Let me give you a couple of examples of things that would be
prohibited by this poorly-written amendment.
Every year, you have the Army, Navy, and Air Force playing football
against each other for the Commander's Cup. And especially when the Air
Force and Navy play each other, they have these flyovers. They each
have wonderful aviation capabilities, and they will do a flyover of the
stadium, whether it is in Annapolis, or in my district in Colorado
Springs.
This is written so broadly, you couldn't have any kind of
authorized--any kind of--where's the word--exhibition. You could have
no exhibition of military arms.
So if the President was attending that football game, you couldn't
have the flyover. How silly is that?
Or if a President goes to a change of command down at Fort Bragg,
something like that, you couldn't have the military vehicles present
there that would be present normally at a change of command.
Mr. Chairman, those are just a couple of examples of how poorly
written this amendment is.
So I would say, let's reject it. Let's get serious. Let's get back to
the business of talking about what our men and women in uniform need,
and not take these silly potshots against the President.
I reserve the balance of my time.
Mr. RASKIN. Mr. Chair, the hardworking men and women of the Armed
Services certainly don't need a bunch of ceremonial pageantry paid for
by the taxpayers simply because the President decides, upon a
monarchical whim, that he wants to see one outside in front of the
Lincoln Memorial.
The gentleman from Colorado says that this is too broadly written. On
the contrary, it is very specifically written. It would still permit
ceremonial displays of units that have been traditionally used at
ceremonies and events, such as the Presidential Salute Battery, the Old
Guard, the Fife and Drum Corps, Blue Angels, Thunderbirds, and so on.
What it will not permit is the President himself calling up for a
private or public exercise outside of authorized military operations or
activities, these kinds of exhibitions or parades.
So if it is traditional, if it is something that the Army and the
Navy have always done, if they think that there is a legitimate
governmental function for it, yeah.
But the President cannot simply snap his fingers and say I want to
have some kind of display of all the military weaponry because that is
what I saw when I was on the Champs Elysees, and I saw them on Bastille
Day marching down the street.
We know, and he has admitted publicly, that this was the genesis of
the whole thing. He saw that, and he wanted that in America.
Well, guess what? That is not how we celebrate the Fourth of July in
America; and we certainly don't do it with Defense Department dollars,
and we certainly don't do it with taxpayer dollars.
If the President is so generous that he gives his salary back, even
though he is collecting millions of dollars from all of the government
expenditures down at the Trump Hotel and the Trump golf courses, and
all of the foreign governments that are spending money over at the
Trump Hotel--if he is so generous, then why doesn't he pay for it
himself?
The taxpayers should not have to pay for such a ludicrous display of
the President's own vanity.
I reserve the balance of my time.
The Acting CHAIR. Members are again reminded to refrain from engaging
in personalities toward the President.
Mr. LAMBORN. Mr. Chairman, how much time is remaining on each side?
The Acting CHAIR. The gentleman from Colorado has 3 minutes
remaining. The gentleman from Maryland has 15 seconds remaining.
Mr. LAMBORN. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Gohmert), who is a member of the Committee on Oversight and
Reform.
[[Page H5636]]
Mr. GOHMERT. Mr. Chairman, I know my friend from Maryland to be a
very smart person.
But I also know, I was around when--and I had a 4-year Army
commitment--when we went from draft to having all-volunteer. And I said
back at the time, well, this means we are going to have to spend a lot
of money recruiting, encouraging people, advertising to get people to
join the military.
In recent years, there has been so much anti-American sentiment, and
polls are showing that it has been rising, that that does have an
effect on recruiting.
I was out there, it was a fantastic--it rained. That brought the
temperature down, but it was fantastic. And I have already heard about
two young people who said, I saw that on television. I was thinking
about the military. I am now not thinking about it; I am joining.
Now, just so you know--let's see, we spend, between the Army Active
Duty and the Army Reserve, Army National Guard, Air Force Active Duty,
Air Force Reserve, Air National Guard, Navy Active Duty, Navy Reserve,
Marine Corps Active Duty and Marine Corps Reserve, actually $662
million in 2015, but only $574 million in 2017. So it had been down
from where it was in 2015. But this costs the military, it is projected
around $1.2 million.
I cannot imagine a more effective use of that money for showing
people what they can be a part of if they join in the defense of this
country.
And, heck, when I was in the Army for 4 years, we had displays,
Congressmen, Senators, they would show up, and we would have a parade
for them.
It seems kind of ridiculous to say we hate this President so badly,
any Member of Congress, any Senator, you can go have a parade for you,
but not the President. The President can't call up and say I am coming
down; how about a parade; because under the language the gentleman has
read, he can't ask for anything like that.
He is the Commander in Chief of all of the military; and even in
Washington's day, it was a good thing for the President to have a
parade, to encourage people to build up American, pro-American
sentiment.
So it is not a bad thing, it is a good thing. This was money well-
spent. I can't imagine a better use of military funding. And the Park
Services Director said, it was a boon for them. So it was a good use,
and I would encourage a ``no'' vote on the amendment.
Mr. LAMBORN. Mr. Chair, I yield back the balance of my time.
{time} 1700
Mr. RASKIN. Mr. Chairman, I yield 15 seconds to the gentleman from
Virginia (Mr. Beyer).
Mr. BEYER. Mr. Chairman, I would just like to add a personal
perspective.
I was raised in Washington, D.C., and I remember fondly my father and
mother packing the six kids in the station wagon with the blankets, but
it was never a partisan affair. It was about Democrats and Republicans
and families in our Nation.
I had hundreds and hundreds of my constituents at the Lincoln
Memorial say that this was the most egregious display of personal ego
they have ever seen.
Mr. RASKIN. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Maryland (Mr. Raskin).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. LAMBORN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Maryland
will be postponed.
Amendment No. 46 Offered by Mr. Huffman
The Acting CHAIR. It is now in order to consider amendment No. 46
printed in part B of House Report 116-143.
Mr. HUFFMAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle H of title X, insert the following:
SEC. __. LANDS TO BE TAKEN INTO TRUST AS PART OF THE
RESERVATION OF THE LYTTON RANCHERIA.
(a) Findings.--Congress finds the following:
(1) The Lytton Rancheria of California is a federally
recognized Indian tribe that lost its homeland after its
relationship to the United States was unjustly and unlawfully
terminated in 1958. The Tribe was restored to Federal
recognition in 1991, but the conditions of its restoration
have prevented it from regaining a homeland on its original
lands.
(2) Congress needs to take action to reverse historic
injustices that befell the Tribe and that have prevented it
from regaining a viable homeland for its people.
(3) Prior to European contact there were as many as 350,000
Indians living in what is now the State of California. By the
turn of the 19th century, that number had been reduced to
approximately 15,000 individuals, many of them homeless and
living in scattered bands and communities.
(4) The Lytton Rancheria's original homeland was purchased
by the United States in 1926 pursuant to congressional
authority designed to remedy the unique tragedy that befell
the Indians of California and provide them with reservations
called Rancherias to be held in trust by the United States.
(5) After the Lytton Rancheria lands were purchased by the
United States, the Tribe settled on the land and sustained
itself for several decades by farming and ranching.
(6) By the mid-1950s, Federal Indian policy had shifted
back towards a policy of terminating the Federal relationship
with Indian tribes. In 1958, Congress enacted the Rancheria
Act of 1958 (72 Stat. 619), which slated 41 Rancherias in
California, including the Lytton Rancheria, for termination
after certain conditions were met.
(7) On August 1, 1961, the Federal Government terminated
its relationship with the Lytton Rancheria. This termination
was illegal because the conditions for termination under the
Rancheria Act had never been met. After termination was
implemented, the Tribe lost its lands and was left without
any means of supporting itself.
(8) In 1987, the Tribe joined three other tribes in a
lawsuit against the United States challenging the illegal
termination of their Rancherias. A Stipulated Judgment in the
case, Scotts Valley Band of Pomo Indians of the Sugar Bowl
Rancheria v. United States, No. C-86-3660 (N.D.Cal. March 22,
1991), restored the Lytton Rancheria to its status as a
federally recognized Indian tribe.
(9) The Stipulated Judgment provides that the Lytton
Rancheria would have the ``individual and collective status
and rights'' which it had prior to its termination and
expressly contemplated the acquisition of trust lands for the
Lytton Rancheria.
(10) The Stipulated Judgment contains provisions, included
at the request of the local county governments and
neighboring landowners, that prohibit the Lytton Rancheria
from exercising its full Federal rights on its original
homeland in the Alexander Valley.
(11) In 2000, approximately 9.5 acres of land in San Pablo,
California, was placed in trust status for the Lytton
Rancheria for economic development purposes.
(12) The Tribe has since acquired, from willing sellers at
fair market value, property in Sonoma County near the Tribe's
historic Rancheria. This property, which the Tribe holds in
fee status, is suitable for a new homeland for the Tribe.
(13) On a portion of the land to be taken into trust, which
portion totals approximately 124.12 acres, the Tribe plans to
build housing for its members and governmental and community
facilities.
(14) A portion of the land to be taken into trust is being
used for viniculture, and the Tribe intends to develop more
of the lands to be taken into trust for viniculture. The
Tribe's investment in the ongoing viniculture operation has
reinvigorated the vineyards, which are producing high-quality
wines. The Tribe is operating its vineyards on a sustainable
basis and is working toward certification of sustainability.
(15) No gaming shall be conducted on the lands to be taken
into trust by this section.
(16) No gaming shall be conducted on any lands taken into
trust on behalf of the Tribe in Sonoma County after the date
of the enactment of this Act.
(17) By directing that these lands be taken into trust, the
United States will ensure that the Lytton Rancheria will
finally have a permanently protected homeland on which the
Tribe can once again live communally and plan for future
generations. This action is necessary to fully restore the
Tribe to the status it had before it was wrongfully
terminated in 1961.
(18) The Tribe and County of Sonoma have entered into a
Memorandum of Agreement as amended in 2018 in which the
County agrees to the lands in the County being taken into
trust for the benefit of the Tribe in consideration for
commitments made by the Tribe.
(b) Definitions.--For the purpose of this section, the
following definitions apply:
(1) County.--The term ``County'' means Sonoma County,
California.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Lytton Rancheria
of California.
(c) Lands to Be Taken Into Trust.--
(1) In general.--The land owned by the Tribe and generally
depicted on the map titled ``Lytton Fee Owned Property to be
Taken into Trust'' and dated May 1, 2015, is hereby taken
into trust for the benefit of the Tribe, subject to valid
existing rights, contracts, and management agreements related
to easements and rights-of-way.
[[Page H5637]]
(2) Lands to be made part of the reservation.--Lands taken
into trust under paragraph (1) shall be part of the Tribe's
reservation and shall be administered in accordance with the
laws and regulations generally applicable to property held in
trust by the United States for an Indian tribe.
(d) Gaming.--
(1) Lands taken into trust under this section.--Lands taken
into trust for the benefit of the Tribe under subsection (c)
shall not be eligible for gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.).
(2) Other lands taken into trust.--Lands taken into trust
for the benefit of the Tribe in Sonoma County after the date
of the enactment of this Act shall not be eligible for gaming
under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.).
(e) Applicability of Certain Law.--Notwithstanding any
other provision of law, the Memorandum of Agreement entered
into by the Tribe and the County concerning taking land in
the County into trust for the benefit of the Tribe, which was
approved by the County Board of Supervisors on March 10,
2015, and any addenda and supplement or amendment thereto, is
not subject to review or approval of the Secretary in order
to be effective, including review or approval under section
2103 of the Revised Statutes (25 U.S.C. 81).
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from California (Mr. Huffman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. HUFFMAN. Mr. Chairman, this amendment is simple. It reflects a
bill that passed the House earlier this year in March by a vote of 404-
21.
I first introduced this bill in the 114th Congress. It was heard by
the Natural Resources Committee, reported out favorably by unanimous
consent. It was then reintroduced in the next Congress by my colleague
Representative Jeff Denham, and it passed the House by voice vote. Then
it was reported by the Senate Committee on Indian Affairs in October of
2018. The bill was reintroduced again by me this Congress, and after
passage in this House, it once again was reported out favorably from
the Senate Committee on Indian Affairs just a few weeks ago.
This amendment would take land owned by the Lytton Rancheria in
Sonoma County in my district into trust as part of the Tribe's
reservation for purposes of housing and economic development. It would
permanently prohibit using these lands for casino gaming, and it would
uphold a memorandum of understanding carefully negotiated between the
Tribe and the County of Sonoma. It reflects an exhaustive stakeholder
outreach process, extensive meetings, and negotiations between the
Tribe, Sonoma County, and other local governments.
This productive relationship is illustrated by support from the
Sonoma County Board of Supervisors, who have jurisdiction over the land
in question, and also the nearest local public service agencies,
including the Windsor Fire Protection District and Windsor Unified
School District. Even California Governor Gavin Newsom is in support of
this bill. In fact, there is no elected official in the area that is
impacted by this bill who is on record opposed to the bill.
So I urge adoption of the amendment, and I reserve the balance of my
time.
Mr. BISHOP of Utah. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Utah. Mr. Chairman, I claim the time in opposition for
the process of what we are doing, not necessarily the substance of the
amendment at hand.
Since this bill had first been heard in our committee, there have
been new voices that have been raised by the people of Windsor,
California, which is the town located adjacent to the unincorporated
area of the county in which this land transfer would take place. These
residents have repeatedly contacted our committee asking that their
voices simply be heard.
Now, for whatever the reason was, we asked the committee to have one
more hearing and allow these voices to actually be heard. For whatever
reason, the majority on our committee decided to silence the voices and
just ram this bill through the committee. The reason I and several
others voted against it in committee and on the floor was simply
because of the process that went through here.
This, as has been mentioned, is not necessarily a new amendment. It
is a bill, a bill that has passed this House and is sitting over in the
Senate.
It is certainly my hope that this does not portend a future in which
those who make the agenda of the House consider the fact that the
Democratic House will so incomparably and infrequently work with a
Republican Senate that we now need to take every bill that has been
passed in the House and turn it into another amendment and then attach
it to the next big bill that happens to go through this process.
Certainly, that is not what I think would be the best way going
forward.
Now, the last reason, the process for which I do object, is simply
this bill does not belong on a National Defense Authorization Act.
There is no defense nexus. This is transferring of lands from one area
to Native Americans.
Now, heaven knows, I have had all sorts of land issues and wildlife
issues on the NDAA, but in each one of those there was a nexus to a
training range, a military mission. There is no connection with this
particular bill.
I reserve the balance of my time.
Mr. HUFFMAN. Mr. Chairman, I thank the gentleman for his concerns.
I won't relitigate the issue of whether the amendment is made in
order. That has been decided. That is why we are here.
With respect to the gentleman's concerns about local individuals who
may have expressed opposition to the bill--and again, there is no
official opposition, no local government agency, no local elected
officials, but some individuals in the area have opposed the bill--I
would just note, in the 115th Congress, when then-Chairman Bishop of
the Natural Resources Committee supported the bill passing out of his
committee and passing on the floor, the committee report itself noted
those same individual voices of opposition.
I will quote: ``Lastly, the committee has received a relatively large
number of communications from the residents of Windsor in opposition to
the bill.''
There is no new opposition to this bill. It is the same individuals,
and it is the same folks who the chairman at the time, himself, noted.
So I would submit, Mr. Chairman, there is nothing new here. This bill
has previously won broad bipartisan support, including from my friend
from Utah, and I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Chairman, I reserve the balance of my time.
Mr. HUFFMAN. Mr. Chairman, this amendment was culled out from the en
bloc amendments. I am still not entirely clear why, but I think, to the
extent that it deserves to be singled out and culled out, it is because
it is a model for other land-to-trust bills that we sometimes see in
this body. Rarely will you find a case where a Tribe negotiated more
exhaustively in good faith and produced actual agreements with local
government neighbors to the standard and to the level that we see
in this case.
This is a good piece of legislation broadly supported by the elected
officials in the area and, in many cases, having already won the strong
bipartisan support from Members in both the House and the United States
Senate. I urge a ``yes'' vote, and I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Chairman, however one wants to spin whatever
issue is here, had the Democratic majority on the committee scheduled
another hearing to allow those voices to be heard, I wouldn't have
objected then, nor would I have objected right now.
The sad part is this is not necessarily the best of proposals. The
checkerboard pattern that is created by this amendment is something in
other amendments we have tried to do, to consolidate and get rid of
checkerboard patterns and not create checkerboard patterns.
But here is, still, the bottom line: This establishes a precedent--
this is not a precedent. We have done it before. But it establishes the
wrong approach.
The National Defense Authorization Act should be about military stuff
and about the defense of this Nation. This is not even a tangible
concept. This is something that has nothing to do with it. We do have a
partisan Rules Committee that has decided to lure some people with
partisan amendments to be
[[Page H5638]]
put in here, but it has nothing to do with the actual bill.
We are going through a whole lot of amendments and taking a whole lot
of time on the floor. The amendments to the NDAA should have something
to do with the NDAA and not just pulling wandering bills that go all
over the place and deciding to shove it on it just because there is a
vehicle that happens to be going through this body.
That is why I said I am not talking about the substance of the bill--
although there are some questions; I would have had my questions
answered had there been another hearing for the new voices that want to
be heard--but it is the process that we are going through. The process
here is wrong. The process the Rules Committee did was wrong.
We should not be talking about these kinds of issues and taking our
time on these kinds of issues on an NDAA bill. So, as I said, my
opposition is purely on process, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Huffman).
The amendment was agreed to.
Announcement by the Acting Chair
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in part B of House Report
116-143 on which further proceedings were postponed, in the following
order:
Amendment No. 32 by Mr. Blumenauer of Oregon.
Amendment No. 33 by Mr. Blumenauer of Oregon.
Amendment No. 34 by Ms. Frankel of Florida.
Amendment No. 44 by Mr. Ted Lieu of California.
Amendment No. 45 by Mr. Raskin of Maryland.
The Chair will reduce to 2 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 32 Offered by Mr. Blumenauer
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Oregon
(Mr. Blumenauer) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 15-minute vote.
The vote was taken by electronic device, and there were--ayes 164,
noes 264, not voting 10, as follows:
[Roll No. 454]
AYES--164
Adams
Amash
Barragan
Bass
Beatty
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Butterfield
Carbajal
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cohen
Courtney
Cummings
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gomez
Gonzalez (TX)
Green, Al (TX)
Grijalva
Harder (CA)
Hastings
Hayes
Heck
Himes
Horsford
Houlahan
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kind
Krishnamoorthi
Kuster (NH)
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lofgren
Lowenthal
Lowey
Malinowski
Maloney, Carolyn B.
Massie
Matsui
McCollum
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Nadler
Napolitano
Neal
Neguse
Norcross
Ocasio-Cortez
Omar
Pallone
Pappas
Pascrell
Payne
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Roybal-Allard
Ruiz
Rush
Ryan
Sablan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott, David
Serrano
Sewell (AL)
Shalala
Sires
Slotkin
Smith (WA)
Soto
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Trahan
Trone
Vargas
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wild
Wilson (FL)
Yarmuth
NOES--264
Abraham
Aderholt
Aguilar
Allen
Allred
Amodei
Armstrong
Arrington
Axne
Babin
Bacon
Baird
Balderson
Banks
Barr
Bera
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brindisi
Brooks (AL)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Bustos
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cisneros
Cline
Cloud
Clyburn
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Connolly
Cook
Cooper
Correa
Costa
Cox (CA)
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Cunningham
Curtis
Davids (KS)
Davidson (OH)
Davis, Rodney
Delgado
Demings
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Golden
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Gottheimer
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Haaland
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (NY)
Hill (AR)
Hill (CA)
Holding
Hollingsworth
Horn, Kendra S.
Hoyer
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Johnson (TX)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kim
King (IA)
King (NY)
Kinzinger
Kirkpatrick
Kustoff (TN)
LaHood
LaMalfa
Lamb
Lamborn
Langevin
Latta
Lee (NV)
Lesko
Lipinski
Loebsack
Long
Loudermilk
Lucas
Luetkemeyer
Lujan
Luria
Lynch
Maloney, Sean
Marchant
Marshall
Mast
McAdams
McBath
McCarthy
McCaul
McClintock
McEachin
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Moulton
Mucarsel-Powell
Mullin
Murphy
Newhouse
Norman
Nunes
O'Halleran
Olson
Palazzo
Palmer
Panetta
Pence
Perry
Peters
Peterson
Phillips
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouda
Rouzer
Roy
Ruppersberger
Rutherford
Scalise
Schweikert
Scott (VA)
Scott, Austin
Sensenbrenner
Sherman
Sherrill
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spanberger
Spano
Stanton
Stauber
Stefanik
Steil
Steube
Stevens
Stewart
Stivers
Suozzi
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Torres Small (NM)
Turner
Upton
Van Drew
Veasey
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Wexton
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--10
Cardenas
Fudge
Gabbard
Higgins (LA)
Norton
Perlmutter
Plaskett
Radewagen
San Nicolas
Underwood
{time} 1740
Mrs. BUSTOS, Messrs. PHILLIPS, VEASEY, CORREA, Ms. JOHNSON of Texas,
Messrs. COSTA, CISNEROS, CLYBURN, LIPINSKI, CRIST, SUOZZI, HIGGINS of
New York, CROW, SCOTT of Virginia, BROWN of Maryland, and Mrs. DEMINGS
changed their vote from ``aye'' to ``no.''
Messrs. CARBAJAL, NORCROSS, and KRISHNAMOORTHI changed their vote
from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 33 Offered by Mr. Blumenauer
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Oregon
(Mr. Blumenauer) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
[[Page H5639]]
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 198,
noes 229, not voting 11, as follows:
[Roll No. 455]
AYES--198
Adams
Allred
Amash
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brownley (CA)
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cohen
Correa
Costa
Courtney
Cox (CA)
Crow
Cuellar
Cummings
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gomez
Gonzalez (TX)
Green, Al (TX)
Grijalva
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lynch
Malinowski
Maloney, Carolyn B.
Massie
Matsui
McAdams
McBath
McCollum
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Pappas
Pascrell
Payne
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roy
Roybal-Allard
Ruiz
Rush
Ryan
Sablan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Speier
Stanton
Stevens
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Trahan
Trone
Vargas
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--229
Abraham
Aderholt
Aguilar
Allen
Amodei
Armstrong
Arrington
Axne
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brindisi
Brooks (AL)
Brooks (IN)
Brown (MD)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Bustos
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cisneros
Cline
Cloud
Clyburn
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Connolly
Cook
Cooper
Craig
Crawford
Crenshaw
Crist
Cunningham
Curtis
Davidson (OH)
Davis, Rodney
Delgado
Demings
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Golden
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Gottheimer
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Haaland
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lawson (FL)
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Lujan
Luria
Maloney, Sean
Marchant
Marshall
Mast
McCarthy
McCaul
McClintock
McEachin
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Moulton
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Panetta
Pence
Perry
Peters
Peterson
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Ruppersberger
Rutherford
Scalise
Schweikert
Scott (VA)
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Spanberger
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Swalwell (CA)
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Torres Small (NM)
Turner
Upton
Van Drew
Veasey
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--11
Fudge
Gabbard
Higgins (LA)
Johnson (GA)
Norton
Perlmutter
Plaskett
Radewagen
San Nicolas
Smucker
Underwood
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1746
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mr. SMUCKER. Mr. Chair, I was unavoidably detained. Had I been
present, I would have voted ``nay'' on rollcall No. 455.
Amendment No. 34 Offered by Ms. Frankel
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Florida
(Ms. Frankel) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 215,
noes 214, not voting 9, as follows:
[Roll No. 456]
AYES--215
Adams
Aguilar
Allred
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Pappas
Pascrell
Payne
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rooney (FL)
Rose (NY)
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--214
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Axne
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brindisi
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cisneros
[[Page H5640]]
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Cooper
Crawford
Crenshaw
Cunningham
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Gottheimer
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Hill (CA)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamb
Lamborn
Latta
Lesko
Lipinski
Long
Loudermilk
Lucas
Luetkemeyer
Luria
Marchant
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Moulton
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Panetta
Pence
Perry
Peterson
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose, John W.
Rouda
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott (VA)
Scott, Austin
Sensenbrenner
Sherrill
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Van Drew
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--9
Fudge
Gabbard
Higgins (LA)
Norton
Perlmutter
Plaskett
Radewagen
San Nicolas
Underwood
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1752
Ms. SHERRILL and Mr. GAETZ changed their vote from ``aye'' to ``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 44 Offered by Mr. Ted Lieu of California
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Ted Lieu) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 223,
noes 205, answered ``present'' 1, not voting 9, as follows:
[Roll No. 457]
AYES--223
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--205
Abraham
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Crow
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Horn, Kendra S.
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kim
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamb
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Luria
Marchant
Marshall
Massie
Mast
McAdams
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Peterson
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sherrill
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
ANSWERED ``PRESENT''--1
Amash
NOT VOTING--9
Fudge
Gabbard
Higgins (LA)
Norton
Perlmutter
Plaskett
Radewagen
San Nicolas
Underwood
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1756
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 45 Offered by Mr. Raskin
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Maryland
(Mr. Raskin) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
[[Page H5641]]
The vote was taken by electronic device, and there were--ayes 221,
noes 207, not voting 10, as follows:
[Roll No. 458]
AYES--221
Adams
Aguilar
Allred
Amash
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sablan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sires
Smith (WA)
Soto
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Trahan
Trone
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--207
Abraham
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brindisi
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Cunningham
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gonzalez-Colon (PR)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kim
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Luria
Marchant
Marshall
Massie
Mast
McAdams
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Peterson
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose (NY)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sherrill
Shimkus
Simpson
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spanberger
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Torres Small (NM)
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Young
Zeldin
NOT VOTING--10
Fudge
Gabbard
Higgins (LA)
Jordan
Norton
Perlmutter
Plaskett
Radewagen
San Nicolas
Underwood
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1800
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 48 Offered by Mr. Pappas
The CHAIR. It is now in order to consider amendment No. 48 printed in
part B of House Report 116-143.
Mr. PAPPAS. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle B of title III insert the following:
SEC. 3__. PFAS DESIGNATION, EFFLUENT LIMITATIONS, AND
PRETREATMENT STANDARDS.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall revise the list of toxic pollutants
described in paragraph (1) of section 307(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1317(a)) to add per-
and polyfluoroalkyl substances to such list, and publish such
revised list, without taking into account the factors listed
in such paragraph.
(b) Effluent Standards.--As soon as practicable after the
date on which the revised list is published under subsection
(a), but not later than January 1, 2022, the Administrator
shall publish in the Federal Register effluent standards
under section 307(a)(2) of the Federal Water Pollution
Control Act (33 U.S.C. 1317(a)(2)) for substances added to
the list of toxic pollutants pursuant to subsection (a) of
this section, in accordance with sections 301(b)(2)(A) and
304(b)(2) of such Act.
(c) Pretreatment Standards.--Not later than January 1,
2022, the Administrator shall promulgate pretreatment
standards for per- and polyfluoroalkyl substances under
section 307(b) of the Federal Water Pollution Control Act (33
U.S.C. 1317(b)).
The CHAIR. Pursuant to House Resolution 476, the gentleman from New
Hampshire (Mr. Pappas) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New Hampshire.
Mr. PAPPAS. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I offer this amendment on behalf of all the children and
families across our Nation who have been impacted by the harmful
effects of PFAS contamination.
As of August 2017, the Department of Defense identified over 400
Active and BRAC installations in the United States where there ``is a
known or suspected release of PFOS/PFOA.''
The Environmental Working Group estimates that 475 industrial
facilities may be discharging PFAS directly into bodies of water, some
of which are used as a drinking water source. It also estimates that
more than 100 million Americans may be drinking PFAS-tainted water.
This should be concerning to all of us because science has linked
PFAS with developmental delays for children and serious health
conditions, including cancer, immune system disorders, and thyroid
problems.
To date, however, the EPA has yet to act to set standards under the
Clean Water Act. That is why this amendment is needed.
In my home district in New Hampshire, we are grappling with this
issue in a number of communities. In the town of Merrimack, industrial
pollution from a manufacturer has contaminated drinking water that
thousands relied on. At Pease Air Force Base on the seacoast, PFAS
chemicals have been used by the military for decades and have been
detected in the surrounding environment as well as private and
municipal wells.
My constituents have become far too familiar with the impacts of
living in communities where these toxic chemicals are present. This is
more than just a matter of tests, data sets, and parts per trillion in
the abstract. The burdens of these chemicals are carried by real
people. I hear their stories firsthand.
A woman who has taken an active role on the front lines of this fight
and who contacted my office recently
[[Page H5642]]
worked at Pease Air Force Base for almost 10 years. Her son was exposed
to PFAS prenatally and for 5 years while attending preschool and
kindergarten by drinking water from an affected well. He was sick often
as a child, and his mother has ongoing concerns about his health and
immune system stemming from that early exposure. Not only is her family
dealing with these physical impacts, they are dealing with the
uncertainty and lingering questions about the facts and difficulty with
testing and diagnosis, and they are left to wonder if and when things
may get worse.
It is for reasons like this that I have been committed to advocating
for families like these in my district and why I have joined the
bipartisan PFAS task force to help come up with solutions.
While there are countless questions we must answer, due to the
relentless work of advocates, community leaders, and concerned
citizens, the all too pervasive issue of PFAS contamination has been
brought to light.
The dedicated work of family, friends, and neighbors banding together
to ask questions and demand answers has been critical, but it is time
for much more than just that. It is time for us in Congress to take
long-overdue action. It is time for us to push for stronger standards,
invest in cleanup, and improve protections for those who have suffered
from the effects of contamination.
Today, with the support of my colleagues, we can do just that. This
amendment takes a critical step in holding polluters accountable and
establishing proactive limits for PFAS discharge as we work to curtail
contamination and support families who have been exposed.
By adding PFAS to the Clean Water Act's list of toxic pollutants and
requiring EPA to set standards for discharges into our Nation's waters,
we are providing the EPA with the additional tools it needs to tackle
these toxic chemicals.
There is nothing more important than safeguarding the health and
well-being of our communities.
Mr. Chair, I urge my colleagues to vote for the adoption of this
amendment, and I reserve the balance of my time.
Mr. SHIMKUS. Mr. Chair, I rise in opposition to the amendment.
The CHAIR. The gentleman from Illinois is recognized for 5 minutes.
Mr. SHIMKUS. Mr. Chair, if this amendment were limited to the 18 per-
and polyfluorinated compounds that EPA knows about and has rendered a
judgment on, we would be having a different debate. Formulations like
PFOA and PFOS, for example, have been studied and have already been
taken out of commercial use.
But this amendment, like others we will be debating, emotionally and
politically requires severe action on an entire class of chemicals,
maybe as many as 5,000 substances. It does so without due diligence and
scientific inquiry.
Nobody denies that there are real concerns and frustration in
communities affected by PFAS contamination. My colleague has raised
those concerns, and we certainly want to help those communities,
especially those that host our soldiers, sailors, airmen, and marines.
The use of firefighting foam in those areas has caused PFAS to enter
into ditches and canals and seep into groundwater formations.
But while we can and should take action to limit or even prohibit
uncontrolled releases of PFAS-containing firefighting foam, we can't
lose sight of why this foam is used in the first place. If you or your
loved one are on a nuclear submarine that is carrying nuclear weapons
under the Arctic icecap or involved in a fiery aircraft accident on the
runway, you want the best firefighting foam available, not the second
best.
The concern of these communities needs to be addressed, but this is
not what is happening in this process.
Many of the compounds targeted by these amendments are parts of
manufactured goods that when disposed of are not soluble in water.
Let me highlight a couple that have been approved by the Food and
Drug Administration to be inserted into the human body as medical
devices. Yes, lifesaving PFAS-related chemicals have been approved by
the FDA. They are in medical devices and have been approved to be
inserted into the body.
Mr. Chair, to the ranking member and to the chairman, the reason for
the importance of going through regular order in the committee process
is because we understand the chemicals. We deal with healthcare.
As far as lifesaving equipment, we are going to go through a couple
of those. Many recognize what a stent is. This stent is there to open
up arteries, and it saves lives and allows people to live a normal
lifestyle.
This is one that was brought into my office a couple of weeks ago.
Many more children than we would ever guess are born with holes in
their heart. It is tough, but modern medicine and technology have
allowed these children to lead and live normal lives.
How? Well, there is a medical device that is part of these 5,000
compounds of the PFAS community that saves these children's lives and
allows the heart to repair itself, and they go on to live a normal
life.
{time} 1815
This is a National Defense Authorization bill, not a healthcare bill,
not a chemical, science, EPA bill. So let's look at national defense.
Here is the F-16, with all the components that have per- or poly-
fluorinated compounds as part of the F-16 platform. Do we really want
to essentially ban all these parts that would eventually go into some
landfill, and they are not soluble, and create a Superfund situation
for the landfill into which they go?
We have heard a lot from municipal landfills that are disposing of
legal nonsoluble items in regulated landfills. Do we really want to
place farm land under the Superfund designation because a farmer used
wastewater treatment sludge as a fertilizer?
That is why we must do our due diligence and go through regular order
through the committee of jurisdiction.
I serve as the ranking member on the Committee on Environment and
Climate Change. It is our duty to have oversight over the USEPA; it is
our duty to protect our communities; and it is our responsibility not
to overreact.
Chairman Tonko and I are actively engaged on this issue. As I have
raised this, it is very complicated, but it is not impossible.
Mr. Chair, I urge my colleagues to reject these shortcuts and allow
the committee process to work. That is the only way we can hope to
address PFAS concerns without the significant unintended consequences
this and these other amendments would create. Please vote against the
amendment. Please allow bipartisan discussions to continue.
Mr. Chair, I yield back the balance of my time.
Mr. PAPPAS. Mr. Chair, to close, I think it is critical that we give
EPA the ability to set standards that are reasonable for PFAS that
would protect public health.
In passing this amendment, we can ensure that our government can meet
its most basic guaranty: that everyone--servicemembers, their families,
and civilians, alike--can have confidence that the water we drink, the
natural environment all around us, is clean and safe. This amendment
will ensure EPA sets standards for these toxic pollutants to protect
public health and the safety of all Americans. It is beyond time for us
and Congress to act to take serious action on PFAS, and I urge adoption
of this amendment.
Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from New Hampshire (Mr. Pappas).
The amendment was agreed to.
Amendment No. 49 Offered by Ms. Lee of California
The CHAIR. It is now in order to consider amendment No. 49 printed in
part B of House Report 116-143.
Ms. LEE of California. Mr. Chair, I rise to offer amendment No. 49 as
the designee of Mr. Khanna.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike section 1504 and insert the following:
SEC. 1504. OPERATION AND MAINTENANCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal year 2020 for the use of the Armed
Forces and other activities and agencies of the Department of
[[Page H5643]]
Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table
in section 4302.
(b) Reduction.--Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to be
appropriated in this section for operations and maintenance
for overseas contingency operations, as specified in the
funding table in section 4302, is hereby reduced by
$16,800,000,000.
The CHAIR. Pursuant to House Resolution 476, the gentlewoman from
California (Ms. Lee) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from California.
Ms. LEE of California. Mr. Chairman, I yield 1 minute to the
gentlewoman from California (Ms. Pelosi), the Speaker of the House.
Ms. PELOSI. Mr. Chair, I thank the gentlewoman from California for
yielding and commend her for her extraordinary leadership in having a
purpose and a mission to our national security. Her leadership on
having an authorization for the use of military force has been
unsurpassed in the Congress, and I thank her. I know she will have
amendments to that effect this legislation, as well.
Mr. Chair, I want to salute so many members of the Armed Services
Committee, starting with Chairman Smith, for his relentless efforts to
advance this strong bipartisan defense authorization legislation which
honors the values of our country, strengthens our security, and
advances America's leadership in the world.
One week after our Nation celebrated the birth of our democracy, the
Democratic House is proudly honoring that oath, the oath we take to
support and defend the Constitution and to protect the American people.
The Democratic majority is bringing forth responsible budgeting needed
for safe, strong, and smart defense.
This legislation keeps America strong with vital action to improve
the economic security and well-being of our servicemembers and
families, including a much-needed pay raise.
It keeps America safe with critical steps to promote collaboration
with our allies, harden our defenses against hostile foreign powers,
and meet the challenges of the future, including the climate crisis,
which is a national security issue.
And it keeps America smart by reaffirming Congress' constitutional
oversight responsibility over the President's military actions,
including by prohibiting funding for the deployment a new low-yield
nuclear missile warheads.
We applaud Representative Ro Khanna and the many bipartisan
cosponsors for their amendment to prohibit Federal funds from being
used for any military force against Iran without congressional
authorization.
As I rise to support the bill, I also rise to support Mr. Khanna's
amendment.
The bill--getting back to the bill--also is about family. It is about
survivor benefits. It protects children at the border who are facing an
appalling situation that is beyond the pale of civilized behavior.
I always say the same thing when people ask me what are the three
most important issues facing the Congress. I say the same thing: the
children, the children, the children.
This legislation prohibits Department of Defense funds from being
used to House unaccompanied children forcibly separated from their
parents or legal guardian by Customs and Border Protection near the
border or a port of entry. And it creates oversight, requiring DOD to
submit a certification that any housing provided to unaccompanied
children meets Department of Homeland Security standards, including
those provided in the Flores settlement.
We must take every action we can at every opportunity we find to end
this situation of the children and improve the health, safety, and
well-being of the children in custody.
In coming weeks, we will advance Congresswoman Escobar's legislation
to bring more accountability to the Department of Homeland Security and
medical care standard legislation, led by Congressman Ruiz, to ensure
the health and safety of children and/or adults in custody.
We support our Members who have led visits to the Border Patrol
stations to find the facts and who are leading the battle cry of action
on behalf of America's values about what we stand for.
So I urge my colleagues to vote ``yes'' on this important
legislation. Keep America strong. It is about a pay raise for our
troops, survivor benefits, about protecting our children, in addition
to, again, helping us honor our oath of office to protect and defend. I
urge a strong bipartisan vote for this bill to uphold our values and
strengthen America.
Mr. Chair, I again thank the gentlewoman for yielding.
Mr. THORNBERRY. Mr. Chair, I rise in opposition to the amendment.
The CHAIR. The gentleman from Texas is recognized for 5 minutes.
Mr. THORNBERRY. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, we have had a number of speakers over the course of the
last 2 days talk about that this bill provides a pay raise. I just want
to clarify that it does not.
There is an existing formula which provides the military a 3.1
percent pay raise. If we do nothing, they still get a 3.1 percent pay
raise.
Now, in the past, sometimes the Obama administration, for example,
recommended a lower pay raise. Sometimes in Congress we have enacted a
higher pay raise than the formula would require.
But the key point is 3.1 percent is what the formula is. This bill
does not change that in any way. If the bill passes, if it doesn't
pass, the pay raise still goes in.
I think the Speaker just indicated that she supported the amendment
we are discussing now. Let's be clear. The bill before us cuts $17
billion from the President's request. The amendment before us cuts
another $16 billion from that.
So all the folks who have come here and said it is not too much, it
is not too little, it is just right, they have to vote against this
amendment because this cuts an additional $16 billion.
What is the effect of this $16 billion? It decimates counterterrorism
operations around the world. All of this cut comes from operations and
maintenance within the OCO, the overseas contingency account. That
means we do not do as much to fight terrorists overseas.
It hurts our ability, as another example, to train and help the
Ukrainians fight the aggression that is occurring on their soil. Lots
of people talk about standing up to the Russians. This amendment takes
away the biggest factor in Ukraine that is helping push back against
the Russian-backed insurgents. It decimates support for the Afghan
security forces.
Whether you think Americans should be there or not, we are trying to
help you. Afghans defend themselves. This amendment takes that away.
Real consequences in the real world, I think this amendment finally
gets to where the direction of this bill is headed. Members should
oppose it.
Mr. Chair, I reserve the balance of my time.
Ms. LEE of California. Mr. Chair, I am pleased to offer this
amendment with Representatives Khanna, DeFazio, Omar, and Pressley.
What this amendment would do is freeze fiscal year 2020 defense
spending in the NDAA to 2019 levels by reducing the overseas
contingency operations account by $16.8 billion.
Now, by restoring defense spending to the levels authorized in last
year's NDAA, this increase would be even more modest than the $700
billion top-line figure publicly embraced by the President just 9
months ago before he reversed course and requested an outrageous $750
billion.
Mr. Chair, just last year, the Department of Defense failed its first
ever agencywide audit, something that I have long called for, along
with my colleague Representative Burgess.
I want to thank Chairman Smith for including our bipartisan language
on audit readiness to ensure that the DOD is acting to address waste,
fraud, and abuse at the Pentagon and ensure that it has a plan in place
so it can pass an unqualified audit.
If the Department of Defense cannot even keep track of its current
funding, it is truly outrageous that Congress would reward the Pentagon
with a massive spending increase. This amendment is simply about
reining in the bloated Pentagon budget.
At the minute-by-minute level, American taxpayers are already
spending nearly $2 billion a day at the fiscal
[[Page H5644]]
2019 NDAA enacted levels this amendment seeks to cut funding to.
The $16.8 billion to the top-line funding level, what this amendment
would do would require the fund to fund 6.8 million Head Start slots
for 1 year, 1.63 million veterans receiving VA medical care for 1 year,
and providing 7 million low-income children healthcare for 1 year.
Acting White House Chief of Staff Mick Mulvaney called OCO a slush
fund and a sham when he served in Congress, and there is growing
bipartisan support urging Congress to significantly cut OCO. That is
why I urge ``yes'' on this critical amendment to rein in our out-of-
control defense spending.
Mr. Chair, I yield 1 minute to the gentleman from Oregon (Mr.
DeFazio), my colleague.
Mr. DeFAZIO. Mr. Chair, I thank the gentlewoman for yielding.
Can you say ``slush fund''? OCO is basically a slush fund.
The idea was, oh, we went to war--more than a decade ago--and we
couldn't anticipate the expenses, so Congress passed an overseas
contingency account. It is not very well supervised by Congress, and as
you heard earlier, the Pentagon can't even account for the funds that
go in there.
But now, here we are. We can certainly anticipate what is going on
next year and the year after with the Pentagon. Why isn't it going
through the regular process within the Pentagon budget and with full
scrutiny by the United States Congress and, God forbid, maybe even
auditable? Imagine that.
The only agency of the Federal Government which is unable to pass an
audit is the Pentagon.
About a decade ago, I got an amendment on the floor to require an
audit, but it got taken out in a conference committee. What are they
afraid of in accounting for the dollars they get? And this is the least
accountable of all the dollars they get.
This is a modest reduction, and it would restore funding to the 2019
levels. You should vote for this amendment.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Colorado (Mr. Lamborn).
Mr. LAMBORN. Mr. Chairman, if you care about our warfighters who are
in theater tonight, this is the worst possible cut that we could give
the Department of Defense.
This says that overseas operations, where they are actually in places
like Afghanistan or Syria or Iraq, we are going to take the dollars
they are using to operate and stay safe and get the job done, and we
are whacking one-third off of that budget. We are taking a meat-cleaver
approach, not a scalpel. This is a meat-cleaver approach.
Besides the things that the chairman mentioned that would be cut
working with allies, intelligence, surveillance, and reconnaissance
would be cut, ISR.
{time} 1830
When our commanders have forces going out on a patrol, those patrols
want overhead observation before them, over them, behind them. That is
the kind of thing directly cut by this amendment.
When the troops come back, and the equipment has to be refurbished
and reset, that is cut by this amendment.
Mr. Chair, this is a very poorly thought out amendment, and I would
urge everyone to vote ``no.''
Ms. LEE of California. Mr. Chairman, this is a modest approach that
would ensure that Congress doesn't reward the Pentagon with even more
money after it failed its first agency-wide audit last year.
Recent polling shows that a majority of the public does not want
defense spending increased. Nearly three-quarters of Americans would
not support more of their tax dollars going to the Pentagon.
Mr. Chair, I urge my colleagues to vote ``yes'' on this critical
amendment, and we must move forward and at least begin to control this
out-of-control defense spending and support this amendment. I ask for
an ``aye'' vote.
The CHAIR. The time of the gentlewoman has expired.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. Waltz).
Mr. WALTZ. Mr. Chairman, this cut to the Overseas Contingency
Operations budget, to the operations and maintenance account, is an
attempt to back us out of the war on terror.
We all want peace. We all want these wars to go away, but that
doesn't mean we can just wish them away, that we can just cut an
account by over a third and wish these wars away like the Obama
administration tried to do in Iraq.
The reality is we can either fight these wars in places like Kabul
and Kandahar and Damascus and Baghdad, or this problem, particularly
the terrorism problem, the extremism problem, will follow us home to
places like Kansas City, San Bernardino, Orlando, New York, and others.
It is irresponsible, in the midst of a war--and I remind my
colleagues that we are in the midst of a war--to tie the Pentagon's
hands by cutting these funds when we have special operators, as we
speak today, as we are debating here today, in 72 countries, as we have
more American servicemembers deployed overseas than the entire armies
of the United Kingdom, Australia, and Canada combined, ensuring a
liberal world order that has ensured the greatest period of prosperity
since World War II that the world has ever known.
Mr. Chair, this is an irresponsible amendment. We can have this
debate over where we should be and how our servicemembers should be
deployed, but to cut their funds in the middle of the war on terror and
try to back us out of these wars because you disagree with them is the
height of irresponsibility.
We have a moral obligation to our servicemembers overseas. Mr. Chair,
I urge my colleagues to oppose this amendment.
Mr. THORNBERRY. Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Lee).
The question was taken; and the Chair announced that the ayes
appeared to have it.
Ms. LEE of California. Mr. Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentlewoman from California will be
postponed.
Amendment No. 50 Offered by Mr. Amash
The CHAIR. It is now in order to consider amendment No. 50 printed in
part B of House Report 116-143.
Mr. AMASH. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle E of title X, add the following new
section:
SEC. 10__. MODIFICATION AND REPEAL OF PROVISIONS RELATING TO
MILITARY DETENTION OF CERTAIN PERSONS.
(a) Disposition.--Section 1021 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10
U.S.C. 801 note) is amended--
(1) in subsection (c), by striking ``The disposition'' and
inserting ``Except as provided in subsection (g), the
disposition''; and
(2) by adding at the end the following new subsections:
``(g) Disposition of Persons Detained in the United
States.--
``(1) Persons detained pursuant to the authorization for
use of military force or the fiscal year 2012 national
defense authorization act.--In the case of a covered person
who is detained in the United States, or a territory or
possession of the United States, pursuant to the
Authorization for Use of Military Force or this Act,
disposition under the law of war shall occur immediately upon
the person coming into custody of the Federal Government and
shall only mean the immediate transfer of the person for
trial and proceedings by a court established under Article
III of the Constitution of the United States or by an
appropriate State court. Such trial and proceedings shall
have all the due process as provided for under the
Constitution of the United States.
``(2) Prohibition on transfer to military custody.--No
person detained, captured, or arrested in the United States,
or a territory or possession of the United States, may be
transferred to the custody of the Armed Forces for detention
under the Authorization for Use of Military Force or this
Act.
``(h) Rule of Construction.--This section shall not be
construed to authorize the detention of a person within the
United States, or a territory or possession of the United
States, under the Authorization for Use of Military Force or
this Act.''.
(b) Repeal of Requirement for Military Custody.--
(1) Repeal.--Section 1022 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10
U.S.C. 801 note).
(2) Conforming amendment.--Section 1029(b) of such Act is
amended by striking ``applies to'' and all that follows
through
[[Page H5645]]
``any other person'' and inserting ``applies to any person''.
The CHAIR. Pursuant to House Resolution 476, the gentleman from
Michigan (Mr. Amash) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. AMASH. Mr. Chair, I yield myself such time as I may consume.
The 2012 National Defense Authorization Act authorized the President
to order the indefinite detention of American citizens arrested on U.S.
soil without charge or trial.
The NDAA says that:
The Afghanistan AUMF, empowers the President to detain any
person who substantially supported associated forces of
terrorists.
``Substantial support'' and ``associated forces'' are not defined.
Who could this cover? An American citizen living in Michigan makes a
one-time donation to a nonviolent humanitarian group. Years later, the
group commits hostile acts against an ally of the U.S. Under the 2012
NDAA, if the President determines the group was associated with
terrorists, the President is authorized to detain the donor
indefinitely and without charge or trial.
This compromise amendment guarantees that persons arrested on U.S.
soil under the Afghanistan AUMF or the NDAA will be charged for their
wrongdoing and will receive a fair trial. The government will be
required to tell people detained on U.S. soil the allegations against
them, and the government will have to make its case before a judge,
just as the Constitution requires.
President Obama pledged in signing the 2012 NDAA that he ``will not
authorize the indefinite military detention without trial of American
citizens,'' saying that to do so ``would break with our most important
traditions and values. . . . ''
But, Americans' constitutionally protected rights should not depend
on Presidential promises or who is in charge. A free country is defined
by the rule of law, not the government's whim.
Mr. Chair, with that, I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I claim the time in opposition to the
amendment.
The CHAIR. The gentleman from Texas is recognized for 5 minutes.
Mr. THORNBERRY. Mr. Chair, I have no other speakers other than
myself, and I reserve the right to close.
Mr. AMASH. Mr. Chairman, I yield 1 minute to the gentleman from
Washington (Mr. Smith), the chairman of the committee.
Mr. SMITH of Washington. Mr. Chairman, this is an amendment that Mr.
Amash, Ms. Lee, I, and others have worked on in previous years. It is a
very simple principle.
Certainly, with the 9/11 attacks, with the terrorism threat that we
face, it is very real, and we need to make sure that our country is in
a position to defend ourselves against that.
But we also need to make sure that we protect the thing that gives us
our greatest strength, and that is the rule of law in our Constitution.
This amendment simply says you cannot use law of war detention against
people in the United States of America.
Our Article III courts have worked amazingly well throughout the
history of this country. Through many conflicts and many threats, they
worked very well to bring people to justice, lock them up, and protect
us.
In fact, there are hundreds of terrorists right now in U.S. prisons
who were prosecuted under Article III of the Constitution.
Article III and the history of the Supreme Court and other courts
that have laid out the laws that give us the basic protections are
essential to our liberty in this country.
We can protect ourselves and maintain our basic liberties. That is
what this amendment does.
Mr. Chair, I appreciate Mr. Amash bringing it, and I urge support.
Mr. AMASH. Mr. Chair, I yield 2 minutes to the gentlewoman from
California (Ms. Lee).
Ms. LEE of California. Mr. Chair, I thank Mr. Amash for yielding me
time and for his leadership on this issue.
Let me also thank Chairman Smith for his tremendous leadership of the
committee and for working with us on this critical amendment, as well
as so many other amendments in this bill.
Mr. Chairman, I rise in strong support of the Amash-Lee amendment to
the National Defense Authorization Act.
This amendment guarantees that persons arrested on U.S. soil under
the 2001 Authorization for Use of Military Force or provisions under
the 2012 NDAA will receive the due process that they deserve, as
required by the Constitution.
The 2012 NDAA codified worldwide detention authority that, as the
ACLU said at the time, ``violates the Constitution and international
law because it is not limited to people captured in an actual armed
conflict, as required by the laws of war.''
The Amash-Lee amendment would remedy that by repealing that provision
and ensuring that we remain consistent with our fundamental values.
Mr. Chairman, we should have no doubts that our Federal criminal
courts can handle international terrorism cases, and indeed they have.
The Department of Justice has charged, tried, and convicted more than
200 defendants for international terrorism crimes in these very Federal
courts.
That is why I urge my colleagues to vote ``yes'' on this critical
amendment. I, again, want to thank Representative Amash and Chairman
Smith for their leadership on this issue.
Mr. AMASH. Mr. Chairman, may I ask how much time remains.
The CHAIR. The gentleman from Michigan has 1 minute remaining.
Mr. AMASH. Mr. Chairman, leaving these powers on the books is not
only a dangerous threat to our civil liberties, but also undermines one
of our strongest assets in trying suspected terrorists: Article III
courts and domestic law enforcement.
Since September 11, the Federal Government has successfully
prosecuted hundreds of defendants charged with crimes related to
international terrorism. Our Constitution works.
Mr. Chairman, I want to thank my colleagues, Representative Barbara
Lee and Chairman Smith, for joining me on this amendment. I urge all of
my colleagues to support it, and I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, for some years now, there have been some people in the
country who go around ginning up concern that Americans are going to be
whisked out of their beds at night and taken to Guantanamo and left
there indefinitely.
This sort of scaremongering has been used to call attention to
themselves. It has been used to raise money.
As Chairman Smith noted, we have had some debates on this issue in
the past. It had kind of died down when everybody realized that 18
years after 9/11 it hadn't happened.
Yet, there are still some out in the countryside who try to frighten
people that, well, it could someday. Well, actually, it can't.
Let me read three provisions, starting with the FY 2012 NDAA that
said, ``Nothing in this section shall be construed to affect existing
law or authorities relating to the detention of U.S. citizens, lawful
resident aliens of the United States, or any other persons who are
captured or arrested in the United States.''
Now, that says nothing here affects any right of U.S. citizens or
those captured or detained inside the United States. That was part of
the law to begin with.
Another part of the law to begin with says, ``The requirement to
detain a person in military custody under this section . . . does not
extend to citizens of the United States.''
Well, we passed that in 2012. There were some concerns, so we come
back the very next year and have a rule of construction that has been
passed and signed into law.
It says that:
Nothing in that law or in the AUMF shall be construed to
deny the availability of the writ of habeas corpus or deny
any constitutional rights in a court ordained or established
by Article III of the Constitution for any person in the
United States when detained pursuant to an AUMF and who is
otherwise entitled to such writ or rights.
So, we have belts, suspenders, ropes, pretty much anything you can
think of, to make sure that no one inside the
[[Page H5646]]
United States, no U.S. citizen's constitutional right is affected. And
it hasn't been. For 18 years this has not been a problem.
So, I would suggest, Mr. Chairman, that it is not a problem now, that
it is not something that we need to tinker with, especially with so
many court decisions that have interpreted some of the legal issues
related to detainees.
In fact, we should push back against attempted scaremongering and
reject this amendment.
Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Michigan (Mr. Amash).
The question was taken; and the Chair announced that the ayes
appeared to have it.
Mr. THORNBERRY. Mr. Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Michigan will be postponed.
{time} 1845
Amendments En Bloc No. 6 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Mr. Chair, pursuant to House Resolution 476,
I offer amendments en bloc.
The CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 6 consisting of amendment Nos. 125, 126, 131,
218, 251, 310, 382, 410, and 418, printed in part B of House Report
116-143, offered by Mr. Smith of Washington:
Amendment No. 125 Offered by Ms. Dean of Pennsylvania
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. FUNDING FOR CDC ATSDR PFAS HEALTH STUDY INCREMENT.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program,
as specified in the corresponding funding table in section
4501, for the CDC ATSDR PFAS health study increment is hereby
increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance,
Admin and Service-wide Activities, line 460, Office of the
Secretary of Defense, as specified in the corresponding
funding table in section 4301, is hereby reduced by
$5,000,000.
Amendment No. 126 Offered by Ms. Dean of Pennsylvania
Amend section 318 to read as follows:
SEC. 318. REPLACEMENT OF FLUORINATED AQUEOUS FILM-FORMING
FOAM WITH FLUORINE-FREE FIRE-FIGHTING AGENT.
(a) Use of Fluorine-Free Foam at Military Installations.--
Not later than January 31, 2023, the Secretary of the Navy
shall publish a military specification for a fluorine-free
fire-fighting agent for use at all military installations to
ensure such agent is available for use by not later than
December 31, 2024.
(b) Prohibition on Use.--Fluorinated aqueous film-forming
foam may not be used at any military installation on or after
September 30, 2025, or before such date, if possible.
(c) Waiver.--
(1) In general.--Subject to paragraph (2), the Secretary of
Defense may grant a waiver to the prohibition under
subsection (b) with respect to the use of fluorinated aqueous
film-forming foam at a specific military installation if the
Secretary submits to the congressional defense committees, by
not later than 30 days prior to issuing the waiver--
(A) notice of the waiver; and
(B) certification, in writing, that the waiver is necessary
for the protection of life and safety.
(2) Basis for waiver.--Any certification submitted under
paragraph (1)(B) shall document the basis for the waiver and,
at a minimum, shall include the following:
(A) A detailed description of the threat justifying the
waiver and a description of the imminence, urgency, and
severity of such threat.
(B) An analysis of potential populations impacted by
continued use of fluorinated aqueous film forming foam and
why the waiver outweighs the impact to such populations.
(C) An analysis of potential economic effects, including
with respect to agriculture, livestock, and water systems of
continued use of fluorinated aqueous film forming foam and
why the waiver outweighs such effects.
(3) Limitation.--A waiver under this subsection shall apply
for a period that does not exceed one year. The Secretary may
extend any such waiver once for an additional period that
does not exceed one year.
amendment no. 131 offered by mrs. dingell of michigan
Page 150, after line 5, insert the following new section:
SEC. 324. PROHIBITION ON PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES IN MEALS READY-TO-
EAT FOOD PACKAGING.
(a) Prohibition.--Not later than October 1, 2020, the
Director of the Defense Logistics Agency shall ensure that
any food contact substances that are used to assemble and
package meals ready-to-eat (MREs) procured by the Defense
Logistics Agency do not contain any perfluoroalkyl substances
or polyfluoroalkyl substances.
(b) Definitions.--In this section:
(1) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a man-made chemical of which all of the
carbon atoms are fully fluorinated carbon atoms.
(2) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a man-made chemical containing a mix of
fully fluorinated carbon atoms, partially fluorinated carbon
atoms, and nonfluorinated carbon atoms.
amendment no. 218 offered by mr. kildee of michigan
At the end of subtitle B of title III, insert the
following:
SEC. 3__. COMPTROLLER GENERAL STUDY ON PFAS CONTAMINATION.
(a) Study Required.--The Comptroller General of the United
States shall conduct a review of the efforts of the
Department of Defense to clean up per- and polyfluoroalkyl
substances (in this section referred to as ``PFAS'')
contamination in and around military bases as well as the
Department's efforts to mitigate the public health impact of
the contamination.
(b) Elements.--The study required by subsection (a), shall
include the following:
(1) An assessment of--
(A) when the Department of Defense discovered that drinking
water sources used by members of the Armed Forces and
residents of communities surrounding military bases were
contaminated with PFAS;
(B) after learning that the drinking water was
contaminated, when the Department of Defense notified members
of the Armed Forces and residents of communities surrounding
military bases that their drinking water is contaminated with
PFAS;
(C) after providing such notification, how much time lapsed
before those affected were given alternative sources of
drinking water;
(D) the number of installations and surrounding communities
currently drinking water that is contaminated with PFAS above
the EPA's advisory limit;
(E) the amount of money the Department of Defense has spent
on cleaning up PFAS contamination through the date of
enactment of this Act;
(F) the number of sites where the Department of Defense has
taken action to remediate PFAS contamination or other
materials as a result of the use of firefighting foam on
military bases;
(G) factors that might limit or prevent the Department of
Defense from remediating PFAS contamination or other
materials as a result of the use of firefighting foam on
military bases;
(H) the estimated total cost of clean-up of PFAS;
(I) the cost to the Department of Defense to discontinue
the use of PFAS in firefighting foam and to develop and
procure viable replacements that meet military
specifications; and
(J) the number of members of the Armed Forces who have been
exposed to PFAS in their drinking water above the EPA's
Health Advisory levels during their military service.
(2) An evaluation of what the Department of Defense could
have done better to mitigate the release of PFAS
contamination into the environment and expose service
members.
(3) Any other elements the Comptroller General may deem
necessary.
(c) Results.--
(1) Interim briefing.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General shall
provide to the congressional defense committees, the
Committee on Energy and Commerce of the House of
Representatives and the Committee on the Environment and
Public Works of the Senate a briefing on the preliminary
findings of the study required by this section.
(2) Final results.--The Comptroller General shall provide
the final results of the study required by this section to
the congressional defense committees, the Committee on Energy
and Commerce of the House of Representatives and the
Committee on the Environment and Public Works of the Senate
at such time and in such format as is mutually agreed upon by
the committees and the Comptroller General at the time of
briefing under paragraph (1).
Amendment No. 251 Offered by Mr. Levin of Michigan
At the end of subtitle B of title III, insert the
following:
SEC. 3__. DISPOSAL OF MATERIALS CONTAINING PER- AND
POLYFLUOROALKYL SUBSTANCES OR AQUEOUS FILM-
FORMING FOAM.
The Secretary of Defense shall ensure that when materials
containing per- and polyfluoroalkyl substances (referred to
in this section as ``PFAS'') or aqueous film forming foam are
disposed--
(1) all incineration is conducted in a manner that
eliminates PFAS while also ensuring that no PFAS is emitted
into the air;
(2) all incineration is conducted in accordance with the
requirements of the Clean Air
[[Page H5647]]
Act (42 USC 7401 et seq.), including controlling hydrogen
fluoride;
(3) any materials containing PFAS that are designated for
disposal are stored in accordance with the requirement under
part 264 of title 40, Code of Federal Regulations; and
(4) no incineration is conducted at any facility that
violated the requirements of the Clean Air Act (42 U.S.C.
7401 et seq.) during the 12-month period preceding the date
of disposal.
Amendment No. 310 Offered by Mr. Pappas of New Hampshire
At the end of subtitle B of title III, insert the
following:
SEC. 3__. PROHIBITION ON USE OF PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES FOR LAND-BASED
APPLICATIONS OF FIREFIGHTING FOAM.
(a) Limitation.--After October 1, 2022, no amount
authorized to be appropriated or otherwise made available for
the Department of Defense may be obligated or expended to
procure firefighting foam that contains in excess of one part
per billion of perfluoroalkyl substances and polyfluoroalkyl
substances.
(b) Prohibition on Use of Existing Stocks.--Not later than
October 1, 2023, the Secretary of Defense shall cease the use
of firefighting foam containing in excess of one part per
billion of perfluoroalkyl substances and polyfluoroalkyl
substances;
(c) Exemption for Shipboard Use.--Subsections (a) and (b)
shall not apply to firefighting foam for use solely onboard
ocean-going vessels.
(d) Definitions.--In this section:
(1) The term ``perfluoroalkyl substances'' means aliphatic
substances for which all of the H atoms attached to C atoms
in the nonfluorinated substance from which they are
notionally derived have been replaced by F atoms, except
those H atoms whose substitution would modify the nature of
any functional groups present.
(2) The term ``polyfluoroalkyl substances'' means aliphatic
substances for which all H atoms attached to at least one
(but not all) C atoms have been replaced by F atoms, in such
a manner that they contain the perfluoroalkyl moiety
CnF2n+1_ (for example,
C8F17CH2CH2OH).
amendment no. 382 offered by mr. turner of ohio
At the end of subtitle B of title III, add the following:
SEC. 3__. AGREEMENTS TO SHARE MONITORING DATA RELATING TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
AND OTHER CONTAMINANTS OF CONCERN.
(a) In General.--The Secretary of Defense shall seek to
enter into agreements with municipalities or municipal
drinking water utilities located adjacent to military
installations under which both the Secretary and the
municipalities and utilities would share monitoring data
relating to perfluoroalkyl substances, polyfluoroalkyl
substances, and other emerging contaminants of concern
collected at the military installation.
(b) Public Communication.--An agreement under subsection
(a) does not negate the responsibility of the Secretary to
communicate with the public about drinking water
contamination from perfluoroalkyl substances, polyfluoroalkyl
substances, and other contaminants.
(c) Military Installation Defined.--In this section, the
term ``military installation'' has the meaning given that
term in section 2801(c) of title 10, United States Code.
Amendment No. 410 Offered by Mr. Kildee of Michigan
At the end of subtitle B of title III, insert the
following:
SEC. 3__. DETECTION OF PERFLUORINATED COMPOUNDS.
(a) Performance Standard for the Detection of
Perfluorinated Compounds.--
(1) In general.--The Director of the United States Geologic
Survey shall establish a performance standard for the
detection of perfluorinated compounds.
(2) Emphasis.--
(A) In general.--In developing the performance standard
under subsection (a), the Director shall emphasize the
ability to detect as many perfluorinated compounds present in
the environment as possible using analytical methods that are
as sensitive as is feasible and practicable.
(B) Requirement.--In developing the performance standard
under subsection (a), the Director may--
(i) develop quality assurance and quality control measures
to ensure accurate sampling and testing;
(ii) develop a training program with respect to the
appropriate method of sample collection and analysis of
perfluorinated compounds; and
(iii) coordinate as necessary with the Administrator to
develop methods to detect individual and different
perfluorinated compounds simultaneously.
(b) Nationwide Sampling.--
(1) In general.--The Director shall carry out a nationwide
sampling to determine the concentration of perfluorinated
compounds in estuaries, lakes, streams, springs, wells,
wetlands, rivers, aquifers, and soil using the performance
standard developed under subsection (a)(1).
(2) Requirements.--In carrying out the sampling under
paragraph (1), the Director shall--
(A) first carry out the sampling at sources of drinking
water near locations with known or suspected releases of
perfluorinated compounds;
(B) when carrying out sampling of sources of drinking water
under paragraph (1), carry out the sampling prior to any
treatment of the water;
(C) survey for ecological exposure to perfluorinated
compounds, with a priority in determining direct human
exposure through drinking water; and
(D) consult with--
(i) States to determine areas that are a priority for
sampling; and
(ii) the Administrator--
(I) to enhance coverage of the sampling; and
(II) to avoid unnecessary duplication.
(3) Report.--Not later than 150 days after the completion
of the sampling under paragraph (1), the Director shall
prepare a report describing the results of the sampling and
submit the report to--
(A) the Committee on Environment and Public Works and the
Committee on Energy and Natural Resources of the Senate;
(B) the Committee on Natural Resources and the Committee on
Energy and Commerce of the House of Representatives;
(C) the Senators of each State in which the Director
carried out the sampling; and
(D) each Member of the House of Representatives that
represents a district in which the Director carried out the
sampling.
(c) Data Usage.--
(1) In general.--The Director shall provide the sampling
data collected under subsection (b) to--
(A) the Administrator of the Environmental Protection
Agency; and
(B) other Federal and State regulatory agencies on request.
(2) Usage.--The sampling data provided under subsection (a)
shall be used to inform and enhance assessments of exposure,
likely health and environmental impacts, and remediation
priorities.
(d) Collaboration.--In carrying out this section, the
Director shall collaborate with--
(1) appropriate Federal and State regulators;
(2) institutions of higher education;
(3) research institutions; and
(4) other expert stakeholders.
(e) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 301, the Secretary
of Defense may, without regard to section 2215 of title 10,
United States Code, transfer not more than $5,000,000 to the
Secretary of the Interior to carry out nationwide sampling
under this section. Any funds transferred under this section
may not be used for any other purpose, except those specified
under this section.
(f) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301, as specified in the
corresponding funding table in section 4301, Total Operation
and Maintenance, Defense-Wide, Line 080, for the Detection of
Perfluorinated Compounds is hereby increased by $5,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for Procurement of Wheeled and
Tracked Combat Vehicles, Army, as specified in the
corresponding funding table in section 4101, for Bradley
Program (Mod) is hereby reduced by $5,000,000.
(g) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``Director'' means the Director of the United
States Geological Survey.
(3) The term ``perfluorinated compound'' means a
perfluoroalkyl substance or a polyfluoroalkyl substance that
is manmade with at least 1 fully fluorinated carbon atom.
(4) The term ``fully fluorinated carbon atom'' means a
carbon atom on which all the hydrogen substituents have been
replaced by fluorine.
(5) The term ``nonfluorinated carbon atom'' means a carbon
atom on which no hydrogen substituents have been replaced by
fluorine.
(6) The term ``partially fluorinated carbon atom'' means a
carbon atom on which some, but not all, of the hydrogen
substituents have been replaced by fluorine.
(7) The term ``perfluoroalkyl substance'' means a manmade
chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
(8) The term ``polyfluoroalkyl substance'' means a manmade
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
Amendment No. 418 Offered by Mrs. Dingell of Michigan
Add at the end of subtitle B of title III the following new
section:
SEC. __. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS
CONTAMINATION BY PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES.
(a) Cooperative Agreements.--
(1) In general.--Upon request from the Governor or chief
executive of a State, the Secretary of Defense shall work
expeditiously, pursuant to section 2701(d) of title
[[Page H5648]]
10, United States Code, to finalize a cooperative agreement,
or amend an existing cooperative agreement to address
testing, monitoring, removal, and remedial actions relating
to the contamination or suspected contamination of drinking,
surface, or ground water from PFAS originating from
activities of the Department of Defense by providing the
mechanism and funding for the expedited review and approval
of documents of the Department related to PFAS investigations
and remedial actions from an active or decommissioned
military installation, including a facility of the National
Guard.
(2) Minimum standards.--A cooperative agreement finalized
or amended under paragraph (1) shall meet or exceed the most
stringent of the following standards for PFAS in any
environmental media:
(A) An enforceable State standard, in effect in that State,
for drinking, surface, or ground water, as described in
section 121(d)(2)(A)(ii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(ii)).
(B) An enforceable Federal standard for drinking, surface,
or ground water, as described in section 121(d)(2)(A)(i) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).
(C) A health advisory under section 1412(b)(1)(F) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
(3) Other authority.--In addition to the requirements for a
cooperative agreement under paragraph (1), when otherwise
authorized to expend funds for the purpose of addressing
ground or surface water contaminated by a perfluorinated
compound, the Secretary of Defense may, to expend those
funds, enter into a grant agreement, cooperative agreement,
or contract with--
(A) the local water authority with jurisdiction over the
contamination site, including--
(i) a public water system (as defined in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f)); and
(ii) a publicly owned treatment works (as defined in
section 212 of the Federal Water Pollution Control Act (33
U.S.C. 1292)); or
(B) a State, local, or Tribal government.
(b) Report.--Beginning on February 1, 2020, if a
cooperative agreement is not finalized or amended under
subsection (a) within one year after the request from the
Governor or chief executive under that subsection, and
annually thereafter, the Secretary of Defense shall submit to
the appropriate committees and Members of Congress a report--
(1) explaining why the agreement has not been finalized or
amended, as the case may be; and
(2) setting forth a projected timeline for finalizing or
amending the agreement.
(c) Definitions.--In this section:
(1) Appropriate committees and members of congress.--The
term ``appropriate committees and Members of Congress''
means--
(A) the congressional defense committees;
(B) the Senators who represent a State impacted by PFAS
contamination described in subsection (a)(1); and
(C) the Members of the House of Representatives who
represent a district impacted by such contamination.
(2) Fully fluorinated carbon atom.--The term ``fully
fluorinated carbon atom'' means a carbon atom on which all
the hydrogen substituents have been replaced by fluorine.
(3) PFAS.--The term ``PFAS'' means perfluoroalkyl and
polyfluoroalkyl substances that are man-made chemicals with
at least one fully fluorinated carbon atom.
(4) State.--The term ``State'' has the meaning given the
term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
The CHAIR. Pursuant to House Resolution 476, the gentleman from
Washington (Mr. Smith) and the gentleman from Texas (Mr. Thornberry)
each will control 10 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Mr. Chair, I yield 2 minutes to the
gentlewoman from Michigan (Mrs. Dingell).
Mrs. DINGELL. Mr. Chair, I rise to speak on two important amendments
that have been included in this en bloc.
Michigan has been hit very hard by this PFAS contamination. It is in
our drinking water, groundwater, rivers, lakes, and ponds. We can't eat
the fish that are being caught.
These harmful chemicals are found in way too many places, and they
are discovering more contamination sites each day.
Just today, 100 new PFAS contamination sites were identified, with
many sites registering PFAS levels above 100,000 parts per trillion.
EPA's nonenforceable health advisory is 70 parts per trillion. And the
more we test, the more we find.
There are two amendments here. I was proud to work with Fred Upton,
Dan Kildee, and Tim Walberg on legislation that is included in this en
bloc that would require the Department of Defense to enter into
cooperative agreements with States to mitigate PFAS contamination
resulting from their facilities.
Unfortunately, firefighting foam was used at more than 100 military
bases and has impacted them and the surrounding communities across the
country. We need an all-hands-on-deck response to the growing PFAS
contamination at military facilities.
Also included is a bipartisan amendment to protect our servicemembers
from ever being exposed to harmful PFAS chemicals in MREs, Meal, Ready-
to-Eat.
MREs are carried by our servicemembers in the field of operations or
when engaged in training exercises. Our warfighters depend on MREs for
their survival, so it is critical these food packages are completely
safe. Currently, there is no prohibition on the use of PFAS chemicals
in MREs, and they are in there.
This bipartisan amendment would proactively correct this and simply
prohibit the Defense Logistics Agency from using any food contact
substances with PFAS to assemble or package MREs.
I thank Chairman Smith for including both of these amendments.
Mr. THORNBERRY. Mr. Chair, I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I yield 1\1/2\ minutes to the
gentleman from Michigan (Mr. Kildee).
Mr. KILDEE. Mr. Chair, I thank the chairman of the committee for
working with me on addressing this PFAS contamination issue.
Today, the House is taking historic action to address PFAS
contamination that is hurting communities, including communities like
the city of Oscoda in my district in Michigan.
At the beginning of the year, I launched the bipartisan Congressional
PFAS Task Force to bring together Members of Congress who are dealing
with contamination in their districts. We wanted to work together on
meaningful legislation to address PFAS and to protect public health.
I am very pleased to stand here today, 6 months later, in support of
these amendments. The package of amendments included in this en bloc
will help address PFAS contamination and ensure people have access to
safe drinking water.
Included in the package are three of my amendments.
The first would direct the U.S. Geological Survey to look for PFAS
contamination around the country so we know where people are
potentially exposed.
My second amendment would require the Government Accountability
Office to conduct a review of the military's response to PFAS
contamination and its efforts to clean it up.
Another amendment that I was proud to work on with my friend,
Congresswoman Dean from Pennsylvania, is to end the use of PFAS by the
military by 2025. This will protect servicemembers from being exposed
to these dangerous chemicals.
These provisions will mean fewer veterans, servicemembers, and
families will face struggles like those in my district have faced. I am
proud to see this come to the floor. I thank the chairman for his work
on this.
Mr. THORNBERRY. Mr. Chair, I yield 2 minutes to the distinguished
gentlewoman from West Virginia (Mrs. Miller).
Mrs. MILLER. Mr. Chair, I rise today to speak about my amendment
included in en bloc No. 11.
Mr. Chair, my amendment would bestow the privilege of lying in honor
in the rotunda of the United States Capitol to the last surviving Medal
of Honor recipient of the Second World War.
From the beaches of Normandy, across the seas of Japan, and into the
deserts of Africa, the Greatest Generation fought selflessly to protect
freedom around the world. It is our duty to honor the sacrifices they
made to safeguard hope and liberty for all.
The walls of this historic building have seen the most courageous
members of our society. Americans from coast to coast come here to pay
their respects to the heroes of our history, an ability that would not
be possible without the responsibilities that fell on to our brave
parents and grandparents.
We must ensure our children and grandchildren remember those who
worked to secure our Nation and freed the world from tyranny.
When I started working on this, there were four. Now, there are only
three
[[Page H5649]]
living recipients of the Medal of Honor who went above and beyond the
call of duty during World War II, one of whom is a dear friend and West
Virginia native, Hershel ``Woody'' Williams, who fought valiantly
during the Battle of Iwo Jima.
In this time of deep political divide, honoring our Nation's greatest
heroes is something we can all come together and agree upon. I ask all
Members to support my amendment to honor our Greatest Generation and
preserve their legacy as defenders of freedom.
Mr. SMITH of Washington. Mr. Chair, I yield 2 minutes to the
gentleman from California (Mr. Panetta).
Mr. PANETTA. Mr. Chair, today, I rise in support of an amendment to
the underlying bill, the National Defense Authorization Act.
The NDAA is a bill that articulates our defense priorities and
secures our national interests. I am very, very proud and thankful to
Chairman Smith and committee staff to have incorporated a number of
provisions into this bill. Of particular importance, I am honored to
have included a provision that improves privatized military housing.
I think all of us can agree that it is imperative that the Department
of Defense develop a holistic solution to remedy systemic privatized
military housing issues and empower servicemembers and their families.
I saw this need firsthand in my district while engaging with
servicemember constituents throughout this past year. That is why I
offered legislation that was included in the NDAA that enhanced
transparency, communication, and accountability standards.
The core elements of this bill, the Better Military Housing Act,
included a tenant bill of rights, housing advocacy, and an improved
work order system.
This amendment that I am speaking about today adds two additional
important provisions.
First, it authorizes an additional $5 million for new military
housing construction, utilizing the Army's high-performance and healthy
living All-American Abode design.
Second, it requires the Department of Defense to provide an
accounting for the legal services available to servicemembers harmed by
health or environmental hazards while living in privatized military
housing.
We must continue to prioritize the health and safety and the
lifestyles of our servicemembers and their families. They serve us.
Let's continue to serve them.
I thank Chairman Smith, the committee, the professional staff, and my
colleagues for their support on my amendments.
Mr. THORNBERRY. Mr. Chair, I continue to reserve the balance of my
time.
Mr. SMITH of Washington. Mr. Chair, I yield 2 minutes to the
gentleman from Michigan (Mr. Levin).
Mr. LEVIN of Michigan. Mr. Chair, I thank Chairman Smith for giving
me these minutes to talk about two amendments that I have brought forth
that are part of this en bloc.
First is an amendment about PFAS, which we have heard a little bit
about already. It is important to understand that our military is
storing and planning to destroy millions of gallons of material that
contain PFAS, which is a class of chemicals that contaminate drinking
water and is linked to serious health problems.
These materials must be destroyed for the sake of the health of our
communities, but that needs to be done in a way that protects our
environment, not in a way that causes us yet more harm.
My amendment directs the Secretary of Defense to ensure that all
incineration of materials containing PFAS is conducted in a manner that
eliminates PFAS while also ensuring that no PFAS is emitted into the
air in the process. It also sets clear guardrails for storage,
byproducts, and appropriate facilities for disposal.
I thank Mr. Khanna for cosponsoring this measure so we can protect
our communities from further PFAS contamination.
The second amendment I wish to address will help us understand the
universe of defense contractors that have willfully violated Federal
health, safety, and labor standards that protect American workers.
American people work hard to build the infrastructure necessary to keep
our country safe. We have a responsibility to honor that work by paying
them fairly and keeping them safe, as the law requires.
We have a responsibility to make sure that contractors taking Federal
dollars are not recklessly neglecting the health, safety, and dignity
of our working people. That is why this simple amendment is so
necessary.
I thank Congresswoman Haaland for cosponsoring this amendment, and I
thank, again, Chairman Smith for all of his hard work.
Mr. THORNBERRY. Mr. Chair, I yield 3 minutes to the distinguished
gentleman from Illinois (Mr. Shimkus).
Mr. SHIMKUS. Mr. Chair, I want to start talking about science and
jurisdiction and why it is important to go through regular order.
We just heard my colleagues talk about PFAS or PFOS or PFOA, three
different things that mean three different things. What my colleagues
have done is lumped them all into one category. If you eliminate one
class of chemicals, you take the F-16 and you ground it. You have got
Ethernet cables, fiber channel assemblies, round cable assemblies,
shielded twisted pair, EMI.
This is a National Defense Authorization bill, and the Rules
Committee has allowed an amendment on the National Defense
Authorization bill that would ground the F-16s without doing due
justice to science and the committees of jurisdiction.
There are a couple of other problems with the en bloc amendment.
Again, this amendment requires action on all PFAS, all of it. There
may be 3,000 to 5,000 different permutations of this chemical. All
these substances are not alike.
Also, EPA has said it knows little of the PFAS class and only has a
valid tool to really identify 18 out of the 3,000 to 5,000
formulations. If EPA can only identify right now 18, how do you
identify 1,500 permutations of this chemical?
Second, the amendment skirts scientific risk criteria and dismisses
expert administration review, especially the provisions banning PFAS in
MREs--we heard that--and containers.
According to the Food and Drug Administration, I mentioned this
earlier on another amendment, this would ban substances used in
assembling and packaging, which there is no known safety concern. The
FDA approves packaging for food, but we are going to ban packaging for
food when it is the jurisdiction of the Food and Drug Administration,
which is not the jurisdiction of HASC.
Third, as drafted, these amendments could create confusion,
overreach, and mismatched responsibility among Federal partners. The
PFAS ban and the MRE language requires the Defense Logistics Agency to
implement it, but MREs are sold at commercial grocery stores. So are we
going to have the Defense Logistics Agency police PFAS MRE packaging in
the local Piggly Wiggly or Walmart or other guns and knives stores?
{time} 1900
The incineration provisions require the Secretary of Defense to
administer and enforce requirements on incineration of items.
The CHAIR. The time of the gentleman has expired.
Mr. THORNBERRY. Mr. Chairman, I yield an additional 2 minutes to the
gentleman from Illinois.
Mr. SHIMKUS. So we have been attacking the administration of the
Department of Defense saying they can't do their job, they don't meet
the IG standards, and now we are going to put them in control of air
emissions and clean air standards.
That is what this does when you allow amendments to a bill that are
not germane to the underlying committee.
Last, provisions require the U.S. Geological Survey to come up with
PFAS detection performance standards, instituting a nationalized
sampling program at PFAS-contaminated sites and own the results. Yet
the Environmental Protection Agency, which only has a minor ability to
consult role, has statutory responsibility for cleanup sites. USGS will
be messing around with and will be dependent upon the USGS to obtain
its data.
So it is the EPA that is responsible for cleanup, but we are going to
give
[[Page H5650]]
the U.S. Geological Survey the responsibility.
Many of these amendments are not germane to the defense authorization
or have received process to ensure they don't create problems. Quality
work in these areas would have followed regular order. Americans
deserve that we are as careful doing our jobs as they are doing theirs.
We mentioned this in the other amendment.
I am working with Chairman Tonko to address perfluorinated compounds.
It is a very difficult issue. We have experts in the majority; we have
experts in the minority that deal with chemicals. This is not the place
to do it, and I would ask people to vote against the amendment en bloc.
Mr. SMITH of Washington. Mr. Chairman, I urge adoption of en bloc No.
6, and I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendments en bloc offered by the
gentleman from Washington (Mr. Smith).
The en bloc amendments were agreed to.
Amendments En Bloc No. 7 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Mr. Chair, pursuant to House Resolution 476,
I offer amendments en bloc.
The CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 7 consisting of amendment Nos. 166, 167, 168,
169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182,
183, 184, 185, 186, 187, 188, and 189 printed in part B of House Report
116-143, offered by Mr. Smith of Washington:
Amendment No. 166 Offered by Mr. Gottheimer of New Jersey
Page 686, after line 2, insert the following new
subparagraph (and redesignate succeeding subparagraphs
accordingly):
(L) adversary actions that threaten freedom of navigation
on international waterways, including attacks on foreign
ships and crews;
Amendment No. 167 Offered by Mr. Gottheimer of New Jersey
Add at the end of title XIII the following:
SEC. 13__. COOPERATIVE THREAT REDUCTION PROGRAM ENHANCEMENT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the congressional defense
committees and the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate a report regarding the Cooperative Threat
Reduction Program (established pursuant to the Department of
Defense Cooperate Threat Reduction Act (enacted as subtitle B
of title XIII of the Carl Levin and Howard P. `Buck' McKeon
National Defense Authorization Act for Fiscal Year 2015 (50
U.S.C. 3701 et seq.)), including recommendations to improve
the implementation of such Program.
Amendment No. 168 Offered by Mr. Gottheimer of New Jersey
Page 779, line 14, insert ``Hamas, Hizballah, Palestine
Islamic Jihad, al-Shabaab, Islamic Revolutionary Guard
Corps'' after ``al Sham,''.
Amendment No. 169 Offered by Mr. Gottheimer of New Jersey
Page 306, line 2, strike ``or'' at the end.
Page 306, line 3, strike ``and'' at the end and insert
``or''.
Page 306, after line 3, add the following new subparagraph:
(D) anti-Semitism; and
Amendment No. 170 Offered by Mr. Graves of Louisiana
Page 603, after line 5, insert the following:
SEC. 898. INDIVIDUAL ACQUISITION FOR COMMERCIAL LEASING
SERVICES.
(a) Extension.--Section 877(c) of the John S. McCain
National Defense Authorization Act For Fiscal Year 2019 (41
U.S.C. 3302 note) is amended by striking ``2022'' and
inserting ``2025''.
(b) Audit.--Section 887(b)(1) of such Act is amended by
striking ``biennial audits'' and inserting ``audits every
five years''.
Amendment No. 171 Offered by Mr. Graves of Louisiana
At the end of subtitle I of title V, add the following:
SEC. 584. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR
VIETNAM SERVICE MEDAL.
The Secretary of the military department concerned may,
upon the application of an individual who is a veteran who
participated in Operation End Sweep, award that individual
the Vietnam Service Medal.
amendment no. 172 offered by mr. graves of louisiana
At the end of subtitle D of title VI, add the following:
SEC. 632. REPORT REGARDING MANAGEMENT OF MILITARY
COMMISSARIES AND EXCHANGES.
(a) Report Required.--Not later than 180 days after the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report regarding
management practices of military commissaries and exchanges
(b) Elements.--The report required under this section shall
include a cost-benefit analysis with the goals of--
(1) reducing the costs of operating military commissaries
and exchanges by $2,000,000,000 during fiscal years 2020
through 2024; and
(2) not raising costs for patrons of military commissaries
and exchanges.
amendment no. 173 offered by mr. graves of louisiana
At the end of subtitle B of title V, insert the following
new sections:
SEC. 520. NATIONAL GUARD SUPPORT TO MAJOR DISASTERS.
Section 502(f) of title 32, United States Code, is
amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Operations or missions authorized by the President or
the Secretary of Defense to support large scale, complex,
catastrophic disasters, as defined by section 311(3) of title
6, United States Code, at the request of a State governor.'';
and
(2) by adding at the end the following:
``(4) With respect to operations or missions described
under paragraph (2)(C), there is authorized to be
appropriated to the Secretary of Defense such sums as may be
necessary to carry out such operations and missions, but only
if--
``(A) an emergency has been declared by the governor of the
applicable State; and
``(B) the President has declared the emergency to be a
major disaster for the purposes of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.''.
SEC. 520A. REPORT ON METHODS TO ENHANCE DOMESTIC RESPONSE TO
LARGE SCALE, COMPLEX AND CATASTROPHIC
DISASTERS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation and coordination with the Federal Emergency
Management Agency, the National Security Council, the Council
of Governors, and the National Governors Association, shall
submit to the congressional defense, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on their plan to establish policy and
processes to implement the authority provided by the
amendments made by section 520. The report shall include a
detailed examination of the policy framework consistent with
existing authorities, identify major statutory or policy
impediments to implementation, and make recommendations for
legislation as appropriate.
(b) Contents.--The report submitted under paragraph (1)
shall include a description of--
(1) the current policy and processes whereby governors can
request activation of the National Guard under title 32,
United States Code, as part of the response to large scale,
complex, catastrophic disasters that are supported by the
Federal Government and, if no formal process exists in
policy, the Secretary of Defense shall provide a timeline and
plan to establish such a policy, including consultation with
the Council of Governors and the National Governors
Association;
(2) the Secretary of Defense's assessment, informed by
consultation with the Federal Emergency Management Agency,
the National Security Council, the Council of Governors, and
the National Governors Association, regarding the sufficiency
of current authorities for the reimbursement of National
Guard and Reserve manpower during large scale, complex,
catastrophic disasters under title 10 and title 32, United
States Code, and specifically whether reimbursement
authorities are sufficient to ensure that military training
and readiness are not degraded to fund disaster response, or
invoking them degrades the effectiveness of the Disaster
Relief Fund;
(3) the Department of Defense's plan to ensure there is
parallel and consistent policy in the application of the
authorities granted under section 12304a of title 10, United
States Code, and section 502(f) of title 32, United States
Code, including--
(A) a description of the disparities between benefits and
protections under Federal law versus State active duty;
(B) recommended solutions to achieve parity at the Federal
level; and
(C) recommended changes at the State level, if appropriate;
(4) the Department of Defense's plan to ensure there is
parity of benefits and protections for military members
employed as part of the response to large scale, complex,
catastrophic disasters under title 32 or title 10, United
States Code, and recommendations for addressing shortfalls;
and
(5) a review, by the Federal Emergency Management Agency,
of the current policy for, and an assessment of the
sufficiency of, reimbursement authority for the use of all
National Guard and Reserve, both to the Department of Defense
and to the States, during large scale, complex, catastrophic
disasters, including any policy and legal limitations, and
cost assessment impact on Federal funding.
amendment no. 174 offered by mr. green of tennessee
Page 380, insert after line 23 the following (and
redesignate succeeding paragraphs accordingly):
[[Page H5651]]
(7) The availability and usage of the assistance of
chaplains, houses of worship, and other spiritual resources
for members of the Armed Forces who identify as religiously
affiliated and have attempted suicide, have suicidal
ideation, or are at risk of suicide, and metrics on the
impact these resources have in assisting religiously-
affiliated members who have access to and utilize them
compared to religiously-affiliated members who do not.
amendment no. 175 offered by ms. haaland of new mexico
Page 699, after line 17, insert the following:
SEC. 1075. HUMAN RIGHTS IN BRAZIL.
No later than 180 days after enactment of the Act, the
Secretary of Defense and the Secretary of State shall jointly
submit a report to the Committees on Armed Services of the
House of Representatives and the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate, including--
(1) an assessment of the human rights climate in Brazil and
the commitment to human rights by the security forces of
Brazil, including military and civilian forces;
(2) an assessment of whether Brazilian security-force units
that are found to be engaged in human rights abuses may have
received or purchased United States equipment and training;
and
(3) if warranted, a strategy to address any found human
rights abuses by the security forces of Brazil, including in
the context of Brazil's newly conferred Major Non-NATO Ally
status.
Amendment No. 176 Offered by Ms. Haaland of New Mexico
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. PROHIBITION ON CONTRACTING WITH ENTITIES LACKING A
SEXUAL HARASSMENT POLICY.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
revise the Defense Federal Acquisition Regulation Supplement
to state that the policy of the Department of Defense is that
the Secretary of Defense may enter into a contract only with
an entity that has an employee policy penalizing instances of
sexual harassment.
(b) Debarment.--If an entity that does not have an employee
policy penalizing instances of sexual harassment seeks to
enter into a contract with the Department of Defense, the
Secretary of Defense shall initiate a debarment proceeding in
accordance with procedures in the Federal Acquisition
Regulation against such entity.
Amendment No. 177 Offered by Mr. Hagedorn of Minnesota
Add at the end of subtitle F of title VIII the following:
SEC. 882. ACCELERATED PAYMENTS APPLICABLE TO CONTRACTS WITH
CERTAIN SMALL BUSINESS CONCERNS UNDER THE
PROMPT PAYMENT ACT.
Section 3903(a) of title 31, United States Code, is
amended--
(1) in paragraph (1)(B), by inserting ``except as provided
in paragraphs (10) and (11),'' before ``30 days'';
(2) in paragraph (8), by striking ``and'';
(3) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(10) for a prime contractor (as defined in section
8701(5) of title 41) that is a small business concern (as
defined under section 3 of the Small Business Act (15 U.S.C.
632)), to the fullest extent permitted by law, require that
the head of an agency establish an accelerated payment date
with a goal of 15 days after a proper invoice for the amount
due is received if a specific payment date is not established
by contract; and
``(11) for a prime contractor (as defined in section
8701(5) of title 41) that subcontracts with a small business
concern (as defined under section 3 of the Small Business Act
(15 U.S.C. 632)), to the fullest extent permitted by law,
require that the head of an agency establish an accelerated
payment date with a goal of 15 days after a proper invoice
for the amount due is received if--
``(A) a specific payment date is not established by
contract; and
``(B) such prime contractor agrees to make payments to such
subcontractor in accordance with such accelerated payment
date, to the maximum extent practicable, without any further
consideration from or fees charged to such subcontractor.''.
Amendment No. 178 Offered by Mr. Hastings of Florida
At the end of subtitle B of title VIII, add the following
new section:
SEC. 831. REPORTING ON EXPENSES INCURRED FOR INDEPENDENT
RESEARCH AND DEVELOPMENT COSTS.
(a) Reporting on Independent Research and Development
Costs.--Section 2372 of title 10, United States Code, is
amended--
(1) in the second sentence of subsection (a), by striking
``shall be reported'' and all that follows through ``indirect
costs.'' and inserting the following: ``shall be reported--
``(1) independently from other allowable indirect costs;
and
``(2) annually by the contractor to the Defense Technical
Information Center, who shall give access to the information
to the Under Secretary of Defense for Research and
Engineering, the Director of the Defense Contract Audit
Agency, and the Director of the Defense Management Audit
Agency.''.
(b) Report to Congress.--Such section is further amended by
adding at the end the following new subsection:
``(f) Report to Congress.--Not later than March 31, 2020,
and biennially thereafter, the Under Secretary of Defense for
Research and Engineering, in coordination with the Director
of the Defense Contract Management Agency, the Director of
the Defense Contract Audit Agency, and the Defense Technical
Information Center, shall submit to the congressional defense
committees aggregate cost data on the independent research
and development programs of the contractor. The report shall
include--
``(1) an analysis of such programs completed during the
two-year period preceding the date of the report, including
the extent to which such programs align with the
modernization priorities of the most recent national defense
strategy (as described by section 113 of this title);
``(2) an estimate of the extent to which such programs
produced, or sought to produce, disruptive technologies or
incremental technologies;
``(3) with respect to each contractor subject to the
reporting requirement under subsection (a)--
``(A) a comparison of the total amount of independent
research and development costs submitted for reimbursement
under the annual incurred cost proposal of such contractor
and the amount reported to the Defense Technical Information
Center; and
``(B) a summary of any issues relating to the ownership or
distribution of intellectual property rights raised by such
contractor relating to an independent research and
development program of such contractor.''.
(c) Report to GAO.--The Secretary of Defense shall submit
to the Comptroller General of the United States the first
such report required under subsection (f) of section 2372 of
title 10, United States Code (as added by subsection (a)), so
that the Comptroller General may perform a review of the
information provided in the report.
Amendment No. 179 Offered by Mr. Hastings of Florida
At the end of subtitle B of title VIII, add the following
new section:
SEC. 831. REPORTING ON EXPENSES INCURRED FOR BID AND PROPOSAL
COSTS.
Section 2372a(a) of title 10, United States Code, is
amended--
(1) in the second sentence, by striking ``shall be
reported'' and all that follows through ``indirect costs.''
and inserting the following: ``shall be reported--
``(1) independently from other allowable indirect costs;
and
``(2) annually by the contractor to the Director of the
Defense Contract Audit Agency, who shall give access to the
information to the Principal Director for Defense Pricing and
Contracting.''.
amendment no. 180 offered by mr. hastings of florida
At the end of subtitle B of title VIII, add the following
new section:
SEC. 831. REPEAL OF THE DEFENSE COST ACCOUNTING STANDARDS
BOARD.
(a) Repeal.--Section 190 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by striking
the item relating to section 190.
amendment no. 181 offered by mr. hastings of florida
At the end of subtitle G of title V, insert the following
new section:
SEC. 567. TRANSITION OUTREACH PILOT PROGRAM.
(a) Establishment.--Not later than 90 days after the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of Veterans Affairs, Labor,
Education, and Homeland Security, and the Administrator of
the Small Business Administration, shall establish a pilot
program through the Transition to Veterans Program Office
that fosters contact between veterans and the Department of
Defense.
(b) Contact.--The Secretary of Defense, and with respect to
members of the Coast Guard, the Secretary of the Department
in which the Coast Guard is operating when it is not
operating as a service in the Navy, shall direct the Military
Transition Assistance Teams of the Department of Defense to
contact each veteran from the Armed Forces at least twice
during each of the first three months after the veteran
separates from the Armed Forces to--
(1) inquire about the transition of the separated member to
civilian life, including--
(A) employment;
(B) veterans benefits;
(C) education;
(D) family life; and
(2) hear concerns of the veteran regarding transition.
(c) Termination.--The Secretary shall complete operation of
the pilot program under this section not later than September
30, 2020.
(d) Report.--Not later than 90 days after termination of
the pilot program under this section, the Secretary of
Defense shall submit a report to Congress regarding such
pilot program, including the following, disaggregated by
armed force:
(1) The number of veterans contacted, including how many
times such veterans were contacted.
(2) Information regarding the age, sex, and geographic
region of contacted veterans.
[[Page H5652]]
(3) Concerns most frequently raised by the veterans.
(4) What benefits the contacted veterans have received, and
an estimate of the cost to the Federal Government for such
benefits.
(5) How many contacted veterans are employed or have sought
employment, including what fields of employment.
(6) How many contacted veterans are enrolled or have sought
to enroll in a course of education, including what fields of
study.
(7) Recommendations for legislation to improve the long-
term effectiveness of TAP and the well-being of veterans.
(e) Definitions.--In this section:
(1) The term ``armed force'' has the meaning given that
term in section 101 of title 10, United States Code.
(2) The term ``TAP'' means the Transition Assistance
Program under sections 1142 and 1144 of title 10, United
States Code.
(3) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
amendment no. 182 offered by mr. hastings of florida
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. 12__. SENSE OF CONGRESS ON THE ENDURING UNITED STATES
COMMITMENT TO THE FREELY ASSOCIATED STATES.
It is the sense of Congress that--
(1) the United States has strong and enduring interests in
the security and prosperity of Oceania and the Western
Pacific region, including close relationships with the
countries of Palau, the Marshall Islands and the Federated
States of Micronesia, with whom the United States shares
Compacts of Free Association;
(2) the United States and the Freely Associated States
share values including democracy and human rights, as well as
mutual interest in a free, open and prosperous Indo-Pacific
region;
(3) the United States should expand support to the Freely
Associated States on issues of concern, including climate
change mitigation, protection of the marine environment and
maritime law enforcement;
(4) the United States should expeditiously begin
negotiations on the renewal of the Compacts of Free
Association and conclude such negotiations prior to the
expiration of the current compacts in 2023 and 2024; and
(5) the United States honors the service of the men and
women of the Freely Associated States who serve in the United
States Armed Forces.
amendment no. 183 offered by mr. heck of washington
At the end of subtitle F of title V, add the following new
section:
SEC. 5__. INCLUSION OF INFORMATION ON FREE CREDIT MONITORING
IN ANNUAL FINANCIAL LITERACY BRIEFING.
The Secretary of each military department shall ensure that
the annual financial literacy education briefing provided to
servicemembers includes information on the availability of
free credit monitoring services pursuant to section 605A(k)
of the Fair Credit Reporting Act (15 U.S.C. 1681c-1(k)).
amendment no. 184 offered by mr. heck of washington
At the end of subtitle H of title X, insert the following:
SEC. 10__. INTEROPERABILITY OF COMMUNICATIONS BETWEEN
MILITARY INSTALLATIONS AND ADJACENT
JURISDICTIONS.
Not later than 12 months after the date of the enactment of
this Act, the Department of Defense Fire and Emergency
Services Working Group shall submit to the congressional
defense committees a report that includes--
(1) an identification of all military installations that
provide emergency services to areas outside of their
installations, make them aware of the Amtrak Passenger Train
501 Derailment in DuPont, Washington, and determine the
effectiveness of the communications system between that
military installation and the adjacent jurisdictions; and
(2) an implementation plan to address any deficiencies with
interoperability caused by the incompatibility between the
Department of Defense communications system and that of
adjacent civilian agencies.
amendment no. 185 offered by mr. higgins of new york
At the end of subtitle H of title X, add the following new
section:
SEC. 10__. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS
PROGRAM.
Of the funds authorized to be appropriated by this Act for
fiscal year 2020 for the Department of Defense, the Secretary
of Defense may contribute up to $5,000,000 to support the
National Maritime Heritage Grants Program established under
section 308703 of title 54, United States Code.
amendment no. 186 offered by ms. hill of california
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. DOMESTIC PRODUCTION OF SMALL UNMANNED AIRCRAFT
SYSTEMS.
The Secretary of Defense shall take such action as
necessary to strengthen the domestic production of small
unmanned aircraft systems (as defined in section 331 of the
FAA Modernization and Reform Act of 2012 (Public Law 112-95;
49 U.S.C. 44802 note)), as described under Presidential
Determination No. 2019-13 of June 10, 2019.
Amendment No. 187 Offered by Mr. Hollingsworth of Indiana
At the end of subtitle C of title VII, add the following:
SEC. ___. SENSE OF THE HOUSE OF REPRESENTATIVES ON INCREASING
RESEARCH AND DEVELOPMENT IN BIOPRINTING AND
FABRICATION IN AUSTERE MILITARY ENVIRONMENTS.
It is the sense of the House of Representatives that the
Defense Health Agency should take appropriate actions to
increase efforts focused on research and development in the
areas of bioprinting and fabrication in austere military
environments.
Amendment No. 188 Offered by Ms. Kendra S. Horn of Oklahoma
At the appropriate place in title VI, insert the following:
SEC. 6__. REDUCTIONS ON ACCOUNT OF EARNINGS FROM WORK
PERFORMED WHILE ENTITLED TO AN ANNUITY
SUPPLEMENT.
Section 8421a of title 5, United States Code, is amended in
subsection (c)--
(1) by striking ``full-time as an air traffic control
instructor'' and inserting ``as an air traffic control
instructor, or supervisor thereof,''; and
(2) by inserting ``or supervisor'' after ``an instructor''.
Amendment No. 189 Offered by Ms. Kendra S. Horn of Oklahoma
At the end of subtitle D of title III, add the following
new section:
SEC. 345. INSPECTOR GENERAL AUDIT OF CERTAIN COMMERCIAL DEPOT
MAINTENANCE CONTRACTS.
The Inspector General of the Department of Defense shall
conduct an audit of each military department and Defense
Agency (as defined in section 101 of title 10, United States
Code), as applicable, to determine if there has been any
excess profit or cost escalation with respect to any sole-
source contracts relating to commercial depot maintenance
(including contracts for parts, supplies, equipment, and
maintenance services).
The CHAIR. Pursuant to House Resolution 476, the gentleman from
Washington (Mr. Smith) and the gentleman from Texas (Mr. Thornberry)
each will control 10 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Mr. Chairman, I yield 2 minutes to the
gentlewoman from New Hampshire (Ms. Kuster).
Ms. KUSTER of New Hampshire. Mr. Chair, I thank the distinguished
gentleman from Washington for yielding.
I was pleased to offer an amendment to H.R. 2500 to expand the
liberal consideration standard given by discharge review boards and
boards for the correction of military records to victims of military
sexual trauma, to survivors of intimate partner violence and domestic
abuse.
Members of the Armed Forces who were victims of intimate partner
violence have sometimes received less than honorable discharges because
of behavior caused by their underlying trauma. This discharge status
may exclude them from receiving veterans benefits, including services
to help address their trauma.
Less than honorable discharge statuses are associated with higher
rates of homelessness and suicide. Simply put, these discharge statuses
are retraumatizing, and survivors deserve better.
My amendment would have ensured victims of intimate partner violence
receive the same liberal consideration standard as other victims of
sexual assault in the Armed Forces. All survivors should be believed
and treated with compassion, regardless of the violence they
experienced.
I appreciate the willingness of the House Armed Services Committee
staff to work with my team to try to get this provision included in the
House NDAA. Unfortunately, due to budgetary rules, we were unable to
find a path forward. A provision that mirrors my amendment was included
in the Senate NDAA, thanks to the tremendous leadership of Senators
Gillibrand and Ernst.
Chairman Smith, when the House and Senate conferences our two bills,
will you work with the Senate to see this provision included in the
final conference bill?
I yield to the gentleman from Washington (Mr. Smith).
Mr. SMITH of Washington. Mr. Chairman, I thank the gentlewoman from
New Hampshire for her leadership on this issue, and I agree that it is
a very important issue.
Absolutely, we will work with the Senate to do our best to address it
once we get to conference, and, again, I thank the gentlewoman for her
work on this.
[[Page H5653]]
Ms. KUSTER of New Hampshire. Mr. Chair, I thank the gentleman for his
response.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the gentleman from
New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. I thank my good friend, the distinguished
ranking member, for yielding.
Mr. Chairman, for years, books and articles have been written
suggesting that significant research had been done at U.S. Government
facilities, including Fort Detrick and Plum Island, to turn ticks and
other insects into bioweapons. Now, a new book, ``Bitten: The Secret
History of Lyme Disease and Biological Weapons,'' by Kris Newby,
includes interviews with Dr. Willy Burgdorfer, the researcher who is
credited with discovering Lyme disease. It turns out Dr. Burgdorfer was
also a bioweapons specialist.
The interviews combined with access to Dr. Burgdorfer's lab files
reveal that he and other bioweapons specialists stuffed ticks with
pathogens to cause severe disability, disease, even death to potential
enemies.
With Lyme disease and other tick-borne diseases exploding in the
United States, with an estimated 300,000 to 427,000 new cases each year
and 10 to 20 percent of all patients suffering from chronic Lyme
disease, I believe Americans have a right to know whether any of this
is true.
If true, what were the parameters of the program?
Who ordered it?
Was there any accidental release anywhere or at any time of any of
the diseased ticks?
Were any ticks released by design?
In the book, there is some talk of that happening at or near
Richmond, Virginia. Can any of this information help current-day
researchers--and this is most important of all--help current-day
researchers find a way to mitigate and maybe even cure these diseases?
It should be noted for the record that it was President Richard Nixon
in 1969 who ordered the end to all bioweapons research, but we know
that there were tick farms at Plum Island and Fort Detrick, like I said
earlier, and other places where this research was done.
We need to know. I encourage Members to read this book if they get
the time, ``Bitten: The Secret History of Lyme Disease and Biological
Weapons.'' Again, it may offer some clues as to how we combat this
terrible epidemic of Lyme disease in the United States.
My amendment tasks the DoD Inspector General to ask the hard
questions and report back. The millions of people suffering from Lyme
and other tick-borne diseases deserve to know the truth.
Mr. SMITH of Washington. Mr. Chairman, I yield 2 minutes to the
gentlewoman from New Mexico (Ms. Haaland), a member of the committee.
Ms. HAALAND. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I rise today in support of my amendment requiring
reporting on human rights in Brazil in light of the Bolsonaro
administration's dangerous actions.
President Bolsonaro has said he wants to strip constitutional land
rights from Brazil's indigenous people. He has openly stated that
indigenous people should have been exterminated.
His threats go beyond words. Bolsonaro's administration has already
begun infringing upon the rights of indigenous people and other
vulnerable groups.
Despite this alarming behavior, President Trump named Brazil a major
non-NATO ally. Congress can and must use its authority to direct and
block funds and conduct oversight.
The Bolsonaro administration must understand that increased U.S.
cooperation is conditional upon respect for the rights of the people of
Brazil, including indigenous people, Afro-Brazilians, women, and LGBTQ
communities.
Congress is watching, and we must demand accountability.
Mr. Chairman, I also rise to support my amendment, which prohibits
the Department of Defense from contracting with companies that do not
have a sexual harassment policy.
Now more than ever, people are empowered to speak up and change the
culture in the workplace. Congress, the Department of Defense, and many
other workplaces have or are implementing policies to hold perpetrators
accountable. We must demand the same from those who do business with
our government.
In fiscal year 2017, the Department of Defense spent $320 billion on
contractors. If these contractors are going to receive Federal dollars,
they should be subject to the same accountability.
My amendment will ensure that contractors have sexual harassment
policies in place prior to signing on the dotted line. All workers must
be protected in the workplace, especially when they are working to
protect our country.
I urge my colleagues to support workers and pass this amendment and
pass the en bloc package.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from California (Mr. McCarthy), our Republican leader.
Mr. McCARTHY. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, on July 4, a 6.4 magnitude earthquake hit Ridgecrest,
California. A day later, our Ridgecrest community experienced a 7.1
magnitude earthquake.
To put that in perspective, the Northridge quake that, 20 years ago,
severely cost 60 lives and others and crippled Los Angeles was less
than that.
People felt this throughout southern California, but the epicenter of
these earthquakes was located on the Naval Air Weapons Station China
Lake.
Hundreds of aftershocks have already occurred and are still
occurring.
The Navy announced that, due to earthquake-related damage, China Lake
was not mission capable and that nonessential personnel had to be
evacuated. This is significant because China Lake, along with
neighboring installations, form a cornerstone of our national defense
architecture that integrates all operational domains: air, land, sea,
space, and cyberspace.
The men and women who work here help test and develop the technology
needed to equip our warfighters with the very best weapons and tools to
ensure our military remains second to none.
Now, my amendment, which I offered with Congressman Cook, was
included in the en bloc package. It would authorize $100 million to
help address China Lake's most immediate needs, and it requires the
Department of Defense to develop a plan by October 1 to assess, repair,
and modernize the infrastructure and facilities at China Lake and other
installations in the R-2508 Special Use Airspace Complex that was
damaged by the earthquakes.
The extent of this damage is still being assessed, but we need to
ensure that we are not only repairing this important base to address
the threats facing our Nation today, but in the years ahead.
Mr. Chairman, I want to be clear to my constituents in Ridgecrest, in
Kern County, this amendment is just an initial step in helping China
Lake and the communities I represent impacted by these earthquakes make
sure they recover.
Over the coming days, weeks, and months, I ask my colleagues in this
Chamber and the U.S. Senate to join with me to ensure Ridgecrest, China
Lake, and all communities impacted by earthquakes and natural disasters
have our full support and are provided the resources they need to
quickly rebuild and get back to normal.
I also ask my colleagues to join me in thanking all the local first
responders, the local, State, and Federal emergency response officials
who have worked nonstop over the past several days to ensure our
constituents affected in Ridgecrest were safe, have food and water and
a place to sleep.
Finally, I also want to thank the thousands of residents across our
communities for their help, their actions, and their prayers for their
neighbors in need.
It is said adversity does not build character; it reveals it.
Earthquakes can shake our foundations, but the residents of Ridgecrest
should hold their heads high. In this time of adversity, their true
character has shown and is an inspiration to all of us.
I urge my colleagues to support this amendment.
{time} 1915
Mr. SMITH of Washington. Mr. Chairman, I yield 2 minutes to the
gentleman from New Jersey (Mr. Gottheimer).
[[Page H5654]]
Mr. GOTTHEIMER. Mr. Chairman, I thank Chairman Smith, Ranking Member
Thornberry, and all the Armed Services Committee members for all their
hard work on this bill.
I rise in support of the en bloc package, which contains four
amendments I have introduced.
Mr. Chair, Iran has engaged in reckless conduct, destabilizing the
region, with their attacks on allied tankers near the Strait of Hormuz
and with the support of terrorist organizations, including Hezbollah
and Hamas. We must remain vigilant with Iran.
My amendment ensures that the Defense Department reports on threats
to freedom of navigation on all international waterways.
My second amendment directs the Defense and State Departments to send
recommendations to Congress to improve the Cooperative Threat Reduction
Program. This will help eliminate nuclear material and prevent
proliferation.
My third amendment prohibits funds and support from going to foreign
terrorist organizations, including Hamas, Hezbollah, Palestinian
Islamic Jihad, al-Shabaab, and the Islamic Revolutionary Guard Corps,
by adding these to the prohibited list in section 1224 of this bill. We
must stop terrorism in its tracks.
Finally, brave Americans of every background have served in our Armed
Forces, including Jewish American veterans who fought Nazis in World
War II.
My fourth amendment requires the Defense Department to question
whether our Active Duty servicemembers have experienced anti-Semitism
while bravely serving our country.
Mr. Chair, I urge support for this bipartisan en bloc package of
amendments.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Arkansas (Mr. Hill).
Mr. HILL of Arkansas. Mr. Chair, I thank the chairman of the full
committee, and I thank the ranking member for yielding.
Today I rise in support of Mr. Rose's amendment to the National
Defense Authorization Act. This amendment, which I cosponsored, takes
the necessary steps to target bad actors responsible for the illegal
trafficking of fentanyl into the United States.
Across Arkansas, heartbroken families have told me their stories time
and time again about how the opioid crisis has claimed the lives of
their loved ones.
According to the CDC, in 2017, more than 130 Americans lost their
lives to opioid abuse each day, nearly half of those deaths
attributable to fentanyl.
We have a responsibility to stem the tide of this crisis. Targeting
the source of the world's largest producers and distributors of
fentanyl will begin to stop the flow of these drugs.
Mr. Chair, I am grateful to Mr. Rose for this effort, which
complements work that I have been doing over the past year with my
friend, Senator Tom Cotton, to fight this plague.
Mr. Chair, I thank the ranking member for yielding, and I urge a
``yes'' vote on this en bloc package.
Mr. SMITH of Washington. Mr. Chairman, I yield 2 minutes to the
gentleman from Rhode Island (Mr. Langevin).
Mr. LANGEVIN. Mr. Chair, I thank the gentleman for yielding.
Mr. Chairman, I rise in support of this en bloc package, and I would
also like to speak in favor of en bloc package No. 10, which includes
four of my amendments.
The first would mandate that the President provide Congress with a
copy of National Security Presidential Memorandums related to military
operations in cyberspace.
Congress has a vital role to play in ensuring that offensive cyber
operations do not inadvertently undermine stability in cyberspace.
Unfortunately, the White House has continuously stymied our efforts and
attempts to conduct this constitutionally-protected oversight, refusing
to provide important policy documents that took effect nearly a year
ago.
Ironically, I have largely supported the administration's more
forward-leaning posture, but regardless of my feelings towards the
underlying strategy, it is unacceptable that the White House continues
to stonewall our attempts to oversee sensitive operations. This
amendment will stop that obstruction.
A second amendment ensures that new software acquisition pathways
will include cybersecurity metrics. I strongly support updating how the
Pentagon buys software, but it is important that we have explicit
measures of the security of the code that we are buying.
Now, I hope that this amendment will both drive the adoption of
metrics related to common software weaknesses and lead to broader
changes, such as increased use of type-safe programming languages.
Finally, this package includes two amendments related to our Special
Operations Forces.
The first extends by 3 years a relatively new irregular warfare
authority, which is designed to address threats in the gray zone below
the level of armed conflict in order to gauge its use and
effectiveness.
The second would strengthen requirements that the Department notify
Congress before exercising a counterterrorism authority referred to as
127 Echo. This authority has proven its worth over the last decade, but
I believe that we must continue to improve our rigorous oversight to
ensure appropriate use.
Mr. Chairman, I urge adoption of this en bloc package and my
amendments in en bloc package No. 10.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Virginia (Mr. Riggleman).
Mr. RIGGLEMAN. Mr. Chairman, I rise today in support of my amendment,
which directs the Secretary of Defense to develop a plan for a pilot
program to train skilled technicians for placement in the defense
industrial base, including critical shipbuilding skills such as
welding, metrology, quality assurance, machining, and additive
manufacturing.
Mr. Chair, I would like to begin by thanking my friends, colleagues,
and fellow Virginians, Representatives Luria, Wittman, McEachin, and
Beyer, for their partnership on this amendment.
Our Nation's defense industrial base is a critical aspect of our
Nation's national security and economic prosperity. We must continue to
adapt this industry to respond to the emerging challenges and global
realities that face our country. One such challenge is training a
workforce that can maintain the required tools and products our Armed
Forces need.
The Defense Industrial Base report to the President dated October
2018 stated: ``Without concerted action that provides both a ready
workforce and continuously-charged pipeline of new employees, the U.S.
will not be able to maintain the large, vibrant, and diverse machine
tools sector needed.''
This amendment helps the Department of Defense close the gap in our
Nation's workforce that threatens our global competitiveness and
military capabilities. It will help America modernize its workforce and
create a pipeline of new employees who support our security apparatus.
Mr. Chair, I urge my colleagues to support this amendment.
Mr. SMITH of Washington. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Oklahoma (Ms. Kendra S. Horn).
Ms. KENDRA S. HORN of Oklahoma. Mr. Chairman, I thank Chairman Smith
for yielding.
I rise today to speak about two amendments in this en bloc package
that are critical to the Nation's security and good governance.
The first is a bipartisan amendment that addresses the need for
oversight and accountability in our national security infrastructure.
This bipartisan amendment directs the IG to audit DOD departments and
agencies to determine if excess profit and cost escalation on sole-
source contracts has taken place. This is important not only for our
bases and maintenance, but it impacts our Nation's readiness.
While we understand that contractors and suppliers need to make a
profit, that doesn't mean that our taxpayer dollars should go to fund
excess profits and escalations that are well outside of the norm.
This good governance is reasonable and helps us to ensure our
Nation's security while being good stewards of the taxpayer dollars.
[[Page H5655]]
The second amendment in this en bloc package addresses our Nation's
security in a different way: that of the air traffic controllers, who
pay into their retirement throughout their career until they are forced
to retire at the age of 56, many of whom are our Nation's veterans.
Right now, we are experiencing a severe shortage of air traffic
controllers across this Nation, and retired air traffic controllers are
some of the most qualified supervisors and trainers. However, under
current law, all FERS retirees either must work under 1.5 days per week
or full-time, otherwise, they lose their Federal retirement.
This amendment allows all retirees to simply retain their hard-earned
retirement dollars that they have paid in, so we can train the next
generation of air traffic controllers.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Minnesota (Mr. Stauber).
Mr. STAUBER. Mr. Chair, I thank the chairman and ranking member for
including my amendments in these en bloc amendments.
Mr. Chair, my amendment is simple. It requires the Secretary of the
Navy to create a report regarding the feasibility of doing maintenance
work on naval vessels at shipyards other than shipyards in the vessel's
home port.
Currently, the Navy has a tremendous maintenance backlog, but under
current law, there are certain restrictions that limit where naval
vessels can undertake maintenance repair. Unless these restrictions are
lifted, the Navy's backlog will only increase exponentially.
At the same time, there are fully qualified shipyards in the rest of
the United States, including the Great Lakes region, Gulf Coast, and
Alaska, that can perform repair work for certain types of naval
vessels. Yards such as Fraser Shipyards in Superior, Wisconsin, have
the capacity and skills to do this work. They just need the chance.
I know Fraser Shipyards and others are dedicated to the national
security mission of the United States and would be an efficient and
competent service provider, and I am certain Fraser Shipyards and
others within the Great Lakes do not stand alone in this process.
Although these vessels may not be homeported in these regions of the
country, it should be within the Secretary's discretion to decide what
types of vessels could be sent to such shipyards to help with the
Navy's maintenance backlog. This could include noncombatant vessels,
vessels with minimal crews, or other vessels that only need limited
periods of time in shipyards for the repair work.
The opportunity to create additional geographic repair centers
presents the United States Navy an opportunity to diversify their
industrial base, create resiliency, and improve our military readiness.
Mr. Chair, I want to thank Congressman Duffy and Congressman Cox for
cosponsoring this amendment, and I encourage all of my colleagues to
support the en bloc amendment.
Mr. SMITH of Washington. Mr. Chair, I have no further speakers. I
reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I have no further speakers on this en
bloc package, and I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I urge adoption of the en bloc
package, and I yield back the balance of my time.
The CHAIR. The question is on the amendments en bloc offered by the
gentleman from Washington (Mr. Smith).
The en bloc amendments were agreed to.
Amendments En Bloc No. 8 Offered by Ms. Kendra S. Horn of Oklahoma
Ms. KENDRA S. HORN of Oklahoma. Mr. Chair, pursuant to House
Resolution 476, I offer amendments en bloc as the designee for Mr.
Smith of Washington.
The CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 8 consisting of amendment Nos. 191, 192, 193,
194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207,
208, 209, 210, 211, 212, 213, 214, and 215 printed in part B of House
Report 116-143, offered by Ms. Kendra S. Horn of Oklahoma:
amendment no. 191 offered by mr. horsford of nevada
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. INCREASE IN FUNDING FOR AIR FORCE UNIVERSITY
RESEARCH INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Air Force, basic research, University Research
Initiatives, line 002 (PE 0601103F) is hereby increased by
$5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-wide, operating
forces, Special Operations Command Theater Forces, line 100
is hereby reduced by $5,000,000.
amendment no. 192 offered by ms. houlahan of pennsylvania
At the end of subtitle F of title VIII, add the following
new section:
SEC. 882. POSTAWARD EXPLANATIONS FOR UNSUCCESSFUL OFFERORS
FOR CERTAIN CONTRACTS.
Not later than 180 days after the date of the enactment of
this Act, the Federal Acquisition Regulation shall be revised
to require that with respect to an offer for a task order or
delivery order in an amount greater than the simplified
acquisition threshold (as defined in section 134 of title 41,
United States Code) and less than or equal to $5,500,000
issued under an indefinite delivery-indefinite quantity
contract, the contracting officer for such contract shall,
upon written request from an unsuccessful offeror, provide a
brief explanation as to why such offeror was unsuccessful
that includes a summary of the rationale for the award and an
evaluation of the significant weak or deficient factors in
the offeror's offer.
amendment no. 193 offered by ms. houlahan of pennsylvania
At the end of subtitle A of title VI, add the following:
SEC. 606. CONTINUED ENTITLEMENTS WHILE A MEMBER OF THE ARMED
FORCES PARTICIPATES IN A CAREER INTERMISSION
PROGRAM.
Section 710(h) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) the entitlement of the member and of the survivors of
the member to all death benefits under the provisions of
chapter 75 of this title;
``(4) the provision of all travel and transportation
allowances for the survivors of deceased members to attend
burial ceremonies under section 481f of title 37; and
``(5) the eligibility of the member for general benefits as
provided in part II of title 38.''.
amendment no. 194 offered by ms. houlahan of pennsylvania
Add at the end of subtitle G of title XII the following:
SEC. 1268. REPORT ON IMPLICATIONS OF CHINESE MILITARY
PRESENCE IN DJIBOUTI.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
that contains a comprehensive strategy to address security
concerns posed by the Chinese People's Liberation Army
Support Base in Djibouti to United States military
installations and logistics chains in sub-Saharan Africa and
the Middle East.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) An assessment of the potential military, intelligence,
and logistical threats facing key regional United States
military infrastructure, supply chains, and staging grounds
due to the proximity of major Chinese military assets in
Djibouti.
(2) An assessment of the efforts taken by Camp Lemonnier to
improve aviation safety in the aftermath of the recent
Chinese military targeting of American flight crews with
military-grade lasers.
(3) An assessment of Djibouti's Chinese-held public debt
and the strategic vulnerabilities such may present if China
moves to claim the Port of Djibouti or other key logistical
assets in repayment.
(4) A description of the specific operational challenges
facing United States military and supply chains in the Horn
of Africa and the Middle East in the event that access to the
strategically significant Port of Djibouti becomes limited or
lost in its entirety, as well as a comprehensive contingency
strategy to maintain full operational capacity in AFRICOM and
CENTCOM through other ports and transport hubs.
(5) An identification of measures to mitigate risk of
escalation between United States and Chinese military assets
in Djibouti.
(6) Any other matters the Secretary of Defense considers
appropriate.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
[[Page H5656]]
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
amendment no. 195 offered by ms. jackson lee of texas
At the end of subtitle C of title XXVIII, add the following
new section:
SEC. 28__. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO
PROVIDE SURVIVORS OF NATURAL DISASTERS WITH
EMERGENCY SHORT-TERM HOUSING.
Not later than 220 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report analyzing the
capacity of the Department of Defense to provide survivors of
natural disasters with emergency short-term housing.
amendment no. 196 offered by ms. jackson lee of texas
At the appropriate place in subtitle G of title XII, insert
the following:
SEC. 12__. REPORT ON EFFORTS TO COMBAT BOKO HARAM IN NIGERIA
AND THE LAKE CHAD BASIN.
(a) Sense of Congress.--Congress--
(1) strongly condemns the ongoing violence and the
systematic gross human rights violations against the people
of Nigeria and the Lake Chad Basin carried out by Boko Haram;
(2) expresses its support for the people of Nigeria and the
Lake Chad Basin who wish to live in a peaceful, economically
prosperous, and democratic region; and
(3) calls on the President to support Nigerian, Lake Chad
Basin, and international community efforts to ensure
accountability for crimes against humanity committed by Boko
Haram against the people of Nigeria and the Lake Chad Basin,
particularly the young girls kidnapped from Chibok and other
internally displaced persons affected by the actions of Boko
Haram.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of State, and the Attorney General shall jointly
submit to Congress a report on efforts to combat Boko Haram
in Nigeria and the Lake Chad Basin.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of initiatives undertaken by the
Department of Defense to assist the Government of Nigeria and
countries in the Lake Chad Basin to develop capacities to
deploy special forces to combat Boko Haram.
(B) A description of United States activities to enhance
the capacity of Nigeria and countries in the Lake Chad Basin
to investigate and prosecute human rights violations
perpetrated against the people of Nigeria and the Lake Chad
Basin by Boko Haram, al-Qaeda affiliates, and other terrorist
organizations, in order to promote respect for rule of law in
Nigeria and the Lake Chad Basin.
amendment no. 197 offered by ms. jackson lee of texas
At the end of subtitle F of title XII, add the following
new section:
SEC. 12__. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO
PROTECT UNITED STATES STUDENTS AGAINST FOREIGN
AGENTS.
Not later than 240 days after the date of the enactment of
this Act, the Secretary of Defense shall provide a briefing
to the congressional defense committees on the program
described in section 1277 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91),
including an assessment on whether the program is beneficial
to students interning, working part time, or in a program
that will result in employment post-graduation with
Department of Defense components and contractors.
amendment no. 198 offered by ms. jackson lee of texas
At the end of subtitle A of title V, add the following:
SEC. 5___. REPORT ON RATE OF MATERNAL MORTALITY AMONG MEMBERS
OF THE ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, and with respect to
members of the Coast Guard, the Secretary of the Department
in which the Coast Guard is operating when it is not
operating as a service in the Navy, shall submit to Congress
a report on the rate of maternal mortality among members of
the Armed Forces and the dependents of such members.
amendment no. 199 offered by ms. jackson lee of texas
At the end of subtitle A of title XVI, add the following
new section:
SEC. 16__. REPORT ON SPACE DEBRIS.
(a) In General.--Not later than 240 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
on the risks posed by man-made space debris in low-earth
orbit, including--
(1) recommendations with respect to the remediation of such
risks; and
(2) outlines of plans to reduce the incident of such space
debris.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of
Representatives; and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
Amendment No. 200 Offered by Ms. Jackson Lee of Texas
At the end of subtitle C of title XVI, add the following
new section:
SEC. 16__. REPORT ON CYBERSECURITY TRAINING PROGRAMS.
Not later than 240 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that accounts for
all of the efforts, programs, initiatives, and investments of
the Department of Defense to train elementary, secondary, and
postsecondary students in fields related to cybersecurity,
cyber defense, and cyber operations. The report shall--
(1) include information on the metrics used to evaluate
such efforts, programs, initiatives, and investments, and
identify overlaps or redundancies across the various efforts,
programs, initiatives, and investments; and
(2) address how the Department leverages such efforts,
programs, initiatives, and investments in the recruitment and
retention of both the civilian and military cyberworkforces.
Amendment No. 201 Offered by Ms. Jackson Lee of Texas
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE
NEGATIVE BREAST CANCER.
(a) In General.--The Office of Health of the Department of
Defense shall work in collaboration with the National
Institutes of Health to--
(1) identify specific genetic and molecular targets and
biomarkers for triple negative breast cancer; and
(2) provide information useful in biomarker selection, drug
discovery, and clinical trials design that will enable both--
(A) triple negative breast cancer patients to be identified
earlier in the progression of their disease; and
(B) the development of multiple targeted therapies for the
disease.
(b) Funding.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program,
as specified in the corresponding funding tables in division
D, is hereby increased by $10,000,000 to carry out subsection
(a).
(c) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for operation and maintenance, Defense-wide, as
specified in the corresponding funding table in section 4301,
for Operation and Maintenance, Defense-wide is hereby reduced
by $10,000,000.
Amendment No. 202 Offered by Ms. Jackson Lee of Texas
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. FUNDING FOR POST-TRAUMATIC STRESS DISORDER.
(a) Funding.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program,
as specified in the corresponding funding table in such
division, is hereby increased by $2,500,000 for post-
traumatic stress disorder.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for operation and maintenance, Defense-wide, as
specified in the corresponding funding table in section 4301,
for Operation and Maintenance, Defense-wide is hereby reduced
by $2,500,000.
Amendment No. 203 Offered by Ms. Jackson Lee of Texas
At the end of subtitle F of title V, add the following:
SEC. 560B. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN.
(a) Testing.--The Superintendent of a military service
academy shall provide testing for speech disorders to
incoming cadets or midshipmen under the jurisdiction of that
Superintendent.
(b) No Effect on Admission.--The testing under subsection
(a) may not have any affect on admission to a military
service academy.
(c) Results.--The Superintendent shall provide each cadet
or midshipman under the jurisdiction of that Superintendent
the result of the testing under subsection (a) and a list of
warfare unrestricted line officer positions and occupation
specialists that require successful performance on the speech
test.
(d) Therapy.--The Superintendent shall furnish speech
therapy to a cadet or midshipman under the jurisdiction of
that Superintendent at the election of the cadet or
midshipman.
(e) Retaking.--A cadet or midshipman whose testing indicate
a speech disorder or impediment may elect to retake the
testing once each academic year while enrolled at the
military service academy.
[[Page H5657]]
Amendment No. 204 Offered by Ms. Jackson Lee of Texas
In section 235(a)(2)--
(1) in subparagraph (H), strike ``and'' at the end;
(2) redesignate subparagraph (I) as subparagraph (J); and
(3) insert after subparagraph (H), the following new
subparagraph (I):
(I) opportunities and risks; and
Amendment No. 205 Offered by Ms. Jayapal of Washington
Page 379, after line 2, insert the following new
subsection:
(h) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-wide, administrative
and service-wide activities, Office of the Secretary of
Defense, line 460 is hereby increased by $5,000,000 (with the
amount of such increase to be made available for the Defense
Suicide Prevention Office and National Guard suicide
prevention pilot program under this section).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in
the corresponding funding table in section 4101, for
shipbuilding and conversion, Navy, ship to shore connector,
line 024 is hereby reduced by $5,000,000.
Page 379, line 3, strike ``(h)'' and insert ``(i)''.
Amendment No. 206 Offered by Ms. Jayapal of Washington
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. PROHIBITION ON CONTRACTING WITH PERSONS WITH
WILLFUL OR REPEATED VIOLATIONS OF THE FAIR
LABOR STANDARDS ACT OF 1938.
The head of a Federal department or agency (as defined in
section 102 of title 40, United States Code) shall initiate a
debarment proceeding with respect to a person for whom
information regarding a willful or repeated violation of the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) as
determined by a disposition described under subsection (c)(1)
of section 2313 of title 41, United States Code, is included
in the database established under subsection (a) of such
section.
Amendment No. 207 Offered by Mr. Jeffries of New York
Page 817, after line 21, insert the following:
``(30) An assessment of the nature of Chinese military
relations with Russia, including what strategic objectives
China and Russia share and are acting on, and on what
objectives they misalign.''.
Amendment No. 208 Offered by Ms. Johnson of Texas
Page 145, lines 23 through 24, strike `` as the Secretary
considers necessary and appropriate'' and insert ``on an
annual basis''.
amendment no. 209 offered by ms. johnson of texas
Page 365, line 10, insert before the period the following:
``, in a manner that addresses the need for cultural
competence and diversity among such mental health
providers''.
amendment no. 210 offered by ms. johnson of texas
At the end of subtitle B of title XXVIII, add the following
new section:
SEC. 28__. INSTALLATION OF CARBON MONOXIDE DETECTORS IN
MILITARY FAMILY HOUSING.
Section 2821 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) The Secretary concerned shall provide for the
installation and maintenance of an appropriate number of
carbon monoxide detectors in each unit of military family
housing under the jurisdiction of the Secretary.''.
amendment no. 211 offered by mr. joyce of pennsylvania
At the end of subtitle G of title XXVIII, add the following
new section:
SEC. 28__. REPORT ON PROJECTS AWAITING APPROVAL FROM THE
REALTY GOVERNANCE BOARD.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report describing the projects that, as of the date of the
report, are awaiting approval from the Realty Governance
Board. Such report shall include--
(1) a list of projects awaiting evaluation for a Major Land
Acquisition Waiver; and
(2) an assessment of the impact a project described in
paragraph (1) would have on the security of physical assets
and personnel at the military installation requesting the
Major Land Acquisition Waiver.
amendment no. 212 offered by ms. kaptur of ohio
Insert after section 554 the following new section:
SEC. 5__. INCLUSION OF COAST GUARD IN DEPARTMENT OF DEFENSE
STARBASE PROGRAM.
Section 2193b of title 10, United States Code, is further
amended--
(1) in subsection (a), by inserting ``and the Secretary of
the Department in which the Coast Guard is operating'' after
``military departments''; and
(2) in subsection (f), by striking ``and the Secretaries of
the military departments'' and inserting ``, the Secretaries
of the military departments, and the Secretary of the
Department in which the Coast Guard is operating''.
Amendment No. 213 Offered by Mr. Keating of Massachusetts
At the end of subtitle B of title XII, add the following:
SEC. _. MEANINGFUL INCLUSION OF AFGHAN WOMEN IN PEACE
NEGOTIATIONS.
As part of any activities of the Department of Defense
relating to the ongoing peace process in Afghanistan, the
Secretary of Defense, in coordination with the Secretary of
State, shall seek to ensure the meaningful participation of
Afghan women in that process in a manner consistent with the
Women, Peace, and Security Act of 2017 (22 U.S.C. 2152j et
seq.), including through advocacy for the inclusion of Afghan
women leaders in ongoing and future negotiations to end the
conflict in Afghanistan.
Amendment No. 214 Offered by Mr. Keating of Massachusetts
At the end of subtitle D of title X, add the following:
SEC. ___. ESTABLISHING A COORDINATOR FOR ISIS DETAINEE
ISSUES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President, acting through the
Secretary of State, shall designate an existing official
within the Department of State to serve as senior-level
coordinator to coordinate, in conjunction with the lead and
other relevant agencies, all matters for the United States
Government relating to the long-term disposition of Islamic
State of Iraq and Syria (ISIS) foreign terrorist fighter
detainees, including all matters in connection with--
(1) repatriation, transfer, prosecution, and intelligence-
gathering;
(2) coordinating a whole-of-government approach with other
countries and international organizations, including
INTERPOL, to ensure secure chains of custody and locations of
ISIS foreign terrorist fighter detainees;
(3) coordinating technical and evidentiary assistance to
foreign countries to aid in the successful prosecution of
ISIS foreign terrorist fighter detainees; and
(4) all multilateral and international engagements led by
the Department of State and other agencies that are related
to the current and future handling, detention, and
prosecution of ISIS foreign terrorist fighter detainees.
(b) Retention of Authority.--The appointment of a senior-
level coordinator pursuant to subsection (a) shall not
deprive any agency of any authority to independently perform
functions of that agency.
(c) Annual Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than once
each year thereafter through January 21, 2021, the individual
designated under subsection (a) shall submit to the
appropriate committees of Congress a detailed report
regarding high-value ISIS detainees that the coordinator
reasonably determines to be subject to criminal prosecution
in the United States.
(2) Elements.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A detailed description of the facilities where ISIS
foreign terrorist fighter detainees described in paragraph
(1) are being held.
(B) An analysis of all United States efforts to prosecute
ISIS foreign terrorist fighter detainees described in
paragraph (1) and the outcomes of such efforts. Any
information, the disclosure of which may violate Department
of Justice policy or law, relating to a prosecution or
investigation may be withheld from a report under paragraph
(1).
(C) A detailed description of any option to expedite
prosecution of any ISIS foreign terrorist fighter detainee
described in paragraph (1), including in a court of competent
jurisdiction outside of the United States.
(D) An analysis of factors on the ground in Syria and Iraq
that may result in the unintended release of ISIS foreign
terrorist fighter detainees described in paragraph (1), and
an assessment of any measures available to mitigate such
releases.
(E) A detailed description of all multilateral and other
international efforts or proposals that would assist in the
prosecution of ISIS foreign terrorist fighter detainees
described in paragraph (1).
(F) An analysis of all efforts between the United States
and partner countries within the Global Coalition to Defeat
ISIS or other countries to share intelligence or evidence
that may aid in the prosecution of members of the Islamic
State of Iraq and Syria and associated forces, and any legal
obstacles that may hinder such efforts.
(G) An analysis of the manner in which the United States
Government communicates on such proposals and efforts to the
families of United States citizens believed to be a victim of
a criminal act by an ISIS foreign terrorist fighter detainee.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.----In this section:
(1) The term ``appropriate committees of Congress'' means--
[[Page H5658]]
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, the Select
Committee on Intelligence and the Committee on Appropriations
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
(2) The term ``ISIS foreign terrorist fighter detainee''
means a detained individual--
(A) who allegedly fought for or supported the Islamic State
of Iraq and Syria (ISIS); and
(B) who is a national of a country other than Iraq or
Syria.
(e) Sunset.--The requirements under this section shall
sunset on January 21, 2021.
Amendment No. 215 Offered by Ms. Kelly of Illinois
At the end of subtitle H of title V, add the following new
section:
SEC. 5__. REPORT ON TRAINING AND SUPPORT AVAILABLE TO
MILITARY SPOUSES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Personnel and Readiness shall submit to the
congressional defense committees a report that includes a
description of the following:
(1) Financial literacy programs currently designed
specifically for military spouses.
(2) Programs designed to educate spouses and service
members about the risks of multi-level marketing.
(3) Efforts to evaluate the effectiveness of financial
literacy programs.
(4) The number of counseling sessions requested by military
spouses at Family Support Centers in the previous 5 years.
(b) Public Availability.--The report submitted under
subsection (a) shall be made available on a publicly
accessible website of the Department of Defense.
The CHAIR. Pursuant to House Resolution 476, the gentlewoman from
Oklahoma (Ms. Kendra S. Horn) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentlewoman from Oklahoma.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chairman, I yield 2 minutes to
the gentlewoman from Pennsylvania (Ms. Dean).
Ms. DEAN. Mr. Chair, I thank the chairman of the committee and I also
thank the designee for yielding me this time.
I am pleased to introduce two amendments to the National Defense
Authorization Act that deal with PFAS contamination issues.
The first amendment, amendment 125, provides an additional $5 million
for the nationwide Centers for Disease Control and the Agency for Toxic
Substances and Disease Registry PFAS health study, authorizing a total
of $15 million for this critical research.
We know that PFAS chemicals are linked to devastating health
consequences and are present in 99 percent of Americans, but many
questions remain unanswered. This study will help get the answers our
constituents deserve and the solutions we need.
{time} 1930
I thank Representatives Kildee, Fitzpatrick, Upton, Pappas, Boyle,
Rouda, and others for cosponsoring this amendment.
The second amendment, Amendment No. 126, phases out the Department of
Defense's use of AFFF firefighting foam by 2025, reducing PFAS
contamination and protecting our communities.
The amendment also substantially limits the Department of Defense's
ability to use waivers from 6 years to 1 year. Currently, the
Department of Defense can use waivers that allow the use of AFFF
firefighting foam up to 2035, almost a decade longer than this phaseout
provision would allow.
I thank, again, Representatives Kildee and Pappas for supporting this
amendment.
I also thank Chairman Smith and his extraordinary staff for working
with me on these critically important issues.
Mr. THORNBERRY. Mr. Chairman, I have no speakers, and I reserve the
balance of my time.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chairman, I yield 2 minutes to
the gentleman from Arizona (Mr. Stanton).
Mr. STANTON. Mr. Chairman, I thank the gentlewoman for yielding.
Mr. Chairman, few things are as patriotic--as American--as serving
our Nation in the United States Armed Forces. My amendment, amendment
No. 17, would ensure that noncitizens defending our country receive the
resources they need to pursue the citizenship they have earned.
Specifically, my amendment will modify the pre-separation counseling
checklist administered to servicemembers to provide them an opportunity
to request further information regarding expedited naturalization.
Throughout history, many legal permanent residents have demonstrated
their commitment to the United States by volunteering to serve their
adopted country by putting on the uniform and joining the United States
Armed Forces. Unfortunately, we have all seen reports that there may be
thousands of deported U.S. veterans because they failed to apply for
citizenship for a variety of reasons. Deporting these patriotic
veterans does not reflect our American values.
As a country that honors our veterans, we need to take the
appropriate steps to ensure that those who volunteered to serve are not
deported because they were unaware of the benefits available to them.
My amendment provides a safety net that ensures noncitizen
servicemembers who defended our country are aware of these benefits.
Mr. Chairman, my amendment No. 14 allows veterans who are enrolled in
their respective service's Wounded Warrior program to continue their
enrollment in the Military Adaptive Sports Program for an additional
year after separation.
Currently, once a servicemember separates from the U.S. Armed Forces,
they no longer qualify for their respective service's Wounded Warrior
program. My amendment would change this by extending eligibility for an
additional year during their transition to civilian life.
It is reported that veterans, in their first year after separating
from uniformed service, sadly, experience suicide rates at
approximately two times higher than the overall veteran suicide rate.
This is even higher for wounded veterans. My amendment looks to combat
this devastating statistic by providing veterans with continued
physical, psychological, and social rehabilitation during the first
year of transition.
Mr. Chairman, I encourage my colleagues to support this amendment
package.
Mr. THORNBERRY. Mr. Chairman, I continue to reserve the balance of my
time.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chairman, I yield 2 minutes to
the gentlewoman from Pennsylvania (Ms. Wild).
Ms. WILD. Mr. Chairman, I rise today to urge my colleagues to vote
yes on a bipartisan amendment to address the opioid crisis that affects
our servicemembers so severely. And I thank my fellow Pennsylvanian and
friend, Brian Fitzpatrick, for joining me in tackling this issue.
This amendment would establish a partnership between the Department
of Defense and academic health centers to work on three key areas:
One, focused research on reducing our servicemembers' dependency on
opioids;
Two, the development of new methods of pain management and mental
health strategies; and
Three, partnerships with industry that would advance technologies for
wounded servicemembers that will improve their day-to-day lives.
The opioid epidemic is not and cannot be a bipartisan issue. It hits
communities all across the country, regardless of ethnicity, race, or
socioeconomic status. But the epidemic is spreading to our
servicemembers at an alarming rate.
Our servicemembers have unique challenges. Studies show that 15
percent of servicemembers use opioids following injuries while
deployed, which is almost four times the civilian average of 4 percent.
As a result, addiction is higher among servicemembers than in the
civilian population and is rising. Over a 3-year period, the percentage
of misuse nearly tripled. That is why this amendment is so critical.
Our servicemembers protect all of us and we can protect them by
passing this amendment and curtailing the devastating addictions of our
American heroes.
Mr. Chairman, I urge passage of this amendment.
Mr. THORNBERRY. Mr. Chairman, I continue to reserve the balance of my
time.
[[Page H5659]]
Ms. KENDRA S. HORN of Oklahoma. Mr. Chairman, I am pleased to yield 2
minutes to the gentleman from Illinois (Mr. Schneider).
Mr. SCHNEIDER. Mr. Chairman, I thank my colleague from Oklahoma for
yielding.
Mr. Chairman, I rise today in support of my amendment codifying the
Boots to Business program and authorizing it for 5 years.
The men and women who ably serve our Nation with honor deserve our
support as they transition from military to civilian life. Many of our
servicemembers have the temperament, drive, and skills to excel in
small business. They excel as small-business owners and as
entrepreneurs, but they oftentimes lack the industry-specific
experience to turn their dreams into reality.
The Boots to Business program helps bridge this gap by offering
exiting servicemembers and military spouses a 2-day in-person course on
business ownership, followed by more in-depth instruction through an 8-
week online course.
Since the program launched in 2013, more than 50,000 veterans have
participated.
Earlier this week, the House Small Business Committee held a hearing
on veteran entrepreneurship. We had the chance to hear from veterans
who turned their careers as small-business owners successfully after
benefiting from the programming and training provided by the Boots to
Business program.
Codifying this important program is a bipartisan effort, and I urge
my colleagues to join us in support of the Boots to Business program
and more opportunities for our veterans.
Mr. THORNBERRY. Mr. Chairman, I continue to reserve the balance of my
time.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chairman, may I inquire how much
time is remaining on each side?
The Acting CHAIR (Mr. Stanton). The gentlewoman from Oklahoma has 3
minutes remaining. The gentleman from Texas has 10 minutes remaining.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chairman, I am pleased to yield 2
minutes to the gentlewoman from Washington (Ms. Schrier).
Ms. SCHRIER. Mr. Chairman, I thank Representative Horn for allowing
me to speak on these issues.
Mr. Chairman, my amendment supports small businesses by directing the
Secretary of the Navy to adhere to competitive procedures whenever
possible. This will not only make it easier for smaller contractors to
compete on an even playing field with billion-dollar corporations, but
it is also good governance.
Approximately 2,000 businesses provide support to the military and
defense sectors in Washington State. In the last 3 years, businesses
were awarded nearly $15 billion in related contracts.
Our small businesses, many of which are owned by veterans, are a
driving force in our economy, especially in Washington State. By
ensuring contracts are awarded on a competitive basis, we can save the
Federal Government millions of dollars in acquisition and sustainment
costs.
Also, for NDAA, I partnered with my friend and colleague,
Representative Rick Larsen, to ensure communities facing the greatest
risk of fire have equitable access to firefighting and emergency
equipment.
Two Federal programs, the Firefighter Property Program and the
Federal Excess Personal Property Program, transfer excess Department of
Defense property to the U.S. Forest Service, which then provides it to
States for use in firefighting. This property includes trucks, tools,
hoses, vehicles, and aircraft parts, as well as protective clothing.
However, these programs do not currently distribute equipment based
on need or risk, but rather on a first-come, first-served basis. This
bill will allow for need to be taken into consideration when this
equipment is available so that we can improve firefighting and
emergency service capabilities where they are needed most.
Lastly, I thank my colleague, Representative Stivers, for partnering
with me to ensure that the Secretary of Defense is conducting research
on the reproductive health of female servicemembers and making that
research public. With our military forces diversifying, it is important
that we address issues identified for improvement in that research.
Mr. THORNBERRY. Mr. Chairman, I yield back the balance of my time.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chairman, I encourage my
colleagues to support the en bloc package, as well as the NDAA upon
final passage, and I yield back the balance of my time.
Ms. JOHNSON of Texas. Mr. Chair, l rise today to voice my support for
my three amendments to H.R. 2500, the National Defense Authorization
Act for Fiscal Year 2020.
My first amendment requires an annual update of the climate
vulnerability and risk assessment tool by the Secretary of Defense.
This tool will play a critical role in measuring the impact of climate
change on our defense infrastructure, therefore we must ensure that it
is routinely updated to reflect a rapidly changing climate.
My second amendment ensures that cultural competence and diversity
are integrated in the recruitment and retention efforts of mental
health providers for our active duty service members. It is essential
that these providers reflect the diversity of our troops and are
culturally competent in their treatment services.
My third amendment mandates the installation and maintenance of
carbon monoxide detectors in all military family housing units. This
will ensure that our armed services families are protected against the
risk of carbon monoxide poisoning in their own homes.
I urge my colleagues to support these amendments.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Oklahoma (Ms. Horn).
The en bloc amendments were agreed to.
Amendments En Bloc No. 9 Offered by Ms. Kendra S. Horn of Oklahoma
Ms. KENDRA S. HORN of Oklahoma. Mr. Chairman, pursuant to House
Resolution 476, as the designee of the gentleman from Washington (Mr.
Smith), I offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 9 consisting of amendment Nos. 216, 219, 220,
221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234,
235, 236, 237, and 238 printed in part B of House Report 116-143,
offered by Ms. Kendra S. Horn of Oklahoma:
Amendment No. 216 Offered by Mr. Khanna of California
At the end of subtitle B of title XXXI, add the following:
SEC. 3121. AVAILABILITY OF AMOUNTS FOR DENUCLEARIZATION OF
DEMOCRATIC PEOPLE'S REPUBLIC OF NORTH KOREA.
(a) In General.--The amount authorized to be appropriated
by section 3101 and available as specified in the funding
table in section 4701 for defense nuclear nonproliferation is
hereby increased by $10,000,000, with the amount of the
increase to be available to develop and prepare to implement
a comprehensive, long-term monitoring and verification
program for activities related to the phased denuclearization
of the Democratic People's Republic of North Korea, in
coordination with relevant international partners and
organizations.
(b) Offset.--The amount authorized to be appropriated by
this title and available as specified in the funding table in
section 4701 for weapons activities for stockpile services,
production support is hereby reduced by $10,000,000.
Amendment No. 219 Offered by Mr. Kildee of Michigan
At the end of subtitle G of title V, add the following:
SEC. 567. TRAINING PROGRAM REGARDING DISINFORMATION
CAMPAIGNS.
(a) Establishment.--Not later than September 30, 2020, the
Secretary of Defense shall establish a program for training
members of the Armed Forces and employees of the Department
of Defense regarding the threat of disinformation campaigns
specifically targeted at such individuals and the families of
such individuals.
(b) Report Required.--Not later than October 30, 2020, the
Secretary of Defense shall submit a report to the
congressional defense committees regarding the program under
subsection (a).
Amendment No. 220 Offered by Mr. Kildee of Michigan
At the end of subtitle B of title XXVIII, insert the
following:
SEC. 28__. LEAD-BASED PAINT TESTING AND REPORTING.
(a) Establishment of Department of Defense Policy on Lead
Testing on Military Installations.--
(1) In general.--Not later than February 1, 2020, the
Secretary of Defense shall establish a policy under which--
(A) a qualified individual may access a military
installation for the purpose of conducting lead testing on
the installation, subject to the approval of the Secretary;
and
(B) the results of any lead testing conducted on a military
installation shall be transmitted--
[[Page H5660]]
(i) in the case of a military installation located inside
the United States, to--
(I) the civil engineer of the installation;
(II) the housing management office of the installation;
(III) the public health organization on the installation;
(IV) the major subordinate command of the Armed Force with
jurisdiction over the installation; and
(V) if required by law, any relevant Federal, State, and
local agencies; and
(ii) in the case of a military installation located outside
the United States, to the civil engineer or commander of the
installation who shall transmit those results to the major
subordinate command of the Armed Force with jurisdiction over
the installation.
(2) Definitions.--In this subsection:
(A) United states.--The term ``United States'' has the
meaning given such term in section 101(a)(1) of title 10,
United States Code.
(B) Qualified individual.--The term ``qualified
individual'' means an individual who is certified by the
Environmental Protection Agency or by a State as--
(i) a lead-based paint inspector; or
(ii) a lead-based paint risk assessor.
(b) Annual Reporting on Lead-based Paint in Military
Housing.--
(1) In general.--Subchapter III of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``SEC. 2869A. ANNUAL REPORTING ON LEAD-BASED PAINT IN
MILITARY HOUSING.
``(a) Annual Reports.--
``(1) In general.--Not later than February 1 of each year,
the Secretary of Defense shall submit to the congressional
defense committees a report that sets forth, with respect to
military housing under the jurisdiction of each Secretary of
a military department for the calendar year preceding the
year in which the report is submitted, the following:
``(A) A certification that indicates whether the military
housing under the jurisdiction of the Secretary concerned is
in compliance with the requirements respecting lead-based
paint, lead-based paint activities, and lead-based paint
hazards described in section 408 of the Toxic Substances
Control Act (15 U.S.C. 2688).
``(B) A detailed summary of the data, disaggregated by
military department, used in making the certification under
subparagraph (A).
``(C) The total number of military housing units under the
jurisdiction of the Secretary concerned that were inspected
for lead-based paint in accordance with the requirements
described in subparagraph (A).
``(D) The total number of military housing units under the
jurisdiction of the Secretary concerned that were not
inspected for lead-based paint.
``(E) The total number of military housing units that were
found to contain lead-based paint in the course of the
inspections described in subparagraph (C).
``(F) A description of any abatement efforts with respect
to lead-based paint conducted regarding the military housing
units described in subparagraph (E).
``(2) Publication.--The Secretary of Defense shall publish
each report submitted under paragraph (1) on a publicly
available website of the Department of Defense.
``(b) Military Housing Defined.--In this section, the term
`military housing' includes military family housing and
military unaccompanied housing (as such term is defined in
section 2871 of this title).''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2869a. Annual reporting on lead-based paint in military housing''.
Amendment No. 221 Offered by Mr. Kildee of Michigan
At the end of subtitle G of title XII, add the following:
SEC. _. REPORT ON SAUDI LED COALITION STRIKES IN YEMEN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter for two
years, the Secretary of Defense, in consultation with the
Secretary of State, shall submit to the appropriate
congressional committees a report detailing the number of
civilian casualties caused by the Saudi led coalition in
Yemen, including an assessment of the coalition members'
willingness and ability to prevent civilian casualties.
(b) Matters to Be Included.--Each such report shall also
contain information relating to whether--
(1) coalition members followed the norms and practices the
United States military employs to avoid civilian casualties
and ensure proportionality; and
(2) strikes executed by coalition members are in compliance
with the United States' interpretation of the laws governing
armed conflict and proportionality.
(c) Appropriate Congressional Committee Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
Amendment No. 222 Offered by Mr. Kilmer of Washington
At the end of subtitle A of title XVI, add the following
new section:
SEC. 16__. STUDY ON LEVERAGING DIVERSE COMMERCIAL SATELLITE
REMOTE SENSING CAPABILITIES.
(a) Study.--The Secretary of Defense, in consultation with
the Director of National Intelligence, shall conduct a study
on the status of the transition from the National Geospatial-
Intelligence Agency to the National Reconnaissance Office of
the leadership role in acquiring commercial satellite remote
sensing data on behalf of the Department of Defense and the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(b) Elements.--In conducting the study under subsection
(a), the Secretary shall study--
(1) commercial geospatial intelligence requirements for the
National Geospatial-Intelligence Agency and the combatant
commands;
(2) plans of the National Reconnaissance Office to meet the
requirements specified in paragraph (1) through the
acquisition of both medium- and high-resolution data from
multiple commercial providers; and
(3) plans of the National Reconnaissance Office to further
develop such programs with commercial companies to continue
to support, while also expanding, adoption by the geospatial
intelligence user community of the Department of Defense.
(c) Submission.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees, the Permanent Select
Committee on Intelligence of the House of Representatives,
and the Select Committee on Intelligence of the Senate a
report on the study conducted under subsection (a).
Amendment No. 223 Offered by Mr. Kilmer of Washington
At the end of title XI, add the following:
SEC. 1113. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM
SUSPENSION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Navy shall
enter into an agreement with a Federally funded research and
development center with relevant expertise to conduct an
assessment of the impacts resulting from the Navy's
suspension in 2016 of the Accelerated Promotion Program (in
this section referred to as the ``APP'').
(b) Elements.--The assessment required under subsection (a)
shall include the following elements:
(1) An identification of the employees who were hired at
the four public shipyards between January 23, 2016, and
December 22, 2016, covering the period in which APP was
suspended, and who would have otherwise been eligible for APP
had the program been in effect at the time they were hired.
(2) An assessment for each employee identified in paragraph
(1) to determine the difference between wages earned from the
date of hire to the date on which the wage data would be
collected and the wages which would have been earned during
this same period should that employee have participated in
APP from the date of hire and been promoted according to the
average promotion timeframe for participants hired in the
five-year period prior to the suspension.
(3) An assessment for each employee identified in paragraph
(1) to determine at what grade and step each effected
employee would be at on October 1, 2020, had that employee
been promoted according to the average promotion timeframe
for participants hired in the five-year period prior to the
suspension.
(4) An evaluation of existing authorities available to the
Secretary to determine whether the Secretary can take
measures using those authorities to provide the pay
difference and corresponding interest, at a rate of the
federal short-term interest rate plus 3 percent, to each
effected employee identified in paragraph (2) and directly
promote the employee to the grade and step identified in
paragraph (3).
(c) Report.--The Secretary shall submit to the
congressional defense committees a report on the results of
the evaluation by not later than June 1, 2020, and shall
provide interim briefings upon request.
Amendment No. 224 Offered by Mr. King of Iowa
Page 817, line 21, before the period at the end, insert the
following:
``(30) An assessment of--
``(A) China's expansion of its surveillance state;
``(B) any correlation of such expansion with its oppression
of its citizens and its threat to United States national
security interests around the world; and
``(C) an overview of the extent to which such surveillance
corresponds to the overall respect, or lack thereof, for
human rights.''.
Amendment No. 225 Offered by Mr. Kinzinger of Illinois
At the end of subtitle C of title I, add the following new
section:
SEC. 1___. PROVISIONS RELATING TO RC-26B MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT.
(a) Limitation of Funds.--None of the funds authorized to
be appropriated by this Act or otherwise made available for
fiscal year 2020 for the Air Force may be obligated
[[Page H5661]]
or expended to retire, divest, realign, or place in storage
or on backup aircraft inventory status, or prepare to retire,
divest, realign, or place in storage or on backup aircraft
inventory status, any RC-26B aircraft until a period of 60
days has elapsed following the date on which the Secretary of
Defense certifies to the congressional defense committees
that--
(1) technologies or platforms other than the RC-26B
aircraft provide capacity and capabilities equivalent to the
capacity and capabilities of the RC-26B aircraft; and
(2) the capacity and capabilities of such other
technologies or platforms meet the requirements of combatant
commanders with respect to indications and warning,
intelligence preparation of the operational environment, and
direct support for kinetic and non-kinetic operations.
(b) Exception.--The limitation in subsection (a) shall not
apply to individual RC-26 aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no
longer mission capable because of mishaps or other damage.
(c) Funding for RC-26B Manned Intelligence, Surveillance,
and Reconnaissance Platform.--
(1) Of the amount authorized to be appropriated in section
301 for operation and maintenance, as specified in the
corresponding funding table in 4301, for operation and
maintenance, Air National Guard, the Secretary of the Air
Force may transfer up to $15,000,000 for the purposes of the
RC-26B manned intelligence, surveillance, and reconnaissance
platform.
(2) Of the amount authorized to be appropriated in section
421 for military personnel, as specified in the corresponding
funding table in 4401, the Secretary of the Air Force may
transfer up to $16,000,000 from military personnel, Air
National Guard for personnel who operate and maintain the RC-
26B manned intelligence, surveillance, and reconnaissance
platform.
(d) Memorandum of Agreement.--Notwithstanding any other
provision of law, the Chief of the National Guard Bureau may
enter into one or more Memorandum of Agreement with other
Federal entities for the purposes of assisting with the
missions and activities of such entities.
(e) Air Force Report.--Not later than 90 days after
enactment of this Act, the Secretary of the Air Force shall
submit to congressional defense committees a report detailing
the manner in which the Secretary would provide manned and
unmanned intelligence, surveillance, and reconnaissance
mission support or manned and unmanned incident awareness and
assessment mission support to military and non-military
entities in the event the RC-26B is divested. The Secretary
shall include a determination regarding whether or not this
support would be commensurate with that which the RC-26B is
able to provide. The Secretary, in consultation with the
Chief of the National Guard Bureau shall also contact and
survey the support requirements of other Federal agencies and
provide an assessment for potential opportunities to enter
into one or more Memorandum of Agreements with such agencies
for the purposes of assisting with the missions and
activities of such entities, such as domestic or, subject to
legal authorities, foreign operations, including but not
limited to situational awareness, damage assessment,
evacuation monitoring, search and rescue, chemical,
biological, radiological, and nuclear assessment,
hydrographic survey, dynamic ground coordination, and
cyberspace incident response.
Amendment No. 226 Offered by Mr. Krishnamoorthi of Illinois
Page 387, after line 15, insert the following:
SEC. 729. STUDY ON READINESS CONTRACTS AND THE PREVENTION OF
DRUG SHORTAGES.
(a) Study.--The Secretary of Defense shall conduct a study
on the effectiveness of readiness contracts managed by the
Customer Pharmacy Operations Center of the Defense Logistics
Agency in meeting the military's drug supply needs. The study
shall include an analysis of how the contractual approach to
manage drug shortages for military health care can be a model
for responding to drug shortages in the civilian health care
market in the United States.
(b) Consultation.--In conducting the study under subsection
(a), the Secretary of Defense shall consult with--
(1) the Secretary of Veterans Affairs;
(2) the Commissioner of Food and Drugs and the
Administrator of the Drug Enforcement Administration; and
(3) physician organizations, drug manufacturers, pharmacy
benefit management organizations, and such other entities as
the Secretary determines appropriate.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the results of the study under
subsection (a) and any conclusions and recommendations of the
Secretary relating to such study.
Amendment No. 227 Offered by Mr. Krishnamoorthi of Illinois
In section 2815, relating to Assessment of Hazards in
Department of Defense Housing, after ``biocides,'' (page
1008, line 22) insert ``carbon monoxide,''.
Amendment No. 228 Offered by Mr. Krishnamoorthi of Illinois
Page 189, line 12, strike ``organizations'' and insert
``organizations, including workforce development
organizations,''.
Amendment No. 229 Offered by Ms. Kuster of New Hampshire
At the end of subtitle C of title V, add the following new
section:
SEC. 530. ADVICE AND COUNSEL OF TRAUMA EXPERTS IN REVIEW BY
BOARDS FOR CORRECTION OF MILITARY RECORDS AND
DISCHARGE REVIEW BOARDS OF CERTAIN CLAIMS.
(a) Boards for Correction of Military Records.--Section
1552(g) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2) If a board established under subsection (a)(1) is
reviewing a claim described in subsection (h), the board
shall seek advice and counsel in the review from a
psychiatrist, psychologist, or social worker with training on
mental health issues associated with post-traumatic stress
disorder or traumatic brain injury or other trauma as
specified in the current edition of the Diagnostic and
Statistical Manual of Mental Disorders published by the
American Psychiatric Association.
``(3) If a board established under subsection (a)(1) is
reviewing a claim in which sexual trauma, intimate partner
violence, or spousal abuse is claimed, the board shall seek
advice and counsel in the review from an expert in trauma
specific to sexual assault, intimate partner violence, or
spousal abuse, as applicable.''.
(b) Discharge Review Boards.--Section 1553(d)(1) of such
title is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph;
``(B) In the case of a former member described in paragraph
(3)(B) who claims that the former member's post-traumatic
stress disorder or traumatic brain injury as described in
that paragraph in based in whole or in part on sexual trauma,
intimate partner violence, or spousal abuse, a board
established under this section to review the former member's
discharge or dismissal shall seek advice and counsel in the
review from a psychiatrist, psychologist, or social worker
with training on mental health issues associated with post-
traumatic stress disorder or traumatic brain injury or other
trauma as specified in the current edition of the Diagnostic
and Statistical Manual of Mental Disorders published by the
American Psychiatric Association.''.
Amendment No. 230 Offered by Ms. Kuster of New Hampshire
At the end of subtitle C of title V, add the following new
section:
SEC. 530. TRAINING OF MEMBERS OF BOARDS FOR CORRECTION OF
MILITARY RECORDS AND DISCHARGE REVIEW BOARDS ON
SEXUAL TRAUMA, INTIMATE PARTNER VIOLENCE,
SPOUSAL ABUSE, AND RELATED MATTERS.
(a) Boards for Correction of Military Records.--The
curriculum of training for members of boards for the
correction of military records under section 534(c) of the
National Defense Authorization Act for Fiscal Year 2017 (10
U.S.C. 1552 note) shall include training on each of the
following:
(1) Sexual trauma.
(2) Intimate partner violence.
(3) Spousal abuse.
(4) The various responses of individuals to trauma.
(b) Discharge Review Boards.--
(1) In general.--Each Secretary concerned shall develop and
provide training for members of discharge review boards under
section 1553 of title 10, United States Code, that are under
the jurisdiction of such Secretary on each of the following:
(A) Sexual trauma.
(B) Intimate partner violence.
(C) Spousal abuse.
(D) The various responses of individuals to trauma.
(2) Uniformity of training.--The Secretary of Defense and
the Secretary of Homeland Security shall jointly ensure that
the training developed and provided pursuant to this
subsection is, to the extent practicable, uniform.
(3) Secretary concerned defined.--In this subsection, the
term ``Secretary concerned'' has the meaning given that term
in section 101(a)(9) of title 10, United States Code.
Amendment No. 231 Offered by Ms. Kuster of New Hampshire
Insert after section 543 the following new section:
SEC. 5__. POLICIES AND PROCEDURES ON REGISTRATION AT MILITARY
INSTALLATIONS OF CIVIL PROTECTION ORDERS
APPLICABLE TO MEMBERS OF THE ARMED FORCES
ASSIGNED TO SUCH INSTALLATIONS AND CERTAIN
OTHER INDIVIDUALS.
(a) Policies and Procedures Required.--Not later than one
year after the date of the enactment of this Act, the
Secretary of Defense shall, in consultation with the
Secretaries of the military departments, establish policies
and procedures for the registration at military installations
of any civil protection orders described in subsection (b),
including the duties and responsibilities of commanders of
installations in the registration process.
(b) Civil Protection Orders.--A civil protection order
described in this subsection is any civil protective order as
follows:
(1) A civil protection order against a member of the Armed
Forces assigned to the installation concerned.
(2) A civil protection order against a civilian employee
employed at the installation concerned.
[[Page H5662]]
(3) A civil protection order against the civilian spouse or
intimate partner of a member of the Armed Forces on active
duty and assigned to the installation concerned, or of a
civilian employee described in paragraph (2), which order
provides for the protection of such member or employee.
(c) Particular Elements.--The policies and procedures
required by subsection (a) shall include the following:
(1) A requirement for notice between and among the
commander, military law enforcement elements, and military
criminal investigative elements of an installation when a
member of the Armed Forces assigned to such installation, a
civilian employee employed at such installation, a civilian
spouse or intimate partner of a member assigned to such
installation, or a civilian spouse or intimate partner of a
civilian employee employed at such installation becomes
subject to a civil protection order.
(2) A statement of policy that failure to register a civil
protection order may not be a justification for the lack of
enforcement of such order by military law enforcement and
other applicable personnel who have knowledge of such order.
(d) Letter.--As soon as practicable after establishing the
policies and procedures required by subsection (a), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a letter that
includes the following:
(1) A detailed description of the policies and procedures.
(2) A certification by the Secretary that the policies and
procedures have been implemented on each military
installation.
Amendment No. 232 Offered by Ms. Kuster of New Hampshire
At the end of subtitle C of title XXVIII, add the following
new section:
SEC. 28__. IMPROVED RECORDING AND MAINTAINING OF DEPARTMENT
OF DEFENSE REAL PROPERTY DATA.
(a) Initial Report.--Not later than 150 days after the date
of the enactment of this Act, the Undersecretary of Defense
for Acquisition and Sustainment shall submit to Congress a
report evaluating service-level best practices for recording
and maintaining real property data.
(b) Issuance of Guidance.--Not later than 300 days after
the date of the enactment of this Act, the Undersecretary of
Defense for Acquisition and Sustainment shall issue service-
wide guidance on the recording and collection of real
property data based on the best practices described in the
report.
Amendment No. 233 Offered by Ms. Kuster of New Hampshire
At the end of subtitle E of title V, add the following:
SEC. __. STRENGTHENING CIVILIAN AND MILITARY PARTNERSHIPS TO
RESPOND TO DOMESTIC AND SEXUAL VIOLENCE.
(a) Study.--Not later than one year after the enactment of
this legislation, the Comptroller General of the United
States shall submit to Congress a report on partnerships
between military installations and civilian domestic and
sexual violence response organizations, including--
(1) a review of memoranda of understanding between such
installations and such response organizations,
(2) descriptions of the services provided pursuant to such
partnerships,
(3) a review of the central plan, if any, of each service
regarding such partnerships, and
(4) recommendations on increasing and improving such
partnerships.
(b) Civilian Domestic and Sexual Violence Response
Organization.--In this section, the term ``civilian domestic
and sexual violence response organization'' includes a rape
crisis center, domestic violence shelter, civilian law
enforcement, local government group, civilian sexual assault
nurse examiner, civilian medical service provider, veterans
service organization, faith-based organization, or Federally
qualified health center.
Amendment No. 234 Offered by Mr. LaMalfa of California
SEC. __. SANTA YNEZ BAND OF CHUMASH INDIANS LAND AFFIRMATION.
(a) Short Title.--This section may be cited as the ``Santa
Ynez Band of Chumash Indians Land Affirmation Act of 2019''.
(b) Findings.--Congress finds the following:
(1) On October 13, 2017, the General Council of the Santa
Ynez Band of Chumash Indians voted to approve the Memorandum
of Agreement between the County of Santa Barbara and the
Santa Ynez Band of Chumash Indians regarding the
approximately 1,427.28 acres of land, commonly known as Camp
4, and authorized the Tribal Chairman to sign the Memorandum
of Agreement.
(2) On October 31, 2017, the Board of Supervisors for the
County of Santa Barbara approved the Memorandum of Agreement
on Camp 4 and authorized the Chair to sign the Memorandum of
Agreement.
(3) The Secretary of the Interior approved the Memorandum
of Agreement pursuant to section 2103 of the Revised Statutes
(25 U.S.C. 81).
(c) Land to Be Taken Into Trust.--
(1) In general.--The approximately l,427.28 acres of land
in Santa Barbara County, CA described in paragraph (3), is
hereby taken into trust for the benefit of the Tribe, subject
to valid existing rights, contracts, and management
agreements related to easements and rights-of-way.
(2) Administration.--
(A) Administration.--The land described in paragraph (3)
shall be a part of the Santa Ynez Indian Reservation and
administered in accordance with the laws and regulations
generally applicable to the land held in trust by the United
States for an Indian tribe.
(B) Effect.--For purposes of certain California State laws
(including the California Land Conservation Act of 1965,
Government Code Section 51200, et seq.), placing the land
described in paragraph (3) into trust shall remove any
restrictions on the property pursuant to California
Government Code Section 51295 or any other provision of such
Act.
(3) Legal description of lands transferred.--The lands to
be taken into trust for the benefit of the Tribe pursuant to
this Act are described as follows:
Legal Land Description/Site Location: Real property in the
unincorporated area of the County of Santa Barbara, State of
California, described as follows: PARCEL 1: (APN: 141-121-51
AND PORTION OF APN 141-140-10) LOTS 9 THROUGH 18, INCLUSIVE,
OF TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF
THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3,
AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-
105580 OF OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-
140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE
COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE
MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR
COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE
PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED
DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581 OF OFFICIAL
RECORDS. PARCEL 3: (PORTIONS OF APNS: 141-230-23 AND 141-140-
10) LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2,
7, 8, 9, 10, AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN
THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON
THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS
OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY
OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF
CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN
BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS
LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-
105582 OF OFFICIAL RECORDS. PARCEL 4: (APN: 141-240-02 AND
PORTION OF APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF
TRACT 25, IN THE COUNTY OF SANTA BARBARA, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF
THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3,
AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-
105583 OF OFFICIAL RECORDS. PARCEL 5: (PORTION OF APN: 141-
230-23) THAT PORTION OF LOTS 3 AND 6 OF TRACT 16, IN THE
COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE
MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR
COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY
OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF
CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN
BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS
LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-
105584 OF OFFICIAL RECORDS.
(4) Rules of construction.--Nothing in this section shall--
(A) enlarge, impair, or otherwise affect any right or claim
of the Tribe to any land or interest in land that is in
existence before the date of the enactment of this Act;
(B) affect any water right of the Tribe in existence before
the date of the enactment of this Act; or
(C) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before
the date of the enactment of this Act.
(5) Restricted use of transferred lands.--The Tribe may not
conduct, on the land described in paragraph (3) taken into
trust for the Tribe pursuant to this section, gaming
activities--
(A) as a matter of claimed inherent authority; or
(B) under any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) and regulations
promulgated by the Secretary or the National Indian Gaming
Commission under that Act.
[[Page H5663]]
(6) Definitions.--For the purposes of this subsection:
(A) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(B) Tribe.--The term ``Tribe'' means the Santa Ynez Band of
Chumash Mission Indians.
Amendment No. 235 Offered by Mr. Lamb of Pennsylvania
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. MUSCULOSKELETAL INJURY PREVENTION RESEARCH.
(a) Program Required.--The Secretary of Defense shall carry
out a program on musculoskeletal injury prevention research
to identify risk factors for musculoskeletal injuries among
members of the Armed Forces and to create a better
understanding for adaptive bone formation during initial
entry military training.
(b) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Army, applied research, medical technology, line
040 (PE 0602787A) is hereby increased by $4,800,000 (with the
amount of such increase to be made available to carry out the
program on musculoskeletal injury prevention research under
subsection (a)).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in
the corresponding funding table in section 4101, for
shipbuilding and conversion, Navy, ship to shore connector,
line 024 is hereby reduced by $4,800,000.
Amendment No. 236 Offered by Mr. Lamb of Pennsylvania
Insert after section 713 the following new section:
SEC. 713A. DEMONSTRATION OF INTEROPERABILITY MILESTONES.
(a) Milestones.--
(1) Evaluation.--To demonstrate increasing levels of
interoperability, functionality, and seamless health care
within the electronic health record systems of the Department
of Defense and the Department of Veterans Affairs, the Office
shall seek to enter into an agreement with an independent
entity to conduct an evaluation of the following use cases of
such systems:
(A) By not later than 18 months after the date of the
enactment of this Act, whether a clinician of the Department
of Defense can access and meaningfully interact with a
complete veteran patient health record from a military
medical treatment facility.
(B) By not later than 18 months after the date of the
enactment of this Act, whether a clinician of the Department
of Veterans Affairs can access and meaningfully interact with
a complete patient health record of a member of the Armed
Forces serving on active duty from a medical center of the
Department of Veterans Affairs.
(C) By not later than two years after the date of the
enactment of this Act, whether a clinician in the Department
of Defense and the Department of Veterans Affairs can access
and meaningfully interact with the data elements of the
health record of a veteran patient or member of the Armed
Forces which are generated when the veteran patient or member
of the Armed Forces receives health care from a community
care provider of the Department of Veterans Affairs or a
TRICARE provider of the Department of Defense
(D) By not later than two years after the date of the
enactment of this Act, whether a community care provider of
the Department of the Veterans Affairs and a TRICARE provider
on a Health Information Exchange-supported electronic health
record can access a veteran and active-duty member patient
health record from the provider's system.
(E) By not later than two years after the enactment of this
Act, and subsequently after each significant implementation
wave, an assessment of interoperability between the legacy
electronic health record systems and the future electronic
health record systems of the Department of Veterans Affairs
and the Department of Defense.
(F) By not later than two years after the enactment of this
Act, and subsequently after each significant implementation
wave, an assessment of the use of interoperable content
between the legacy electronic health record systems and the
future electronic health record systems of the Department of
Veterans Affairs and the Department of Defense, and third-
party applications.
(2) Submission.--The Office shall submit to the appropriate
congressional committees a report detailing the evaluation,
methodology for testing, and findings for each milestone
demonstration under paragraph (1) by not later than the date
specified under such paragraph.
(b) System Configuration Management.--The Office shall--
(1) maintain the common configuration baseline for the
electronic health record systems of the Department of Defense
and the Department of Veterans Affairs; and
(2) continually evaluate the state of configuration, the
impacts on interoperability, and shall promote the
enhancement of such electronic health records systems.
(c) Regular Clinical Consultation.--The Office shall
convene at least annually a clinical workshop to include
clinical staff from the Department of Defense, the Department
of Veterans Affairs, the Coast Guard, community providers,
and other leading clinical experts to assess the state of
clinical use of the electronic health record systems and
whether the systems are meeting clinical and patient needs.
The clinical workshop shall make recommendations to the
Office on the need for any improvements or concerns with the
electronic health record systems.
(d) Clinician and Patient Satisfaction Survey.--Beginning
October 1, 2021, on at least a biannual basis, the Office
shall undertake a clinician and patient satisfaction survey
regarding clinical use and patient experience with the
electronic health record systems of the Department of Defense
and the Department of Veterans Affairs.
(e) Annual Reports.--Not later than September 30, 2020, and
annually thereafter, the Office shall submit to the
appropriate congressional committees a report on--
(1) the state of the configuration baseline under
subsection (b) and any activities which decremented or
enhanced the state of configuration; and
(2) the activities, assessments and recommendations of the
clinical workshop under subsection (c) and the response of
the Office to the workshop recommendations and any action
plans to implement the recommendations.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committees on Veterans' Affairs of the House of
Representatives and the Senate.
(2) The term ``configuration baseline'' means a fixed
reference in the development cycle or an agreed-upon
specification of a product at a point in time. It serves as a
documented basis for defining incremental change in all
aspects of an information technology product.
(3) The term ``interoperability'' means the ability of
different information systems, devices, or applications to
connect in a coordinated and secure manner, within and across
organizational boundaries, across the complete spectrum of
care, including all applicable care settings, and with
relevant stakeholders, including the person whose information
is being shared, to access, exchange, integrate, and use
computable data regardless of the data's origin or
destination or the applications employed, and without
additional intervention by the end user, including--
(A) the capability to reliably exchange information without
error;
(B) the ability to interpret and to make effective use of
the information so exchanged; and
(C) the ability for information that can be used to advance
patient care to move between health care entities, regardless
of the technology platform in place or the location where
care was provided.
(4) The term ``meaningfully interact'' means that
information can be viewed, consumed, acted upon, and edited
in a clinical setting to facilitate high quality clinical
decision making in a clinical setting.
(5) The term ``Office'' means the office established by
section 1635(b) of the Wounded Warrior Act (title XVI of
Public Law 110-181; 10 U.S.C. 1071 note).
(6) The term ``seamless health care'' means health care
which is optimized through access by patients and clinicians
to integrated, relevant, and complete information about the
patient's clinical experiences, social and environmental
determinants of health, and health trends over time in order
to enable patients and clinicians to move from task to task
and encounter to encounter, within and across organizational
boundaries, such that high-quality decisions may be formed
easily and complete plans of care may be carried out
smoothly.
(7) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
Amendment No. 237 Offered by Mr. Lamborn of Colorado
At the end of subtitle E of title XVI, add the following
new section:
SEC. 16__. REPORT AND BRIEFING ON MULTI-OBJECT KILL VEHICLE.
Not later than 120 days after the date of the enactment of
this Act, the Under Secretary of Defense for Research and
Engineering shall submit to the congressional defense
committees a report, and shall provide to such committees a
briefing, on the potential need for a multi-object kill
vehicle in future architecture of the ballistic missile
defense system. Such report and briefing shall include the
following:
(1) An assessment of the technology readiness level of
needed components and the operational system for the multi-
object kill vehicle.
(2) An assessment of the costs and a comprehensive
development and testing schedule to deploy the multi-object
kill vehicle by 2025.
(3) An assessment of whether the multi-object kill vehicle
was considered in the redesigned kill vehicle program re-
baseline as a replacement for future ground-based midcourse
defense system kill vehicles.
(4) A concept of operations with respect to how a multi-
object kill vehicle capability could be employed and how such
capability compares to alternative ground-based midcourse
defense system interceptors.
[[Page H5664]]
Amendment No. 238 Offered by Mr. Lamborn of Colorado
In section 355, strike subsection (c) and insert the
following:
(c) Limitation.--
(1) In general.--None of the funds authorized to be
appropriated in this Act for fiscal year 2020 shall be
available to enter into a global household goods contract
until the date that is 30 days after later of the following
dates:
(A) The date on which the Commander of United States
Transportation Command provides to the congressional defense
committees a briefing on--
(i) the business case analysis required by subsection (b);
and
(ii) the proposed structure and meeting schedule for the
advisory group established under subsection (a).
(B) The date on which the Comptroller General of the United
States submits to the congressional defense committees the
report required by paragraph (2).
(2) GAO report.--Not later than February 15, 2020, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on a comprehensive
study conducted by the Comptroller General that includes--
(A) an analysis of the effects that the outsourcing of the
management and oversight of the movement of household goods
to a private entity or entities would have on members of the
Armed Forces and their families;
(B) a comprehensive cost-benefit analysis; and
(C) recommendations for changes to the strategy of the
Department of Defense for the defense personal property
program.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from Oklahoma (Ms. Kendra S. Horn) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentlewoman from Oklahoma.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chairman, I yield 2 minutes to
the gentleman from Massachusetts (Mr. Lynch).
Mr. LYNCH. Mr. Chairman, I rise in support of the en bloc amendment
that includes my amendment to reestablish the Commission on Wartime
Contracting.
As the chairman of the Subcommittee on National Security, I can say
with great confidence that the Commission on Wartime Contracting has
been a solid and a reliable partner in congressional oversight of
military spending.
From 2008 to 2011, the Commission on Wartime Contracting held 25
hearings and issued 8 reports on critical oversight on issues including
contingency contracting in Iraq and Afghanistan and embassy security in
those countries.
The bottom line is that the Commission on Wartime Contracting found
tens of billions of dollars in waste, fraud, and abuse, and recommended
ways to improve our overseas contingency contracting process.
Despite the Commission's mandate having ended in 2011, today we
continue to expend billions of reconstruction dollars overseas with
little assurance that taxpayers or our sons and daughters in uniform
are getting the full benefit of those expenditures. In fact, in many
cases, we know that they are not. As the Special Inspector General for
Afghanistan Reconstruction recently noted, many of our projects there
are of questionable value or are at serious risk of failure and require
continued, sustained oversight.
Reauthorization of the Commission on Wartime Contracting will provide
additional oversight to help us avoid the wasteful mistakes of the
past.
In closing, I thank Chairman Smith, Ranking Member Thornberry, and
the gentlewoman from Oklahoma (Ms. Kendra S. Horn) for supporting my
amendment.
{time} 1945
Mr. THORNBERRY. Mr. Chair, I have no speakers here at this time, and
I reserve the balance of my time.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chair, I am pleased to yield 2
minutes to the gentleman from Nevada (Mr. Horsford).
Mr. HORSFORD. Mr. Chair, I thank the gentlewoman for yielding.
I am honored to stand to propose an amendment to the National Defense
Authorization Act, which is an opportunity to improve the security of
the American people and modernize defense policy to meet the demands of
emerging security threats.
For the first time in years, House Democrats finally have the chance
to voice our priorities for national defense. That is why I am happy to
introduce this amendment, which will increase by $5 million the Air
Force University Research Initiatives.
This program provides Department of Defense grants to competing
universities, including those in Nevada like the University of Nevada,
Las Vegas, and the Desert Research Institute, and gives our best and
brightest minds the opportunity to do the research necessary to develop
advanced defense technology.
Throughout U.S. history, it has been our continued research and
innovation that has secured America as the world's greatest power. My
amendment transfers money from Special Operations Command theater
forces, which is already robustly funded, and, instead, invests in the
wars of the future.
As security threats advance and change with weapons of modern war, we
must remember that innovation and development made us number one. We
must invest in programs that prepare our servicemembers to respond to
the threats of the 21st century.
Mr. THORNBERRY. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, the last speaker made a comment that this is the first
time in many years that House Democrats have an opportunity to put
their priorities on a defense bill. I realize the gentleman is new to
this body, but that statement is simply not true.
Last year, the House Armed Services Committee reported the bill to
the floor by a vote of 60-2. There were more Democratic amendments made
in order under the Rules Committee last year on the floor than there
were Republican amendments. The bill passed the House with 351 votes.
It has been a hallmark of the Armed Services Committee to work in a
collaborative way and to give every member of the committee and,
ultimately, of the House the opportunity to make an imprint on the
nature of this bill.
The reason I have to take a moment is just to contrast that with what
has happened this year. Both the vote coming out of committee and the
fact that of the contested amendments--in other words, of those
amendments where there was some disagreement, some debate, and a
potential vote. There were about 60 Democratic amendments, and there
was exactly one Republican amendment.
That limits the ability of the minority to shape the outcome of the
final bill. So the gentleman's statement has led me to want to
emphasize the difference this year versus prior years. I think it is
too bad, but I hope that at some point in this process, we can return
to that collaborative process.
I reserve the balance of my time.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chair, I yield 2 minutes to the
gentleman from Washington (Mr. Smith).
Mr. SMITH of Washington. Mr. Chair, I appreciate the gentleman's
comments, and I think he is absolutely right in the first half, and
absolutely wrong in the second half.
I would disagree with my colleague's comments that Democrats have not
had an opportunity to contribute to the process. We have in the past.
We worked in a bipartisan way.
It is, however, not true that this year everything is different.
Something was different, but not what I believe the ranking member
said. That is that we did include a large number of Republican
provisions, certainly in committee by the amendment process, and on the
floor.
The one sort of stark number here is, on the floor, we have not had a
large number of Republican amendments. There are a couple of reasons
for that. Number one, we have, I think, 15 or 16 en bloc packages, and
there are a large number of Republican amendments contained in that en
bloc package.
But as far as standalone amendments, there are a couple of problems.
One, traditionally, and this has happened to us as well, we had a lot
of our more controversial amendments, unless the majority party--at the
time, the Republicans--thought it was to their advantage to have us
vote on something that made us look bad, then they would let it in.
Otherwise, they wouldn't.
We kind of did the same thing. If there were amendments that we
didn't want, we didn't keep them. We did allow for Republican
priorities.
The reason, however, that there are fewer Republican amendments than
in
[[Page H5665]]
the past is because, for a long time, it has been the minority party's
plan this year to not support this bill. This is not a new thing. This
has been a debate.
As I mentioned yesterday, the reason for that was purely partisan.
And it is traditional. I have been working as a legislator long enough
to know that when Members are in the minority, they want the majority
party to fail. So whatever bill they are bringing up, the minority
tries to defeat it to gain leverage.
The Armed Services Committee has traditionally been different from
that. We don't do that on this bill. We work together in a
collaborative process to create the bill.
But this year, the minority party decided to treat the defense bill
like every other bill: We are in the minority. We want the bill to
fail.
The evidence of that is that I have worked with a lot of Members to
try to get amendments straightened out in Rules. On one in particular,
we worked with Representative Stefanik.
The Acting CHAIR. The time of the gentleman has expired.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chair, I yield an additional 1
minute to the gentleman from Washington.
Mr. SMITH of Washington. Mr. Chair, she didn't like the way we did
it, so she wanted to fix it. It had to do with the Under Secretary for
Intelligence and the title. It is kind of irrelevant what it was, but
we worked with her, and we got it solved.
We had it ready to go, and she pulled it today. She said she didn't
want to do it.
As I understand it, the reason was that she didn't want to feel
obligated to vote for the bill because we had cooperated and worked
with her. Well, how obnoxious of us to do that.
The games that are being played here are not primarily being played
by us.
Let me say to this body that I am 100 percent committed to
maintaining the bipartisanship of this committee, and what happened
this year won't change that at all.
I will say, in the past, the Republicans have not been as kind. We
had a Member who voted against the bill in committee a few years back.
He found out the next year that he got nothing in the bill because
voting against the bill was not allowed. We had a lot of Members vote
against it this year. I am not going to do that. We are going to keep
working together.
I want everyone listening to know that we on the Democratic side are
not the ones being partisan in this bill.
Mr. THORNBERRY. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I appreciate the comments of Chairman Smith about the
bipartisan contributions in the past, and that was the primary point I
wanted to make.
I do disagree with him about one key point. It was certainly never my
intention, and I do not believe the intention of any member of the
Armed Services Committee, to oppose this bill from the beginning.
As a matter of fact, as I indicated yesterday, for many of us, it was
a very challenging decision on how to vote with the bill coming out of
committee, not because there weren't serious, substantive
disagreements--there were--but there was hope that it was possible to
bridge those disagreements so that there could be some bend on both
sides to get to our traditional sort of bipartisan vote on the floor.
What definitely changed and is unprecedented is to have one
substantive, contested Republican amendment allowed on the floor--one--
versus 60 Democratic amendments. Those numbers speak for themselves.
There has been, other than the one amendment on low yield--Mr. Turner
yet to come--no other opportunity by Republicans on a contested issue.
There have been en blocs, Republican and Democratic, absolutely. That
is the way it is every year. But as far as standalone debates where it
is contested, there has been one opportunity for Republicans to improve
this bill. That has been disheartening because it makes it much more
difficult for people on this side of the aisle to get to where we can
support this bill.
I share the chairman's commitment. This is not about us. This is
about the troops. Our commitment is to work through every step of
whatever it takes to get to a point that we can do good by the men and
women who serve. That is the objective here.
I reserve the balance of my time.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chair, I yield 2 minutes to the
gentlewoman from Ohio (Ms. Kaptur).
Ms. KAPTUR. Mr. Chair, I thank the gentlewoman for yielding to me.
Mr. Chair, the amendment that I offer aims to expand the Department
of Defense's authority to work with the Coast Guard on youth science,
technology, engineering, and math programs.
For several years, I have worked closely with the U.S. Coast Guard to
engage on youth STEM programs. Earlier this year, the Coast Guard came
to me and acknowledged that to continue our efforts, they needed new
authority and advice. The specialties these dedicated public maritime
servants rely upon daily is rooted in science, technology, engineering,
and mathematics, yet they do not have the authority to engage beyond
volunteer status in their communities to build special capabilities in
young people for the future.
Meanwhile, the Department of Defense offers excellent examples of the
benefits of such programming and holds the respective experience in
successful applications, such as the STARBASE program.
Now more than ever, the future of our country, our very prosperity
and security, depends on an effective and inclusive STEM education-
reliant workforce. That begins with our youth.
Basic STEM concepts are best learned at an earlier age and are
central prerequisites for career technical training, advanced college-
level and graduate study, and success in various workplaces.
Given the Coast Guard's mission of coastal defense, maritime law
enforcement, and maritime operations, the Coast Guard, too, has a
vested interest to advance STEM youth exposure.
With my amendment, we can invest in the future of America's youth and
the Coast Guard itself by expanding the Department of Defense's ability
to work with the Coast Guard on youth STEM programming to transfer
know-how. I urge my colleagues to support this amendment.
Mr. THORNBERRY. Mr. Chair, I have no further speakers at this time,
and I yield back the balance of my time.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chair, I encourage my colleagues
to support the en bloc package, as well as the NDAA upon final passage,
and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Oklahoma (Ms. Kendra S. Horn).
The en bloc amendments were agreed to.
Amendments En Bloc No. 10 Offered by Ms. Kendra S. Horn of Oklahoma
Ms. KENDRA S. HORN of Oklahoma. Mr. Chair, pursuant to House
Resolution 476, I offer amendments en bloc as the designee of the
gentleman from Washington (Mr. Smith).
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 10 consisting of amendment Nos. 239, 240, 241,
242, 243, 244, 245, 246, 247, 248, 249, 250, 252, 253, 254, 255, 256,
257, 258, 259, 260, 261, 262, 263, and 264, printed in part B of House
Report 116-143, offered by Ms. Kendra S. Horn of Oklahoma:
Amendment No. 239 Offered by Mr. Langevin of Rhode Island
Page 392, line 6, strike ``and''.
Page 392, line 16, strike the period at the end and insert
``; and''.
Page 392, after line 16, insert the following:
(H) cybersecurity metrics of the software to be acquired,
such as metrics relating to the density of vulnerabilities
within the code, the time from vulnerability identification
to patch availability, the existence of common weaknesses
within the code, and other cybersecurity metrics based on
widely-recognized standards and industry best practices, are
generated and made available to the Department of Defense and
the congressional defense committees.
Amendment No. 240 Offered by Mr. Langevin of Rhode Island
At the end of subtitle C of title XVI, add the following:
SEC. 1633. NATIONAL SECURITY PRESIDENTIAL MEMORANDUMS
RELATING TO DEPARTMENT OF DEFENSE OPERATIONS IN
CYBERSPACE.
Not later than 30 days after the date of the enactment of
this Act, the President shall provide the congressional
defense committees with a copy of all National Security
[[Page H5666]]
Presidential Memorandums relating to Department of Defense
operations in cyberspace.
Amendment No. 241 Offered by Mr. Langevin of Rhode Island
At the end of subtitle A of title XII, add the following:
SEC. _. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL
OPERATIONS FOR IRREGULAR WARFARE.
Section 1202(a) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is
amended by striking ``2020'' and inserting ``2023''.
Amendment No. 242 Offered by Mr. Langevin of Rhode Island
At the end of subtitle D of title X, insert the following:
SEC. 10__. MODIFICATION OF SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``authorized'' before
``ongoing''; and
(2) in subsection (d)(2)--
(A) in subparagraph (A), by inserting ``and a description
of the authorized ongoing operation'' before the period at
the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by striking subparagraphs (B) and inserting the
following new subparagraphs after subparagraph (A):
``(B) A description of the foreign forces, irregular
forces, groups, or individuals engaged in supporting or
facilitating the authorized ongoing operation who will
receive the funds provided under this section.
``(C) A detailed description of the support provided or to
be provided to the recipient of the funds.''; and
(D) by adding at the end the following new subparagraphs:
``(E) A detailed description of the legal and operational
authorities related to the authorized ongoing operation,
including relevant execute orders issued by the Secretary of
Defense and combatant commanders related to the authorized
ongoing operation, including an identification of operational
activities United States Special Operations Forces are
authorized to conduct under such execute orders.
``(F) The duration for which the support is expected to be
provided and an identification of the timeframe in which the
provision of support will be reviewed by the combatant
commander for a determination regarding the necessity of
continuation of support.''.
Amendment No. 243 Offered by Mr. Larsen of Washington
At the end of subtitle H of title X insert the following:
SEC. ___. CHINESE LANGUAGE AND CULTURE STUDIES WITHIN THE
DEFENSE LANGUAGE AND NATIONAL SECURITY
EDUCATION OFFICE.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-Wide, Defense Human
Resources Activity, line 220 is hereby increased by
$13,404,000 (with the amount of such increase to be made
available for Chinese language and culture studies within the
Defense Language and National Security Education Office).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in
the corresponding funding table in section 4101, for other
procurement, Army, Installation Info Infrastructure MOD
Program, line 63 is hereby reduced by $13,404,000.
Amendment No. 244 Offered by Mr. Larsen of Washington
Page 724, line 18, insert ``, universities,'' after
``agencies''.
Page 724, line 24, insert before the semicolon the
following: ``, and by providing such best practices with
grantees and universities at the time of awarding such grants
or entering into research contracts''.
Page 724, after line 24, insert the following new subclause
(and redesignate the subsequent subclauses accordingly):
(VI) a remediation plan for grantees and universities to
mitigate the risks regarding such threats before research
grants or contracts are cancelled because of such threats;
Amendment No. 245 Offered by Mr. Larsen of Washington
At the end of subtitle H of title X, add the following new
section:
SEC. 10__. MODIFICATION OF PROHIBITION ON AVAILABILITY OF
FUNDS FOR CHINESE LANGUAGE PROGRAMS AT CERTAIN
INSTITUTIONS OF HIGHER EDUCATION.
Section 1091(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1997) is amended--
(1) by striking ``None of the funds'' and inserting the
following:
``(1) In general.--None of the funds''; and
(2) by adding at the end the following new paragraph:
``(2) Transition plan .--The Secretary of Defense shall
develop a transition plan for each institution of higher
education subject to the limitation under paragraph (1).
Under the transition plan, the institution may regain
eligibility to receive funds from the Department of Defense
for Chinese language training by developing an independent
Chinese language program with no connection to a Confucius
Institute.''.
Amendment No. 246 Offered by Mrs. Lawrence of Michigan
Page 733, after line 15, insert the following:
SEC. 1092. LESSONS LEARNED AND BEST PRACTICES ON PROGRESS OF
GENDER INTEGRATION IMPLEMENTATION IN THE ARMED
FORCES.
The Secretary of Defense shall direct each component of the
Armed Forces to share lessons learned and best practices on
the progress of their gender integration implementation plans
and to communicate strategically that progress with other
components of the Armed Forces as well as the general public,
as recommended by the Defense Advisory Committee on Women in
the Services.
Amendment No. 247 Offered by Mrs. Lawrence of Michigan
At the end of subtitle H of title X, insert the following:
SEC. 10__. STRATEGIES FOR RECRUITMENT AND RETENTION OF WOMEN
IN THE ARMED FORCES.
The Secretary of each of the military departments shall--
(1) examine successful strategies in use by foreign
military services to recruit and retain women; and
(2) consider potential best practices for implementation in
the United States Armed Forces, as recommended by the Defense
Advisory Committee on Women in the Services.
Amendment No. 248 Offered by Mrs. Lee of Nevada
At the end of subtitle C of title VII, add the following
new section:
SEC. 729. UPDATE OF DEPARTMENT OF DEFENSE REGULATIONS,
INSTRUCTIONS, AND OTHER GUIDANCE TO INCLUDE
GAMBLING DISORDER.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall update all regulations, instructions, and
other guidance of the Department of Defense and the military
departments with respect to behavioral health to explicitly
include gambling disorder. In carrying out this subsection,
the Secretary shall implement the recommendations of the
Comptroller General of the United States numbered 2 through 6
in the report by the Comptroller General titled ``Military
Personnel: DOD and the Coast Guard Need to Screen for
Gambling Disorder Addiction and Update Guidance'' (numbered
GAO-17-114).
(b) Military Departments Defined.--In this section, the
term ``military departments'' has the meaning given that term
in section 101(8) of title 10, United States Code.
amendment no. 249 offered by mrs. lee of nevada
Page 353, line 19, strike ``leadership of''.
Page 353, line 23, insert ``(a) Leadership.--'' before
``Subsection''.
Page 356, after line 15, add the following:
(b) Authority.--Paragraph (1) of subsection (b) of such
section is amended by adding at the end the following new
sentence: ``The Office shall carry out decision making
authority delegated to the office by the Secretary of Defense
and the Secretary of Veterans Affairs with respect to the
definition, coordination, and management of functional,
technical, and programmatic activities that are jointly used,
carried out, and shared by the Departments.''.
(c) Purposes.--Paragraph (2) of subsection (b) of such
section is by adding at the end the following new
subparagraphs:
``(C) To develop and implement a comprehensive
interoperability strategy, including pursuant to the National
Defense Authorization Act for Fiscal Year 2020 or other
provision of law requiring such strategy.
``(D) To pursue the highest level of interoperability (as
defined in section 713 of the National Defense Authorization
Act for Fiscal Year 2020) for the delivery of health care by
the Department of Defense and the Department of Veterans
Affairs.
``(E) To accelerate the exchange of health care information
between the Departments in order to support the delivery of
health care by both Departments.
``(F) To collect the operational and strategic requirements
of the Departments relating to the strategy under subsection
(a) and communicate such requirements and activities to the
Office of the National Coordinator for Health Information
Technology of the Department of Health and Human Services for
the purpose of implementing title IV of the 21st Century
Cures Act (division A of Public Law 114-255), and the
amendments made by that title, and other objectives of the
Office of the National Coordinator for Health Information
Technology.
``(G) To plan for and effectuate the broadest possible
implementation of standards, specifically with respect to the
Fast Healthcare Interoperability Resources standard or
successor standard, the evolution of such standards, and the
obsolescence of such standards.
``(H) To actively engage with national and international
health standards setting organizations, including by taking
membership in such organizations, to ensure that standards
established by such organizations meet the needs of the
Department of Defense and the Department of Veterans Affairs
pursuant to the strategy under subsection (a), and
[[Page H5667]]
oversee and approve adoption of and mapping to such standards
by the Departments.
``(I) To express the content and format of health data of
the Departments using a common language to improve the
exchange of data between the Departments and with the private
sector, and to ensure that clinicians of both Departments
have access to integrated, computable, comprehensive health
records of patients.
``(J) To inform each Chief Information Officer of the
Department of Defense and the Chief Information Officer of
the Department of Veterans Affairs of any activities of the
Office affecting or relevant to cybersecurity.''.
(d) Resources and Staffing.--Subsection (g) of such section
is amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``, including the assignment of clinical
or technical personnel of the Department of Defense or the
Department of Veterans Affairs to the Office''; and
(2) by adding at the end the following new paragraphs:
``(3) Cost sharing.--The Secretary of Defense and the
Secretary of Veterans Affairs, acting through the Department
of Veterans Affairs-Department of Defense Joint Executive
Committee, shall enter into an agreement on cost sharing and
providing resources for the operations and staffing of the
Office.
``(4) Hiring authority.--The Secretary of Defense and the
Secretary of Veterans Affairs shall delegate to the Director
the authority under title 5, United States Code, regarding
appointments in the competitive service to hire personnel of
the Office.''.
(e) Budget Matters.--Such section is amended by adding at
the end the following new subsection:
``(k) Budget and Contracting Matters.--
``(1) Budget.--The Director may obligate and expend funds
allocated to the operations of the Office.
``(2) Contract authority.--The Director may enter into
contracts to carry out this section.''.
(f) Reports.--Subsection (h) of such section is amended to
read as follows:
``(h) Reports.--
``(1) Annual reports.--Not later than September 30, 2020,
and each year thereafter through 2024, the Director shall
submit to the Secretary of Defense and the Secretary of
Veterans Affairs, and to the appropriate committees of
Congress, a report on the activities of the Office during the
preceding calendar year. Each report shall include the
following:
``(A) A detailed description of the activities of the
Office during the year covered by such report, including a
detailed description of the amounts expended and the purposes
for which expended.
``(B) With respect to the objectives of the strategy under
paragraph (2)(C) of subsection (b), and the purposes of the
Office under such subsection--
``(i) a discussion, description, and assessment of the
progress made by the Department of Defense and the Department
of Veterans Affairs during the preceding calendar year; and
``(ii) a discussion and description of the goals of the
Department of Defense and the Department of Veterans Affairs
for the following calendar year.
``(2) Quarterly reports.--On a quarterly basis, the
Director shall submit to the appropriate committees of
Congress a detailed financial summary of the activities of
the Office, including the funds allocated to the Office by
each Department, the expenditures made, and an assessment as
to whether the current funding is sufficient to carry out the
activities of the Office.
``(3) Availability.--Each report under this subsection
shall be made publicly available.''.
(g) Conforming Repeal.--Section 713 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 1071 note) is repealed.
amendment no. 250 offered by mrs. lesko of arizona
At the end of subtitle C of title I, add the following new
section:
SEC. __. AIR FORCE AGGRESSOR SQUADRON MODERNIZATION.
(a) Sense of the House of Representatives.--It is the sense
of the House of Representatives that--
(1) it is critical that the Air Force has the capability to
train against an advanced air adversary in order to be
prepared for conflicts against a modern enemy force;
(2) in order to have this capability, Air Force must have
access to an advanced adversary force prior to United States
adversaries fielding a 5th-generation operational capability;
and
(3) the Air Force's plan to use low-rate initial production
F-35As as aggressor aircraft reflects a recognition of the
need to field a modernized aggressor fleet.
(b) Report.--
(1) In general.--No later than 6 months prior to the
transfer of any low-rate initial production F-35 aircraft for
use as aggressor aircraft, the Chief of Staff of the Air
Force shall submit to the congressional defense committees,
and the Member of Congress and the Senators who represent
bases from where aircraft may be transferred, a comprehensive
plan and report on the strategy for modernizing the organic
aggressor fleet.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) Potential locations for F-35A aggressor aircraft,
including an analysis of installations that--
(i) have the size and availability of airspace necessary to
meet flying operations requirements;
(ii) have sufficient capacity and availability of range
space;
(iii) are capable of hosting advanced-threat training
exercises; and
(iv) meet or require minimal addition to the environmental
requirements associated with the basing action.
(B) An analysis of the potential cost and benefits of
expanding aggressor squadrons currently operating 18 Primary
Assigned Aircraft (PAA) to a level of 24 PAA each.
(C) An analysis of the cost and timelines associated with
modernizing the current Air Force aggressor squadrons to
include upgrading aircraft's radar, infrared search-and-track
systems, radar warning receiver, tactical datalink, threat-
representative jamming pods, and other upgrades necessary to
provide a realistic advanced adversary threat.
(D) Any costs associated with moving the aircraft.
(E) Any jobs on the relevant military installation that may
be affected by said changes.
amendment no. 252 offered by mr. levin of michigan
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. COMPTROLLER GENERAL REPORT ON CONTRACTOR VIOLATIONS
OF CERTAIN LABOR LAWS.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller of the United States shall submit a
report to Congress on the number of contractors--
(1) that performed a contract with the Department of
Defense during the five-year period preceding the date of the
enactment of this Act; and
(2) that have been found by the Department of Labor to have
committed willful or repeat violations of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) or the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), and
the nature of the violations committed.
amendment no. 253 offered by mr. levin of california
At the end of subtitle C of title II add the following new
section:
SEC. 2__. INCREASE IN FUNDING FOR NAVAL UNIVERSITY RESEARCH
INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201 for Navy basic research, University
Research Initiatives, line 001 (PE 0601103N) is hereby
increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-wide, operating
forces, Special Operations Command Theater Forces, line 100
is hereby reduced by $5,000,000.
amendment no. 254 offered by mr. levin of california
At the end of subtitle G of title V, add the following:
SEC. 567. ASSESSMENT AND STUDY OF TRANSITION ASSISTANCE
PROGRAM.
(a) One-year Independent Assessment of the Effectiveness of
TAP.--
(1) Independent assessment.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs, in consultation with the covered officials,
shall enter into an agreement with an appropriate entity with
experience in adult education to carry out a 1-year
independent assessment of TAP, including--
(A) the effectiveness of TAP for members of each military
department during the entire military life cycle;
(B) the appropriateness of the TAP career readiness
standards;
) a review of information that is provided to the
Department of Veterans Affairs under TAP, including mental
health data;
(D) whether TAP effectively addresses the challenges
veterans face entering the civilian workforce and in
translating experience and skills from military service to
the job market;
(E) whether TAP effectively addresses the challenges faced
by the families of veterans making the transition to civilian
life;
(F) appropriate metrics regarding TAP outcomes for members
of the Armed Forces one year after separation, retirement, or
discharge from the Armed Forces;
(G) what the Secretary, in consultation with the covered
officials and veterans service organizations determine to be
successful outcomes for TAP;
(H) whether members of the Armed Forces achieve successful
outcomes for TAP, as determined under subparagraph (G);
(I) how the Secretary and the covered officials provide
feedback to each other regarding such outcomes;
(J) recommendations for the Secretaries of the military
departments regarding how to improve outcomes for members of
the Armed Forces after separation, retirement, and discharge;
and
[[Page H5668]]
(K) other topics the Secretary and the covered officials
determine would aid members of the Armed Forces as they
transition to civilian life.
(2) Report.--Not later than 90 days after the completion of
the independent assessment under paragraph (1), the Secretary
and the covered officials, shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives
and the Committees on Armed Services of the Senate and House
of Representatives--
(A) the findings and recommendations (including recommended
legislation) of the independent assessment prepared by the
entity described in paragraph (1); and
(B) responses of the Secretary and the covered officials to
the findings and recommendations described in subparagraph
(G).
(3) Definitions.--In this section:
(A) The term ``covered officials'' is comprised of--
(I) the Secretary of Defense;
(ii) the Secretary of Labor;
(iii) the Administrator of the Small Business
Administration; and
(iv) the Secretaries of the military departments.
(B) The term ``military department'' has the meaning given
that term in section 101 of title 10, United States Code.
(b) Longitudinal Study on Changes to TAP.--
(1) Study.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
consultation with the Secretaries of Defense and Labor and
the Administrator of the Small Business Administration, shall
conduct a five-year longitudinal study regarding TAP on three
separate cohorts of members of the Armed Forces who have
separated from the Armed Forces, including--
(A) a cohort that has attended TAP counseling as
implemented on the date of the enactment of this Act;
(B) a cohort that attends TAP counseling after the
Secretaries of Defense and Labor implement changes
recommended in the report under subsection a(2); and
) a cohort that has not attended TAP counseling.
(2) Progress reports.--Not later than 90 days after the day
that is one year after the date of the initiation of the
study under paragraph (1) and annually thereafter for the
three subsequent years, the Secretaries of Veterans Affairs,
Defense, and Labor, and the Administrator of the Small
Business Administration, shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives
and the Committees on Armed Services of the Senate and House
of Representatives a progress report of activities under the
study during the immediately preceding year.
(3) Final report.--Not later than 180 days after the
completion of the study under paragraph (1), the Secretaries
of Veterans Affairs, Defense, and Labor, and the
Administrator of the Small Business Administration, shall
submit to the Committees on Veterans' Affairs of the Senate
and House of Representatives and the Committees on Armed
Services of the Senate and House of Representatives a report
of final findings and recommendations based on the study.
(4) Elements.--The final report under paragraph (3) shall
include information regarding the following:
(A) The percentage of each cohort that received
unemployment benefits during the study.
(B) The numbers of months members of each cohort were
employed during the study.
) Annual starting and ending salaries of members of each
cohort who were employed during the study.
(D) How many members of each cohort enrolled in an
institution of higher learning, as that term is defined in
section 3452(f) of title 38, United States Code.
(E) The academic credit hours, degrees, and certificates
obtained by members of each cohort during the study.
(F) The annual income of members of each cohort.
(G) The total household income of members of each cohort.
(H) How many members of each cohort own their principal
residences.
(I) How many dependents that members of each cohort have.
(J) The percentage of each cohort that achieves a
successful outcome for TAP, as determined under subsection
(1)(G).
(K) Other criteria the Secretaries and the Administrator of
the Small Business Administration determine appropriate.
amendment no. 255 offered by mr. levin of california
At the end of subtitle G of title X, insert the following:
SEC. 10__. REPORT ON COMBATING TRAFFICKING IN PERSONS
INITIATIVE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an
analysis of the progress of the Department of Defense in
implementing the Combating Trafficking in Persons Initiative,
published in 2007 and as revised on June 21, 2019.
amendment no. 256 offered by mr. ted lieu of california
At the end of subtitle G of title XII, add the following:
SEC. _. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED
STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN
THE ONGOING CIVIL WAR IN YEMEN.
For the two-year period beginning on the date of the
enactment of this Act, the Department of Defense may not
provide in-flight refueling pursuant to section 2342 of title
10, United States Code, or any other applicable statutory
authority to non-United States aircraft that engage in
hostilities in the ongoing civil war in Yemen unless and
until a declaration of war or a specific statutory
authorization for such use of United States Armed Forces has
been enacted.
amendment no. 257 offered by mr. ted lieu of california
Add at the end of subtitle G of title XII the following:
SEC. __. UNITED STATES STRATEGY FOR LIBYA.
(a) Report Required.--Not later than 120 days after the
date of enactment of this Act, the President shall submit to
the appropriate congressional committees a report that
contains a strategy for Libya.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) An explanation of the strategy for Libya, including a
description of the ends, ways, and means inherent to the
strategy.
(2) An explanation of the legal authorities supporting the
strategy.
(3) A detailed description of U.S. counterterrorism and
security partnerships with Libyan actors.
(4) A detailed description of Libyan security actors and an
assessment of how those actors advance or undermine stability
in Libya and or U.S. strategic interests in Libya.
(5) A detailed description of how Libyan security actors
support or obstruct civilian authorities and U.N. led efforts
towards a political settlement of the conflict.
(6) A detailed description of the military activities of
external actors in Libya, including Russia, Egypt, France,
Qatar, the Kingdom of Saudi Arabia, Turkey, and the United
Arab Emirates, including assessments of whether those
activities:
(A) have undermined progress towards stabilization,
including the United Nations-led negotiations;
(B) involve United States-origin equipment and violate
contractual conditions of acceptable use of such equipment;
or
(C) violate or seek to violate the United Nations arms
embargo on Libya imposed pursuant to United Nations Security
Council Resolution 1970 (2011).
(7) A plan to integrate the United States diplomatic,
development, military, and intelligence resources necessary
to implement the strategy.
(8) A detailed description of the roles of the United
States Armed Forces in supporting the strategy.
(9) Any other matters as the President considers
appropriate.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
amendment no. 258 offered by mr. loebsack of iowa
At the end of subtitle C of title III, insert the
following:
SEC. 3__. EXTENSION OF TEMPORARY INSTALLATION REUTILIZATION
AUTHORITY FOR ARSENALS, DEPOTS AND PLANTS.
(a) Ensuring Viability of Arsenals, Depots and Plants.--
Section 345(d) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2667 note) is
amended by striking ``September 30, 2020'' and inserting
``September 30, 2025''.
(b) Report Required .-- Not later than March 1, 2020, the
Secretary of the Army shall submit to the congressional
defense committees a report that includes--
(1) the results of a needs assessment conducted by the
Secretary to determine the logistical, information
technology, and security requirements to create an internal
listing service of Army assets available for lease at
Arsenal's, depots and plants; and
(2) information from any previous Army assessments or
inventory of real property.
amendment no. 259 offered by mr. loebsack of iowa
At the end of subtitle B of title II, add the following:
SEC. ___. STEM JOBS ACTION PLAN.
(a) Findings.--Congress finds the following:
(1) Jobs in science, technology, engineering, and math in
addition to maintenance and manufacturing (collectively
referred to in this section as ``STEM'') make up a
significant portion of the workforce of the Department of
Defense.
(2) These jobs exist within the organic industrial base,
research, development, and engineering centers, life-cycle
management commands, and logistics centers of the Department.
(3) Vital to the continued support of the mission of all of
the military services, the
[[Page H5669]]
Department needs to maintain its STEM workforce.
(4) It is known that the demographics of personnel of the
Department indicate that many of the STEM personnel of the
Department will be eligible to retire in the next few years.
(5) Decisive action is needed to replace STEM personnel as
they retire to ensure that the military does not further
suffer a skill and knowledge gap and thus a serious readiness
gap.
(b) Assessments and Plan of Action.--The Secretary of
Defense, in conjunction with the Secretary of each military
department, shall --
(1) perform an assessment of the STEM workforce for
organizations within the Department of Defense, including the
numbers and types of positions and the expectations for
losses due to retirements and voluntary departures;
(2) identify the types and quantities of STEM jobs needed
to support future mission work;
(3) determine the shortfall between lost STEM personnel and
future requirements;
(4) analyze and explain the appropriateness and impact of
using reimbursable and working capital fund dollars for new
STEM hires;
(5) identify a plan of action to address the STEM jobs gap,
including hiring strategies and timelines for replacement of
STEM employees; and
(6) deliver to Congress, not later than December 31, 2020,
a report specifying such plan of action.
amendment no. 260 offered by mr. lowenthal of california
At the end of subtitle C of title XXVIII, add the following
new section:
SEC. 28__. CONTINUED DEPARTMENT OF DEFENSE USE OF HEATING,
VENTILATION, AND AIR CONDITIONING SYSTEMS
UTILIZING VARIABLE REFRIGERANT FLOW.
Notwithstanding any provision of law to the contrary, the
Department of Defense may continue to consider and select
heating, ventilation, and air conditioning systems that
utilize variable refrigerant flow as an option for use in
Department of Defense facilities.
amendment no. 261 offered by mr. lucas of oklahoma
Page 948, line 4, strike ``(b)''.
Page 948, line 9, strike ``; and'' and insert ``;''.
Page 948, line 10, strike ``paragraph (2)(C)'' and insert
``subsection (a)(2)(C)''.
Page 948, line 12, strike the period at the end and insert
``; and''.
Page 948, after line 12 insert the following:
(3) in subsection (b)(1)--
(A) by inserting after ``the Secretary of Defense,'' the
following: ``in coordination with the Administrator of the
National Aeronautics and Space Administration,'';
(B) by inserting after ``defense'' the following: ``and
science'' ;
(C) by inserting after ``the Department of Defense'' the
following: ``and the National Aeronautics and Space
Administration'';
(4) in subsection (b)(2)(D), by inserting after ``the
Secretary'' the following: ``or the Administrator of the
National Aeronautics and Space Administration''.
amendment no. 262 offered by mr. lujan of new mexico
At the end of subtitle B of title XXXI, add the following
new section:
SEC. 31__. ACCOUNTING PRACTICES OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION FACILITIES.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Energy should ensure that each laboratory
operating contractor or plant or site manager of National
Nuclear Security Administration sites applies generally
accepted and consistent accounting best practices for
laboratory, plant, or site directed research and development.
(b) Report Required.--Not later than 210 days after the
date of the enactment of this Act, the Administrator for
Nuclear Security shall submit to the congressional defense
committees a report that assesses the costs, benefits, risks,
and other effects of the pilot program under section 3119 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 50 U.S.C. 2791 note).
amendment no. 263 offered by mr. lujan of new mexico
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. STUDY AND REPORT ON LAB-EMBEDDED ENTREPRENEURIAL
FELLOWSHIP PROGRAM.
(a) Study.--The Under Secretary of Defense for Research and
Engineering, in consultation with the Director of the
Advanced Manufacturing Office of the Department of Energy,
shall conduct a study on the feasibility and potential
benefits of establishing a lab-embedded entrepreneurial
fellowship program.
(b) Elements.--The study under subsection (a) shall
include, with respect to a lab-embedded entrepreneurial
fellowship program, the following:
(1) An estimate of administrative and programmatic costs
and materials, including appropriate levels of living
stipends and health insurance to attract a competitive pool
of applicants.
(2) An assessment of capacity for entrepreneurial fellows
to use laboratory facilities and equipment.
(3) An assessment of the benefits for participants in the
program through access to mentorship, education, and
networking and exposure to leaders from academia, industry,
government, and finance.
(4) Assessment of the benefits for the Department of
Defense science and technology activities through
partnerships and exchanges with program fellows.
(5) An estimate of the economic benefits created by the
implementation of this program, based in part on similar
entrepreneurial programs.
(c) Consultation.--In conducting the study under subsection
(a), the Under Secretary of Defense for Research and
Engineering shall consult with the following, as necessary:
(1) The Director of the Defense Advanced Research Projects
Agency.
(2) The Director of Research for each military service.
(3) Relevant research facilities, including the Department
of Energy National Laboratories (as defined in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801)).
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall submit to the designated
recipients a report on the results of the study conducted
under subsection (a). At minimum, the report shall include an
explanation of the results of the study with respect to each
element set forth in subsection (b).
(2) Nonduplication of efforts.--The Under Secretary of
Defense for Research and Engineering may use or add to any
existing reports completed by the Department in order to meet
the reporting requirement under paragraph (1).
(3) Form of report.--The report under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(e) Definitions.--In this section:
(1) The term ``designated recipients'' means the following:
(A) The Committee on Armed Services, the Committee on
Science, Space, and Technology, and the Committee on
Appropriations of the House of Representatives.
(B) The Committee on Armed Services, the Committee on
Energy and Natural Resources, and the Committee on
Appropriations of the Senate.
(C) The Secretary of Defense.
(D) The Secretary of Energy.
(2) The term ``lab-embedded entrepreneurial fellowship
program'' means a competitive, two-year program in which
participants (to be known as ``fellows'') are selected from a
pool of applicants to work in a Federal research facility
where the fellows will conduct research, development, and
demonstration activities, commercialize technology, and train
to be entrepreneurs.
amendment no. 264 offered by mr. lujan of new mexico
At the end of subtitle B of title III, insert the
following:
SEC. __. FINDINGS, PURPOSE, AND APOLOGY.
Section 2(a)(1) of the Radiation Exposure Compensation Act
(Public Law 101-426; 42 U.S.C. 2210 note) is amended by
inserting ``, including individuals in New Mexico, Idaho,
Colorado, Arizona, Utah, Texas, Wyoming, Oregon, Washington,
South Dakota, North Dakota, Nevada, Guam, and the Northern
Mariana Islands,'' after ``tests exposed individuals''.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from Oklahoma (Ms. Kendra S. Horn) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentlewoman from Oklahoma.
Ms. KENDRA S. HORN of Oklahoma. Mr. Chair, I yield 8 minutes to the
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Chair, I thank the gentlewoman from Oklahoma for
yielding, and I thank the chairman of the full committee, Chairman
Smith, for his important leadership, collaboration, and cooperation
with me on these amendments.
I also thank my colleague from Texas, Ranking Member Thornberry, for
his support and work on these amendments and on the work of the NDAA.
I thank them both for their important work on behalf of the men and
women of the United States military.
{time} 2000
The Jackson Lee amendment No. 203 directs the Secretary of Defense to
promulgate regulations to ensure that candidates granted admission to
attend a military academy undergo screening for speech disorders and be
provided the results of the screening test and a list of warfare
unrestricted line officer positions and occupation specialists that
require successful performance on the speech test. Academy students
shall have the option of undergoing speech therapy to reduce speech
disorders or impediments.
[[Page H5670]]
Specifically, this amendment is intended to help military academy
candidates who have stuttering-related speech disorders.
Madam Chair, 5 to 10 percent of all children stutter. Boys are two to
three times more likely to stutter than girls. Approximately 75 percent
of children recover from stuttering, but the remaining 25 percent will
experience lifelong effects.
I learned about the issue of stuttering and its implications for a
successful military career through the experiences of a legislative
fellow currently serving in my Washington, D.C., office. He is a 2016
graduate from the United States Naval Academy with a degree in
operations research and a veteran naval officer who was separated from
the Navy in April 2019. His separation was not due to any fault of his
own but because of the current processes of the United States Navy and
the United States Naval Academy relating to speech fluency issues
relating to stuttering.
Let me also say that there was an ad that we have seen on television
about a young man who was confronting a doctor during World War I and
World War II. It had to do with ancestry. He was insisting that he was
in good health, and the doctor said no. The end of the story is they
showed that he prevailed, and he went to World War I or II and even won
a Purple Heart.
This Navy lieutenant's stuttering was not severe and undetectable to
most individuals who engage him in conversation. He went on to secure a
screening by the flight doctor. The flight doctor then administered a
speech fluency test. During the test, his speech fluency did not meet
naval standards, but he was an important contributor to the United
States Navy.
At the time, he advised the doctor that he might not be able to do
the surface war command officer that he had selected even though he
wanted to be an aviator. He then went on to another discipline, surface
warfare officer. Then after graduating from the United States Naval
Academy with an operations research degree, he served aboard the USS
Scout.
His captain said that he was able in every way. It was clear that he
might not be able to be a surface warfare officer, but he was able.
What happened was a tragedy. He went on to seek extra care. His
overall speech fluency improved. The captain decided that transferring
to a different community would be the best option. That was the
captain's decision.
Unfortunately, because of the speech impediment that could not be
heard, he was sent to a Probationary Officer Continuation and Retention
Board, the wrong board to be sent to, and a speech impediment was not
considered a medical issue. Therefore, he could not go before the
medical board.
This very fine African American graduate of the academy could not
serve because we did not do him service. We did not do him the kind of
service that he needed to have. Unfortunately, this board was not
really meant for someone who was capable, qualified, and ready. This is
one where you do not have a right to appeal, if you can imagine that,
and no one ever notifies you why.
I am here today to say that my amendment will, hopefully, have an
impact on the many different young soldiers who want to serve.
Madam Chair, can you believe a half million dollars was spent on his
education?
Let me indicate that this amendment is supported by the National
Stuttering Association. The National Stuttering Association says that
we support the Jackson Lee amendment No. 203 that allows for military
academy candidates to have access to, and options for, undergoing
speech therapy to successfully manage speech disorders or impediments
so that entry into officer or occupational specialist positions in the
military is possible. Military personnel who stutter can be and are
effective communicators, and stuttering does not limit military career
aspirations.
Jimmy Stewart became an aviator in World War II and reached the rank
of brigadier general on July 23, 1959, a little later than World War
II. He retired from military service on May 31, 1968.
Madam Chair, I include in the Record a letter from National
Stuttering Association and the famous people who stutter.
National Stuttering Association,
New York, NY, July 11, 2019.
Congresswoman Sheila Jackson Lee,
Washington, DC.
Congresswoman Sheila Jackson Lee: The National Stuttering
Association (NSA) is the largest non-profit organization in
the world dedicated to bringing hope and empowerment to
children and adults who stutter, families and professionals,
through support, education, advocacy, and research. We have
long worked with individuals and communities to increase
understanding of stuttering and to improve outcomes for
people who stutter in all aspects of their lives.
Over the last several years, we have enhanced outreach
efforts to raise stuttering awareness to colleges and
universities, employers and the military. A recurrent theme
we hear from young people and adults who stutter are barriers
to employment and career success based on false assumptions
about stuttering. To that end, we have developed and enhanced
educational outreach programs for employers, which of course
includes the military. Just last year, a stuttering support
chapter was launched at Wright Patterson AFB, at the request
of personnel who stutter.
We support Jackson Lee Amendment #203 that allows for
military academy candidates to have access to, and options
for, undergoing speech therapy to successfully manage speech
disorders or impediments so that entry into Officer or
Occupational Specialists positions in the military is
possible. Military personnel who stutter can be, and are,
effective communicators and stuttering does not have to limit
military career aspiration.
Thank you for alerting us to this important act. Feel free
to contact us anytime for additional support or resources.
Respectfully,
Pamela Mertz,
National Stuttering Association, Board of Directors,
Employment Advocacy/Military Support.
Famous people who stutter:
Jimmy Stewart, Charlie Sheen, Tiger Woods, Marilyn Monroe,
James Earl Jones, Samuel L. Jackson, Jack Paar, Elvis
Presley.
Actors, singers & entertainers:
Marc Anthony, Emily Blunt, Leon Botstein, Wayne Brady,
Garret Dillahunt, Robert Donat, Sheila Fraser, Noel
Gallagher, Gerald ``Gerry'' Goffin, Francois Goudreault,
Jason Gray, Ray Griff, Tim Gunn, Steve Harvey, John Lee
Hooker.
Scatman John, Harvey Keitel, Nicole Kidman, B.B. King,
Kendrick Lamar, Peggy Lipton, Doug MacLeod, Raymond Massey,
John Melendez, Robert Merrill, Sam Neill, Jack Paar, Elvis
Presley, Anthony Quinn, Eric Roberts.
Hrithik Roshan, Mike Rowe, Budd Schulberg, Ed
Sheeran, Carly Simon, Tom Sizemore, Mel Tillis, Megan
Washington, Michelle Williams, Ann Wilson, Bill Withers,
Shane Yellowbird.
Sports stars:
Michael Attardi, Alex Carter, Rubin ``Hurricane'' Carter,
Johnny Damon, Antonio Dixon, Perico Fernandez, Sophie
Gustafson, Lester Hayes, Ron Harper, Bo Jackson, Tommy John,
Juanfran (Juan Francisco Garcia Garcia), Ivo Karlovic,
Michael Kidd-Gilchrist, Gordie Lane.
Greg Louganis, Bob Love, Kenyon Martin, Trumaine McBride,
Shaquille O'Neal, Adrian Peterson, Ellis Lankster, Boyd
Rankin, James Rodriguez, Mark Rubin, Bryan Rust, Bob Sanders,
Sigi Schmid, Matt Slauson, George Springer, Darren Sproles.
Dave Taylor, Jermain Taylor, Ken Venturi, Herschel Walker,
Bill Walton, Jeff Walz, Pat Williams, Damien Woody, Chris
Zorich.
Writers, authors, producers, composers, and artists:
Jeffrey Blitz, Jorge Luis Borges, Lewis Carroll, Calvert
Casey, Scott Damian, Jim Davis, Charles Darwin, Francine du
Plessix Gray, Margaret Drabble, Dominick Dunne, John Gregory
Dunne, Jack Eberts, Indiana Gregg, Robert A. Heinlein, Edward
Hoagland.
Philip Larkin, Ann McGovern, Somerset Maugham, David
Mitchell, Mike Peters, Budd Schulberg, Jane Seymour, Marc
Shell, Neville Shute, Alan Rabinowitz, John Updike, Andrew
Lloyd Webber.
Journalists and photographers:
P.F. Bentley, Henry Luce, Byron Pitts, John Stossel, Jeff
Zeleny.
Ms. JACKSON LEE. Madam Chair, I include in the Record the actual
resume of Michael Pender, a graduate of Annapolis and an excellent
young man.
Michael Pender
Michael Pender is a 2016 United States Naval Academy
graduate and a veteran naval officer who was separated from
the Navy in April 2019. His separation was not due to any
fault of his own, but because of the current processes of the
United States Navy and the United States Naval Academy
relating to speech fluency issues related to stuttering.
Lieutenant Pender's stuttering was not severe, and
undetectable to most individuals who engage him in
conversation. However,
[[Page H5671]]
for certain career opportunities in the military it matters a
great deal if someone has even a slight almost imperceptible
stutter.
Michael Pender's story began with his enrollment at the
Naval Academy in 2012. Mr. Pender dreamed of becoming a naval
aviator from an early age. During the naval aviation
screening during his junior year at Annapolis, the USNA
flight doctor reviewing his medical records and USNA
application and noticed that Mr. Pender had a history of
speech disfluency. The flight doctor then administered a
speech fluency test to Mr. Pender. During the test, Mr.
Pender's speech fluency did not meet the Naval Aviation
community's standards, and he was told that he was
disqualified from serving as an aviator.
Mr. Pender was disappointed with the determination. At that
critical juncture Mr. Pender was not informed about what
careers he could qualify to fill that would not be impacted
by the determination regarding his speech. He was given an
opportunity to take speech therapy, which he did until his
graduation.
Mr. Pender selected the only unrestricted line option
left--the Surface Warfare community. At the time, Mr. Pender
advised the flight doctor that the demands for speech fluency
would be more of an issue as a Surface Warfare Officer. His
concerns were not satisfactorily addressed nor was he
provided with counseling to assist him in selecting an
appropriate career following his graduation.
After graduating from the United States Naval Academy, Mr.
Pender served onboard the USS Scout (MCM 8) in San Diego,
where he began his training as a Surface Warfare Officer.
After serving diligently for 18 months and qualifying in all
required Surface Warfare watch-stations except for the
position of Officer of the Deck, it was clear that his speech
impediment would keep him from earning his Surface Warfare
Officer qualification.
An Officer of the Deck is the captain's representative when
the captain is not on the bridge of the ship. Officer of the
Deck gives verbal orders to sailors who drive the ship. It
was difficult for Mr. Pender to give orders in a timely
manner without delay due to his speech impediment. Mr. Pender
wanted to address the issue and sought out a speech therapist
who would accept TRICare insurance to improve his speech as
he pursued his Officer of the Deck qualification. His overall
speech fluency improved, but not enough to give the Captain
confidence to qualify Mr. Pender as Officer of the Deck. Mr.
Pender and his Captain decided that transferring to a
different community would be the best option.
Since stuttering is not classified as a medical issue, a
Medical Board was not an option to review his case. Once he
completed his education at Annapolis the options for career
change within the branch was extremely limited. In 2018,
after consulting with other officers, Mr. Pender's Captain
and Executive Officer decided that the best course of action
was to submit a redesignation package to the Probationary
Officer Continuation and Retention Board (POCR), with the
intention that he would re-designate into a different
community. In order to start this process, Mr. Pender's
Captain submitted a Surface Warfare Officer non-attainment
letter to the POCR Board. In that letter, Mr. Pender's
captain stated that Mr. Pender would not be able to qualify
as Surface Warfare Officer, not because of a lack of aptitude
or work ethic, but because of his speech impediment.
The POCR Board has the authority to reassign a Naval
Officer to another Naval Community, which the Navy's method
of reassigning personnel to a new job. The POCR Board got
back to Mr. Pender in September 2018 stating that he would be
removed from the Active Duty List and he would be retained on
the Reserve Active Status list, effectively separating him
from the Navy without any due process or a right to appeal
the decision.
It is disappointing that he had to separate from the Navy
for two reasons. First, he was not put into a position to
succeed coming out of the Naval Academy. His speech
impediment was a known condition at the Naval Academy, and
their service selection process should have evaluated Mr.
Pender's speech impediment to see if he would be successful
as a Naval Aviator or a Surface Warfare Officer. Second, he
should have been given a chance to serve in a restricted line
community. Even if his speech impediment was not caught until
he ultimately started his service as a Naval Officer, there
should be a process in place where officers who cannot
qualify in their respective unrestricted line communities due
to conditions that are not covered for Medical Boards are
given a fair chance to serve in one of the many restricted
line communities. The POCR Board process should only be
reserved for officers that were not able to qualify due to a
lack of desire or aptitude. In conclusion, there were plenty
of other communities in the Navy where Mr. Pender would have
been able to serve, and it is a shame that he is separated
from the Navy.
Ms. JACKSON LEE. Madam Chair, let me also indicate that I am very
glad and grateful for amendment No. 201 that adds $10 million to
research dealing with triple negative breast cancer.
Between 10 and 17 percent of female breast cancer patients have this
condition, and I believe this is crucial to helping military women and
others.
Amendment No. 202 deals with PTSD. We have added $2.5 million. I am
grateful for this amendment. We are recognizing that more and more
young people coming out have a continuation of PTSD. Currently, there
are 31.3 million people in the United States being treated for PTSD.
Let me also say that I am grateful for the seven other amendments
that have been added.
Jackson Lee amendment No. 195 creates housing for disaster survivors.
No. 145 has the DOD engage in efforts to stop Boko Haram.
No. 147 has to do with recruiting students who go to the Defense
National Security Education Program. It prevents them from being
recruited by foreign governments.
Also, No. 148 deals with stopping a report on maternity mortality
rates.
Amendment No. 149 deals with the risk posed by debris in low Earth
orbit.
No. 160 deals with the idea of training in cybersecurity, cyber
defense, and cyber operations for elementary, secondary, and
postsecondary students.
Then, No. 620 deals with artificial intelligence education strategic
opportunities and risks.
Madam Chair, may I ask how much time I have remaining.
The Acting CHAIR (Ms. Bonamici). The gentlewoman has 40 seconds
remaining.
Ms. JACKSON LEE. Madam Chair, my remaining comments are to simply say
the amendment that is close to my heart is the one dealing with this
academy graduate, this Naval Academy graduate. We asked everyone to
give him another chance because the only thing that he was deficient in
is not in heart, soul, and willingness to serve, but it was because he
had a speech impediment.
How shameful for us to deal with our young men and women like that.
I thank my colleagues for supporting this amendment. I ask for a
``yes'' vote on the Jackson Lee amendments and the Jackson Lee
amendment that deals with the idea of making sure young people have the
medical care, the service, and the ability to serve after graduating
from an academy with $500,000 invested in this young man, and all my
other underlying amendments.
Madam Chair, I ask my colleagues to support them.
Madam Chair, I thank Chairman Smith and Ranking Member Thornberry for
their work on this bill and their devotion to the men and women of the
Armed Forces.
I also thank them for including in this En Bloc ten Jackson Lee
Amendments.
My remarks will focus on three of the Jackson Lee Amendments and the
others are addressed in my statement for the record.
Jackson Lee Amendments No. 201, No. 202, and No. 203, make important
contributions to the bill.
Jackson Lee Amendment No. 201 authorizes and encourages increased
collaboration between the DOD and the National Institutes of Health
(NIH) to combat Triple Negative Breast Cancer;
Jackson Lee Amendment No. 202 authorizes $2.5 million in increased
funding to combat and treat Post-Traumatic Stress Disorder; and
Jackson Lee Amendment No. 203 directs the Secretary of Defense to
promulgate regulations to ensure that candidates granted admission to
attend a military academy undergo screening for speech disorders and be
provided the results of the screening test and a list of warfare
unrestricted line (URL) Officer positions and occupation specialists
that require successful performance on the speech test. Academy
students shall have the option of undergoing speech therapy to reduce
speech disorders or impediments.
Specifically, Jackson Lee Amendment No. 203 is intended to help
military academy candidates that have stuttering related speech
disorders.
Five to ten percent of all children stutter as they develop language
skills.
Boys are 2 to 3 times more likely to stutter than girls.
Approximately 75 percent of children recover from stuttering, but the
remaining 25 percent will experience life-long effects of stuttering.
There are many famous and accomplished persons who stutter.
One well known person who stuttered was Jimmy Stewart a much beloved
actor who also served in the Air Force during World War II.
Jimmy Stewart was a pilot during WWII and rose to the rank of Chief
of Staff of the 2nd Combat Wing, 2nd Air Division of the 8th Air Force.
As a member of the Air Force Reserves Jimmy Stewart continued his
military service.
[[Page H5672]]
On July 23, 1959, Jimmy Stewart achieved the rank of Brigadier
General.
He retired from military service on May 31, 1968.
Stuttering can make it difficult to communicate with other people,
which often affects a person's quality of life and interpersonal
relationships.
Stuttering can also negatively influence job performance and
opportunities, and treatment can come at a high financial cost.
I offer this amendment to help entrants into military academies, who
may have a related stuttering speech disorder, find the right career
fit for their military service after graduation.
I learned about the impact of stuttering may have on promising
military careers through the experience of a remarkable young man who
is currently serving as a Legislative Fellow in my Washington, D.C.,
office.
He is a 2016 graduate of the United States Naval Academy with a
degree in Operations Research and a veteran naval officer who was
separated from the Navy in April 2019.
His separation was not due to any fault of his own, but because of
the current processes of the United States Navy and the United States
Naval Academy relating to speech fluency issues related to stuttering.
This Navy Lieutenant's stuttering was not severe, and undetectable to
most individuals who engage him in conversation.
However, for certain career opportunities in the military it matters
a great deal if someone has even a slight, almost-imperceptible
stutter.
His story began with his enrollment at the Naval Academy in 2012.
He dreamed of becoming a naval aviator from an early age.
During the naval aviation screening during his junior year at
Annapolis, the Naval Academy flight doctor reviewing his medical
records and USNA application, noticed that he had a history of speech
disfluency.
The flight doctor then administered a speech fluency test to him.
During the test, his speech fluency did not meet the Naval Aviation
community's standards, and he was told that he was disqualified from
serving as an aviator.
He was disappointed with the determination.
At that critical juncture he was not informed regarding the career
paths he was qualified to fill, notwithstanding his speech.
He was given an opportunity to take speech therapy, which he did
until his graduation.
He selected another unrestricted line option left open to him-the
Surface Warfare community.
At the time, he advised the flight doctor that the demands for speech
fluency would be more of an issue as a Surface Warfare Officer.
After graduating from the United States Naval Academy with an
Operations Research degree, he served onboard the USS Scout (MCM 8) in
San Diego, where he began his training as a Surface Warfare Officer.
After serving diligently for 18 months and qualifying in all required
Surface Warfare watch-stations except for the position of Officer of
the Deck, it was clear that his speech impediment would keep him from
earning his Surface Warfare Officer qualification.
An Officer of the Deck is the captain's representative when the
captain is not on the bridge of the ship.
Officer of the Deck gives verbal orders to sailors who drive the
ship.
It was difficult for him to give orders in a timely manner without
delay due to his speech impediment.
He wanted to address the issue and sought out a speech therapist who
would accept TRI-Care insurance to improve his speech as he pursued his
Officer of the Deck qualification.
His overall speech fluency improved, but not enough to give the
Captain confidence to qualify him as Officer of the Deck.
He and his Captain decided that transferring to a different community
would be the best option.
Since stuttering is not classified as a medical issue, a Medical
Board was not an option to review his case.
Once he completed his education at Annapolis, the options for career
change within the branch were extremely limited.
In 2018, after consulting with other officers, his Captain and
Executive Officer decided that the best course of action was to submit
a re-designation package to the Probationary Officer Continuation and
Retention Board (POCR), with the intention that he would re-designate
into a different community.
To start this process, his Captain submitted a Surface Warfare
Officer non-attainment letter to the POCR Board.
In that letter, his captain stated that the Lieutenant would not be
able to qualify as Surface Warfare Officer, not because of a lack of
aptitude or work-ethic, but because of his speech impediment.
The POCR Board has the authority to reassign a Naval Officer to
another Naval Community, which is the Navy's method of reassigning
personnel to a new job.
The POCR Board got back to him in September 2018, stating that he
would be removed from the Active Duty List and he would be retained on
the Reserve Active Status list, effectively separating him from the
Navy without any due process or a right to appeal the decision.
The Medical Board findings returned in March 2019 and stated that it
was the stuttering that caused the anxiety order, and stuttering is not
an issue that is covered for Medical Boards.
It is disappointing that he had to separate from the Navy for two
reasons.
First, he was not put into a position to succeed coming out of the
Naval Academy.
His speech impediment was a known condition at the Naval Academy, and
its service selection process should have evaluated his speech
impediment to see if he would be successful as a Naval Aviator or a
Surface Warfare Officer.
Second, he should have been given a chance to serve in a restricted
line community.
Even if his speech impediment was not caught until he ultimately
started his service as a Naval Officer, there should be a process in
place where officers who cannot qualify in their respective
unrestricted line communities due to conditions that are not covered
for Medical Boards are given a fair chance to serve in one of the many
restricted line communities.
The POCR Board process should only be reserved for officers that were
not able to qualify due to a lack of desire or aptitude.
In conclusion, there were plenty of other communities in the Navy
where he would have been able to serve, and it is a shame that he is
separated from the Navy.
I, and my Staff have benefited greatly from his insights on improving
the experience of military cadets as well as his commitment to public
service as a Legislative Fellow in my office.
I am sure he will find success in his next endeavor and I thank him
for his service to our nation.
Jackson Lee Amendment No. 202 authorizes $2.5 million in increased
funding to combat and treat Post-Traumatic Stress Disorder.
Today, 223.4 million people, which represents seventy percent of
adults living in the United States, have experienced some type of
traumatic event at least once in their lives.
As many as 20 percent of those who experience a traumatic event
develop PTSD.
Currently, there are 31.3 million people in the United States being
treated for PTSD.
An estimated 8 percent of Americans or 24.4 million people at any
given time will be experiencing PTSD.
Nearly 50 percent of women and 60 percent of men will experience at
least one trauma in their lifetime.
For Veterans, this may mean surviving an IED explosion or an accident
during a training exercise or witnessing the death or injury of a
buddy.
Among people who are victims of a severe traumatic experience like
what may occur during military conflict, an estimated 60 to 80 percent
will develop PTSD.
Ten to thirty percent of combat veteran's lifetime will experience
PTSD at some point during their lives.
Studies estimate that 1 in every 5 military personnel returning from
Iraq and Afghanistan has PTSD.
20 percent of the soldiers who've been deployed in the past 6 years
have PTSD. That's over 300,000 soldiers.
17 percent of combat troops are women; 71 percent of female military
personnel develop PTSD due to sexual assault within the ranks.
I thank the Chair and Ranking Member for including this Jackson Lee
Amendment to combat PTSD for consideration of H.R. 2500.
This Jackson Lee Amendment provides authorization for a $10 million
increase in funding for increased collaboration with NIH to combat
Triple Negative Breast Cancer.
This Jackson Lee Amendment authorizes and encourages increased
collaboration between the DOD and the National Institutes of Health
(NIH) to combat Triple Negative Breast Cancer.
``Triple Negative Breast Cancer'' is a term used to describe breast
cancers whose cells do not have estrogen receptors and progesterone
receptors, and do not have an excess of the ``HER2'' protein on their
cell membrane of tumor cells.
The lack of receptors in this form of breast cancer makes commonly
used test and methods to detect the disease not as effective.
This is a serious illness that effects between 10-17 percent of
female breast cancer patients and this condition is more likely to
cause death than the most common form of breast cancer.
Seventy percent of women with metastatic triple negative breast
cancer do not live more than five years after being diagnosed.
The Jackson Lee Amendment will help to save lives.
TNBC disproportionately impacts younger women, African American
women, Hispanic/
[[Page H5673]]
Latina women, and women with a ``BRCA1'' genetic mutation, which is
also prevalent in Jewish women.
TNBC usually affects women under 50 years of age and makes up more
than 30 percent of all breast cancer diagnoses in African American.
African American women are far more susceptible to this dangerous
subtype than white or Hispanic women.
The collaboration between the Department of Defense and NIH to combat
Triple Negative Breast Cancer can support the development of multiple
targeted therapies for this devastating disease.
Triple negative breast cancer is a specific strain of breast cancer
for which no targeted treatment is available.
The American Cancer Society calls this strain of breast cancer ``an
aggressive subtype associated with lower survival rates.''
In 2011, the Centers for Disease Control predicted that that year
26,840 black women would be diagnosed with TNBC.
The overall incidence rate of breast cancer is 10 percent lower in
African American women than white women.
African American women have a five-year survival rate of 78 percent
after diagnosis as compared to 90 percent for white women.
The incidence rate of breast cancer among women under 45 is higher
for African American women compared to white women.
Triple Negative Breast Cancer cells account for between 13 percent
and 25 percent of all breast cancer in the United States and are
usually of a higher grade and size, are more aggressive and more likely
to metastasize, and onset at a much younger age.
Currently, 70 percent of women with metastatic triple negative breast
cancer do not live more than five years after being diagnosed.
African American women are 3 times more likely to develop triple-
negative breast cancer than white women.
African-American women have prevalence for TNBC of 26 percent versus
16 percent in non-African-Americans women.
African-American women are more likely to be diagnosed with larger
tumors and more advanced stages of breast cancer.
Currently there is no targeted treatment for TNBC exists.
For this reason, I appreciate the support that the Armed Services
Committee has shown for this amendment by including it in En Bloc No.
8, and I ask my colleagues to support this Jackson Lee Amendment.
Mr. THORNBERRY. I continue to reserve the balance of my time, Madam
Chair.
Ms. KENDRA S. HORN of Oklahoma. Madam Chair, I yield 2 minutes to the
gentleman from New York (Mr. Rose).
Mr. ROSE of New York. Madam Chair, I rise today in support of my
bipartisan amendment in both the House and Senate to the National
Defense Authorization Act, a necessary leap forward in combating the
opioid crisis by cracking down on illegal fentanyl from China, Mexico,
and other countries.
I would like to acknowledge and thank the cosponsors of this
amendment, my colleagues French Hill, Anthony Brindisi, Brian
Fitzpatrick, David Trone, and Conor Lamb.
This amendment will place sanctions on drug manufacturers that
knowingly provide fentanyl to traffickers, on transnational criminal
organizations that mix fentanyl with other drugs and traffic them into
the U.S., as well as financial institutions that assist these
traffickers.
Critically, my amendment also authorizes new funding to U.S. law
enforcement and intelligence agencies to go after fentanyl traffickers
while establishing a commission on fentanyl and opioid trafficking to
ensure that we make progress here.
Kids are dying in my district, in Staten Island, south Brooklyn, and
New York City, and they are dying around the country because of deadly
fentanyl.
We know where it is coming from. It is about time that Congress does
something about it. The days when a person or a company could find safe
harbor in another country, flood our streets with drugs, and face no
consequences have to be over.
Madam Chair, I strongly urge all of my colleagues to vote in favor of
this amendment. We have to get this done.
Ms. KENDRA S. HORN of Oklahoma. Madam Chair, I yield back the balance
of my time.
Mr. THORNBERRY. Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Oklahoma (Ms. Kendra S. Horn).
The en bloc amendments were agreed to.
Amendments En Bloc No. 11 Offered by Ms. Kendra S. Horn of Oklahoma
Ms. KENDRA S. HORN of Oklahoma. Madam Chair, pursuant to House
Resolution 476, I offer amendments en bloc as the designee of the
gentleman from Washington (Mr. Smith).
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 11 consisting of amendment Nos. 265, 266, 267,
268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281,
282, 283, 284, 285, 286, 287, 288, 289, and 290, printed in part B of
House Report 116-143, offered by Ms. Kendra S. Horn of Oklahoma:
Amendment No. 265 Offered by Mrs. Luria of Virginia
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. FINDINGS ON MUSCULOSKELETAL INJURIES.
Congress finds the following:
(1) Musculoskeletal injuries among active duty soldiers
result in over 10 million limited duty days each year and
account for over 70% of the medically non-deployable
population, extremity injury accounts for 79% of reported
trauma cases in theater, and service members experience
anterior cruciate ligament (ACL) injuries at 10 times the
rate of the general population.
(2) Congress recognizes the important work of the Naval
Advanced Medical Research Unit in Wound Care Research and
encourages continued development of innovations for the
Warfighter, especially regarding these tendon and ligament
injuries that prevent return to duty for extended periods of
time.
Amendment No. 266 Offered by Mrs. Luria of Virginia
At the end of subtitle B of title III, insert the
following:
SEC. 3__. STUDY ON ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Study.--The Secretary of Defense shall conduct a study
on how the Secretary could enter into more energy savings
performance contracts (referred to in this section as
``ESPCs'' ). In conducting the study, the Secretary shall--
(1) identify any legislative or regulatory barriers to
entering into more ESPCs; and
(2) include policy proposals for how the Department of
Defense could evaluate the cost savings caused by increasing
energy resiliency when evaluating whether to enter into
ESPCs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study
required under subsection (a).
Amendment No. 267 Offered by Mr. Lynch of Massachusetts
Add at the end of subtitle G of title VIII the following
new section:
SEC. __. REESTABLISHMENT OF COMMISSION ON WARTIME
CONTRACTING.
(a) In General.--There is hereby reestablished in the
legislative branch under section 841 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 230) the Commission on Wartime Contracting.
(b) Amendment to Duties.--Section 841(c)(1) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 231) is amended to read as follows:
``(1) General duties.--The Commission shall study the
following matters:
``(A) Federal agency contracting funded by overseas
contingency operations funds.
``(B) Federal agency contracting for the logistical support
of coalition forces operating under the authority of the 2001
or 2002 Authorization for the Use of Military Force.
``(C) Federal agency contracting for the performance of
security functions in countries where coalition forces
operate under the authority of the 2001 or 2002 Authorization
for the Use of Military Force''.
(c) Conforming Amendments.--Section 841 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 230) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``the Committee on
Oversight and Government Reform'' each place it appears and
inserting ``the Committee on Oversight and Reform'';
(B) in paragraph (2), by striking ``of this Act'' and
inserting ``of the Wartime Contracting Commission
Reauthorization Act of 2019''; and
(C) in paragraph (4), by striking ``was first established''
each place it appears and inserting ``was reestablished by
the Wartime Contracting Commission Reauthorization Act of
2019''; and
(2) in subsection (d)(1), by striking ``On March 1, 2009''
and inserting ``Not later than one year after the date of
enactment of the Wartime Contracting Commission
Reauthorization Act of 2019''.
Amendment No. 268 Offered by Mr. Sean Patrick Maloney of New York
Page 283, after line 10, insert the following:
SEC. 567. INFORMATION REGARDING COUNTY VETERANS SERVICE
OFFICERS.
(a) Provision of Information.--The Secretary of Defense
shall ensure that a member of the Armed Forces who is
separating or retiring from the Armed Forces may elect to
have the Department of Defense form DD-214 of the member
transmitted to the appropriate county veterans service
officer based on the mailing address provided by the member.
[[Page H5674]]
(b) Database.--The Secretary of Defense, in coordination
with the Secretary of Veterans Affairs, shall maintain a
database of all county veterans service officers.
(c) County Veterans Service Officer Defined.--In this
section, the term ``county veterans service officer'' means
an employee of a county government, local government, or
Tribal government who is covered by section 14.629(a)(2) of
title 38, Code of Federal Regulations.
Amendment No. 269 Offered by Mr. Sean Patrick Maloney of New York
At the end of subtitle B of title VII, add the following
new section:
SEC. 719. MAINTENANCE OF CERTAIN MEDICAL SERVICES AT MILITARY
MEDICAL TREATMENT FACILITIES AT SERVICE
ACADEMIES.
Section 1073d of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f) Maintenance of Certain Medical Services at Service
Academies.--(1) In carrying out subsection (a), the Secretary
of Defense shall ensure that each military medical treatment
facility located at a Service Academy (as defined in section
347 of this title) provides each covered medical service
unless the Secretary determines that a civilian health care
facility located not fewer than five miles from the Service
Academy provides the covered medical service.
``(2) In this subsection, the term `covered medical
service' means the following:
``(A) Emergency room services.
``(B) Orthopedic services.
``(C) General surgery services.
``(D) Ear, nose, and throat services.
``(E) Gynecological services.
``(F) Ophthalmology services.
``(G) In-patient services.
``(H) Any other medical services that the relevant
Superintendent of the Service Academy determines necessary to
maintain the readiness and health of the cadets or midshipmen
and members of the armed forces at the Service Academy.''.
Amendment No. 270 Offered by Mr. Mast of Florida
At the end of subtitle D of title VI, add the following new
section:
SEC. 632. EXTENSION OF CERTAIN MORALE, WELFARE, AND
RECREATION PRIVILEGES TO FOREIGN SERVICE
OFFICERS ON MANDATORY HOME LEAVE.
(a) In General.--Section 1065 of title 10, United States
Code, as added by section 621 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), is amended--
(1) in the heading, by striking ``veterans and caregivers
for veterans'' and inserting ``veterans, caregivers for
veterans, and Foreign Service officers'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Eligibility of Foreign Service Officers on Mandatory
Home Leave.--A Foreign Service officer on mandatory home
leave may be permitted to use military lodging referred to in
subsection (h).''; and
(4) in subsection (h), as redesignated by paragraph (2), by
adding at the end the following new paragraphs:
``(5) The term `Foreign Service officer' has the meaning
given that term in section 103 of the Foreign Service Act of
1980 (22 U.S.C. 3903).
``(6) The term `mandatory home leave' means leave under
section 903 of the Foreign Service Act of 1980 (22 U.S.C.
4083).''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2020, as if originally
incorporated in section 621 of Public Law 115-232.
Amendment No. 271 Offered by Mrs. McBath of Georgia
At the end of subtitle H of title X, insert the following:
SEC. 10__. DEFINITION OF CURRENT MONTHLY INCOME FOR PURPOSES
OF BANKRUPTCY LAWS.
Section 101(10A) of title 11, United States Code, is
amended by striking subparagraph (B) and inserting the
following:
``(B)(i) includes any amount paid by any entity other than
the debtor (or in a joint case the debtor and the debtor's
spouse), on a regular basis for the household expenses of the
debtor or the debtor's dependents (and in a joint case the
debtor's spouse if not otherwise a dependent); and
``(ii) excludes--
``(I) benefits received under the Social Security Act (42
U.S.C. 301 et seq.);
``(II) payments to victims of war crimes or crimes against
humanity on account of their status as victims of such
crimes;
``(III) payments to victims of international terrorism or
domestic terrorism, as those terms are defined in section
2331 of title 18, on account of their status as victims of
such terrorism; and
``(IV) any monthly compensation, pension, pay, annuity, or
allowance paid under title 10, 37, or 38 in connection with a
disability, combat-related injury or disability, or death of
a member of the uniformed services, except that any retired
pay excluded under this subclause shall include retired pay
paid under chapter 61 of title 10 only to the extent that
such retired pay exceeds the amount of retired pay to which
the debtor would otherwise be entitled if retired under any
provision of title 10 other than chapter 61 of that title.''.
Amendment No. 272 Offered by Mr. McGovern of Massachusetts
At the end of subtitle C of title VII, add the following:
SEC. 7__. WOUNDED WARRIOR SERVICE DOG PROGRAM.
(a) Grants Authorized.--Subject to the availability of
appropriations provided for such purpose, the Secretary of
Defense shall establish a program, to be known as the
``Wounded Warrior Service Dog Program'', to award competitive
grants to nonprofit organizations to assist such
organizations in the planning, designing, establishing, or
operating (or any combination thereof) of programs to provide
assistance dogs to covered members.
(b) Use of Funds.--
(1) In general.--The recipient of a grant under this
section shall use the grant to carry out programs that
provide assistance dogs to covered members who have a
disability described in paragraph (2).
(2) Disability.--A disability described in this paragraph
is any of the following:
(A) Blindness or visual impairment.
(B) Loss of use of a limb, paralysis, or other significant
mobility issues.
(C) Loss of hearing.
(D) Traumatic brain injury.
(E) Post-traumatic stress disorder.
(F) Any other disability that the Secretary of Defense
considers appropriate.
(3) Timing of award.--The Secretary of Defense may not
award a grant under this section to reimburse a recipient for
costs previously incurred by the recipient in carrying out a
program to provide assistance dogs to covered members unless
the recipient elects for the award to be such a
reimbursement.
(c) Eligibility.--To be eligible to receive a grant under
this section, a nonprofit organization shall submit an
application to the Secretary of Defense at such time, in such
manner, and containing such information as the Secretary may
require. Such application shall include--
(1) a proposal for the evaluation required by subsection
(d); and
(2) a description of--
(A) the training that will be provided by the organization
to covered members;
(B) the training of dogs that will serve as assistance
dogs;
(C) the aftercare services that the organization will
provide for such dogs and covered members;
(D) the plan for publicizing the availability of such dogs
through a targeted marketing campaign to covered members;
(E) the recognized expertise of the organization in
breeding and training such dogs;
(F) the commitment of the organization to humane standards
for animals; and
(G) the experience of the organization with working with
military medical treatment facilities; and
(3) a statement certifying that the organization--
(A) is accredited by Assistance Dogs International, the
International Guide Dog Federation, or another similar widely
recognized accreditation organization that the Secretaries
determine has accreditation standards that meet or exceed the
standards of Assistance Dogs International and the
International Guide Dog Federation; or
(B) is a candidate for such accreditation or otherwise
meets or exceeds such standards, as determined by the
Secretary of Defense.
(d) Evaluation.--The Secretary of Defense shall require
each recipient of a grant to use a portion of the funds made
available through the grant to conduct an evaluation of the
effectiveness of the activities carried out through the grant
by such recipient.
(e) Definitions.--In this section:
(1) Assistance dog.--The term ``assistance dog'' means a
dog specifically trained to perform physical tasks to
mitigate the effects of a disability described in subsection
(b)(2), except that the term does not include a dog
specifically trained for comfort or personal defense.
(2) Covered member.--The term ``covered member'' means a
member of the Armed Forces who is--
(B) receiving medical treatment, recuperation, or therapy
under chapter 55 of title 10, United States Code;
(C) in medical hold or medical holdover status; or
(D) covered under section 1202 or 1205 of title 10, United
States Code.
(f) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for Other Authorizations,
Defense Health Program, as specified in the corresponding
funding table in section 4501, for Consolidated Health
Support is hereby increased by $11,000,000.
(g) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operations and Maintenance,
as specified in the corresponding funding table in section
4301, for Operations and Maintenance, Defense-Wide, Line 460,
Office of the Secretary of Defense is hereby reduced by
$11,000,000.
Amendment No. 273 Offered by Mr. McKinley of West Virginia
Page 408, line 3, insert ``the Secretary of Energy'' after
``Joint Chiefs of Staff,''.
Amendment No. 274 Offered by Mr. McKinley1 of West Virginia
Page 408, line 7, insert ``, with a focus on items that
contain high concentrations of rare earth materials'' after
``rare earth materials''.
Amendment No. 275 Offered by Mr. McKinley of West Virginia
Page 408, line 16, insert ``, including use of a sole
source contract with a institution of
[[Page H5675]]
higher education (as defined in section 101 of the Higher
Education Act of 1965 Act (20 U.S.C. 1001)) or other
entity,'' after ``methods''.
Amendment No. 276 Offered by Mr. McKinley of West Virginia
At the end subtitle B of title V, add the following:
SEC. 520. REPORT REGARDING NATIONAL GUARD YOUTH CHALLENGE
PROGRAM.
Not later than December 31, 2020, the Secretary of Defense
shall submit a report to the congressional defense committees
regarding the resources and authorities the Secretary
determines necessary to identify the effects of the National
Guard Youth Challenge Program on graduates of that program
during the five years immediately preceding the date of the
report. Such resources shall include the costs of identifying
such effects beyond the 12-month, post-residential mentoring
period of that program.
Amendment No. 277 Offered by Mr. McNerney of California
At the end of subtitle B of title III, insert the
following:
SEC. 3__. REDUCTION OF DEPARTMENT OF DEFENSE FACILITY WATER
USE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing plan to reduce facility water use intensity,
relative to the baseline of the water consumption of the
facility for fiscal year 2018. The report shall include each
of the following:
(1) Life-cycle cost-effective measures that will reduce
water consumption by 2 percent annually through the end of
fiscal year 2025.
(2) Baseline development methodology for calculating a
baseline of water use intensity for fiscal year 2018, defined
as gallons per gross square foot per year, that will permit
all future reduction goals to be measured relative to such
baseline.
(3) An identification of life-cycle cost effective water
savings measures that can be implemented to achieve in
Department of Defense facilities a minimum of 2 percent
annual reduction in water use through 2025.
(4) A description of any barriers to implementation of a
water use reduction program.
(b) Water Use.--In this section, the term ``water use''
with respect to a facility includes--
(1) all water used at the facility that is obtained from
public water systems or from natural freshwater sources such
as lakes, streams, and aquifers, where the water is
classified or permitted for human consumption; and
(2) potable water used for drinking, bathing, toilet
flushing, laundry, cleaning and food services, watering of
landscaping, irrigation, and process applications such as
cooling towers, boilers, and fire suppression systems.
Amendment No. 278 Offered by Mr. Meadows of North Carolina
At the end of subtitle B of title VIII, add the following
new section:
SEC. 8__. REPORT ON REQUIREMENTS RELATING TO CONSUMPTION-
BASED SOLUTIONS.
(a) Report.--The Undersecretary of Defense for Acquisition
and Sustainment shall submit to the congressional defense
committees a report on the feasibility of revising the
Defense Federal Acquisition Regulation Supplement to include
requirements relating to consumption-based solutions.
(b) Consumption-based Solutions Defined.--The term
``consumption-based solutions'' means any combination of
hardware or equipment, software, and labor or services that
together provide a capability that is metered and billed
based on actual usage and predetermined pricing per resource
unit, and includes the ability to rapidly scale capacity up
or down.
amendment no. 279 offered by mr. meadows of north carolina
At the end of subtitle G of title VIII, add the following
SEC. 898. FEDERAL CONTRACTOR DISCLOSURE OF UNPAID FEDERAL TAX
LIABILITY.
Section 2313(c) of title 41, United States Code, is amended
by adding at the end the following:
``(9) Any unpaid Federal tax liability of the person, but
only to the extent all judicial and administrative remedies
have been exhausted or have lapsed with respect to the
Federal tax liability.''.
amendment no. 280 offered by mr. meadows of north carolina
Page 394, after line 16, insert the following:
(6) Delegation of authority.--The service acquisition
executive may delegate any of the responsibilities under this
subsection to a program executive officer (or equivalent).
amendment no. 281 offered by mr. meadows of north carolina
At the end of subtitle F of title VIII, add the following
SEC. 882. BRIEFING ON THE TRUSTED CAPITAL MARKETPLACE PILOT
PROGRAM.
Not later than December 15, 2019, the Secretary of Defense
shall provide to the congressional defense committees a
briefing on the progress of the Trusted Capital Marketplace
pilot program (Solicitation number: CS-19-1701), to include
plans for how the program will--
(1) align with critical defense requirements; and
(2) become self-sustaining.
amendment no. 282 offered by mr. meadows of north carolina
At the end of title XII, add the following:
Subtitle I--Stop Financing of Al-Shabaab Act
SEC. 1. SHORT TITLE.
This subtitle may be cited as the ``Stop Financing of al-
Shabaab Act''.
SEC. 2. SENSE OF CONGRESS AND STATEMENT OF POLICY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Horn of Africa region remains integral to United
States interests in Africa and the Indian Ocean region; and
(2) United States assistance and diplomatic support for the
Government of Somalia and its Federal Member States must be
predicated upon measurable progress toward defined benchmarks
with respect to efforts to counter al-Shabaab, including the
enforcement of measures to combat illicit trafficking that
finances al-Shabaab.
(b) Statement of Policy.--It is the policy of the United
States to--
(1) combat any means by which al-Shabaab obtains funding
through illicit trafficking;
(2) take into consideration compliance with and enforcement
of the international bans on illicit trafficking which
finances al-Shabaab when providing United States assistance
to any country;
(3) notify countries receiving United States security
assistance which are identified by the Secretary of State or
Secretary of Defense as major components of illicit
trafficking routes that finance al-Shabaab, that continued
assistance may depend on the full implementation of the
obligations of such country to enforce as fully as possibly
all restrictions against such trafficking; and
(4) ensure that continued United States security assistance
to Kenya, including assistance coordinated through the Kenya-
United States Liaison Office, and assistance to multilateral
institutions such as the African Union Mission in Somalia
(AMISOM) to combat al-Shabaab recruitment, attacks, and other
operations inside Kenya also includes assistance to enable
the Kenya Defense Forces to end facilitation of trafficking
that funds al-Shabaab encountered by the Kenya Defense
Forces.
SEC. 3. REPORT.
(a) Report.--Subject to subsection (b), not later than 90
days after the date of the enactment of this Act, the
Secretary of State, in coordination with the Secretary of
Defense, shall submit to the relevant Congressional
committees a report including the contents described in
subsection (b).
(b) Contents.--Each report described in subsection (a)
shall include the following:
(1) Information on efforts made by troop contributors to
AMISOM to enforce any international bans on trafficked goods.
(2) A recommendation, including a justification for such
recommendation, with respect to making certain future United
States security or other assistance to any country
conditional on enforcement of such international bans on
illicit trafficking that finances al-Shabaab.
(3) The steps the Secretary of State and the Secretary of
Defense have taken to encourage ending the facilitation of
trafficking that finances al-Shabaab by recipients of United
States security assistance.
(4) A description of the engagement of employees and
contractors of the Department of State with national and
regional Somali authorities, including authorities in
Jubaland, to encourage such Somali authorities to implement
their counter-trafficking obligations.
(5) A description of efforts taken by the governments of
countries with nationals who purchase significant amounts of
trafficked goods that finance al-Shabaab and a description of
the steps the Secretary of State has taken to encourage such
compliance.
(6) An assessment of prospective efforts to reduce the
production and illicit trade of trafficked goods in Somalia,
including the identification of alternative livelihoods, and
means of securing income. The assessment may include
recommendations from the Administrator of the United States
Agency for International Development.
(c) Classified Information.--Each report required under
subsection (a) shall be submitted in unclassified form but
may contain a classified annex.
(d) Definition.--In this section, the term ``relevant
Congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
amendment no. 283 offered by mr. meadows of north carolina
At the appropriate place in title XII, add the following:
SEC. __. SENSE OF CONGRESS RELATING TO MONGOLIA.
It is the sense of Congress that--
(1) the United States and Mongolia have a shared interest
in supporting and preserving Mongolia's democracy, including
Mongolia's ability to pursue an independent foreign policy,
defend against threats to its sovereignty, and maintain
territorial integrity;
(2) Mongolia has consistently contributed forces to support
United States combat operations in Iraq and Afghanistan and
has a strong record of troop contributions to international
peacekeeping missions;
(3) as one of NATO's nine ``partners across the globe'',
Mongolia shares the United
[[Page H5676]]
States' vision of a rules-based order in the strategically
important Indo-Pacific region;
(4) the United States should continue to take steps to
remain Mongolia's preferred security partner;
(5) defense cooperation, a strong military-to-military
relationship, and increased interoperability between the
United States and the armed forces of Mongolia are in the
interest of the United States; and
(6) annual multilateral military exercises in Mongolia
support peacekeeping and humanitarian assistance and disaster
response capacity of United States partners and allies, and
further United States regional objectives.
amendment no. 284 offered by ms. meng of new york
Page 1048, insert after line 20 the following:
SEC. 2875. REPORT ON LEAD SERVICE LINES AT MILITARY
INSTALLATIONS.
Not later than January 1, 2021, the Secretary of Defense
shall submit to the congressional defense committees a report
that contains the following:
(1) The number of military installations at which lead
service lines are connected to schools, childcare centers and
facilities, buildings, and other facilities of the
installation as the Secretary determines appropriate.
(2) The total number of members of the Armed Forces
affected by the presence of lead service lines at military
installations.
(3) Of the total number of members under paragraph (2), the
number of such members with dependents.
(4) Actions, if any, undertaken by the Secretary to inform
individuals affected by the presence of lead service lines at
military installations of such presence.
(5) Recommendations for legislative action relating to the
replacement of lead service lines at military installations.
Amendment No. 285 Offered by Ms. Meng of New York
Page 283, line 24, strike ``while on active duty''.
Amendment No. 286 Offered by Ms. Meng of New York
At the end of subtitle B of title V, insert the following:
SEC. 520. PERMANENT EXTENSION OF SUICIDE PREVENTION AND
RESILIENCE PROGRAM FOR THE RESERVE COMPONENTS.
Strike subsection (g) of section 10219 of title 10, United
States Code.
Amendment No. 287 Offered by Mrs. Miller of West Virginia
At the end of subtitle H of title X of the bill, insert the
following:
SEC. 10___. HONORING LAST SURVIVING MEDAL OF HONOR RECIPIENT
OF SECOND WORLD WAR.
(a) Use of Rotunda.--At the election of the individual (or
next of kin of the individual), the last individual to die
who was awarded the Medal of Honor for acts performed during
World War II shall be permitted to lie in honor in the
rotunda of the Capitol upon death.
(b) Implementation.--The Architect of the Capitol, under
the direction and supervision of the President pro tempore of
the Senate and the Speaker of the House of Representatives,
shall take the necessary steps to implement subsection (a)
upon the death of the individual described in such
subsection.
Amendment No. 288 Offered by Mr. Mitchell of Michigan
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. UNIFORMITY IN APPLICATION OF MICRO-PURCHASE
THRESHOLD TO CERTAIN TASK OR DELIVERY ORDERS.
Section 4106(c) of title 41, United States Code, is amended
by striking ``$2,500'' and inserting ``the micro-purchase
threshold under section 1902 of this title''.
Amendment No. 289 Offered by Ms. Moore of Wisconsin
Page 387, after line 15, insert the following new section:
SEC. 729. NATIONAL CAPITAL CONSORTIUM PSYCHIATRY RESIDENCY
PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) racial, gender, or other forms of discrimination or
harassment should not be tolerated within the PRP; and
(2) that PRP leadership should--
(A) set the tone that such conduct is not acceptable;
(B) ensure that all such complains are thoroughly
investigated;
(C) ensure that violators are held accountable;
(D) ensure that victims are protected, and not retaliated
against;
(E) maintain a workplace free from unlawful harassment and
discrimination;
(F) conduct regular workplace climate assessments to assess
the extent of discrimination or harassment in the PRP; and
(G) provide refresher training, at least annually, on
acceptable standards of behavior for all involved in the PRP
programs, including residents and ways to report or address
discrimination, harassment, or other inappropriate behavior.
(b) PRP Defined.--In this section, the term ``PRP'' means
the National Capital Consortium Psychiatry Residency Program.
Amendment No. 290 Offered by Ms. Moore of Wisconsin
At the end of title XXVI, add the following new section:
SEC. 26__. REVIEW AND REPORT ON CONSTRUCTION OF NEW, OR
MAINTENANCE OF EXISTING, DIRECT FUEL PIPELINE
CONNECTIONS AT AIR NATIONAL GUARD AND AIR FORCE
RESERVE INSTALLATIONS.
(a) Review Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Air
Force, in conjunction with the Defense Logistics Agency,
shall complete a review considering--
(1) the need for, and benefits of, the construction of new,
or maintenance of existing, direct fuel pipeline connections
at Air National Guard and Air Force Reserve installations;
and
(2) the barriers, including funding needs and any
inconsistent guidance and consideration of such projects by
the Air Force, that may impede such projects.
(b) Elements of Review.--The review required by subsection
(a) shall include the following:
(1) An analysis of the extent that the Air Force and
Defense Logistics Agency have identified direct fuel pipeline
projects as an effective and efficient way to enhance the
ability of regular component, Air National Guard, and Air
Force Reserve installations, to improve the readiness of
affected units and help them to meet their mission
requirements, including an assessment of how the Air National
Guard and Air Force Reserve facilities, across all States and
territories, can leverage such connections to better support
current and emerging air refueling requirements.
(2) An assessment of how direct fuel pipeline connections
enhance the resiliency and efficiency of the installations
and help meet existing Defense Logistics Agency requirements
for secondary storage and other fuel requirements.
(3) A list of Air National Guard and Air Force Reserve
installations that currently do not have a direct connection
pipeline but have access to such a pipeline within reasonable
proximity (less than five miles) to the facility.
(4) An overview and summary of the current process for
considering such proposals, including the factors used to
consider requests, including the weight provided to each
factor and including a list of Air National Guard and Air
Force Reserve installations that have sought funding for
projects to create direct access to a national fuel pipeline
or to maintain access to such pipelines over the last five
years.
(5) A list of the total instances in the past five years in
which projects for direct fuel pipeline connections have been
approved for regular component, Air National Guard, or Air
Force Reserve installations, including the costs of each
project and the justification for such approval.
(6) A list of Air National Guard and Air Force Reserve
installations with current pipeline connections that the Air
Force or Defense Logistics Agency has determined should no
longer be used, including--
(A) an analysis of the justifications for each such
determination, such as decisions to switch from pipelines to
using trucks as the primary fuel delivery method;
(B) an assessment of whether these determinations fairly
weigh the costs and benefits of building or maintaining a
pipeline tap as a practical primary or secondary fuel
delivery method for the installation compared to railroad,
barge terminal, or truck delivery; and
(C) an assessment of whether these determinations fairly
consider or weigh how direct fuel pipeline connections
increase security for the fuel supply by reducing the threat
of interruption, enhance mission reliability by providing
access to greater fuel storage capability, and the ability of
such projects once completed to better support the domestic
and global operations of the Air National Guard or Air Force
Reserve installation.
(7) An assessment of how costs associated with each direct
fuel pipeline connection project is considered by the Air
Force or Defense Logistics Agency and the weight given to
such costs in the final analysis.
(8) An assessment of the effectiveness or usefulness of
guidance or technical assistance provided to installations
requesting or proposing direct fuel pipeline connection
projects and recommend ways to provide additional assistance
to ensure the Air Force and Defense Logistics Agency receive
the most up to date information about the costs and benefits
of proposed projects from installations.
(9) An assessment of the available funding sources though
the Air Force, Defense Logistics Agency, other Department of
Defense entities, or other mechanisms, such as a public-
private partnership or enhanced use lease, that can support
direct fuel pipeline connection projects either in whole or
in part.
(10) An assessment of the extent to which direct fuel
pipeline connection projects have been incorporated in any
comprehensive plan the Air Force has developed or will
develop regarding investments needed to improve Air National
Guard, Air Force Reserve, and regular component installations
to meet the Department's needs.
(c) Final Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of the Air Force
shall provide a final report to the Committees on Armed
[[Page H5677]]
Services of the Senate and the House of Representatives
containing the results of the review required by subsection
(a) and recommendations from the review on how the Air Force
can better expedite and support the use of fuel pipelines at
Air National Guard and Air Force Reserve installations. Such
recommendations shall include options for accelerating the
development and consideration of such projects where most
feasible and appropriate, including whether costs savings
could be obtained by including such projects as part of other
related projects already authorized at an installation.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from Oklahoma (Ms. Kendra S. Horn) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentlewoman from Oklahoma.
Ms. KENDRA S. HORN of Oklahoma. Madam Chair, I currently have no
speakers, and I reserve the balance of my time.
Mr. THORNBERRY. Madam Chair, I have no speakers, and I yield back the
balance of my time.
Ms. KENDRA S. HORN of Oklahoma. Madam Chair, I encourage my
colleagues to support the en bloc package, as well as the NDAA upon
final passage, and I yield back the balance of my time.
Mr. McGOVERN. Madam Chair, this bipartisan amendment co-sponsored by
Congresswoman Walorski will authorize $11 million for the Wounded
Warrior Service Dog Program in FY 2020, and I want to thank Chairman
Smith for including this amendment in En Bloc 11. This lifechanging
program will aid our nation's veterans by awarding grants to nonprofit
organizations that stand-up, operate, and provide free assistance dogs
to veterans and service members with physical disabilities, PTSD, or
traumatic brain injuries. Service dogs often become an integral part of
a veteran or servicemember's treatment team because they provide both
physical and emotional support--they can protect a veteran who is
having a seizure, remind them to take medications, or even create a
protective physical barrier in a crowded space.
Madam Chair, this amendment will continue to effectively expand
treatment options for our veterans and service members and I encourage
my colleagues to support it.
Ms. MOORE. Madam Chair, I rise in support of my amendments to H.R.
2500 which are included in this En Bloc package.
My first amendment is fairly simple and direct. It would remind those
in charge of the DoD's National Capital Consortium Psychiatry Residency
Program--or PRP--of their responsibility to maintain an environment
that is free of harassment and discrimination.
This critical program helps train professionals who are on the
frontlines of addressing critical mental health needs. The Chairman and
Ranking Member are both aware of the tremendous need for such
providers, both in and outside, of the military. It's those concerns
that are behind the inclusion of Section 717 in this bill which calls
for the Defense Department to provide a strategy to recruit and retain
mental health providers.
It is important that this workforce be culturally competent and
diverse which is why ensuring that this program's leadership actively
work to ensure that residents are trained in an atmosphere where
discrimination or harassment of any sort is not tolerated. Period.
What I do know is that tolerating a work environment that is toxic or
being turned toxic because of racial or sexually derogatory statements
or actions makes it harder to recruit and retain these in-demand
providers and also hurt efforts to ensure a diverse mental health
workforce.
Unfortunately, in 2016, a report by the program's ombudsman noted an
``undercurrent'' of discrimination in the PRP program and a recent
report to my office, while noting improvements, still reported that
offensive statements continue to be made.
Just one report of harmful statements or actions is one too many.
That's the standard that we should have and that should be enforced.
This amendment simply makes clear that racial and gender-based
discrimination or harassment have no place in the PRP (or elsewhere in
the military for that matter) and reaffirms the need for leaders to
proactively work to provide an environment where such conduct is not
tolerated.
The military and the taxpayer will invest much to recruit and train
these individuals. Therefore, it is important that those who
participate in this demanding residency program should be able to do so
in a safe and harassment free environment.
Additionally, I am pleased about the inclusion in En Bloc 11 of
another amendment I offered requesting certain information from the Air
Force.
Fuel is a lifeline for many of the missions that we ask our men and
women in uniform to carry out. Therefore, it is critical that the Air
Force and Defense Logistics Agency consider the best options for
ensuring that Air Force facilities, including Air Guard and Air Reserve
facilities, have a reliable and secure fuel supply.
One effective but under-utilized option are projects that help Air
Guard and Air Reserve facilities tap nearby national fuel pipelines
that could provide uninterrupted access to millions of gallons for jet
fuel. These projects can be an effective and efficient way to help
these units carry out their missions, help them to easily meet
Department and Defense Logistics Agency requirements for a reliable
secondary fuel supply, and help them meet current and emerging air
refueling requirements, among other benefits, while also reducing the
threat to fuel supplies.
Any delay or disruption to fuel supplies directly translates into a
degradation of mission readiness.
And in many cases, these projects make mission and economic sense,
like in my district, where we are going to build a new fuel facility
less than 1 mile away from an existing fuel pipeline that would provide
millions of gallons of fuel storage and reduce the need for the 400
plus trucks that currently supply the base.
According to one estimate, such a pipeline would provide access to
more fuel and cost less than what it will cost to pay to truck in
significantly less fuel over the next three years.
The amendment I have offered would request the Air Force provide
information on how it prioritizes and considers requests to undertake
such projects at Air Guard and Air Reserve facilities, especially for
units where such projects would help improve mission readiness, among
other benefits.
This would include information about the Air Guard and Air Reserve
facilities where such projects could be of benefit, with an emphasis on
facilities located near fuel pipelines that they currently do not
access, and information about the criteria used to consider these
projects and barriers such as funding that may impede such projects.
This amendment builds on an amendment I successfully offered to the
FY 2020 Defense Appropriations bill when it came before the House last
month to encourage the Air Force to pursue such projects.
I thank the Chairman and Ranking Member for their support.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Oklahoma (Ms. Kendra S. Horn).
The en bloc amendments were agreed to.
Amendments En Bloc No. 12 Offered by Ms. Kendra S. Horn of Oklahoma
Ms. KENDRA S. HORN of Oklahoma. Madam Chair, pursuant to House
Resolution 476, I offer amendments en bloc as the designee of the
gentleman from Washington (Mr. Smith).
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 12 consisting of amendment Nos. 291, 292, 293,
294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307,
308, 309, 311, 312, 313, 314, 315, and 316, printed in part B of House
Report 116-143, offered by Ms. Kendra S. Horn of Oklahoma:
Amendment No. 291 Offered by Mr. Morelle of New York
At the end of subtitle B of title XXXI, add the following
new section:
SEC. 3121. FUNDING FOR INERTIAL CONFINEMENT FUSION IGNITION
AND HIGH YIELD PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by this title for Weapons Activities, as
specified in the corresponding funding table in section 4701,
for the Inertial Confinement Fusion Ignition and High Yield
program, facility operations and target production, is hereby
increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by this title for Weapons Activities, as
specified in the corresponding funding table in section 4701,
for Stockpile Services, management, technology, and
production, is hereby reduced by $5,000,000.
Amendment No. 292 Offered by Mr. Mullin of Oklahoma
At the end of subtitle C of title VII, add the following
new section:
SEC. 729. REPORT ON MEDICAL PROVIDERS AND MEDICAL MALPRACTICE
INSURANCE.
The Secretary of Defense shall submit to the congressional
defense committees a report identifying the number of medical
providers employed by the Department of Defense who, before
being employed by the Department, lost medical malpractice
insurance coverage by reason of the insurer dropping the
coverage.
Amendment No. 293 Offered by Mrs. Murphy of Florida
At the end of subtitle C of title II, add the following:
[[Page H5678]]
SEC. __. INDEPENDENT STUDY ON THREATS TO UNITED STATES
NATIONAL SECURITY FROM DEVELOPMENT OF
HYPERSONIC WEAPONS BY FOREIGN NATIONS.
(a) Independent Study.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall seek to enter into a contract with a federally funded
research and development center under which the center will
conduct a study on the development of hypersonic weapons
capabilities by foreign nations and the threat posed by such
capabilities to United States territory, forces and overseas
bases, and allies.
(b) Elements of Study.--The study required under subsection
(a) shall--
(1) describe the hypersonic weapons capabilities in
development in the People's Republic of China, the Russian
Federation, and other nations;
(2) assess the proliferation risk that nations that develop
hypersonic weapons capabilities might transfer this
technology to other nations;
(3) attempt to describe the rationale for why each nation
that is developing hypersonic weapons capabilities is
undertaking such development; and
(4) examine the unique threats created to United States
national security by hypersonic weapons due to both their
maneuverability and speed, distinguishing between hypersonic
glide vehicles delivered by rocket boosters (known as boost-
glide systems) and hypersonic cruise missiles, and further
distinguishing between longer-range systems that can reach
United States territory and shorter or medium range systems
that might be used in a regional conflict.
(c) Submission to Department of Defense.--Not later than
270 days after the date of the enactment of this Act, the
federally funded research and development center that
conducts the study under subsection (a) shall submit to the
Secretary of Defense a report on the results of the study in
both classified and unclassified form.
(d) Submission to Congress.--Not later than 30 days after
the date on which the Secretary of Defense receives the
report under subsection (c), the Secretary shall submit to
the congressional defense committees an unaltered copy of the
report in both classified and unclassified form, and any
comments of the Secretary with respect to the report.
Amendment No. 294 Offered by Mrs. Murphy of Florida
At the end of title XI, add the following:
SEC. 1113. CLARIFICATION OF LIMITATION ON EXPEDITED HIRING
AUTHORITY FOR POST-SECONDARY STUDENTS.
Section 3116(d)(1) of title 5, United States Code, is
amended to read as follows:
``(1) In general.--Except as provided in paragraph (2), the
total number of students that the head of an agency may
appoint under this section during a fiscal year may not
exceed the number equal to 15 percent of the number of
students that the agency head appointed during the previous
fiscal year to a position at the GS-11 level, or an
equivalent level, or below.''.
Amendment No. 295 Offered by Mrs. Napolitano of California
At the end of subtitle A of title III, insert the
following:
SEC. __. INCREASE IN FUNDING FOR CIVIL MILITARY PROGRAMS.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for operation and maintenance, Defense-wide, as
specified in the corresponding funding table in section 4301,
for Civil Military Programs is hereby increased by
$50,000,000 (to be used in support of the National Guard
Youth Challenge Program).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for operation and maintenance, Defense-wide, as
specified in the corresponding funding table in section 4301,
for Operation and Maintenance, Defense-wide is hereby reduced
by $50,000,000.
Amendment No. 296 Offered by Mr. Norman of South Carolina
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED
GOVERNMENT ACCOUNTABILITY OFFICE BID PROTESTS.
Section 827 of the National Defense Authorization Act for
Fiscal Year 2018 (10 U.S.C. 2304 note) is amended--
(1) in subsection (a)--
(A) by inserting ``direct'' before ``costs incurred''; and
(B) by striking ``in processing'' and inserting ``by the
Department in support of hearings to adjudicate''; and
(2) in subsection (b), by striking ``two years after the
date of the enactment of this Act'' and inserting ``60 days
after the Secretary of Defense certifies in writing to the
congressional defense committees that the Department of
Defense has business systems that have been independently
audited and that can accurately identify the direct costs
incurred by the Department of Defense in support of hearings
to adjudicate covered protests''.
Amendment No. 297 Offered by Mr. Norman of South Carolina
At the end of subtitle C of title XVI, add the following
new section:
SEC. 16__. CYBERSECURITY DEFENSE ACADEMY PILOT PROGRAM.
(a) Program Required.--The Secretary of Defense carry out a
pilot program under which the Secretary shall seek to enter
into a public-private partnership with eligible cybersecurity
organizations to train and place veterans as cybersecurity
personnel within the Department of Defense. The public-
private partnership entered into under this subsection shall
be known as the ``Cybersecurity Defense Academy''.
(b) Activities.--The Cybersecurity Defense Academy shall
provide educational courses in topics relating to
cybersecurity, including the following:
(1) Cybersecurity analysis.
(2) Cybersecurity penetration testing.
(3) Cybersecurity threat hunting.
(4) Cybersecurity advanced exploitation.
(5) Linux systems administration.
(6) Robotics process automation analysis.
(c) Placement of Graduates.--
(1) In general.--The Secretary of Defense shall establish a
process under which an individual who has completed a course
of study at the Cybersecurity Defense Academy may be placed
in a cybersecurity-related position within the Department of
Defense.
(2) Waiver of certification.--The Secretary of Defense
shall waive the certification requirements set forth in
Department of Defense Directives 8570 and 8140 with respect
to the initial placement of an individual described in
paragraph (1) if the Secretary Determines that the training
provided to the individual by the Cybersecurity Defense
Academy meets or exceeds the level of training required by
such directives..
(d) Eligible Cybersecurity Organization Defined.--In this
section, the term ``eligible cybersecurity organizton'' means
an nonprofit or for-profit organization that--
(1) has a history of working with state and local
governments;
(2) is accredited by the American National Standards
Institute;
(3) has experience placing veterans in cybersecurity
positions;
(4) does not charge fees to servicemembers or veterans for
taking a cybersecurity course; and
(5) aligns aptitude and psychometric selection with
cybersecurity career choice.
(e) Initial Report.--Not later than 90 days after the date
one which the 50th graduate of the Cybersecurity Defense
Academy is placed in the Department of Defense, the Secretary
of Defense shall submit to the congressional defense
committees a report that includes the following:
(1) The number of individuals who graduated from the
Cybersecurity Defense Academy.
(2) The number of such individuals who were directly placed
in cybersecurity positions with employers.
(3) The efficiency and effectiveness (speed of entry and
candidate selection) based on aptitude and psychometric tools
utilized to allocate veterans to cybersecurity roles.
(4) The benefits or burdens of permanently establishing the
Cybersecurity Defense Academy.
(5) Recommendations identifying any specific actions that
should be carried out if the program under this section
should become permanent.
(6) Recommendations for any changes to Department of
Defense Directives 8570 and 8140.
(f) Termination.--
(1) In general.--Except as provided in paragraph (2), the
program under this section shall terminate on the date that
is five years after the date of the enactment of this Act.
(2) Continuation.--The Secretary of Defense may continue
the program after the termination date applicable under
paragraph (1) if the Secretary determines that continuation
of the program after that date is advisable and appropriate.
If the Secretary determines to continue the program after
that date, the Secretary shall do the following:
(A) Not later than 180 days after the date on which the
report is submitted under subsection (e), the Secretary shall
submit to the congressional defense committees a report
describing the reasons for the determination to continue the
program.
(B) The Secretary shall--
(i) establish the program throughout the Department of
Defense and individual service branches;
(ii) make recommendations to the President and all
committees of Congress for making the program applicable to
all departments and agencies of the Federal Government;
(iii) conduct contract negotiations with companies that
provide services under the program to ensure that such
services are provided at a cost-effective rate; and
(iv) ensure that cybersecurity courses accredited by the
American National Standards Institute are integrated into
level III of the IAT, IAM, and IASE baseline certifications
described in Department of Defense Directive 8570.
Amendment No. 298 Offered by Mr. O'Halleran of Arizona
In section 232(e)(2), strike ``; and'' at the end and
insert ``;''.
In section 232(e)(3), strike the period at the end and
insert ``; and''.
At the end of section 232(e), add the following:
(4) the United States Naval Observatory (as described in
section 8715 of title 10, United States Code).
[[Page H5679]]
Amendment No. 299 Offered by Mr. O'Halleran of Arizona
At the end of section 718, page 367, after line 20, insert
the following:
(c) Report on Implementation of Guidance on Opioid
Prescriptions for Pain From Minor Outpatient Procedures.--Not
later than 6 months after the date of enactment of this Act,
the Secretary of Defense, acting in conjunction with the
Director of the Defense Health Agency, shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on the implementation and results of
the Defense Health Agency's guidance on opioid prescriptions
for pain from minor outpatient procedures in Guidance Report
entitled ``Pain Management and Opioid Safety in the Military
Health System (MHS)'' (DHA-PI 6025.04, issued on June 8,
2018).
amendment no. 300 offered by ms. omar of minnesota
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. REQUIREMENT FOR CONTRACTORS TO REPORT GROSS
VIOLATIONS INTERNATIONALLY RECOGNIZED HUMAN
RIGHTS.
(a) In General.--A contractor performing a Department of
Defense contract in a foreign country shall report possible
cases of gross violations of internationally recognized human
rights to the Secretary of Defense.
(b) Report.--Not later than 180 days after the enactment of
this Act, the Secretary of Defense, with the concurrence of
the Secretary of State, shall submit to the appropriate
congressional committees a report that describes--
(1) the policies and procedures in place to obtain
information about possible cases of gross violations of
internationally recognized human rights from contractors
described in subsection (a); and
(2) the resources needed to investigate reports made
pursuant to subsection (a).
(c) Form of Report.--The report required by subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--the term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' means torture or cruel, inhuman, or
degrading treatment or punishment, prolonged detention
without charges and trial, causing the disappearance of
persons by the abduction and clandestine detention of those
persons, child sexual assault, and other flagrant denial of
the right to life, liberty, or the security of person.
amendment no. 301 offered by ms. omar of minnesota
At the end of subtitle G of title XII, add the following:
SEC. _. PROHIBITION ON USE OF FUNDS TO ESTABLISH ANY MILITARY
INSTALLATION OR BASE FOR THE PURPOSE OF
PROVIDING FOR THE PERMANENT STATIONING OF
UNITED STATES ARMED FORCES IN SOMALIA.
None of the funds authorized to be appropriated by this Act
or otherwise made available to the Department of Defense for
fiscal year 2020 may be obligated or expended to establish
any military installation or base for the purpose of
providing for the permanent stationing of United States Armed
Forces in Somalia.
amendment no. 302 offered by mr. panetta of california
At the end of subtitle B of title XXVIII, add the following
new section:
SEC. 28__. PILOT PROGRAM TO BUILD AND MONITOR USE OF SINGLE
FAMILY HOMES.
(a) In General.--The Secretary of the Army shall carry out
a pilot program to build and monitor the use of not fewer
than 5 single family homes for members of the Army and their
families.
(b) Location.--The Secretary of the Army shall carry out
the pilot program at no less than two installations of the
Army located in different climate regions of the United
States as determined by the Secretary.
(c) Design.--In building homes under the pilot program, the
Secretary of the Army shall use the All-American Abode design
from the suburban single-family division design by the United
States Military Academy.
(d) Funding Increase.--Notwithstanding the amounts set
forth in the funding tables in division D, the amount
authorized to be appropriated in section 2103 for Army
military construction, as specified in the corresponding
funding table in section 4601, for Military Construction, FH
Con Army Family Housing P&D, is hereby increased by
$5,000,000, with the amount of such increase to be made
available to carry out the pilot program.
(e) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for Air Force, Line 088, Program
Element 0604933F, ICBM FUZE MODERNIZATION, is hereby reduced
by $5,000,000.
amendment no. 303 offered by mr. panetta of california
At the end of subtitle E of title V, add the following new
section:
SEC. 5__. INFORMATION ON LEGAL SERVICES PROVIDED TO MEMBERS
OF THE ARMED FORCES HARMED BY HEALTH OR
ENVIRONMENTAL HAZARDS AT MILITARY HOUSING.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the legal
services that the Secretary may provide to members of the
Armed Forces who have been harmed by a health or
environmental hazard while living in military housing.
(b) Availability of Information.--The Secretary of the
military department concerned shall make the information
contained in the report submitted under subsection (a)
available to members of the Armed Forces at all installations
of the Department of Defense in the United States.
amendment no. 304 offered by mr. panetta of california
At the end of subtitle C of title XXVIII, add the following
new section:
SEC. 28__. REPORT ON DEPARTMENT OF DEFENSE USE OF
INTERGOVERNMENTAL SUPPORT AGREEMENTS.
(a) Plan Required.--Not later than July 31, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Service of the Senate and the House of Representatives a
report containing a plan to improve the collection and
monitoring of information regarding the consideration and use
of intergovernmental support agreements, as authorized by
section 2679 of title 10, United States Code, including
information regarding the financial and nonfinancial benefits
derived from the use of such agreements.
(b) Additional Plan Elements.--The plan required by
subsection (a) also shall include the following:
(1) A timeline for implementation of the plan.
(2) A education and outreach component for installation
commanders to improve understanding of the benefits of
intergovernmental support agreements and to encourage greater
use of such agreements.
(3) Proposals to standardize across all military
departments the approval process for intergovernmental
support agreements.
(4) Proposals to achieve efficiencies in intergovernmental
support agreements based on inherent intergovernmental trust.
(5) Proposals for the development of criteria to evaluate
the effectiveness of intergovernmental support agreements
separate from Federal Acquisition Regulations.
amendment no. 305 offered by mr. panetta of california
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. REPORT ON INNOVATION INVESTMENTS AND MANAGEMENT.
(a) Report Required.--Not later than December 31, 2019, the
Under Secretary of Defense for Research and Engineering shall
submit to the congressional defense committees a report on
the efforts of the Department of Defense to improve
innovation investments and management.
(b) Elements.--The report required under subsection (a)
shall include an explanation of each of the following:
(1) How incremental and disruptive innovation investments
for each military department are defined.
(2) How such investments are assessed.
(3) Whether the Under Secretary has defined a science and
technology management framework that--
(A) emphasizes greater use of existing flexible approaches
to more quickly initiate and discontinue projects to respond
to the rapid pace of innovation;
(B) incorporates acquisition stakeholders into technology
development programs to ensure that they are relevant to
customers; and
(C) promotes advanced prototyping of disruptive
technologies within the labs so that the science and
technology community can prove that these technologies work
to generate demand from future acquisition programs.
amendment no. 306 offered by mr. panetta of california
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. SENSE OF CONGRESS ON FUTURE VERTICAL LIFT
TECHNOLOGIES.
(a) Findings.--Congress finds the following:
(1) As the United States enters an era of great power
competition, the Army must appropriately modernize its
aircraft fleet.
(2) Specifically, investments in maturation technologies to
accelerate the deployment of future vertical lift programs is
paramount.
(3) Technology designs and prototypes must be converted
into production-ready articles for effective fielding.
(4) Congress is concerned that the Army is not adequately
resourcing programs to improve pilot situational awareness,
increase flight operations safety, and diminish operation and
maintenance costs.
(b) Sense of Congress.--It is the sense of Congress that
the Army should to continue to invest in research,
development, test, and evaluation programs to mature future
vertical lift technologies.
[[Page H5680]]
amendment no. 307 offered by mr. panetta of california
At the end of subtitle H of title V, add the following:
SEC. __. FULL MILITARY HONORS CEREMONY FOR CERTAIN VETERANS.
Section 1491(b) of title 10, United States Code, is amended
by adding at the end the following:
``(3) The Secretary concerned shall provide full military
honors (as determined by the Secretary concerned) for the
funeral of a veteran who--
``(A) is first interred or first inurned in Arlington
National Cemetery on or after the date of the enactment of
this paragraph;
``(B) was awarded the medal of honor or the prisoner-of-war
medal; and
``(C) is not entitled to full military honors by the grade
of that veteran.''.
amendment no. 308 offered by mr. panetta of california
Add at the appropriate place in subtitle F of title XII of
division A the following:
SEC. 1258. NATO SUPPORT ACT.
(a) Findings.--Congress finds that:
(1) The North Atlantic Treaty Organization (NATO), which
came into being through the North Atlantic Treaty, which
entered into force on April 4, 1949, between the United
States of America and the other founding members of the North
Atlantic Treaty Organization, has served as a pillar of
international peace and stability, a critical component of
United States security, and a deterrent against adversaries
and external threats.
(2) The House of Representatives affirmed in H. Res. 397,
on June 27, 2017, that--
(A) NATO is one of the most successful military alliances
in history, deterring the outbreak of another world war,
protecting the territorial integrity of its members, and
seeing the Cold War through to a peaceful conclusion;
(B) NATO remains the foundation of United States foreign
policy to promote a Europe that is whole, free, and at peace;
(C) the United States is solemnly committed to the North
Atlantic Treaty Organization's principle of collective
defense as enumerated in Article 5 of the North Atlantic
Treaty; and
(D) the House of Representatives--
(i) strongly supports the decision at the NATO Wales Summit
in 2014 that each alliance member would aim to spend at least
2 percent of its nation's gross domestic product on defense
by 2024;
(ii) condemns any threat to the sovereignty, territorial
integrity, freedom and democracy of any NATO ally; and
(iii) welcomes the Republic of Montenegro as the 29th
member of the NATO Alliance.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to remain a member in good standing of NATO;
(2) to reject any efforts to withdraw the United States
from NATO, or to indirectly withdraw from NATO by condemning
or reducing contributions to NATO structures, activities, or
operations, in a manner that creates a de facto withdrawal;
(3) to continue to work with NATO members to meet their
2014 Wales Defense Investment Pledge commitments; and
(4) to support robust United States funding for the
European Deterrence Initiative, which increases the ability
of the United States and its allies to deter and defend
against Russian aggression.
(c) Prohibition on the Use of Funds to Withdraw From
NATO.--Notwithstanding any other provision of law, no funds
are authorized to be appropriated, obligated, or expended to
take any action to withdraw the United States from the North
Atlantic Treaty, done at Washington, DC on April 4, 1949,
between the United States of America and the other founding
members of the North Atlantic Treaty Organization.
amendment no. 309 offered by mr. panetta of california
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. MODIFICATION OF DEFENSE QUANTUM INFORMATION SCIENCE
AND TECHNOLOGY RESEARCH AND DEVELOPMENT
PROGRAM.
Section 234 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 2358 note) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking the semicolon at the end
and inserting ``, including through coordination with--
``(A) the National Quantum Coordination Office;
``(B) the subcommittee on Quantum Information Science and
the subcommittee on Economic and Security Implications of
Quantum Science of the National Science and Technology
Council;
``(C) the Quantum Economic Development Consortium;
``(D) the Under Secretary of Defense for Acquisition and
Sustainment
``(E) the Industrial Policy office of the Department of
Defense;
``(F) industry;
``(G) academic institutions; and
``(H) national laboratories;'';
(B) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (8), respectively;
(C) by inserting after paragraph (2) the following new
paragraphs:
``(3) develop, in coordination with the entities listed in
paragraph (2), plans for workforce development, enhancing
awareness and reducing risk of cybersecurity threats, and the
development of ethical guidelines for the use of quantum
technology;
``(4) develop, in coordination with the National Institute
of Standards and Technology, a quantum science taxonomy and
requirements for technology and standards;'';
(D) in paragraph (5) (as so redesignated), by striking
``and'' at the end;
(E) by inserting after paragraph (5) (as so redesignated)
the following new paragraphs:
``(6) support efforts to increase the technology readiness
level of quantum technologies under development in the United
States;
``(7) coordinate quantum technology initiatives with allies
of the United States, including by coordinating with allies
through The Technical Cooperation Program; and''; and
(F) in paragraph (8) (as so redesignated), by striking
``meeting the long-term challenges and achieving the specific
technical goals'' and inserting ``carrying out the program
required by subsection (a)''; and
(2) in subsection (d)--
(A) by redesignating subparagraphs (C) through (E) as
subparagraphs (E) through (G), respectively; and
(B) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) A quantum technology roadmap indicating the likely
timeframes for development and military deployment of quantum
technologies, and likely relative national security impact of
such technologies.
``(D) A description of efforts to update classification and
cybersecurity practices surrounding quantum technology,
including--
``(i) security processes and requirements for engagement
with allied countries; and
``(ii) a plan for security-cleared workforce
development.''.
amendment no. 311 offered by mr. perlmutter of colorado
Page 169, line 19, strike ``2023'' and insert ``2022''.
Add at the end of subtitle B of title XXXI the following
new section:
SEC. 31__. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM ACT OF 2000.
(a) Office of Ombudsman.--Section 3686 of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7385s-15) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) To provide guidance and assistance to claimants.'';
and
(2) in subsection (h), by striking ``2019'' and inserting
``2020''.
(b) Advisory Board on Toxic Substances and Worker Health.--
Section 3687 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-16) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking ``; and'' and
inserting a semicolon; and
(C) by adding after subparagraph (D) the following:
``(E) the claims adjudication process generally, including
review of procedure manual changes prior to incorporation
into the manual and claims for medical benefits; and
``(F) such other matters as the Secretary considers
appropriate; and'';
(2) in subsection (g)--
(A) by striking ``The Secretary of Energy shall'' and
inserting ``The Secretary of Energy and the Secretary of
Labor shall each''; and
(B) by adding at the end the following new sentence: ``The
Secretary of Labor shall make available to the Board the
program's medical director, toxicologist, industrial
hygienist and program's support contractors as requested by
the Board.'';
(3) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(4) by inserting after subsection (g) the following:
``(h) Response to Recommendations.--Not later than 60 days
after submission to the Secretary of Labor of the Board's
recommendations, the Secretary shall respond to the Board in
writing, and post on the public Internet website of the
Department of Labor, a response to the recommendations that--
``(1) includes a statement of whether the Secretary accepts
or rejects the Board's recommendations;
``(2) if the Secretary accepts the board's recommendations,
describes the timeline for when those recommendations will be
implemented; and
``(3) if the Secretary does not accept the recommendations,
describes the reasons the Secretary does not agree and
provide all scientific research to the Board supporting that
decision.''.
amendment no. 312 offered by mr. perry of pennsylvania
On page 918, after line 16, insert the following new
paragraph (and redesignate the subsequent paragraphs
accordingly):
(8) An evaluation of the level of threat information
sharing between the Department and the Defense Industrial
Base.
amendment no. 313 offered by mr. peters of california
Page 283, after line 10, insert the following:
[[Page H5681]]
SEC. 567. PILOT PROGRAM TO IMPROVE INFORMATION SHARING
BETWEEN DEPARTMENT OF DEFENSE AND DESIGNATED
RELATIVES AND FRIENDS OF MEMBERS OF THE ARMED
FORCES REGARDING THE EXPERIENCES AND CHALLENGES
OF MILITARY SERVICE.
(a) Pilot Program Described.--
(1) Purpose.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with the American Red Cross to carry
out a pilot program under which the American Red Cross--
(A) encourages a member of the Armed Forces, upon the
enlistment or appointment of such member, to designate up to
10 persons to whom information regarding the military service
of such member shall be disseminated using contact
information obtained under paragraph (5); and
(B) provides such persons, within 30 days after the date on
which such persons were designated under subparagraph (A),
the option to elect to receive such information regarding
military service; and
(2) Types of information.--The types of information to be
disseminated under the pilot program to persons who elect to
receive information shall include information regarding--
(A) aspects of daily life and routine experienced by
members of the Armed Forces;
(B) the challenges and stresses of military service,
particularly during and after deployment as part of a
contingency operation;
(C) the services available to members of the Armed Forces
and the dependents of such members to cope with the
experiences and challenges of military service;
(D) benefits administered by the Department of Defense for
members of the Armed Forces and the dependents of such
members;
(E) a toll-free telephone number through which such persons
who elect to receive information under the pilot program may
request information regarding the program; and
(F) such other information as the Secretary of Defense
determines to be appropriate.
(3) Privacy of information.--In carrying out the pilot
program under paragraph (1), the Secretary of Defense may not
disseminate information under paragraph (2) in violation of
laws and regulations pertaining to the privacy of members of
the Armed Forces, including requirements pursuant to--
(A) section 552a of title 5, United States Code; and
(B) the Health Insurance Portability and Accountability Act
of 1996 (Public Law 104-191).
(4) Notice and modifications.--In carrying out the pilot
program under paragraph (1), the Secretary of Defense shall,
with respect to a member of the Armed Forces--
(A) ensure that such member is notified of the ability to
modify designations made by the member under paragraph
(1)(A); and
(B) upon the request of a member, authorize the member to
modify such designations at any time.
(5) Contact information.--In making a designation under the
pilot program, a member of the Armed Forces shall provide
necessary contact information, specifically including an
email address, to facilitate the dissemination of information
regarding the military service of the member.
(6) Opt-out of program.--In carrying out the pilot program
under paragraph (1), the Secretary of Defense shall, with
respect to a person who has elected to receive information
under such pilot program, cease disseminating such
information to that person upon request of such person.
(b) Survey and Report on Pilot Program.--
(1) Survey.--Not later than two years after the date on
which the pilot program commences, the Secretary of Defense,
in consultation with the American Red Cross, shall administer
a survey to persons who elected to receive information under
the pilot program, for the purpose of receiving feedback
regarding the quality of information disseminated under this
section, including whether such information appropriately
reflects the military career progression of members of the
Armed Forces.
(2) Report.--Not later than three years after the date on
which the pilot program commences, the Secretary of Defense
shall submit to the congressional defense committees a final
report on the pilot program which includes--
(A) the results of the survey administered under paragraph
(1);
(B) a determination as to whether the pilot program should
be made permanent; and
(C) recommendations as to modifications necessary to
improve the program if made permanent.
(3) Congressional defense committees defined.--The term
``congressional defense committees'' has the meaning given
that term in section 101 of title 10, United States Code.
(c) Termination of Pilot Program.--The pilot program shall
terminate upon submission of the report required by
subsection (b)(2).
amendment no. 314 offered by mr. phillips of minnesota
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. 12__. REPORT BY DEFENSE INTELLIGENCE AGENCY ON CERTAIN
MILITARY CAPABILITIES OF CHINA AND RUSSIA.
(a) Report.--The Director of the Defense Intelligence
Agency shall submit to the Secretary of Defense and the
appropriate congressional committees a report on the military
capabilities of China and Russia.
(b) Matters Included.--The report under subsection (a)
shall include, with respect to the military of China and the
military of Russia, the following:
(1) An update on the presence, status, and capability of
the military with respect to any national training centers
similar to the Combat Training Center Program of the United
States.
(2) An analysis of a readiness deployment cycle of the
military, including--
(A) as compared to such a cycle of the United States; and
(B) an identification of metrics used in the national
training centers of that military.
(3) A comprehensive investigation into the capability and
readiness of the mechanized logistics of the army of the
military, including--
(A) an analysis of field maintenance, sustainment
maintenance, movement control, intermodal operations, and
supply; and
(B) how such functions under subparagraph (A) interact with
specific echelons of that military.
(4) An assessment of the future of mechanized army
logistics of the military.
(c) Nonduplication of Efforts.--The Defense Intelligence
Agency may make use of or add to any existing reports
completed by the Agency in order to respond to the reporting
requirement under subsection (a).
(d) Form.--The report under subsection (a) may be submitted
in classified form.
(e) Briefing.--The Director shall provide a briefing to the
Secretary and the committees specified in subsection (a) on
the report under such subsection.
(f) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Foreign
Affairs of the House of Representatives; and
(2) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Foreign Relations of
the Senate.
amendment no. 315 offered by mr. phillips of minnesota
At the end of subtitle D of title III, add the following
new section:
SEC. 3__. REPORT ON PLAN TO DECONTAMINATE SITES FORMERLY USED
BY THE DEPARTMENT OF THE ARMY THAT HAVE SINCE
BEEN TRANSFERRED TO UNITS OF LOCAL GOVERNMENT
AND ARE AFFECTED BY POLLUTANTS THAT ARE, IN
WHOLE OR IN PART, A RESULT OF ACTIVITY BY THE
DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) There are numerous properties that were under the
jurisdiction of the Department of the Army, such as former
Nike missile sites, but that have been transferred to units
of local government.
(2) Many of these properties may remain polluted because of
activity by the Department of Defense.
(3) This pollution may inhibit the use of these properties
for commercial or residential purposes.
(b) Report Required.--The Secretary of the Army shall
submit to the appropriate congressional committees a report--
(1) specifying each covered property that may remain
polluted because of activity by the Department of Defense;
and
(2) containing the Secretary's plan to decontaminate each
covered property.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Energy and Natural Resources of the Senate; and
(B) the Committee on Armed Services, the Committee on
Energy and Commerce, and the Committee on Natural Resources
of the House of Representatives.
(2) The term ``covered property'' means property that was
under the jurisdiction of the Department of the Army and was
transferred to a unit of local government before the date of
the enactment of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, but that would have triggered Federal Government notice
or action under that section had the transfer occurred on or
after that date.
amendment no. 316 offered by ms. pingree of maine
At the end of subtitle C of title VII, add the following:
SEC. ___. INFORMATION FOR MEMBERS OF THE ARMED FORCES
REGARDING AVAILABILITY OF SERVICES AT THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Defense shall inform
members of the Armed Forces, using mechanisms available to
the Secretary, of the eligibility of such members for
services of the Department of Veterans Affairs.
(b) Information From Sexual Assault Response
Coordinators.--The Secretary shall insure that Sexual Assault
Response Coordinators and uniformed victims advocates of the
Department of Defense advise members of the Armed Forces who
report instances of military sexual trauma regarding the
eligibility of such members for services at the Department of
Veterans Affairs and that this information be included in
mandatory training materials.
[[Page H5682]]
(c) Military Sexual Trauma Defined.--In this section, the
term ``military sexual trauma'' means psychological trauma
described in section 1720D(a)(1) of title 38, United States
Code.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from Oklahoma (Ms. Kendra S. Horn) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentlewoman from Oklahoma.
Ms. KENDRA S. HORN of Oklahoma. Madam Chair, I have no speakers, and
I reserve the balance of my time.
Mr. THORNBERRY. Madam Chair, I yield 2 minutes to the distinguished
gentleman from Pennsylvania (Mr. Perry).
Mr. PERRY. Madam Chair, I thank the chairman of the committee for
this opportunity.
Madam Chair, I rise today in support of my amendment, which will
require the Secretary of Defense to report on the current level of
threat sharing between the Department of Defense and the defense
industrial base related to cybersecurity.
Our defense industrial base faces increasing threats from our
adversaries, including Russia and China. The loss of research and
information to cybersecurity hacks is putting our Defense Department's
investments at risk and eroding the warfighting advantage the United
States maintains over our adversaries.
In June 2018, The Washington Post reported that a contractor working
with the Navy on a supersonic anti-ship missile was hacked by the
Chinese Government.
In December 2018, a Defense Department Office of Inspector General
audit found that the Army, Navy, and Missile Defense Agency were
failing to take basic cybersecurity steps to ensure that information on
America's ballistic missile defense system won't fall into the hands of
our adversaries.
{time} 2015
I commend the work that the Department has already undertaken to
address this need, but more must be done.
The Department of Defense must play an active role in identifying
current threats and helping to fortify the cybersecurity of our defense
industrial base, which includes many small and medium-sized businesses,
as well as academic institutions.
This amendment asks the Secretary of Defense to include a section
within an existing report that examines the current level of threat
sharing between the Department and the industrial base.
Madam Chair, I thank the committee for allowing this amendment to be
included in the en bloc, and ask the committee's indulgence in support
of the amendment. I thank the chairman, again, for his willingness to
allow me to speak on behalf of the amendment.
Mr. THORNBERRY. Madam Chair, I have no further speakers at this
point, and I yield back the balance of my time.
Ms. KENDRA S. HORN of Oklahoma. Madam Chairwoman, I encourage my
colleagues to support the en bloc package, as well as the NDAA upon
final passage, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Oklahoma (Ms. Kendra S. Horn).
The en bloc amendments were agreed to.
Amendments En Bloc No. 13 Offered by Ms. Kendra S. Horn of Oklahoma
Ms. KENDRA S. HORN of Oklahoma. Madam Chair, pursuant to House
Resolution 476, I rise to offer amendments en bloc No. 13 as the
designee of the gentleman from Washington (Mr. Smith).
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 13 consisting of amendment Nos. 317, 318, 319,
320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333,
334, 335, 336, 337, 338, 339, 340, 341, and 342 printed in part B of
House Report 116-143, offered by Ms. Kendra S. Horn of Oklahoma:
amendment no. 317 offered by ms. plaskett of virgin islands
At the end of subtitle A of title VI, add the following:
SEC. 606. REPORT REGARDING TRANSITION FROM OVERSEAS HOUSING
ALLOWANCE TO BASIC ALLOWANCE FOR HOUSING FOR
SERVICEMEMBERS IN THE TERRITORIES.
Not later than February 1, 2020, the Secretary of Defense
shall submit a report to the congressional defense committees
regarding the recommendation of the Secretary whether members
of the uniformed services located in the territories of the
United States and who receive the overseas housing allowance
should instead receive the basic allowance for housing to
ensure the most appropriate housing compensation for such
members and their families.
amendment no. 318 offered by mr. price of north carolina
At the end of subtitle C of title XII, add the following:
SEC. _. REPORT ON THE STATUS OF DECONFLICTION CHANNELS WITH
IRAN.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the President shall submit to Congress
a report on the status of deconfliction channels with Iran.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following: --
(1) The status of United States military-to-military
deconfliction channels with Iran to prevent military and
diplomatic miscalculation.
(2) The status of United States diplomatic deconfliction
channels with Iran to prevent miscalculation, define
ambiguities, and correct misunderstandings that could
otherwise lead to unintended consequences, including
unnecessary or harmful military activity.
(3) An analysis of the need and rationale for bilateral and
multilateral deconfliction channels, including an assessment
of recent United States experience with such channels of
communication with Iran.
amendment no. 319 offered by ms. porter of california
At the end of subtitle B of title XXVIII, add the following
new section:
SEC. 28__. INVESTIGATION OF REPORTS OF REPRISALS RELATING TO
PRIVATIZED MILITARY HOUSING AND TREATMENT AS
MATERIAL BREACH.
Section 2885 of title 10, United States Code, is amended by
inserting after subsection (g), as added by section 2819, the
following new subsection:
``(h) Investigation of Reports of Reprisals; Treatment as
Material Breach.--(1) The Assistant Secretary of Defense for
Sustainment shall investigate all reports of reprisal against
a member of the armed forces for reporting an issue relating
to a housing unit under this subchapter.
``(2) If the Assistant Secretary of Defense for Sustainment
determines under paragraph (1) that a landlord has retaliated
against a member of the armed forces for reporting an issue
relating to a housing unit under this subchapter, the
Assistant Secretary shall--
``(A) provide initial notice to the Committees on Armed
Services of the Senate and the House of Representatives as
soon as practicable; and
``(B) following the initial notice under subparagraph (A),
provide an update to such committees every 30 days thereafter
until such time as the Assistant Secretary has taken final
action with respect to the retaliation.
``(3) The Assistant Secretary of Defense for Sustainment
shall carry out this subsection in coordination with the
Secretary of the military department concerned.''.
amendment no. 320 offered by ms. porter of california
At the end of subtitle C of title II, add the following new
section:
SEC. __. REQUIREMENT FOR ANNUAL REPORT SUMMARIZING THE
OPERATIONAL TEST AND EVALUATION ACTIVITIES OF
THE DEPARTMENT OF DEFENSE.
Section 139(h)(2) of title 10, United States Code, is
amended by striking ``, through January 31, 2021''.
amendment no. 321 offered by mr. porter of california
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. INCREASE IN FUNDING FOR ARMY UNIVERSITY RESEARCH
INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201 for Army basic research, University
Research Initiatives, Line 003 (PE 0601103A) is hereby
increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201 for research, development, test, and
evaluation, Army, system development and demonstration,
integrated personnel and pay system-Army (IPPS-A), Line 143
(PE 0605018A), is hereby reduced by $5,000,000.
amendment no. 322 offered by ms. porter of california
At the end of subtitle H of title X, add the following new
section:
SEC. 10__. CREDIT MONITORING.
Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C.
1681c-1(k)) is amended by striking paragraph (4).
amendment no. 323 offered by ms. porter of california
At the end of subtitle B of title VII, add the following
new section:
[[Page H5683]]
SEC. 7__. DEVELOPMENT OF PARTNERSHIPS TO IMPROVE COMBAT
CASUALTY CARE FOR PERSONNEL OF THE ARMED
FORCES.
(a) Partnerships.--
(1) In general.--The Secretary of Defense shall, through
the Joint Trauma Education and Training Directorate
established under section 708 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 1071 note), develop partnerships with civilian
academic medical centers and large metropolitan teaching
hospitals to improve combat casualty care for personnel of
the Armed Forces.
(2) Partnerships with level i trauma centers.--In carrying
out partnerships under paragraph (1), trauma surgeons and
physicians of the Department of Defense shall partner with
level I civilian trauma centers to provide adequate training
and readiness for the next generation of medical providers to
treat critically injured burn patients.
(b) Support of Partnerships.--The Secretary of Defense
shall make every effort to support partnerships under the
Joint Trauma Education and Training Directorate with academic
institutions that have level I civilian trauma centers,
specifically those centers with a burn center, that offer
burn rotations and clinical experience to provide adequate
training and readiness for the next generation of medical
providers to treat critically injured burn patients.
(c) Level I Civilian Trauma Center Defined.--In this
section, the term ``level I civilian trauma center'' has the
meaning given that term in section 708 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 1071 note).
(d) Effective Date.--This section shall take effect on
October 1, 2020.
amendment no. 324 offered by ms. porter of california
Page 291, after line 6, insert the following:
(5) Spouses and other dependents of members of the Armed
Forces on active duty.
amendment no. 325 offered by mr. price of north carolina
At the end of subtitle H of title X, add the following new
section:
SEC. 10__. WORLD LANGUAGE ADVANCEMENT AND READINESS GRANTS.
(a) Findings.--Congress finds the following:
(1) The national security of the United States continues to
depend on language readiness, in particular among the
seventeen agencies of the Intelligence Community.
(2) The levels of language proficiency required for
national security necessitate long sequences of language
training for personnel in the Intelligence Community and the
Department of Defense.
(3) The future national security and economic well-being of
the United States will depend substantially on the ability of
its citizens to communicate and compete by knowing the
languages and cultures of other countries.
(4) The Federal Government has an interest in ensuring that
the employees of its departments and agencies with national
security responsibilities are prepared to meet the challenges
of this changing international environment.
(5) The Federal Government also has an interest in taking
actions to alleviate the problem of American students being
inadequately prepared to meet the challenges posed by
increasing global interaction among nations.
(6) American elementary schools, secondary schools,
colleges, and universities must place a new emphasis on
improving the teaching of foreign languages, area studies,
counterproliferation studies, and other international fields
to help meet those challenges.
(b) Grants Authorized.--
(1) Program authority.--The Secretary of Defense, in
consultation with the Director of National Intelligence and
the Secretary of Education, may carry out a program under
which the Secretary of Defense makes grants, on a competitive
basis, to eligible entities to carry out innovative model
programs providing for the establishment, improvement, or
expansion of world language study for elementary school and
secondary school students.
(2) Duration.--Each grant under this section shall be
awarded for a period of 3 years.
(3) Geographic distribution.--The Secretary of Defense
shall ensure the equitable geographic distribution of grants
under this section.
(4) Matching requirement for local educational agencies.--
(A) In general.--Except as provided in subparagraph (B),
each local educational agency that receives a grant under
this section shall provide, from non-Federal sources, an
amount equal to the amount of the grant (which may be
provided in cash or in kind) to carry out the activities
supported by the grant.
(B) Exception.--The Secretary of Defense may reduce the
matching requirement under subparagraph (A) for any local
educational agency that the Secretary determines does not
have adequate resources to meet such requirement.
(5) Special requirements for local educational agencies.--
In awarding a grant under paragraph (1) to an eligible entity
that is a local educational agency, the Secretary of Defense
shall support programs that--
(A) show the promise of being continued beyond the grant
period;
(B) demonstrate approaches that can be disseminated to and
duplicated in other local educational agencies; and
(C) may include a professional development component.
(6) Allocation of funds.--
(A) Not less than 75 percent of the funds made available to
carry out this section for a fiscal year shall be used for
the expansion of world language learning in elementary
schools.
(B) Not less than 75 percent of the funds made available to
carry out this section for a fiscal year shall be used to
support instruction in world languages determined by the
Secretary of Defense to be critical to the national security
interests of the United States.
(C) The Secretary of Defense may reserve not more than 5
percent of funds made available to carry out this section for
a fiscal year to evaluate the efficacy of programs that
receive grants under paragraph (1).
(7) Applications.--
(A) In general.--To be considered for a grant under
paragraph (1), an eligible entity shall submit an application
to the Secretary of Defense at such time, in such manner, and
containing such information and assurances as the Secretary
may require.
(B) Special consideration.--The Secretary of Defense shall
give special consideration to applications describing
programs that--
(i) include intensive summer world language programs for
professional development of world language teachers;
(ii) link nonnative English speakers in the community with
the schools in order to promote two-way language learning;
(iii) promote the sequential study of a world language for
students, beginning in elementary schools;
(iv) make effective use of technology, such as computer-
assisted instruction, language laboratories, or distance
learning, to promote world language study;
(v) promote innovative activities, such as dual language
immersion, partial world language immersion, or content-based
instruction; and
(vi) are carried out through a consortium comprised of the
eligible entity receiving the grant, an elementary school or
secondary school, and an institution of higher education (as
that term is defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)).
(c) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means
the following:
(A) A local educational agency that hosts a unit of the
Junior Reserve Officers' Training Corps.
(B) A school operated by the Department of Defense
Education Activity.
(2) ESEA terms.--The terms ``elementary school'', ``local
educational agency'' and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) World language.--The term ``world language'' means--
(A) any natural language other than English, including--
(i) languages determined by the Secretary of Defense to be
critical to the national security interests of the United
States;
(ii) classical languages;
(iii) American sign language; and
(iv) Native American languages; and
(B) any language described in subparagraph (A) that is
taught in combination with English as part of a dual language
or immersion learning program.
amendment no. 326 offered by mr. quigley of illinois
At the end of subtitle C of title VII, add the following
new provision:
SEC. 7__. PILOT PROGRAM ON PARTNERSHIPS WITH CIVILIAN
ORGANIZATIONS FOR SPECIALIZED SURGICAL
TRAINING.
(a) In General.--The Secretary of Defense shall carry out a
pilot program to establish one or more partnerships with
public, private, and non-profit organizations and
institutions to provide short-term specialized surgical
training to advance the medical skills and capabilities of
military medical providers.
(b) Duration.--The Secretary may carry out the pilot
program under subsection (a) for a period of not more than
three years.
(c) Evaluation Metrics.--Before commencing the pilot
program under subsection (a), the Secretary shall establish
metrics to be used to evaluate the effectiveness of the pilot
program.
(d) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days before the
commencement of the pilot program under subsection (a), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
pilot program.
(B) Elements.--The report required by subparagraph (A)
shall include a description of the pilot program, the
evaluation metrics established under subsection (c), and such
other matters relating to the pilot program as the Secretary
considers appropriate.
(2) Final report.--
(A) In general.--Not later than 180 days after the
completion of the pilot program under subsection (a), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
pilot program.
[[Page H5684]]
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) A description of the pilot program, including the
partnerships established under the pilot program as described
in subsection (a).
(ii) An assessment of the effectiveness of the pilot
program.
(iii) Such recommendations for legislative or
administrative action as the Secretary considers appropriate
in light of the pilot program, including recommendations for
extending or making permanent the authority for the pilot
program.
(e) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program,
as specified in the corresponding funding table in section
4501, for education and training is hereby increased by
$2,500,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for Defense Health Program,
Operation and Maintenance, Private Sector Care, Office of the
Secretary of Defense, as specified in the corresponding
funding table in section 4501, is hereby reduced by
$2,500,000.
amendment no. 327 offered by mr. ratcliffe of texas
At the end of subtitle E of title XII, add the following:
SEC. _. REPORT ON CYBERSECURITY ACTIVITIES WITH TAIWAN.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the following:
(1) The feasibility of establishing a high-level,
interagency United States-Taiwan working group for
coordinating responses to emerging issues related to
cybersecurity.
(2) A discussion of the Department of Defense's current and
future plans to engage with Taiwan in cybersecurity
activities.
(3) A discussion of obstacles encountered in forming,
executing, or implementing agreements with Taiwan for
cybersecurity activities.
(4) Any other matters the Secretary of Defense determines
should be included.
amendment no. 328 offered by miss rice of new york
At the end of subtitle B of title X, insert the following:
SEC. 10__. ASSESSMENT OF IMPACT OF PROPOSED BORDER WALL ON
VOLUME OF ILLEGAL NARCOTICS.
The Secretary of Defense, in consultation with the
Secretary of Homeland Security, shall conduct an assessment
of the impact that any planned or proposed border wall
construction would have on the volume of illegal narcotics
entering the United States.
At the end of subtitle C of title III, add the following
new section:
SEC. 336. PILOT PROGRAM TO TRAIN SKILLED TECHNICIANS IN
CRITICAL SHIPBUILDING SKILLS.
(a) Establishment.--The Secretary of Defense may carry out
a pilot program to train individuals to become skilled
technicians in critical shipbuilding skills such as welding,
metrology, quality assurance, machining, and additive
manufacturing.
(b) Partnerships.--In carrying out the pilot program
required under this section, the Secretary may partner with
existing Federal or State projects relating to investment and
infrastructure in training and education or workforce
development, such as the National Network for Manufacturing
Innovation, the Industrial Base Analysis and Sustainment
program of the Department of Defense, and the National
Maritime Educational Council.
(c) Termination.--The pilot program required under this
section shall terminate on September 30, 2025.
(d) Briefings.--
(1) Plan briefing.--Not later than February 28, 2020, the
Secretary shall provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives on
the plan, cost estimate, and schedule for the pilot program
required under this section.
(2) Progress briefings.--Not less frequently than annually
during fiscal years 2020 and 2021, the Secretary shall brief
the congressional defense committees on the progress of the
Secretary in carrying out the pilot program.
Amendment No. 330 Offered by Mrs. Roby of Alabama
Page 862, line 25, strike ``and'' at the end.
Page 863, line 2, strike the period at the end and insert
``; and''.
Page 863, after line 2, insert the following:
(H) programs to promote conflict prevention, management,
and resolution through the meaningful participation of Afghan
women in the Afghan National Defense and Security Forces by
exposing Afghan women and girls to the activities of and
careers available with such forces, encouraging their
interest in such careers, or developing their interest and
skills necessary for service in such forces; and
(I) enhancements to the recruitment programs of the Afghan
National Defense and Security Forces through an aggressive
program of advertising and market research targeted at
prospective female recruits for such forces and at those who
may influence prospective female recruits.
Amendment No. 331 Offered by Mr. Ruiz of California
At the end of subtitle B of title III of the bill, add the
following new section:
SEC. 3__. PLAN TO PHASE OUT USE OF BURN PITS.
The Secretary of Defense shall submit to Congress an
implementation plan to phase out the use of the burn pits
identified in the Department of Defense Open Burn Pit Report
to Congress in April 2019.
Amendment No. 332 Offered by Mr. Ruiz of California
At the end of subtitle B of title III of the bill, add the
following new section:
SEC. 3__. INFORMATION RELATING TO LOCATIONS OF BURN PIT USE.
The Secretary of Defense shall provide to the Secretary of
Veterans Affairs and Congress a list of all locations at
which open-air burn pits have been used by Secretary of
Defense, for the purposes of augmenting the research,
healthcare delivery, disability compensation, and other
activities of the Secretary of Veterans Affairs.
Amendment No. 333 Offered by Mr. Ruiz of California
At the end of subtitle C of title VII, add the following
new section:
SEC. 729. REPORT ON RESEARCH AND STUDIES REGARDING HEALTH
EFFECTS OF BURN PITS.
The Secretary of Defense shall submit to the congressional
defense committees and the Committees on Veterans' Affairs of
the House of Representatives and the Senate a detailed report
on the status, methodology, and culmination timeline of all
the research and studies being conducted to assess the health
effects of burn pits.
Amendment No. 334 Offered by Mr. Ruiz of California
At the end of subtitle C of title VII, add the following
new section:
SEC. 729. TRAINING ON HEALTH EFFECTS OF BURN PITS AND OTHER
AIRBORNE HAZARDS.
The Secretary of Defense shall provide mandatory training
to all medical providers of the Department of Defense on the
potential health effects of burn pits and other airborne
hazards (such as PFAS, mold, or depleted uranium) and the
early detection of such health effects.
Amendment No. 335 Offered by Mr. Rutherford of Florida
At the end subtitle G of title V, add the following:
SEC. 567. REPORT REGARDING EFFECTIVENESS OF TRANSITION
ASSISTANCE PROGRAM FOR FEMALE MEMBERS OF THE
ARMED FORCES.
Section 552(b)(4) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by adding at the end the following:
``(E) The evaluation of the Secretary regarding the
effectiveness of the Transition Assistance Program for female
members of the Armed Forces.''.
Amendment No. 336 Offered by Mr. Rutherford of Florida
At the end of subtitle D of title I, add the following new
section:
SEC. 1__. PROCUREMENT AUTHORITY FOR LIGHT ATTACK AIRCRAFT.
(a) Procurement Authority for Combat Air Advisor Support.--
Subject to subsection (b), the Commander of the United States
Special Operations Command may procure light attack aircraft
for Combat Air Advisor mission support.
(b) Certification Required.--The Commander of the United
States Special Operations Command may not procure light
attack aircraft under subsection (a) until a period of 60
days has elapsed following the date on which the Commander
certifies to the congressional defense committees that a
mission capability gap and special-operations-forces-peculiar
acquisition requirement exists which can be mitigated with
procurement of a light attack aircraft capability.
(c) Authority to Use or Transfer Funds Made Available for
Light Attack Aircraft Experiments.--The Secretary of the Air
Force shall use or transfer amounts authorized to be
appropriated by this Act for Light Attack Aircraft
experiments to procure the required quantity of aircraft
for--
(1) Air Combat Command's Air Ground Operations School; and
(2) Air Force Special Operations Command for Combat Air
Advisor mission support in accordance with subsection (a).
Amendment No. 337 Offered by Mr. Sablan of Northern Mariana Islands
Page 125, line 15, strike ``undergraduate'' and insert
``associate, undergraduate,''.
Page 125, line 22, strike ``undergraduate'' and insert
``associate, undergraduate,''.
amendment no. 338 offered by ms. schakowsky of illinois
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. CONGRESSIONAL OVERSIGHT OF PRIVATE SECURITY
CONTRACTOR CONTRACTS.
(a) Report of Certain Contracts and Task Orders.--
(1) Requirement regarding contracts and task orders.--The
Inspector General of the Department of Defense shall compile
a report of the work performed or to be performed under a
covered contract during the period beginning on October 1,
2001, and ending on the last day of the month during which
this Act is enacted for work performed or work to be
performed in areas of contingency operations.
[[Page H5685]]
(2) Form of submissions.--The report required by paragraph
(1) shall be submitted in unclassified form, to the maximum
extent possible, but may contain a classified annex, if
necessary.
(b) Reports on Contracts for Work to Be Performed in Areas
of Contingency Operations and Other Significant Military
Operations.--The Inspector General of the Department of
Defense shall submit to each specified congressional
committee a report not later than 60 days after the date of
the enactment of this Act that contains the following
information:
(1) The number of civilians performing work in areas of
contingency operations under covered contracts.
(2) The total cost of such covered contracts.
(3) The total number of civilians who have been wounded or
killed in performing work under such covered contracts.
(4) A description of the disciplinary actions that have
been taken against persons performing work under such covered
contracts by the contractor, the United States Government, or
the government of any country in which the area of
contingency operations is located.
(c) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means
a contract for private security entered into by the Secretary
of Defense in an amount greater than $5,000,000.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning provided by section 101(a)(13) of
title 10, United States Code.
(3) Specified congressional committees.--The term
``specified congressional committees'' means the Committees
on Armed Services of the Senate and the House of
Representatives.
amendment no. 339 offered by mr. schiff of california
At the end of subtitle H of title X, insert the following:
SEC. 10__. INCLUSION OF CERTAIN NAMES ON THE VIETNAM VETERANS
MEMORIAL.
The Secretary of Defense shall provide for the inclusion on
the Vietnam Veterans Memorial in the District of Columbia the
names of the seventy-four crew members of the USS Frank E.
Evans killed on June 3, 1969.
amendment no. 340 offered by mr. schiff of california
At the end of subtitle D of title X, insert the following:
SEC. 10__. PUBLIC AVAILABILITY OF MILITARY COMMISSION
PROCEEDINGS.
Section 949d(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) In the case of any proceeding of a military
commission under this chapter that is made open to the
public, the military judge may order arrangements for the
availability of the proceeding to be watched remotely by the
public through the internet.''.
amendment no. 341 offered by mr. schneider of illinois
At the end of subtitle F of title VIII, add the following
new section:
SEC. 8__. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is
amended by adding at the end the following new subsection:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this subsection, the
term `covered individual' means--
``(A) a member of the Armed Forces, including the National
Guard or Reserves;
``(B) an individual who is participating in the Transition
Assistance Program established under section 1144 of title
10, United States Code;
``(C) an individual who--
``(i) served on active duty in any branch of the Armed
Forces, including the National Guard or Reserves; and
``(ii) was discharged or released from such service under
conditions other than dishonorable; and
``(D) a spouse or dependent of an individual described in
subparagraph (A), (B), or (C).
``(2) Establishment.--Beginning on the first October 1
after the enactment of this subsection and for the subsequent
4 fiscal years, the Administrator shall carry out a program
to be known as the `Boots to Business Program' to provide
entrepreneurship training to covered individuals.
``(3) Goals.--The goals of the Boots to Business Program
are to--
``(A) provide assistance and in-depth training to covered
individuals interested in business ownership; and
``(B) provide covered individuals with the tools, skills,
and knowledge necessary to identify a business opportunity,
draft a business plan, identify sources of capital, connect
with local resources for small business concerns, and start
up a small business concern.
``(4) Program components.--
``(A) In general.--The Boots to Business Program may
include--
``(i) a presentation providing exposure to the
considerations involved in self-employment and ownership of a
small business concern;
``(ii) an online, self-study course focused on the basic
skills of entrepreneurship, the language of business, and the
considerations involved in self-employment and ownership of a
small business concern;
``(iii) an in-person classroom instruction component
providing an introduction to the foundations of self
employment and ownership of a small business concern; and
``(iv) in-depth training delivered through online
instruction, including an online course that leads to the
creation of a business plan.
``(B) Collaboration.--The Administrator may--
``(i) collaborate with public and private entities to
develop course curricula for the Boots to Business Program;
and
``(ii) modify program components in coordination with
entities participating in a Warriors in Transition program,
as defined in section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).
``(C) Use of resource partners.--
``(i) In general.--The Administrator shall--
``(I) ensure that Veteran Business Outreach Centers
regularly participate, on a nationwide basis, in the Boots to
Business Program; and
``(II) to the maximum extent practicable, use a variety of
other resource partners and entities in administering the
Boots to Business Program.
``(ii) Grant authority.--In carrying out clause (i), the
Administrator may make grants to Veteran Business Outreach
Centers, other resource partners, or other entities to carry
out components of the Boots to Business Program.
``(D) Availability to department of defense.--The
Administrator shall make available to the Secretary of
Defense information regarding the Boots to Business Program,
including all course materials and outreach materials related
to the Boots to Business Program, for inclusion on the
website of the Department of Defense relating to the
Transition Assistance Program, in the Transition Assistance
Program manual, and in other relevant materials available for
distribution from the Secretary of Defense.
``(E) Availability to veterans affairs.--In consultation
with the Secretary of Veterans Affairs, the Administrator
shall make available for distribution and display at local
facilities of the Department of Veterans Affairs outreach
materials regarding the Boots to Business Program which
shall, at a minimum--
``(i) describe the Boots to Business Program and the
services provided; and
``(ii) include eligibility requirements for participating
in the Boots to Business Program.
``(5) Report.--Not later than 180 days after the date of
the enactment of this subsection and every year thereafter,
the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report on
the performance and effectiveness of the Boots to Business
Program, which may be included as part of another report
submitted to such Committees by the Administrator, and which
shall include--
``(A) information regarding grants awarded under paragraph
(4)(C);
``(B) the total cost of the Boots to Business Program;
``(C) the number of program participants using each
component of the Boots to Business Program;
``(D) the completion rates for each component of the Boots
to Business Program;
``(E) to the extent possible--
``(i) the demographics of program participants, to include
gender, age, race, relationship to military, military
occupational specialty, and years of service of program
participants;
``(ii) the number of small business concerns formed or
expanded with assistance under the Boots to Business Program;
``(iii) the gross receipts of small business concerns
receiving assistance under the Boots to Business Program;
``(iv) the number of jobs created with assistance under the
Boots to Business Program;
``(v) the number of referrals to other resources and
programs of the Administration;
``(vi) the number of program participants receiving
financial assistance under loan programs of the
Administration;
``(vii) the type and dollar amount of financial assistance
received by program participants under any loan program of
the Administration; and
``(viii) results of participant satisfaction surveys,
including a summary of any comments received from program
participants;
``(F) an evaluation of the effectiveness of the Boots to
Business Program in each region of the Administration during
the most recent fiscal year;
``(G) an assessment of additional performance outcome
measures for the Boots to Business Program, as identified by
the Administrator;
``(H) any recommendations of the Administrator for
improvement of the Boots to Business Program, which may
include expansion of the types of individuals who are covered
individuals;
``(I) an explanation of how the Boots to Business Program
has been integrated with other transition programs and
related resources of the Administration and other Federal
agencies; and
``(J) any additional information the Administrator
determines necessary.''.
amendment no. 342 offered by mr. schrader of oregon
Add at the end of subtitle A of title VI the following new
section (and update the table of contents accordingly):
[[Page H5686]]
SEC. 606. EXEMPTION FROM REPAYMENT OF VOLUNTARY SEPARATION
PAY.
Section 1175a(j) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2), (3), and (4)'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) This subsection shall not apply to a member who--
``(A) is involuntarily recalled to active duty or full-time
National Guard duty; and
``(B) in the course of such duty, incurs a service-
connected disability rated as total under section 1155 of
title 38.''.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from Oklahoma (Ms. Kendra S. Horn) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentlewoman from Oklahoma.
Ms. KENDRA S. HORN of Oklahoma. Madam Chair, I currently have no
speakers, and I reserve the balance of my time.
Mr. THORNBERRY. Madam Chair, I have no speakers, and I yield back the
balance of my time.
Ms. KENDRA S. HORN of Oklahoma. Madam Chairwoman, I encourage my
colleagues to support the en bloc package, as well as the NDAA upon
final passage, and I yield back the balance of my time.
Mr. SABLAN. Madam Chair, my amendment No. 337, which is included in
the en bloc amendment No. 13, clarifies that students holding or
expecting to receive their associate degree can apply for the
Technology and National Security Fellowship.
Section 239 of H.R. 2500 creates a new Technology and National
Security Fellowship program to help increase science, technology,
engineering and math recruitment in our national security agencies.
Those holding or expecting to receive undergraduate and graduate
degrees may apply to be placed in national security-focused positions
for one-year tours with pay.
In support expanding this kind of opportunity for young people to
serve their country.
But why exclude otherwise qualified applicants simply because they
are enrolled in an associate degree program at a community college?
Over a third of students nationwide and over half of part-time students
are in two-year colleges, according to the National Center for
Education Statistics. In many parts of our country, including my
district in the Northern Marianas, community college is the only option
for students pursuing higher education. Other Defense Department
programs for civilian students, such as the Science, Mathematics and
Research for Transformation scholarship program, are already open to
applicants from community college students. Let us include these
students, too, as long as they meet program standards, and expand the
selection pool of those who may serve as Technology and National
Security Fellows.
I urge the adoption of my amendment, so we can be sure that the
Technology and National Security Fellowship program is open to as many
qualified students as possible, regardless of what type of college they
happen to enroll in.
I ask my colleagues to support the en bloc amendment No. 13.
I would like to also express support for the following amendments to
H.R. 2500 I cosponsored.
Amendment No. 390 offered by Representative Velazquez of New York
extends to all U.S. territories, including the Northern Mariana
Islands, a provision in law that allows federal agencies to double the
value of a contract awarded to a Puerto Rico business for purposes of
the small business contracting goals. The amendment ensures equity and
further incentivize contracting opportunities for small businesses in
all the territories.
Amendment No. 182 offered by Representative Hastings of Florida
conveys the sense of Congress that the United States should promptly
begin negotiations on the renewal of the Compacts of Free Association
with our trusted allies in the Pacific--the freely associated states of
the Republic of the Marshall Islands, the Republic of Palau, and the
Federated States of Micronesia.
We understand the strategic importance of these Pacific island
nations that provide the U.S. exclusive military use rights covering
huge swaths of land and waters in the Western Pacific. And we know what
is at stake for American interests and security with growing foreign
influence in the region.
The compacts will expire in a few short years. To keep America strong
in the Pacific, we must move towards expeditious negotiations on
renewing the compacts with our close allies so that Congress may act on
approving and funding the agreements.
Amendment No. 249 offered by Representative Lee of Nevada aims to
improve benefits and services to veterans through better accountability
measures and coordination between the Departments of Defense (DOD) and
Veterans Affairs (VA). The amendment clarifies the purpose of the
interagency program office (IPO) while also directing both departments
to allocate sufficient resources and authorities for the IPO. Requires
annual reports on IPO activities and quarterly reports on VA and DOD
funding to the IPO.
Amendment No. 63 offered by Representative Banks of Indiana helps
ensure smooth implementation of electronic health records (EHR) for
servicemembers and veterans by requiring the Department of Defense,
Coast Guard, and the Department of Veterans Affairs jointly develop a
comprehensive enterprise interoperability strategy.
Amendment No. 236 offered by Representative Lamb of Pennsylvania also
helps ensure smooth implementation of the EHR for servicemembers and
veterans by setting milestones for achieving interoperability of the
EHR. The amendment further requires DOD and VA to work with an
independent evaluator to assess and report to Congress on whether the
joint EHR is achieving those milestones.
I urge my colleagues to support these amendments.
Mr. RATCLIFFE. Madam Chair, the United States' relationship with
Taiwan is an indispensable component in our efforts to maintain peace
and stability in Asia and across the globe.
And in today's digital age, this relationship should include a strong
and robust partnership on cybersecurity.
Over the past few years, China has clearly demonstrated its
capability and willingness to conduct cyber-attacks against our
country, such as the state-sponsored economic espionage that led to the
indictment of Beijing-linked hackers last year.
On top of implementing strict retaliatory measures to deter this
malicious behavior, we should work proactively with our allies to
establish preventative defense plans that leverage cybersecurity
sharing strategies.
Taiwan is uniquely positioned to partner with us on our efforts to
combat Chinese cyber-attacks, and this amendment will help us move
closer to enhancing our collaboration in this space so that we stay
ahead of our adversaries.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Oklahoma (Ms. Kendra S. Horn).
The en bloc amendments were agreed to.
Amendments En Bloc No. 14 Offered by Ms. Kendra S. Horn of Oklahoma
Ms. KENDRA S. HORN of Oklahoma. Madam Chair, pursuant to House
Resolution 476, I rise to offer amendments en bloc No. 14 as the
designee of the gentleman from Washington (Mr. Smith).
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 14 consisting of amendment Nos. 343, 344, 345,
346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359,
360, 361, 362, 363, 364, 365, 366, 367, and 417 printed in part B of
House Report 116-143, offered by Ms. Kendra S. Horn of Oklahoma:
Amendment No. 343 Offered by Mr. Schrader of Oregon
At the end of subtitle G of title V, add the following:
SEC. __. NOTICE TO SEPARATING SERVICEMEMBERS OF RIGHTS UNDER
THE SERVICEMEMBERS CIVIL RELIEF ACT.
Section 105 of the Servicemembers Civil Relief Act (50
U.S.C. 3915) is amended--
(1) by inserting ``(a) Initial Notice.--'' before ``The
Secretary concerned''; and
(2) by adding at the end the following new subsection:
``(b) Notice After Period of Military Service.--The
Secretary concerned shall ensure that a notice described in
subsection (a) is provided in writing to each person not
sooner than 150 days after and not later than 180 days after
the date of the termination of a period of military service
of that person.''.
Amendment No. 344 Offered by Mr. Schrader of Oregon
At the end of subtitle G of title X, insert the following:
SEC. 10__. PUBLIC AVAILABILITY OF CHIEF MANAGEMENT OFFICE
ANNUAL BUDGET REPORTS.
Section 132a(c)(1)(B) of title 10, United States Code, is
amended--
(1) by striking ``The Chief Management Officer'' and
inserting ``(i) The Chief Management Officer''; and
(2) by adding at the end the following new clause:
``(ii) Each report required under clause (i) shall be made
publicly available on an internet website in a searchable
format.''.
Amendment No. 345 Offered by Ms. Schrier Offered by of Washington
At the end of subtitle C of title X, insert the following:
[[Page H5687]]
SEC. 10__. USE OF COMPETITIVE PROCEDURES FOR CVN-80 AND CVN-
81 DUAL AIRCRAFT CARRIER CONTRACT.
To the extent practicable and unless otherwise required by
law, the Secretary of the Navy shall ensure that competitive
procedures are used with respect to any task order or
delivery order issued under a dual aircraft carrier contract
relating to the CVN-80 and CVN-81.
Amendment No. 346 Offered by Mr. Austin Scott of Georgia
At the end of subtitle A of title V, add the following:
SEC. 505. FUNCTIONAL BADGE OR INSIGNIA UPON COMMISSION FOR
CHAPLAINS.
A military chaplain shall receive a functional badge or
insignia upon commission.
Amendment No. 347 Offered by Mr. Scott of Virginia
At the end of subtitle G of title X, add the following:
SEC. 1075. REPORT REGARDING OUTSTANDING GAO RECOMMENDATIONS.
Not later than September 30, 2020, the Secretary of Defense
shall submit a report to Congress regarding--
(1) each of the 91 priority recommendations of the
Comptroller General regarding matters of Department of
Defense in report GAO-19-366SP, dated March 2019, that the
Secretary has not implemented by that date;
(2) an explanation for why the Secretary has not
implemented such recommendations;
(3) if a reason under paragraph (2) is funding, the
estimated cost for such implementation.
Amendment No. 348 Offered by Ms. Shalala of Florida
At the end of subtitle C of title I, add the following new
section:
SEC. 1__. OPEN SKIES TREATY AIRCRAFT RECAPITALIZATION
PROGRAM.
(a) In General.--The Secretary of the Air Force shall
ensure that any Request for Proposals for the procurement of
an OC-135B aircraft under the Open Skies Treaty aircraft
recapitalization program meets the requirements for full and
open competition as set forth in section 2304 of title 10,
United States Code, and incorporates a full competitive
bidding process, to include both new production aircraft and
recently manufactured low-hour, low-cycle aircraft
(b) Open Skies Treaty Defined.--The term ``Open Skies
Treaty'' means the Treaty on Open Skies, done at Helsinki
March 24, 1992, and entered into force January 1, 2002.
Amendment No. 349 Offered by Mr. Sherman of California
At the end of subtitle E of title XII, add the following:
SEC. _. SENSE OF CONGRESS ON UNITED STATES-INDIA DEFENSE
RELATIONSHIP.
It is the sense of Congress that the United States should
strengthen and enhance its major defense partnership with
India and work toward the following mutual security and
diplomatic objectives:
(1) Expanding engagement in multilateral frameworks,
including the quadrilateral dialogue among the United States,
India, Japan, and Australia, to promote regional security and
defend shared values and common interests in the rules-based
order.
(2) Increasing the frequency and scope of exchanges between
senior civilian officials and military officers of the United
States and India to support the development and
implementation of the major defense partnership.
(3) Exploring additional steps to implement the major
defense partner designation to better facilitate
interoperability, information sharing, and appropriate
technology transfers.
(4) Pursuing strategic initiatives to help develop the
defense capabilities of India.
(5) Conducting additional combined exercises with India in
the Persian Gulf, Indian Ocean, and western Pacific regions.
(6) Furthering cooperative efforts to promote stability and
security in Afghanistan.
SEC. _. UNITED STATES-INDIA DEFENSE COOPERATION IN THE
WESTERN INDIAN OCEAN.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the relevant congressional committees a report on
defense cooperation between the United States and India in
the Western Indian Ocean.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) A description of military activities of the United
States and India, separately, in the Western Indian Ocean.
(B) A description of military cooperation activities
between the United States and India in the areas of
humanitarian assistance, counterterrorism, counter piracy,
maritime security, and other areas as the Secretary
determines appropriate.
(C) A description of how the relevant geographic combatant
commands coordinate their activities with the Indian military
in the Western Indian Ocean.
(D) A description of the mechanisms in place to ensure the
relevant geographic combatant commands maximize defense
cooperation with India in the Western Indian Ocean.
(E) A description of how the major defense partnership with
India will be utilized to enhance cooperation with India in
the Western Indian Ocean.
(F) Areas of future opportunity to increase military
engagement with India in the Western Indian Ocean.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Definitions.--In this section:
(1) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
(2) Relevant geographic combatant commands.--The term
``relevant geographic combatant commands'' means the United
States Indo-Pacific Command, United States Central Command,
and United States Africa Command.
(3) Western indian ocean.--The term ``Western Indian
Ocean'' means the area in the Indian Ocean extending from the
west coast of India to the east coast of Africa.
Amendment No. 350 Offered by Ms. Sherrill of New Jersey
At the end of subtitle H of title X, insert the following:
SEC. 10__. SENSE OF CONGRESS REGARDING ARMY CONTRACTING
COMMAND-NEW JERSEY.
It is the Sense of Congress that--
(1) Army Contracting Command-New Jersey (referred to in
this section as ``ACC-NJ'') plays a vital role in planning,
directing, controlling, managing, and executing the full
spectrum of contracting, acquisition support, and business
advisory services that support major weapons, armaments,
ammunition systems, information technology. and enterprise
systems for the Army and other Department of Defense
customers;
(2) ACC-NJ has unique expertise executing grants,
cooperative agreements, and other transaction agreements
central to the work at Picatinny Arsenal; and
(3) the workforce of ACC-NJ has the unmatched experience
and expertise to support innovative and rapid contracting
necessary to accelerate acquisition and enhance readiness for
a modernizing the United States Armed Forces.
Amendment No. 351 Offered by Mr. Shimkus of Illinois
At the appropriate place in subtitle F of title XII, insert
the following:
SEC. 12__. EXTENSION AND MODIFICATION OF SECURITY ASSISTANCE
FOR BALTIC COUNTRIES FOR JOINT PROGRAM FOR
INTEROPERABILITY AND DETERRENCE AGAINST
AGGRESSION.
(a) Additional Major Defense Articles and Services.--
Subsection (c) of section 1279D of the National Defense
Authorization Act for Fiscal Year 2018 (22 U.S.C. 2753 note)
is amended--
(1) in the matter preceding paragraph (1), by inserting
``major'' before ``defense articles and services'';
(2) in paragraph (5), by inserting ``major'' before
``defense articles and services'';
(3) by redesignating paragraph (5), as so amended, as
paragraph (6); and
(4) by inserting after paragraph (4) the following new
paragraph:
``(5) Intelligence, surveillance, and reconnaissance
equipment.''.
(b) Funding.--Subsection (f) of such section 1279D is
amended--
(1) in paragraph (2), by striking ``$100,000,000'' and
inserting ``$125,000,000''; and
(2) by adding at the end the following new paragraph:
``(3) Matching amount.--The amount of assistance provided
under subsection (a) for procurement described in subsection
(b) may not exceed the aggregate amount contributed to such
procurement by the Baltic nations.''.
(c) Extension.--Subsection (g) of such section 1279D is
amended by striking ``December 31, 2020'' and inserting
``December 31, 2021''.
(d) Conforming Amendment.--Subsection (b) of such section
1279D is amended by inserting ``major'' before ``defense
articles and services'' each place it appears.
(e) Report on Use of Funding Authority.--Not later than
January 1, 2021, the Secretary of Defense shall submit to the
congressional defense committees a report that includes the
following:
(1) Whether the authority to provide assistance pursuant to
section 1279D was used in the previous calendar year.
(2) A description of the manner in which funds made
available for assistance through such authority, if any, were
used during such year.
(3) Whether alternative sources of funding exist to provide
the assistance described in section 1279D.
(4) Whether any alternative authorities exist under which
the Secretary can provide such assistance.
amendment no. 352 offered by mr. smith of washington
At the end of subtitle B of title XXXI, add the following
new section:
SEC. 3121. CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN
WHISTLEBLOWER PROTECTIONS.
(a) In General.--Section 234A of the Atomic Energy Act of
1954 (42 U.S.C. 2282a) is amended--
(1) in the heading, by inserting ``and whistleblower''
after ``safety'';
(2) in subsection a.--
(A) by inserting ``, or who violates any applicable rule,
regulation or order related to
[[Page H5688]]
whistleblower protections,'' before ``shall be subject to a
civil penalty''; and
(B) by adding at the end the following new sentence: ``The
Secretary of Energy may carry out this section with respect
to the National Nuclear Security Administration by acting
through the Administrator for Nuclear Security.''; and
(3) by adding at the end the following new subsection:
``e. In this section, the term `whistleblower protections'
means the protections for contractors from reprisals pursuant
to section 4712 of title 41, United States Code, section 211
of the Energy Reorganization Act of 1974 (42 U.S.C. 5851), or
other provisions of Federal law affording such
protections.''.
amendment no. 353 offered by mr. smith of washington
At the end of subtitle B of title XXXI, add the following
new section:
SEC. 3121. LIMITATION RELATING TO RECLASSIFICATION OF HIGH-
LEVEL WASTE.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for the Department of Energy may be
obligated or expended by the Secretary of Energy to apply the
interpretation of high-level radioactive waste described in
the notice published by the Secretary titled ``Supplemental
Notice Concerning U.S. Department of Energy Interpretation of
High-Level Radioactive Waste'' (84 Fed. Reg. 26835), or
successor notice, with respect to such waste located in the
State of Washington.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed as an affirmation of the interpretation of high-
level radioactive waste of the Secretary of Energy described
in such subsection.
amendment no. 354 offered by mr. smith of new jersey
At the end of subtitle G of title V, add the following new
section:
SEC. 567. PILOT PROGRAM REGARDING ONLINE APPLICATION FOR THE
TRANSITION ASSISTANCE PROGRAM.
(a) Establishment.--The Secretary of Defense, the Secretary
of Veterans Affairs, and the Secretary of Labor should
jointly carry out a pilot program that creates a one-stop
source for online applications for the purposes of assisting
members of the Armed Forces and Veterans participating in the
Transition Assistance Program (in this section referred to as
``TAP'').
(b) Data Sources.--The online application shall, in part,
aggregate existing data from government resources and private
sector under one uniform resource locator for the purpose of
assisting members of the Armed Forces and veterans
participating in TAP.
(c) Elements for Veterans and Members of the Armed
Forces.--
(1) The online application shall be available as a mobile
online application available on multiple devices (including
smartphones and tablets), with responsive design, updated no
less than once per year, and downloadable from the two online
application stores most commonly used in the United States.
(2) The version of the online application accessible
through a desktop or laptop computer shall be compatible with
the most current versions of popular web browsers identified
by the Secretaries.
(3) The online application shall by accessible to
individuals with disabilities in accordance with section 508
of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
(4) The online application shall generate, for each
individual who uses the online application, a personalized
transition data dashboard that includes the following
information with regards to the location in which the
individual resides or intends to reside after separation from
the Armed Forces:
(A) A current list of employment opportunities collected
from employers.
(B) A current list of educational institutions.
(C) A current list of facilities of the Department of
Veterans Affairs.
(D) A current list of local veterans service organizations.
(5) The dashboard under paragraph (4) shall include a list
of benefits for which an individual as a veteran or separated
member of the Armed Forces is eligible under the laws
administered by the Secretaries, including educational
assistance benefits.
(6) The dashboard under paragraph (4) shall keep track of
the time remaining before the expiration of the following:
(A) Any civilian career certification waiver based on the
military occupational specialty of the individual.
(B) Any active security clearance of the individual.
(7) The online application shall, to the extent
practicable, match all current military occupational
specialties, cross-referenced by grade, to current industries
and jobs.
(8) The online application shall permit an individual to
search jobs described in paragraph (4)(A) that match jobs
described in paragraph (7).
(9) The online application shall alert individuals of new
job opportunities relevant to the individual, based on
military occupational specialty, interest, and search
criteria used by the individual under paragraph (8).
(10) The online application shall permit an individual to
maintain a history of job searches and submitted job
applications.
(11) The online application shall include a resume
generator that is compliant with industry-standard applicant
tracking systems.
(12) The online application shall provide for career
training through the use of learning management software,
including training courses with a minimum of 100 soft skills
and business courses.
(13) The online application shall include a career
mentorship system, allowing individuals to communicate
through text, chat, video calling, and email, with mentors
who can use the online application to track the jobs mentees
have applied for, the training mentees have undertaken, and
any other appropriate mentorship matters.
(c) Elements for Employers.--
(1) The online application shall include a mechanism (to be
known as a ``military skills translator'') with which
employers may identify military occupational specialties that
align with jobs offered by the employers.
(2) The online application shall include a mechanism with
which employers may search for individuals seeking
employment, based criteria including military occupational
specialty, grade, education, civilian career category, and
location.
(3) The online application shall provide online training
for employers regarding what military occupational
specialties relate to what jobs.
(d) Additional Requirements.--
(1) Cybersecurity.--To ensure the information of
individuals and employers is protected from breaches, the
Secretaries shall implement cybersecurity measures for the
online application. These measures shall include the
following:
(A) A security certificate produced by the online
application that is updated each year of the pilot program.
(B) The online application shall be hosted by a provider
the Secretaries determine to be secure and reputable.
(C) Ensuring that the online application has a live
development team of dedicated engineers to address immediate
concerns. No more than half of such team may be based outside
the United States.
(D) Regular scans of the online application, host, and
server for vulnerabilities.
(E) The system must not have had a security breach within
the last 3 years.
(2) System stability.--To ensure system stability and
continuity, all elements of the online application must pass
testing no less than 1 year before the online application is
made available for use by individuals and employers.
(3) Prior providers barred.--No entity that applies to
become the provider of the online application may have served
as a contractor providing database management for TAP during
the 5 years preceding such online application.
(e) Assessments.--
(1) Interim assessments.--Not later than the dates that are
one and two years after the date of the commencement of the
pilot program, the Secretaries shall jointly assess the pilot
program.
(2) Final assessment.--Not later than the date that is
three years after the date of the commencement of the pilot
program, the Secretaries shall jointly carry out a final
assessment of the pilot program.
(3) Purpose.--The general objective of each assessment
under this subsection shall be to determine if the online
application under the pilot program assists participants in
TAP accomplish the goals of TAP, accounting for the
individual profiles of participants, including military
experience and geographic location.
(4) Elements.--Each assessment shall include the following:
(A) The aggregate number of profiles created on the online
application since the commencement of the pilot program.
(B) Demographic information on individuals who use the
online application.
(C) The average amount time individuals, employers, and
community-based services providers, use the online
application each month, since the commencement of the pilot
program.
(D) A ranking of most frequently-used features of the
online application.
(E) A satisfaction survey of individuals who use the online
application during the periods of 30 days and 180 days after
separation from the Armed Forces.
(F) A report regarding the attendance of members of the
Armed Forces at online and in-person TAP classes.
(f) Report.--Not later than six months after completing the
final assessment under subsection (e)(2), the Secretaries
shall submit a report to Congress on its findings regarding
the pilot program, including recommendations for legislation.
amendment no. 355 offered by mr. smith of new jersey
At the end of subtitle H of title X, add the following:
SEC. __. REVIEW AND REPORT ON EXPERIMENTATION WITH TICKS AND
INSECTS.
(a) Review.--The Inspector General of the Department of
Defense shall conduct a review of whether the Department of
Defense experimented with ticks and other insects regarding
use as a biological weapon between the years of 1950 and
1975.
(b) Report.--If the Inspector General finds that any
experiment described under subsection (a) occurred, the
Inspector General shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a
report on--
(1) the scope of such experiment; and
(2) whether any ticks or insects used in such experiment
were released outside of any laboratory by accident or
experiment design.
[[Page H5689]]
amendment no. 356 offered by mr. smith of new jersey
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. GAO REPORT ON CONTRACTING PRACTICES OF THE CORPS OF
ENGINEERS.
(a) Study Required.--The Comptroller General of the United
States shall conduct a study on the contracting practices of
the Corps of Engineers, with a specific focus on how the
Corps of Engineers complies with and enforces the requirement
to pay prevailing wages on federally financed construction
jobs, as required by subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the Davis-Bacon
Act). The study shall consider the following:
(1) Any programs or protocols the Corps of Engineers has in
place for the purpose of carrying out its Davis-Bacon Act
enforcement obligations as set forth in the Federal
Acquisition Regulation.
(2) Any programs or protocols the Corps of Engineers has in
place for the purpose of identifying and addressing
independent contractor misclassification on projects subject
to the Davis-Bacon Act.
(3) The frequency with which the Corps of Engineers
conducts site visits on each covered project to monitor
Davis-Bacon Act compliance.
(4) The frequency with which the Corps of Engineers
monitors certified payroll reports submitted by contractors
and subcontractors on each covered project.
(5) Whether the Corps of Engineers accepts and investigates
complaints of Davis-Bacon Act violations submitted by third
parties, such as contractors and workers' rights
organizations.
(6) Whether the Corps of Engineers maintains a database
listing all contractors and subcontractors who have, in one
way or another, violated the Davis-Bacon Act and whether the
Corps consults this database as part of its contract award
process.
(7) The frequency, over the last five years, with which the
Corps of Engineers penalized, disqualified, terminated, or
moved for debarment of a contractor for Davis-Bacon
violations.
(8) How the Corps of Engineers verifies that the
contractors it hires for its projects are properly licensed.
(b) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Education and
Labor, the Committee on Armed Services, and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions, the Committee on Armed Services, and the
Committee on Commerce, Science, and Transportation of the
Senate a report that summarizes the results of the study
required under subsection (a), together with any
recommendations for legislative or regulatory action that
would improve the efforts of enforcing the requirement to pay
prevailing wages on federally financed construction jobs.
amendment no. 357 offered by mr. soto of florida
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. FUNDING FOR ANTI-TAMPER HETEROGENOUS INTEGRATED
MICROELECTRONICS.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Defense-wide, advanced technology development,
defense-wide manufacturing science and technology program,
line 047 (PE 0603680D8Z) is hereby increased by $5,000,000
(with the amount of such increase to be made available for
anti-tamper heterogeneous integrated microelectronics).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in
the corresponding funding table in section 4101, for other
procurement, Army, elect equip-automation, general fund
enterprise business systems fam, line 114 is hereby reduced
by $5,000,000.
amendment no. 358 offered by mr. soto of florida
Add at the end of subtitle B of title II the following:
SEC. 241 TRUSTED SUPPLY CHAIN AND OPERATIONAL SECURITY
STANDARDS FOR MICROELECTRONICS.
(a) Trusted Supply Chain and Operational Security
Standards.--
(1) Standards required.--Not later than January 1, 2021,
the Secretary shall establish trusted supply chain and
operational security standards for the purchase of
microelectronics products and services by the Department.
(2) Consultation required.--In developing standards under
paragraph (1), the Secretary shall consult with the
following:
(A) The Secretary of Homeland Security, the Secretary of
State, the Secretary of Commerce, and the Director of the
National Institute of Standards and Technology.
(B) Suppliers of microelectronics products and services
from the United States and allies and partners of the United
States.
(C) Representatives of major United States industry sectors
that rely on a trusted supply chain and the operational
security of microelectronics products and services.
(D) Representatives of the United States insurance
industry.
(3) Tiers of trust and security authorized.--In carrying
out paragraph (1), the Secretary may establish tiers of trust
and security within the supply chain and operational security
standards for microelectronics products and services.
(4) General applicability.--The standards established
pursuant to paragraph (1) shall be, to the greatest extent
practicable, generally applicable to the trusted supply chain
and operational security needs and use cases of the United
States Government and commercial industry, such that the
standards could be widely adopted by government and
commercial industry.
(5) Annual review.--Not later than October 1 of each year,
the Secretary shall review the standards established pursuant
to paragraph (1) and issue updates or modifications as the
Secretary considers necessary or appropriate.
(b) Ensuring Ability to Sell Commercially.--
(1) In general.--The Secretary shall, to the greatest
extent practicable, ensure that suppliers of microelectronics
products for the Federal Government who meet the standards
established under subsection (a) are able and incentivized to
sell products commercially that are produced on the same
production lines as the microelectronics products supplied to
the Federal Government.
(2) Effect of requirement and acquisitions.--The Secretary
shall, to the greatest extent practicable, ensure that the
requirements of the Department and the acquisition by the
Department of microelectronics enable the success of a dual-
use microelectronics industry.
(c) Maintaining Competition and Innovation.--The Secretary
shall take such actions as the Secretary considers necessary
and appropriate, within the Secretary's authorized activities
to maintain the health of the defense industrial base, to
ensure that--
(1) providers of microelectronics products and services
that meet the standards established under subsection (a) are
exposed to competitive market pressures to achieve
competitive pricing and sustained innovation; and
(2) the industrial base of microelectronics products and
services that meet the standards established under subsection
(a) includes providers producing in or belonging to countries
that are allies or partners of the United States.
amendment no. 359 offered by mr. soto of florida
At the end of subtitle C of title VII, add the following
new section:
SEC. 7___. REPORT ON OPERATIONAL MEDICAL AND DENTAL PERSONNEL
REQUIREMENTS.
Not later than January 1, 2021, the Secretary of Defense
shall submit to the congressional defense committees a report
containing a discussion of the following:
(1) Methods--
(A) to establish joint planning assumptions for the
development of operational medical and dental personnel,
including establishing a definition of which personnel may be
identified as ``operational'';
(B) to assess options to achieve joint efficiencies in
medical and dental personnel requirements, including any
associated risks;
(C) to apply joint planning assumptions and assess
efficiencies and risks, for the purpose of determining
operational medical and dental requirements;
(D) to identify and mitigate limitations in the clinical
readiness metric, such as data reliability, information on
reserve component providers and patient care workload
performed outside of military medical treatment facilities
established under section 1073d of title 10, United States
Code, and the linkage between such metric and patient care
and retention outcomes; and
(E) to determine which critical wartime specialties perform
high-risk, high-acuity procedures and rely on perishable
skill sets, for the purpose of prioritizing such specialities
to which the clinical readiness metric may be expanded.
(2) Estimates of the costs and benefits relating to--
(A) providing additional training for medical personnel to
achieve clinical readiness thresholds; and
(B) hiring additional civilian personnel in military
medical treatment facilities to backfill medical providers of
the Department of Defense who attend such training.
amendment no. 360 offered by mr. soto of florida
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. BRIEFING ON USE OF BLOCKCHAIN TECHNOLOGY FOR
DEFENSE PURPOSES.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Research and Engineering shall provide to the
congressional defense committees a briefing on the potential
use of distributed ledger technology for defense purposes.
(b) Elements.--The briefing under subsection (a) shall
include the following:
(1) An explanation of how distributed ledger technology may
be used by the Department of Defense to--
(A) improve cybersecurity, beginning at the hardware level,
of vulnerable assets such
[[Page H5690]]
as energy, water and transport grids, through distributed
versus centralized computing;
(B) reduce single points of failure in emergency and
catastrophe decision-making by subjecting the decision to
consensus validation through distributed ledger technologies;
(C) improve the efficiency of defense logistics and supply
chain operations;
(D) enhance the transparency of procurement auditing; and
(E) allow innovations to be adapted by the private sector
for ancillary uses.
(2) Such other information as the Under Secretary of
Defense for Research and Engineering determines to be
appropriate.
amendment no. 361 offered by ms. spanberger of virginia
Page 836, line 22, strike ``and'' at the end.
Page 836, strike lines 23 through 25 and insert the
following:
(3) in subsection (a)(2), by striking ``during the period''
and all that follows to the end and inserting ``from the
preceding year, including--
``(A) a list of all foreign forces, irregular forces,
groups, or individuals for which a determination has been
made that force could legally be used under the Authorization
for Use of Military Force (Public Law 107-40), including--
``(i) the legal and factual basis for such determination;
and
``(ii) a description of whether force has been used against
each such foreign force, irregular force, group, or
individual; and
``(B) the criteria and any changes to the criteria for
designating a foreign force, irregular force, group, or
individual as lawfully targetable, as a high value target,
and as formally or functionally a member of a group covered
under the Authorization for Use of Military Force.''; and
(4) in subsection (c), by adding at the end the following:
``The unclassified portion of each report shall, at a
minimum, include each change made to the legal and policy
frameworks during the preceding year and the legal, factual,
and policy justifications for such changes, and shall be made
available to the public at the same time it is submitted to
the appropriate congressional committees.''.
Amendment No. 362 Offered by ms. Spanberger of Virginia
At the end of subtitle E of title V, insert the following
new section:
SEC. __. INITIATIVE TO IMPROVE THE CAPACITY OF MILITARY
CRIMINAL INVESTIGATIVE ORGANIZATIONS TO PREVENT
CHILD SEXUAL EXPLOITATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish an initiative on improving the capacity of military
criminal investigative organizations to prevent child sexual
exploitation. Under the initiative, the Secretary shall work
with an external partner to train military criminal
investigative organization officials at Department of Defense
installations from all military departments regarding--
(1) online investigative technology, tools, and techniques;
(2) computer forensics;
(3) complex evidentiary issues;
(4) child victim identification;
(5) child victim referral for comprehensive investigation
and treatment services; and
(6) related instruction.
(b) Partnerships and Agreements.--Under the initiative, the
Secretary shall develop partnerships and establish
collaborative agreements with the following:
(1) The Department of Justice, Office of the Attorney
General, in better coordinating the investigative
jurisdictions and law enforcement authorities of the military
criminal investigative organizations, and in improving the
justice community's understanding of those law enforcement
authorities to enforce Federal criminal statutes.
(2) Federal criminal investigative organizations
responsible for enforcement of Federal criminal statutes
related to combatting child sexual exploitation, in order to
ensure a streamlined process for transferring criminal
investigations into child exploitation to other
jurisdictions, while maintaining the integrity of the
evidence already collected.
(3) A highly qualified national child protection
organization or law enforcement training center with
demonstrated expertise in the delivery of law enforcement
training--
(A) to detect, identify, investigate, and prosecute
individuals engaged in the trading or production of child
pornography and the online solicitation of children; and
(B) to train military criminal investigative organization
officials at Department of Defense installations from all
military departments.
(4) A highly qualified national child protection
organization with demonstrated expertise in the development
and delivery of multidisciplinary intervention training
including evidence-based forensic interviewing, victim
advocacy, trauma-informed mental health services, medical
services, and multidisciplinary coordination between the
Department of Defense and civilian experts to improve
outcomes for victims of child sexual exploitation.
(5) Children's Advocacy Centers located in the same
communities as military installations that coordinate the
multidisciplinary team response and child-friendly approach
to identifying, investigating, prosecuting, and intervening
in child sexual exploitation cases that can partner with
military installations on law enforcement, child protection,
prosecution, mental health, medical, and victim advocacy to
investigate sexual exploitation, help children heal from
sexual exploitation, and hold offenders accountable.
(6) State and local authorities to address law enforcement
capacity in communities where military installations are
located, and to prevent lapses in jurisdiction that would
undercut the Department's efforts to prevent child sexual
exploitation.
(7) The National Association to Protect Children and the
United States Special Operations Command Care Coalition to
replicate successful outcomes of the Human Exploitation
Rescue Operative (HERO) Child Rescue Corps, as established by
section 890A of the Homeland Security Act of 2002 (6 U.S.C.
473), within military criminal investigative organizations
and other Department components to combat child sexual
exploitation.
(c) Locations.--
(1) In general.--The Secretary shall carry out the
initiative--
(A) in at least two States where there is a high density of
Department network users in comparison to the overall
population of the States;
(B) in at least two States where there is a high population
of Department network users;
(C) in at least two States where there is a large
percentage of Indian children, including children who are
Alaska Native or Native Hawaiian;
(D) in at least one State with a population with fewer than
2,000,000 people;
(E) in at least one State with a population with fewer than
5,000,000 people, but not fewer than 2,000,000 people;
(F) in at least one State with a population with fewer than
10,000,000 people, but not fewer than 5,000,000; and
(G) in at least one State with a population with 10,000,000
or more people.
(2) Geographic distribution.--The Secretary shall ensure
that the locations at which the initiative is carried out are
distributed across different regions.
(d) Additional Requirements.--In carrying out the
initiative, the Secretary shall--
(1) participate in multi-jurisdictional task forces;
(2) establish cooperative agreements to facilitate co-
training and collaboration with Federal, State, and local law
enforcement; and
(3) develop a streamlined process to refer child sexual
abuse cases to other jurisdictions.
Amendment No. 363 Offered by Ms. Speier of California
At the end of subtitle B of title XVI, add the following
new section:
SEC. 16__. FUNDING FOR DEFENSE COUNTERINTELLIGENCE AND
SECURITY AGENCY.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance as
specified in the corresponding funding table in section 4301,
for Defense Security Service (line 320) is hereby increased
by $5,206,997, for purposes of acquiring advanced cyber
threat detection sensors, hunt and response mechanisms, and
commercial cyber threat intelligence to ensure Defense
Industrial Base networks remain protected from nation state
adversaries.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for other procurement, Air Force,
as specified in the corresponding funding table in section
4101, for Integrated personnel and pay system is hereby
reduced by $5,206,997.
Amendment No. 364 Offered by Ms. Speier of California
At the end of subtitle B of title VII, add the following
new section:
SEC. 7___. MODIFICATION TO REFERRALS FOR MENTAL HEALTH
SERVICES.
If the Secretary of Defense is unable to provide mental
health services in a military medical treatment facility to a
member of the Armed Forces within 15 days of the date on
which such services are first requested by the member, the
Secretary may refer the member to a provider under the
TRICARE program (as that term is defined in section 1072 of
title 10, United States Code) to receive such services.
Amendment No. 365 Offered by Ms. Speier of California
At the end of subtitle G of title XXVIII, insert the
following new section:
SEC. 28__. RENAMING OF LEJEUNE HIGH SCHOOL IN HONOR OF
CONGRESSMAN WALTER B. JONES.
(a) Renaming.--The Lejeune High School at Camp Lejeune,
North Carolina, shall hereafter be known and designated as
the ``Walter B. Jones Camp Lejeune High School''.
(b) References.--Any reference in any law, map, regulation,
map, document, paper, other record of the United States to
the facility referred to in subsection (a) shall be
considered to be a reference to the Walter B. Jones Camp
Lejeune High School.
Amendment No. 366 Offered by Mr. Stanton of Arizona
At the end of subtitle J of title V, add the following:
[[Page H5691]]
SEC. 5__. INCLUSION OF CERTAIN VETERANS ON TEMPORARY
DISABILITY OR PERMANENT DISABLED RETIREMENT
LISTS IN MILITARY ADAPTIVE SPORTS PROGRAMS.
(a) Inclusion of Certain Veterans.--Subsection (a)(1) of
section 2564a of title 10, United States Code, is amended by
striking ``for members of the armed forces who'' and all that
follows through the period at the end and inserting the
following: ``for--
``(A) any member of the armed forces who is eligible to
participate in adaptive sports because of an injury, illness,
or wound incurred in the line of duty in the armed forces;
and
``(B) any veteran (as defined in section 101 of title 38),
during the one-year period following the veteran's date of
separation, who--
``(i) is on the Temporary Disability Retirement List or
Permanently Disabled Retirement List;
``(ii) is eligible to participate in adaptive sports
because of an injury, illness, or wound incurred in the line
of duty in the armed forces; and
``(iii) was enrolled in the program authorized under this
section prior to the veteran's date of separation.''.
(b) Conforming Amendment.--Subsection (b) of such section
is amended by inserting ``and veterans'' after ``members''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 2564a. Provision of assistance for adaptive sports
programs: members of the armed forces; certain veterans''.
(2) Table of sections.--The table of sections at the
beginning of chapter 152 of such title is amended by striking
the item relating to section 2564a and inserting the
following new item:
``2564a. Provision of assistance for adaptive sports programs: members
of the armed forces; certain veterans.''.
Amendment No. 367 Offered by Mr. Stauber of Minnesota
Page 642, after line 21, insert the following:
SEC. 10__. REPORT ON EXPANDING NAVAL VESSEL MAINTENANCE.
(a) Report Required.--Not later than May 1, 2020, the
Secretary of the Navy shall submit to the congressional
defense committees a report on allowing maintenance to be
performed on naval vessels at shipyards other than shipyards
in the vessels' homeports.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An assessment of the ability of homeport shipyards to
meet the current naval vessel maintenance demands.
(2) An assessment of the ability of current homeport
shipyards to meet the naval vessel maintenance demands of a
355-ship Navy.
(3) An assessment of the ability of non-homeport firms to
augment repair work at homeport shipyards, which shall
include--
(A) the capability and proficiency of shipyards in the
Great Lakes, Gulf Coast, East Coast, West Coast, and Alaska
regions to perform technical repair work on naval vessels at
locations other than their homeports;
(B) the required improvements to the capability of
shipyards in the Great Lakes, Gulf Coast, East Coast, West
Coast, and Alaska regions to enable performance of technical
repair work on naval vessels at locations other than their
homeports;
(C) an identification of naval vessel types (such as
noncombatant vessels or vessels that only need limited
periods of time in shipyards) best suited for repair work
performed by shipyards in locations other than their
homeports; and
(D) the potential benefits to fleet readiness of expanding
shipyard repair work to include shipyards not located at
naval vessel homeports.
(4) An assessment of the benefits to the commercial
shipyard industrial base of expanding repair work for naval
vessels to shipyards not eligible for short-term work in
accordance with section 8669a(c) of title 10, United States
Code.
(c) Homeport Shipyards Defined.--In this section, the term
``homeport shipyards'' means shipyards associated with firms
capable of being awarded short-term work at the homeport of a
naval vessel in accordance with section 8669a(c) of title 10,
United States Code.
Amendment No. 417 Offered by Mr. Zeldin of New York
At the appropriate place in subtitle G of title XII, insert
the following:
SEC. __. REPORT ON RELATIONSHIP BETWEEN LEBANESE ARMED FORCES
AND HIZBALLAH.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit a
report to Congress--
(1) identifying all military officers, commanders,
advisors, officials, or other personnel with significant
influence over the policies or activities of the Lebanese
Armed Forces who are members of, paid by, or significantly
influenced by Hizballah; and
(2) describing military activities conducted by the
Lebanese Armed Forces to disarm Hizballah pursuant to United
Nations Security Council Resolution (UNSCR) 1701 (2006).
(b) Form.--The report required by subsection (a) shall be
submitted in an unclassified form but may have a classified
annex.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from Oklahoma (Ms. Kendra S. Horn) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentlewoman from Oklahoma.
Ms. KENDRA S. HORN of Oklahoma. Madam Chairwoman, I currently have no
speakers, and I reserve the balance of my time.
Mr. THORNBERRY. Madam Chair, I have no speakers, and I yield back the
balance of my time.
Ms. KENDRA S. HORN of Oklahoma. Madam Chairwoman, I encourage my
colleagues to support the en bloc package, as well as the NDAA upon
final passage, and I yield back the balance of my time.
Mr. SMITH of New Jersey. Madam Chair, current law requires
servicemembers to participate in Transition Assistance Program (TAP)
before their anticipated separation date, and more than 20,000 service
members will transition into civilian life per month over the next 5
years.
As the former Chairman of the House Veterans Affairs Committee, I
have seen how vital TAP is in preparing all eligible members of the
armed forces for transition to civilian life. Servicemembers currently
undergo 4 hours of pre-separation counseling, 5 days of classroom-based
instruction, and an optional 2-day Transition Goals, Plans, Success
program. Yet, the abundant information provided in these multiple
sessions can become an organizational challenge especially for
servicemembers who are relocating and starting new lives.
While access and advancement in mobile technology has grown, TAP has
yet to provide servicemembers with a comprehensive online application
accessible through mobile application technology to assist with their
transition needs after separation including a personalized profile for
employment, education, benefits, mentorship, resume building, and
career training. Additionally, there is currently no avenue for TAP
officials to follow servicemembers' progress in completing their TAP
requirements and ensure that immediate and accurate reports are kept.
My amendment calls for a three-year pilot program through the
interagency partners of the Department of Defense, Department of
Veterans Affairs, and the Department of Labor to develop an online
application that would address the current shortfalls in the TAP
program, consolidate online resources given to them upon separation,
and provide support for the transitioning needs of servicemembers as
they become veterans.
The online application that would be available as an app for
smartphones or tablets and accessible through laptops or desktop
computers, would create a transition data dashboard personalized to the
veteran. This application would provide a resume generator, job search
portal, access to career training, and mentorship and do it all based
on the individual military experiences and current geographic location
of the veteran.
This pilot program will ensure the valuable information provided at
TAP is always at veterans' fingertips in order to help our nation's
heroes seamlessly transition into civilian life.
I urge my colleagues to support this amendment.
Mr. SMITH of New Jersey. Madam Chair, En Bloc amendment No. 14
includes my amendment--cosponsored by Donald Norcross (D-NJ)--to
require the GAO to investigate the contracting practices of the U.S.
Army Corps of Engineers, specifically on how the agency complies with
and enforces the Davis-Bacon Act to pay locally prevailing wages on
federally-financed construction jobs.
Under Davis-Bacon, the government may terminate a contract if locally
prevailing wages have not been paid to employees working on the
project. Contracting agencies, such as the Army Corps, however, have
the primary day-to-day responsibility for enforcement of the Davis-
Bacon Act and its labor standards requirements. Unfortunately, I have
heard persistent and credible reports that the Army Corps' enforcement
efforts are lacking, specifically at Joint Base McGuire-Dix-Lakehurst,
which is located in my district.
Irresponsible contractors and subcontractors often times avoid their
prevailing wage obligations by engaging in two different types of
misclassification: craft misclassification and independent contractor
misclassification.
Craft misclassification occurs when dishonest contractors misclassify
highskilled workers as general laborers or lower wage classifications
in order to avoid paying the higher prevailing wage rate applicable to
the high-skilled work actually performed. Independent contractor
misclassification occurs when contractors misclassify employees as
independent contractors to avoid paying prevailing wages in order to
reduce labor costs and avoid state and federal taxes.
[[Page H5692]]
These practices deny workers access to critical benefits and
protections, including prevailing wages, workers' compensation and
unemployment insurance, and communities suffer because
misclassification results in lower tax revenues for federal, state, and
local governments. To top it off, the work is often substandard as it
has been performed by people not properly trained for the job.
Our military installations deserve quality workmanship, not
substandard facilities that could create potential hazards and diminish
readiness.
In light of the intended federal investment of $11.5 billion for
military construction projects included in this underlying bill for
fiscal year 2020, we need to be sure that our taxpayer dollars--and
critical investment in military infrastructure--are being spent in
accordance with the law and on qualified workmanship. The GAO
investigation of the U.S. Army Corps of Engineers will help quantify
the problem and hopefully usher in reform.
Mr. SOTO. Madam Chair, I would like to acknowledge that my amendment,
floor amendment number 357, rules amendment number 117, included in en
bloc package number 14, increases funding for the Defense-Wide
Manufacturing Science and Technology program by $5 million for anti-
tamper heterogeneous integrated microelectronics.
Microelectronics support nearly all Department of Defense activities,
enabling capabilities such as the global position system, radar,
command and control, and communications. Ensuring secure access to
leading-edge microelectronics, however, is a challenge. The changing
global semiconductor industry and the sophistication of U.S.
adversaries, who might target military electronic components, require
us to update our domestic microelectronics security framework.
Defense-Wide Manufacturing Science and Technology is an investment
mechanism that allows the Department of Defense to advance state-of-
the-art, defense-essential, manufacturing capabilities through the
development of technologies and processes necessary to produce defense
systems. This amendment would provide additional funding resources,
through the use of a public-private-partnership structured
microelectronics cybersecurity center, to support anti-tamper devices,
hardware security, and other evolving new concept technologies that
support trusted and assured manufacturing, combined with advanced
system integration and packaging technologies.
I support the rapid modernization of domestic state-of-the-art
foundry operations that produce trusted microelectronics and thank the
Chairman and the Committee for all their work on this amendment.
Mr. SCOTT of Virginia. Madam Chair, I rise in support of my amendment
to H.R. 2500, which would require the Secretary of Defense to submit a
report to Congress regarding the Department's progress implementing the
91 priority recommendations from the Comptroller General of the United
States. I would like to thank my colleague Congresswoman Barbara Lee
for cosponsoring this amendment. I would also like to thank Chairman
Smith and the House Armed Services Committee for their work on this
important legislation.
The 91 priority recommendations in GAO-19-366SP report was sent to
the Department of Defense to address major challenges in nine key
areas: Acquisitions and Contract Management, Readiness, Building
Capacity to Drive Enterprise-Wide Business Reform, Defense
Headquarters, Health care, Cybersecurity, Infrastructure, Financial
Management, and Preventing Sexual Harassment. These recommendations
address challenges that affect the Department's ability to accomplish
its mission.
Every Congressional Black Caucus alternative budget for the past
decade has made implementing GAO's recommendations a priority to
encourage DoD to save taxpayer dollars and to be more prudent with the
enormous amount of resources they are provided to defend our country.
As we work to strengthen our nation's Armed Forces to counter threats
from our adversaries, we must ensure that DoD roots out waste, fraud,
and abuse within the agency. While DoD has successfully implemented
some of the recommendations made by the GAO, there is more work to be
done.
Today, DoD faces new challenges in our national security with the
rise of cyber crimes, international terrorism and nuclear threats. Our
military has been stretched and exhausted from being involved in two
wars in Iraq and Afghanistan. We should be doing everything we can to
ensure that DoD funds are used to strengthen our national security.
Each fiscal year, the Department is appropriated hundreds of billions
of dollars and is the largest employer in the federal government. It is
critical that DOD accounts for every dollar. The GAO report has 17
recommendations for financial management. GAO reports that DoD has
failed to properly produce correct financial information. This is a
serious problem for a Department that receives such a significant share
of federal taxpayer dollars. Auditing the Pentagon and encouraging DoD
to continue to implement the remaining GAO recommendations would lead
to tens of billions in cost savings for taxpayers by bringing a culture
of financial accountability to the Pentagon.
Madam Chair, it is imperative that DoD address and implement the
GAO's remaining priority recommendations. If cost is the issue that is
preventing the implementation, the required report to Congress will
outline the estimated funding needed to assist DOD with the
implementation.
I hope my colleagues will join me in supporting this important
amendment to ensure DoD's efficient use of taxpayer dollars.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Oklahoma (Ms. Kendra S. Horn).
The en bloc amendments were agreed to.
Amendments En Bloc No. 15 Offered by Ms. Kendra S. Horn of Oklahoma
Ms. KENDRA S. HORN of Oklahoma. Madam Chair, pursuant to House
Resolution 476, I rise to offer amendments en bloc No. 15 as the
designee of the gentleman from Washington (Mr. Smith).
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 15 consisting of amendment Nos. 369, 370, 371,
372, 373, 374, 376, 377, 378, 379, 380, 381, 383, 384, 385, 387, 388,
389, 390, 391, 392, 393, and 394 printed in part B of House Report 116-
143, offered by Ms. Kendra S. Horn of Oklahoma:
Amendment No. 369 Offered by Ms. Stefanik of New York
Add at the end of subtitle E of title V the following:
SEC. 5__. TREATMENT OF INFORMATION IN CATCH A SERIAL OFFENDER
PROGRAM FOR CERTAIN PURPOSES.
(a) Exclusion From FOIA.--Section 552 of title 5, United
States Code (commonly referred to as the ``Freedom of
Information Act''), shall not apply to any report for
purposes of the Catch a Serial Offender Program.
(b) Preservation of Restricted Report.--The transmittal or
receipt in connection with the Catch a Serial Offender
Program of a report on a sexual assault that is treated as a
restricted report shall not operate to terminate its
treatment or status as a restricted report.
Amendment No. 370 Offered by Ms. Stefanik of New York
At the end of subtitle F of title VIII, add the following
new section:
SEC. 8_. MODIFICATIONS TO BUDGET DISPLAY REQUIREMENTS FOR THE
DEPARTMENT OF DEFENSE SMALL BUSINESS INNOVATION
RESEARCH PROGRAM AND SMALL BUSINESS TECHNOLOGY
TRANSFER PROGRAM.
Section 857 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1891) is amended--
(1) in subsection (a)--
(A) by inserting ``Under Secretary of Defense (Comptroller)
and the'' before ``Under Secretary of Defense for Research
and Engineering''; and
(B) by striking ``a budget display'' and inserting ``one or
more budget displays'';
(2) in subsection (b), by striking ``The budget display''
and inserting ``The budget displays''; and
(3) in subsection (d), by striking ``The budget display''
and inserting ``The budget displays''.
Amendment No. 371 Offered by Mr. Stivers of Ohio
At the end of subtitle C of title VII, add the following
new section:
SEC. 729. ANNUAL REPORTS ON MILLENNIUM COHORT STUDY RELATING
TO WOMEN MEMBERS OF THE ARMED FORCES.
(a) Annual Reports.--On an annual basis, the Secretary of
Defense shall submit to the appropriate congressional
committees, and make publicly available, a report on findings
of the Millennium Cohort Study relating to the gynecological
and perinatal health of women members of the Armed Forces
participating in the study.
(b) Matters Included.--Each report under subsection (a)
shall include, at a minimum, the following:
(1) A summary of general findings pertaining to
gynecological and perinatal health, such as the diseases,
disorders, and conditions that affect the functioning of
reproductive systems, including regarding maternal mortality
and severe maternal morbidity, birth defects, developmental
disorders, low birth weight, preterm birth, reduced
fertility, menstrual disorders, and other health concerns.
(2) All research projects that have concluded during the
year covered by the report and the outcomes of such projects.
(3) Abstracts of all ongoing projects.
(4) Abstracts of all projects that have been considered for
investigation.
(c) Identification of Areas.--The Secretary shall
identify--
(1) areas in which the Millennium Cohort Study can increase
efforts to capture data and produce studies in the field of
gynecological and perinatal health of women members of the
Armed Forces; and
[[Page H5693]]
(2) activities that are currently underway to achieve such
efforts.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committees on Veterans' Affairs of the House of
Representatives and the Senate.
(2) The term ``Millennium Cohort Study'' means the
longitudinal study authorized under section 743 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2074) to evaluate data on
the health conditions of members of the Armed Forces upon
their return from deployment.
Amendment No. 372 Offered by Mr. Suozzi of New York
At the end of subtitle B of title III, add the following:
SEC. ____. RADIUM TESTING AT CERTAIN LOCATIONS OF THE
DEPARTMENT OF THE NAVY.
(a) In General.--The Secretary of the Navy shall provide
for an independent third-party data quality review of all
radium testing completed by contractors of the Department of
the Navy at a covered location.
(b) Covered Location Defined.--In this section, the term
``covered location'' means any location where the Secretary
of the Navy is undertaking a project or activity funded
through one of the following accounts of the Department of
Defense:
(1) Operation and Maintenance, Environmental Restoration,
Navy.
(2) Operation and Maintenance, Environmental Restoration,
Formerly Used Defense Sites.
Amendment No. 373 Offered by Mr. Takano of California
Amend section 912 to read as follows:
SEC. 912. LIMITATION ON AVAILABILITY OF FUNDS FOR
CONSOLIDATION OF DEFENSE MEDIA ACTIVITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Defense Media Activity serves as a premier
broadcasting and production center for America's
servicemembers and their families worldwide; and
(2) as the Department of Defense considers relocating some
or all of the functions of the Defense Media Activity,
Congress must have the opportunity to consider the impact and
scope that such a decision would have on the Department's
ability to meet its current warfighting capabilities and
ensure that the Defense Media Activity does not consolidate
its facilities at the expense of satisfying its current
mission requirements.
(b) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 or any subsequent fiscal year for the
Department of Defense may be used to consolidate the Defense
Media Activity until a period of 180 days has elapsed
following the date on which the Secretary of Defense submits
the report required under subsection (c).
(c) Report Required.--The Secretary of Defense shall submit
to the congressional defense committees a report that
includes the following:
(1) Any current or future plans to restructure, reduce, or
eliminate the functions, personnel, facilities, or
capabilities of the Defense Media Activity, including the
timelines associated with such plans.
(2) Any modifications that have been made, or that may be
made, to personnel compensation or funding accounts in
preparation for, or in response to, efforts to consolidate
the Defense Media Activity.
(3) Any contractual agreements that have been entered into
to consolidate or explore the consolidation of the Defense
Media Activity.
(4) Any Department of Defense directives or Administration
guidance relating to efforts to consolidate the Defense Media
Activity, including any directives or guidance intended to
inform or instruct such efforts.
(d) Consolidate Defined.--In this section, the term
``consolidate'', means any action to reduce or limit the
functions, personnel, facilities, or capabilities of the
Defense Media Activity, including entering into contracts or
developing plans for such reduction or limitation.
Amendment No. 374 Offered by Mr. Thompson of California
At the end of title XXVIII, add the following new section:
SEC. 28__. OPERATION, MAINTENANCE, AND PRESERVATION OF MARE
ISLAND NAVAL CEMETERY, VALLEJO, CALIFORNIA.
(a) Authority to Assist Operation, Maintenance, and
Preservation Activities.--The Secretary of Defense may
provide not more than $250,000 per fiscal year to aid in the
operation, maintenance, and preservation of the Mare Island
Naval Cemetery in Vallejo, California (in this section
referred to as the ``Cemetery'') if, within one year after
the date of the enactment of this Act--
(1) the city of Vallejo, California, enters into an
agreement with a nonprofit historical preservation
organization (in this section referred to as the
``organization'') to manage the day-to-day operation,
maintenance, and preservation activities of the Cemetery; and
(2) the organization enters into a memorandum of agreement
with the Secretary that outlines the organization's plan and
commitment to preserve the Cemetery in perpetuity.
(b) Restriction on Use of Assistance.--Assistance provided
under subsection (a) shall only be used by the organization--
(1) for the direct operation, maintenance, and preservation
of the Cemetery; and
(2) to conduct an annual audit and prepare an annual report
of the organization's activities.
(c) Reduction in Assistance.--The Secretary of Defense may
reduce the amount of assistance provided under subsection (a)
for a fiscal year, or forgo the provision of assistance for a
fiscal year, whenever the Secretary determines that the
organization has enough operational funds to function for at
least a two-year period.
(d) Annual Audit and Report.--As a condition of receiving
assistance under subsection (a), the organization shall
submit to the Secretary of Defense an annual report
containing an audit of the organization's financial revenues
and expenditures for the previous year and describing how
funds were used.
(e) Other Fund-raising.--Nothing in this section shall be
construed to preclude the organization from raising
additional funds to supplement the organization's activities.
amendment no. 376 offered by ms. torres small of new mexico
At the end of subtitle H of title X, insert the following:
SEC. 10__. PILOT PROGRAM TO PROVIDE BROADBAND ACCESS TO
MILITARY FAMILIES AND MEDICAL FACILITIES ON
REMOTE AND ISOLATED BASES.
(a) Pilot Program.--
(1) Purpose.--In order to extend residential broadband
internet access to the thousands of military families on
military installations within the United States located in
unserved rural areas, the Secretary of Defense, in
coordination with the Federal Communication Commission, shall
carry out a pilot program under which the Secretary enters
into an agreement with a broadband internet provider or
providers to--
(A) provide broadband internet access to military families
on installations within the United States located in unserved
rural areas;
(B) ensure broadband internet is accessible in military
hospitals and clinics to facilitate the expeditious use of
telehealth services and electronic military records
integration; and
(C) enhance broadband internet access that can support of
military spouse employment, transition assistance for members
of the Armed Forces, and workforce development.
(2) Locations.--The Secretary shall carry out the pilot
program at no fewer than three military installations located
in unserved rural areas.
(3) Service provider requirements.--The Secretary shall
ensure that broadband internet service providers considered
for participation in the pilot program--
(A) use low-cost broadband technologies, such as fixed
wireless technologies, which are suitable for lower
population density unserved and underserved rural areas; and
(B) possess the capability to expeditiously install and
connect broadband internet capabilities on remote and
isolated bases.
(4) Fifth generation information and communications
technologies.--The pilot program under this section shall be
carried out in accordance with the strategy and
implementation plan required under section 233 of this Act.
(b) Report Required.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services and the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Armed Services and the Committee on Energy
and Commerce of the House of Representatives a report on the
implementation of the pilot program under subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a list of the remote and isolated bases selected by the
Secretary for purposes of the pilot program;
(B) an analysis of the success of the pilot program on
improving access to broadband for families living on base,
telehealth medicine services, and the processing of
electronic health records;
(C) recommendations by the Secretary for improving,
expanding, or modifying the program;
(D) recommendations from the Secretary, the Secretary of
Commerce, and the Chairman of the Federal Communication
Commission on aligning the pilot program with Federal rural
broadband strategy and deployment efforts; and
(E) any other matters the Secretary determines to be
appropriate.
(c) Definitions.--In this section:
(1) The term ``broadband'' means internet access providing
throughput speeds of at least 25 Mbps downstream and at least
3 Mbps upstream and having no data consumption caps.
(2) The term ``unserved rural areas'' means those rural
census blocks reported by broadband providers as lacking
access to broadband on the Federal Communications
Commission's Form 477.
amendment no. 377 offered by mrs. torres of california
In section 240--
(1) redesignate subsections (d) and (e) as subsections (e)
and (f), respectively; and
(2) insert after subsection (c) the following new
subsection (d):
[[Page H5694]]
(c) List of Covered Institutions.--The Commission, in
consultation with the Secretary of Education and the
Secretary of Defense, shall make available a list identifying
each covered institution. The list shall be made available on
a publicly accessible website of the Department of Defense
and the Department of Education and shall be updated not less
frequently than once annually during the life of the
Commission.
amendment no. 378 offered by mrs. torres of california
At the end of subtitle G of title XII, add the following:
SEC. _. IMPOSITION OF SANCTIONS RELATING TO CENTRAL AMERICA.
(a) In General.--No later than 180 days after the date of
the enactment of this Act, the President shall impose the
sanctions described in subsection (b) on--
(1) each of the individuals listed in the report provided
by to Congress by the Department of State on April 3, 2019,
pursuant to section 1287 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232); and
(2) each of the individuals listed in the report provided
to Congress by the Department of State on May 15, 2019,
pursuant to section 7019(d) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6).
(b) Sanctions Described.--The sanctions described in this
subsection are the sanctions described in section 1263(b) of
the Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328; 22 U.S.C.
2656 note).
(c) Waiver.--The President may waive the imposition of
sanctions under this section if the President determines that
such waiver would be in the national security interests of
the United States.
amendment no. 379 offered by mrs. torres of california
At the appropriate place in subtitle G of title XII, insert
the following:
SEC. 12__. PROHIBITION RELATING TO JOINT TASK FORCE WITH
GUATEMALA.
(a) In General.--None of the funds authorized to be
appropriated or otherwise made available by this Act may be
made available to transfer or purchase vehicles for any joint
task force including the Ministry of Defense or the Ministry
of the Interior of Guatemala unless the Secretary of Defense
certifies to the appropriate congressional committees that
such ministries have made a credible commitment to use such
equipment only for the uses for which they were intended.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
amendment no. 380 offered by mrs. torres of california
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. EFFORTS TO COUNTER MANIPULATED MEDIA CONTENT.
(a) Briefing Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
initiatives of the Department of Defense to identify and
address, as appropriate and as authorized in support of
Department of Defense operations, manipulated media content,
specifically ``deepfakes''.
(2) Elements.--The briefing required by paragraph (1) shall
include the following:
(A) Status of efforts to develop technology to identify
manipulated content impacting the national security of the
United States.
(B) Challenges to detecting, labeling, and preventing
foreign actors' manipulation of images and video impacting
national security.
(C) Plans to make deepfake detection technology available
to the public and other Federal agencies for use in
identifying manipulated media.
(D) The efforts of the Department of Defense, as
appropriate, to engage academia and industry stakeholders to
combat deliberately manipulated or deceptive information from
state and non-state actors on social media platforms
impacting operations overseas.
(E) An assessment of the ability of adversaries to generate
deepfakes.
(F) Recommendations for a long-term transition partner
organization.
(b) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Defense-wide, applied research, SOF technology
development, line 022 (PE 1160401BB) is hereby increased by
$5,000,000 (with the amount of such increase to be made
available for Media Forensics).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201 for research, development, test, and
evaluation, Air Force, operational systems development, AF
integrated personnel and pay system (AF-IPPS), line 158 (PE
0605018F) is hereby reduced by $5,000,000.
(c) Rule of Construction.--Nothing in this section shall be
construed to authorize an activity that will impact the
privacy or civil liberties of United States persons.
amendment no. 381 offered by mrs. torres of california
Page 472, line 7, insert after the period the following new
sentence: ``The Department of Defense must also develop
policies to assist small- and medium-sized manufacturers that
provide goods or services in the supply chain for the
Department to adopt robust cybersecurity standards.''.
Page 473, after line 10, insert the following new
paragraph:
(3) Consultation.--The Secretary of Defense shall consult
with the Director of the Hollings Manufacturing Extension
Partnership (established under section 25 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k))
to provide education, guidance, and technical assistance to
strengthen the cybersecurity of small- and medium-sized
manufacturers that provide goods or services in the supply
chain for the Department of Defense.
amendment no. 383 offered by mr. turner of ohio
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. EXPANSION OF PRE-REFERRAL MATTERS REVIEWABLE BY
MILITARY JUDGES AND MILITARY MAGISTRATES IN THE
INTEREST OF EFFICIENCY IN MILITARY JUSTICE.
(a) In General.--Subsection (a) of section 830a of title
10, United States Code (article 30a of the Uniform Code of
Military Justice), is amended by striking paragraphs (1) and
(2) and inserting the following new paragraphs:
(1) The President shall prescribe regulations for matters
relating to proceedings conducted before referral of charges
and specifications to court-martial for trial, including the
following:
(A) Pre-referral investigative subpoenas.
(B) Pre-referral warrants or orders for electronic
communications.
(C) Pre-referral matters referred by an appellate court.
(D) Pre-referral matters under subsection (c) or (e) of
section 806b of this title (article 6b).
(E) Pre-referral matters relating to the following:
(i) Pre-trial confinement of an accused.
(ii) The accused's mental capacity.
(iii) A request for an individual military counsel.
(2) In addition to the matters specified in paragraph (1),
the regulations prescribed under that paragraph shall--
(A) set forth the matters that a military judge may rule
upon in such proceedings;
(B) include procedures for the review of such rulings; and
(C) include appropriate limitations to ensure that
proceedings under this section extend only to matters that
would be subject to consideration by a military judge in a
general or special court-martial.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 830A. Art. 30a. proceedings conducted before
referral''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter VI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is
amended by striking the item relating to section 830 (article
30a) and inserting the following new item:
``830a. 30a. Proceedings conducted before referral.''.
amendment no. 384 offered by mr. turner of ohio
At the end of subtitle E of title V, add the following new
section:
SEC. 5__. PRESERVATION OF RECOURSE TO RESTRICTED REPORT ON
SEXUAL ASSAULT FOR VICTIMS OF SEXUAL ASSAULT
BEING INVESTIGATED FOLLOWING CERTAIN VICTIM OR
THIRD-PARTY COMMUNICATIONS.
(a) In General.--The Secretary of Defense shall establish a
policy that allows a member of the Armed Forces who is the
victim of a sexual assault that is or may be investigated as
a result of a communication described in subsection (b) to
elect to have the member's reporting on such sexual assault
be treated as a Restricted Report without regard to the party
initiating or receiving such communication.
(b) Communication.--A communication described in this
subsection is a communication on a sexual assault as follows:
(1) By the member concerned to a member of the Armed Forces
in the chain of command of such member, whether a
commissioned officer or a non-commissioned officer.
(2) By the member concerned to military law enforcement
personnel or personnel of a military criminal investigation
organization (MCIO).
(3) By any individual other than the member concerned.
amendment no. 385 offered by mr. turner of ohio
At the end of subtitle D of title V, add the following new
section:
[[Page H5695]]
SEC. 5__. TRAINING FOR COMMANDERS IN THE ARMED FORCES ON
THEIR ROLE IN ALL STAGES OF MILITARY JUSTICE IN
CONNECTION WITH SEXUAL ASSAULT.
(a) In General.--The training provided commanders in the
Armed Forces shall include comprehensive training on the role
of commanders in all stages of military justice in connection
with sexual assaults by members of the Armed Forces against
other members of the Armed Forces.
(b) Elements to Be Covered.--The training provided pursuant
to subsection (a) shall include training on the following:
(1) The role of commanders in each stage of the military
justice process in connection with sexual assault committed
by a member of the Armed Forces against another member,
including investigation and prosecution.
(2) The role of commanders in assuring that victims in
sexual assault described in paragraph (1) are informed of,
and have the opportunity to obtain, assistance available for
victims of sexual assault by law.
(3) The role of commanders in assuring that victims in
sexual assault described in paragraph (1) are afforded the
due process rights and protections available to victims by
law.
(4) The role of commanders in preventing retaliation
against victims, their family members, witnesses, first
responders, and bystanders for their complaints, statements,
testimony, and status in connection with sexual assault
described in paragraph (1), including the role of commanders
in ensuring that subordinates in the command are aware of
their responsibilities in preventing such retaliation.
(5) The role of commanders in establishing and maintaining
a healthy command climate in connection with reporting on
sexual assault described in paragraph (1) and in the response
of the commander, subordinates in the command, and other
personnel in the command to such sexual assault, such
reporting, and the military justice process in connection
with such sexual assault.
(6) Any other matters on the role of commanders in
connection with sexual assault described in paragraph (1)
that the Secretary of Defense considers appropriate for
purposes of this section.
(c) Incorporation of Best Practices.--
(1) In general.--The training provided pursuant to
subsection (a) shall incorporate best practices on all
matters covered by the training.
(2) Identification of best practices.--The Secretaries of
the military departments shall, acting through the training
and doctrine commands of the Armed Forces, undertake from
time to time surveys and other reviews of the matters covered
by the training provided pursuant to subsection (a) in order
to identify and incorporate into such training the most
current practicable best practices on such matters.
(d) Uniformity.--The Secretary of Defense shall ensure that
the training provided pursuant to subsection (a) is, to the
extent practicable, uniform across the Armed Forces.
amendment no. 387 offered by ms. velazquez of new york
Page 430, strike line 19 through line 24 and insert the
following:
(2) Report.--Not later than February 1, 2022, the
Comptroller General of the United States shall submit a
report to the congressional defense committees which shall
include the number of contracts awarded on the basis of
competition restricted to Program Participants in the program
established under section 8(a) of the Small Business Act (15
U.S.C. 637(a)) to small business concerns that are Native
Hawaiian Organizations (as defined in paragraph (15) of such
section (15 U.S.C. 637(a)(15))) or economically disadvantaged
Indian tribes (or a wholly owned business entity of such a
tribe) (as defined in paragraph (13) of such section (15
U.S.C. 637(a)(13))) or that exceed the dollar amount under
paragraph (1)(D) of such section.
amendment no. 388 offered by ms. velazquez of new york
Page 586, strike line 23 and all that follows through page
587, line 2, and insert the following:
(a) Permanent Authorization.--
(1) Repeal of expiration of authority.--Section 831 of the
National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note) is amended by
striking subsection (j).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date on which the Secretary of
Defense submits to Congress the small business strategy
required under section 2283 of title 10, United States Code.
The Secretary of Defense shall notify the Law Revision
Counsel of the House of Representatives of the submission of
the strategy so that the Law Revision Counsel may execute the
amendment made by paragraph (1).
Page 589, after line 8, insert the following:
(f) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until
September 30, 2021, the Secretary of Defense shall submit to
the congressional defense committees a report on the Mentor-
Protege Program established under section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 2302 note) that describes--
(1) each mentor-protege agreement entered into under such
section, disaggregated by the type of disadvantaged small
business concern (as defined in subsection (o) of such
section) receiving assistance pursuant to such an agreement;
(2) the type of assistance provided to protege firms (as
defined in subsection (o) of such section) under each such
agreement;
(3) the benefits provided to mentor firms (as defined in
subsection (o) of such section) under each such agreement;
and
(4) the progress of protege firms under each such agreement
with respect to competing for Federal prime contracts and
subcontracts.
amendment no. 389 offered by ms. velazquez of new york
At the end of subtitle F of title VIII, add the following
new section:
SEC. 882. SMALL BUSINESS CONTRACTING CREDIT FOR
SUBCONTRACTORS THAT ARE PUERTO RICO BUSINESSES.
Section 15(x)(1) of the Small Business Act (15 U.S.C.
644(x)(1)) is amended--
(1) by inserting ``, or a prime contractor awards a
subcontract (at any tier) to a subcontractor that is a Puerto
Rico business,'' after ``Puerto Rico business'';
(2) by inserting ``or subcontract'' after ``the contract'';
and
(3) by striking ``subsection (g)(1)(A)(i)'' and inserting
``subsection (g)(1)(A)''.
amendment no. 390 offered by ms. velazquez of new york
At the end of subtitle F of title VIII, add the following
new section:
SEC. 882. SMALL BUSINESS CONTRACTING CREDIT FOR CERTAIN SMALL
BUSINESSES LOCATED IN UNITED STATES
TERRITORIES.
Section 15(x) of the Small Business Act (15 U.S.C. 644(x))
is amended--
(1) in the subsection heading, by inserting ``and Covered
Territory Businesses'' after ``Puerto Rico Businesses'';
(2) in paragraph (1), by inserting ``or a covered territory
business'' after ``Puerto Rico business''; and
(3) by adding at the end the following new paragraph:
``(3) Covered territory business defined.--In this
subsection, the term `covered territory business' means a
small business concern that has its principal office located
in one of the following:
``(A) The United States Virgin Islands.
``(B) American Samoa.
``(C) Guam.
``(D) The Northern Mariana Islands.''.
amendment no. 391 offered by mrs. wagner of missouri
At the appropriate place in subtitle A of title XII, insert
the following:
SEC. 12__. MULTINATIONAL REGIONAL SECURITY EDUCATION CENTER.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate a briefing on the utility and
feasibility of establishing a multinational regional security
education center, including as a satellite entity of the
Daniel K. Inouye Asia-Pacific Center for Security Studies
that is located in a member country of the Association for
Southeast Asian Nations, to offer year-round training and
educational courses to Southeast Asian and Indo-Pacific
civilian and military security personnel to enhance
engagement of territorial and maritime security,
transnational and asymmetric threats, and defense sector
governance in the Indo-Pacific region. Training may also
include English-language training, human rights training,
rule of law and legal studies, security governance and
institution-building courses, and budget and procurement
training.
(b) Elements of Briefing.--The briefing required under
subsection (a) shall include--
(1) the objectives for establishing a multinational
regional security center in the region;
(2) the utility and feasibility of establishing such a
center, including the benefits and challenges of doing so;
(3) the resources required;
(4) whether alternative centers and programs exist to
provide the training and objectives specified in this
provision; and
(5) the manner in which such a center would improve and
strengthen cooperation with partner countries of the
Association for Southeast Asian Nations.
amendment no. 392 offered by mrs. wagner of missouri
At the appropriate place in subtitle A of title XII, insert
the following:
SEC. 12__. TRAINING FOR PARTICIPANTS IN PROFESSIONAL MILITARY
EDUCATION PROGRAMS.
Any foreign person participating in professional military
education programs authorized pursuant to section 541 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347) from funds
authorized to be appropriated or otherwise made available by
this Act shall also be required to participate in human
rights training.
amendment no. 393 offered by mr. walden of oregon
At the end of subtitle B of title V, add the following:
SEC. 520. TEMPORARY AUTHORITY TO USE AIR FORCE RESERVE
COMPONENT PERSONNEL TO PROVIDE TRAINING AND
INSTRUCTION REGARDING PILOT TRAINING.
(a) Authority.--
[[Page H5696]]
(1) In general.--During fiscal year 2020, the Secretary of
the Air Force may authorize personnel described in paragraph
(2) to provide training and instruction regarding pilot
training to the following:
(A) Members of the Armed Forces on active duty.
(B) Members of foreign military forces who are in the
United States.
(2) Personnel.--The personnel described in this paragraph
are the following:
(A) Members of the reserve components of the Air Force on
active Guard and Reserve duty (as that term is defined in
section 101(d) of title 10, United States Code) who are not
otherwise authorized to conduct the training described in
paragraph (1) due to the limitations in section 12310 of
title 10, United States Code.
(B) Members of the Air Force who are military technicians
(dual status) who are not otherwise authorized to conduct the
training described in paragraph (1) due to the limitations in
section 10216 of title 10, United States Code, and section
709(a) of title 32, United States Code.
(3) Limitation.--Not more than 50 members described in
paragraph (2) may provide training and instruction under the
authority in paragraph (1) at any one time.
(4) Federal tort claims act.--Members of the uniformed
services described in paragraph (2) who provide training and
instruction pursuant to the authority in paragraph (1) shall
be covered by the Federal Tort Claims Act for purposes of any
claim arising from the employment of such individuals under
that authority.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth a plan to
eliminate shortages in the number of pilot instructors within
the Air Force using authorities available to the Secretary
under current law.
amendment no. 394 offered by mrs. walorski of indiana
Page 733, after line 15, insert the following new section:
SEC. 1092. SENSE OF CONGRESS REGARDING MILITARY WORKING DOGS
AND SOLDIER HANDLERS.
(a) Congressional Findings.--The Congress finds that--
(1) the 341st Training Squadron, 37th Training Wing at
Lackland Air Force Base provides highly trained military
working dogs to the Department of Defense and other
government agencies;
(2) in 2010, the operational needs of the Army for military
working dogs increased without an increase in resources to
train a sufficient number of dogs for the detection of
improvised explosive devices at the 341st Training Squadron;
(3) the Army initiated the tactical explosive detection dog
program in August 2010 as a nontraditional military working
dog program to train and field improvised explosive device
detection dogs for use in Afghanistan as part of Operation
Enduring Freedom;
(4) the tactical explosive detection dog program was
created to reduce casualties from improvised explosive
devices in response to an increase in the use of asymmetric
weapons by the enemy;
(5) the tactical explosive detection dogs were a unique
subset of military working dogs because the Army selected and
trained soldiers from deploying units to serve as temporary
handlers for only the duration of deployment to Operation
Enduring Freedom;
(6) the tactical explosive detection dogs and their soldier
handlers, like other military working dog and handler teams,
formed strong bonds while training for combat and performing
extremely dangerous improvised explosive device detection
missions in service to the United States;
(7) the tactical explosive detection dog program was a
nontraditional military working dog program that terminated
in February 2014;
(8) at the termination of the tactical explosive detection
dog program in February 2014, neither United States law nor
Department of Defense policy established an adoption order
priority, and Department of Defense policy only provided that
military working dogs be adopted by former handlers, law
enforcement agencies, and other persons capable of humanely
caring for the animals;
(9) an August 2016 report to Congress by the Air Force
entitled ``Tactical Explosive Detector Dog (TEDD) Adoption
Report'' concluded that the Army had a limited transition
window for the disposition of tactical explosive detection
dogs and the lack of a formal comprehensive plan contributed
to the disorganized disposition process for the tactical
explosive detection dogs;
(10) the August 2016 report stated that, in 2014, the Army
disposed of 229 tactical explosive detection dogs;
(11) 40 tactical explosive detection dogs were adopted by
handlers, 47 dogs were adopted by private individuals, 70
dogs were transferred to Army units, 17 dogs were transferred
to other government agencies, 46 dogs were transferred to law
enforcement agencies, and 9 dogs were deceased;
(12) the disposition of tactical explosive detection dogs
was poorly executed, proper procedures outlined in Department
of Defense policy were ignored, and, as a result, the former
soldier handlers were not provided the opportunity to adopt
their tactical explosive detection dogs;
(13) the Army should have deliberately planned for the
disposition of the tactical explosive detection dogs and
provided appropriate time to review and consider adoption
applications to mitigate handler and civilian adoption
issues;
(14) section 342(b) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 793)
amended section 2583(c) of title 10, United States Code, to
modify the list of persons authorized to adopt a military
animal and prioritize the list with preference, respectively,
to former handlers, other persons capable of humanely caring
for the animal, and law enforcement agencies;
(15) since 2000, Congress has passed legislation that
protects military working dogs, promotes their welfare, and
recognizes the needs of their veteran handlers;
(16) Congress continues to provide oversight of military
working dogs to prevent a reoccurrence of the disposition
issues that affected tactical explosive detection dogs;
(17) former soldier handlers should be reunited with their
tactical explosive detection dogs;
(18) congressional recognition of the military service of
tactical explosive detection dogs and their former soldier
handlers is a small measure of gratitude this legislative
body can convey;
(19) over 4 years have passed since the termination of the
tactical explosive detection dog program;
(20) Congressman Walter B. Jones has been a long-time
advocate for military working dogs and their handlers;
(21) Congressman Walter B. Jones has worked to ensure that
handlers are given priority when their military working dogs
reach retirement;
(22) Congressman Walter B. Jones was a strong proponent of
the Wounded Warrior Service Dog program, which is a valuable
program that helps wounded members of the Armed Forces manage
and recover from post-traumatic stress;
(23) the advocacy of Congressman Walter B. Jones for
military working dogs is well known throughout the nonprofit
community that supports military working dogs;
(24) Congressman Walter B. Jones worked with the Department
of Defense and the Senate to update the language in the Air
Force Manual on Military Working Dogs to clarify that
military working dogs are not equipment and to indicates the
true level of appreciation and respect the Department of
Defense has for these valuable members of the military team;
(25) Congressman Walter B. Jones was the chief legislative
sponsor of the Military Working Dog Teams Monument, which was
built with no taxpayer dollars but through corporate and
private donations; and
(26) with the support of Congressman Walter B. Jones, the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181) authorized the Burnam Foundation to
design, fund, build, and maintain the Military Working Dog
Teams National Monument.
(b) Sense of Congress.--It is the sense of Congress to--
(1) recognize the efforts of Congressman Walter B. Jones to
promote military working dogs as unsung heroes on the
battlefield and in helping wounded warriors recover from
physical and mental injuries;
(2) recognize the service of military working dogs and
soldier handlers from the tactical explosive detection dog
program;
(3) acknowledge that not all tactical explosive detection
dogs were adopted by their former soldier handlers;
(4) encourage the Army and other government agencies,
including law enforcement agencies, with former tactical
explosive detection dogs to prioritize adoption to former
tactical explosive detection dog handlers; and
(5) honor the sacrifices made by tactical explosive
detection dogs and their soldier handlers in combat.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from Oklahoma (Ms. Kendra S. Horn) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentlewoman from Oklahoma.
Ms. KENDRA S. HORN of Oklahoma. Madam Chairwoman, I currently have no
speakers, and I reserve the balance of my time.
Mr. THORNBERRY. Madam Chair, I yield 1 minute to the distinguished
gentleman from Florida (Mr. Spano).
Mr. SPANO. Madam Chair, I thank Chairman Smith and Ranking Member
Thornberry for including amendment No. 341 in the en bloc package.
Madam Chair, I rise in strong support of amendment No. 341. This
bipartisan amendment introduced by Representative Schneider and me will
fully authorize the Boots to Business program, which ensures that our
veterans and their spouses receive essential education on how to start
and grow their own small businesses.
In the same way that we give our troops the tools that they need for
service, we must also prepare our veterans for civilian life. This
program has received broad support from many
[[Page H5697]]
of our veterans, and I strongly encourage my colleagues from both sides
of the aisle to come together in support of this bipartisan amendment
and give our veterans the training that they deserve.
Ms. KENDRA S. HORN of Oklahoma. Madam Chairwoman, I have no speakers,
and I reserve the balance of my time.
Mr. THORNBERRY. Madam Chair, I yield back the balance of my time.
Ms. KENDRA S. HORN of Oklahoma. Madam Chairwoman, I encourage my
colleagues to support the en bloc package, as well as the NDAA upon
final passage, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentlewoman from Oklahoma (Kendra S. Horn of Oklahoma).
The en bloc amendments were agreed to.
Amendments En Bloc No. 16 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Madam Chair, pursuant to House Resolution
476, I offer amendments en bloc No. 16.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 16 consisting of amendment Nos. 395, 396, 397,
398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412,
413, 414, 415, 416, 419, 420, 422, 426, 427, and 431 printed in part B
of House Report 116-143, offered by Mr. Smith of Washington:
Amendment No. 395 Offered by Ms. Waters of California
At the end of subtitle H of title V, add the following new
section:
SEC. 5__. INCREASE IN ASSISTANCE TO CERTAIN LOCAL EDUCATIONAL
AGENCIES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance,
Defense-Wide, as specified in the corresponding funding table
in section 4301, for Department of Defense Education
Activity, line 410 is hereby increased by $10,000,000 (with
the amount of such increase to be made available for support
to local educational agencies that serve military communities
and families).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in
the corresponding funding table in section 4101, for
shipbuilding and conversion, Navy, ship to shore connector,
line 024 is hereby reduced by $10,000,000.
Amendment No. 396 Offered by Ms. Waters of California
Page 293, after line 16, insert the following:
(D) An assessment of the pilot program's minority outreach
efforts, participation outcomes, and participation rates for
individuals specified under subsection (a).
Page 293, line 17, strike ``(D)'' and insert ``(E)''.
Amendment No. 397 Offered by Ms. Waters of California
Page 96, line 18, strike ``and'' at the end.
Page 96, line 24, strike the period at the end and insert
``; and''.
Page 96, after line 24, insert the following new paragraph:
(4) ensure that emerging technologies procured and used by
the military will be tested, as applicable, for algorithmic
bias and discriminatory outcomes.
Amendment No. 398 Offered by Mr. Welch of Vermont
Page 765, line 12, strike ``and''.
Page 765, line 16, strike the period and insert ``; and''.
Page 765, after line 16, add the following:
(C) by adding at the end the following:
``(9) Monitoring and evaluation measures relating to
asff.--A description of the monitoring and evaluation
measures that the Department of Defense and the Government of
Afghanistan are taking to ensure that funds of the
Afghanistan Security Forces Fund provided to the Government
of Afghanistan as direct government-to-government assistance
are not subject to waste, fraud, or abuse.''.
Amendment No. 399 Offered by Mr. Welch of Vermont
Page 868, after line 11, insert the following:
(e) Additional Reporting Requirements.--The Secretary of
Defense shall include in the materials submitted in support
of the budget for fiscal year 2021 that is submitted by the
President under section 1105(a) of title 31, United States
Code, each of the following:
(1) The amount of funding provided in fiscal year 2019
through the Afghanistan Security Forces Fund to the
Government of Afghanistan in the form of direct government-
to-government assistance or on-budget assistance for the
purposes of supporting any entity of such government,
including the Afghan National Defense and Security Forces,
the Afghan Ministry of Interior, or the Afghan Ministry of
Defense.
(2) The amount of funding provided and anticipated to be
provided, as of the date of the submission of the materials,
in fiscal year 2020 through such Fund in such form.
(3) To the extent the amount described in paragraph (2)
exceeds the amount described in paragraph (1), an explanation
as to the reason why the such amount is greater and the
specific entities and purposes that were supported by such
increase.
Amendment No. 400 Offered by Mr. Welch of Vermont
At the end of subtitle H of title V, add the following:
SEC. 580A. ASSISTANCE FOR DEPLOYMENT-RELATED SUPPORT OF
MEMBERS OF THE ARMED FORCES UNDERGOING
DEPLOYMENT AND THEIR FAMILIES BEYOND THE YELLOW
RIBBON REINTEGRATION PROGRAM.
Section 582 of the National Defense Authorization Act for
Fiscal Year 2008 (10 U.S.C. 10101 note) is amended--
(1) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k) Support Beyond Program.--The Secretary of Defense
shall provide funds to States, Territories, and government
entities to carry out programs, and other activities as the
Secretary considers appropriate, that provide deployment
cycle information, services, and referrals to members of the
armed forces, and their families, throughout the deployment
cycle. Such programs may include the provision of access to
outreach services, including the following:
``(1) Employment counseling.
``(2) Behavioral health counseling.
``(3) Suicide prevention.
``(4) Housing advocacy.
``(5) Financial counseling.
``(6) Referrals for the receipt of other related
services.''.
Amendment No. 401 Offered by Ms. Wexton of Virginia
At the end of subtitle B of title XVI, add the following
new section:
SEC. 1614. REPORT ON POTENTIAL DEFENSE INTELLIGENCE POLYGRAPH
EXAMINATION MILITARY TRANSITION PROGRAM.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional
committees a report assessing the feasibility of establishing
a Defense Intelligence Polygraph Examination Military
Transition Program for members of the Armed Forces
transitioning to civilian employment.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A review of the feasibility of establishing a program
in the Department of Defense under which members of the Armed
Forces with an active top secret security clearance that
provides for access to sensitive compartmented information
and a current counterintelligence scope polygraph examination
can be provided an opportunity to obtain an expanded scope
polygraph (ESP) if the member receives a written offer of
employment, subject to suitability or security vetting, with
an element of the intelligence community or a contractor of
such an element.
(2) The cost to the Department of Defense for implementing
such program and whether such cost could be shared by other
departments or agencies of the Federal Government or the
private sector.
(3) The factors the Department needs to consider in
determining whether such program would be viable.
(4) The obstacles that exist in implementing such program.
(5) Whether such a program could increase workforce
diversity in the intelligence community.
(6) Whether such a program could increase or decrease
retention among members of the Armed Forces serving in
defense intelligence roles.
(7) Whether any changes are required to be made to policies
of the Department or to Federal law to implement such a
program.
(8) Identification of the current average length of time in
the intelligence community to investigate and adjudicate an
initial and a periodic update top secret security clearance
that provides for access to sensitive compartmented
information and conduct an expanded scope polygraph.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
Amendment No. 402 Offered by Ms. Wild of Pennsylvania
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. PARTNERSHIPS WITH ACADEMIC HEALTH CENTERS.
The Assistant Secretary of Defense for Health Affairs shall
establish a University Affiliated Research Center and partner
with Academic Health Centers to focus on the unique
challenges wounded members of the Armed Forces experience. In
carrying out this section, the Assistant Secretary shall
emphasize research that reduces dependency on opioids,
develops novel pain management and mental health strategies,
and leverages
[[Page H5698]]
partnerships with industry and medical device manufacturers
to advance promising technologies for wounded members.
Amendment No. 403 Offered by Mr. Wittman of Virginia
At the end of title XXXV, add the following new subtitle:
Subtitle C--Cable Security Fleet
SEC. 3521. ESTABLISHMENT OF CABLE SECURITY FLEET.
(a) In General.--Title 46, United States Code, is amended
by inserting before chapter 533 the following new chapter:
``CHAPTER 532--CABLE SECURITY FLEET
``Sec.
``53201. Definitions.
``53202. Establishment of the Cable Security Fleet.
``53203. Award of operating agreements.
``53204. Effectiveness of operating agreements.
``53205. Obligations and rights under operating agreements.
``53206. Payments.
``53207. National security requirements.
``53208. Regulatory relief.
``53209. Authorization of appropriations.
``Sec. 53201. Definitions
``In this chapter:
``(1) Cable services.--The term `cable services' means the
installation, maintenance, or repair of submarine cables and
related equipment, and related cable vessel operations.
``(2) Cable vessel.--The term `cable vessel' means a
vessel--
``(A) classed as a cable ship or cable vessel by, and
designed in accordance with the rules of, the American Bureau
of Shipping, or another classification society accepted by
the Secretary; and
``(B) capable of installing, maintaining, and repairing
submarine cables.
``(3) Cable fleet.--The term `Cable Fleet' means the Cable
Security Fleet established under section 53202(a).
``(4) Contingency agreement.--The term `Contingency
Agreement' means the agreement required by section 53207.
``(5) Contractor.--The term `Contractor' means an owner or
operator of a vessel that enters into an Operating Agreement
for a cable vessel with the Secretary under section 53203.
``(6) Fiscal year.--The term `fiscal year' means any annual
period beginning on October 1 and ending on September 30.
``(7) Operating agency.--The term `Operating Agency' means
that agency or component of the Department of Defense so
designated by the Secretary of Defense under this chapter.
``(8) Operating agreement or agreement.--The terms
`Operating Agreement' or `Agreement' mean the agreement
required by section 53203.
``(9) Person.--The term `person' includes corporations,
partnerships, and associations existing under or authorized
by the laws of the United States, or any State, Territory,
District, or possession thereof, or of any foreign country.
``(10) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(11) United states.--The term `United States' includes
the States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, Guam, American
Samoa, and the Virgin Islands.
``(12) United states citizen trust.--
``(A) Subject to paragraph (C), the term `United States
citizen trust' means a trust that is qualified under this
paragraph.
``(B) A trust is qualified under this paragraph with
respect to a vessel only if--
``(i) it was created under the laws of a state of the
United States;
``(ii) each of the trustees is a citizen of the United
States; and
``(iii) the application for documentation of the vessel
under chapter 121 of this title includes the affidavit of
each trustee stating that the trustee is not aware of any
reason involving a beneficiary of the trust that is not a
citizen of the United States, or involving any other person
that is not a citizen of the United States, as a result of
which the beneficiary or other person would hold more than 25
percent of the aggregate power to influence, or limit the
exercise of the authority of, the trustee with respect to
matters involving any ownership or operation of the vessel
that may adversely affect the interests of the United States.
``(C) If any person that is not a citizen of the United
States has authority to direct, or participate in directing,
the trustee for a trust in matters involving any ownership or
operation of the vessel that may adversely affect the
interests of the United States or in removing a trustee for a
trust without cause, either directly or indirectly through
the control of another person, the trust is not qualified
under this paragraph unless the trust instrument provides
that persons who are not citizens of the United States may
not hold more than 25 percent of the aggregate authority to
direct or remove a trustee.
``(D) This paragraph shall not be considered to prohibit a
person who is not a citizen of the United States from holding
more than 25 percent of the beneficial interest in a trust.
``Sec. 53202. Establishment of the Cable Security Fleet
``(a) In General.--
``(1) The Secretary, in consultation with the Operating
Agency, shall establish a fleet of active, commercially
viable, cable vessels to meet national security requirements.
The fleet shall consist of privately owned, United States-
documented cable vessels for which there are in effect
Operating Agreements under this chapter, and shall be known
as the Cable Security Fleet.
``(2) The Fleet described under this section shall include
two vessels.
``(b) Vessel Eligibility.--A cable vessel is eligible to be
included in the Fleet if--
``(1) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (c);
``(2) the vessel is operated (or in the case of a vessel to
be constructed, will be operated) in commercial service
providing cable services;
``(3) the vessel is 40 years of age or less on the date the
vessel is included in the Fleet;
``(4) the vessel is--
``(A) determined by the Operating Agency to be suitable for
engaging in cable services by the United States in the
interest of national security; and
``(B) determined by the Secretary to be commercially
viable, whether independently or taking any payments which
are the consequence of participation in the Cable Fleet into
account; and
``(5) the vessel--
``(A) is a United States-documented vessel; or
``(B) is not a United States-documented vessel, but--
``(i) the owner of the vessel has demonstrated an intent to
have the vessel documented under chapter 121 of this title if
it is included in the Cable Fleet; and
``(ii) at the time an Operating Agreement is entered into
under this chapter, the vessel is eligible for documentation
under chapter 121 of this title.
``(c) Requirements Regarding Citizenship of Owners and
Operators.--
``(1) Vessels owned and operated by section 50501
citizens.--A vessel meets the requirements of this paragraph
if, during the period of an Operating Agreement under this
chapter that applies to the vessel, the vessel will be owned
and operated by one or more persons that are citizens of the
United states under section 50501 of this title.
``(2) Vessels owned by a section 50501 citizen, or united
states citizen trust, and chartered to a documentation
citizen.--A vessel meets the requirements of this paragraph
if--
``(A) during the period of an Operating Agreement under
this chapter that applies to the vessel, the vessel will be--
``(i) owned by a person that is a citizen of the United
States under section 50501 of this title or that is a United
States citizen trust; and
``(ii) demise chartered to and operated by a person--
``(I) that is eligible to document the vessel under chapter
121 of this title;
``(II) the chairman of the board of directors, chief
executive officer, and a majority of the members of the board
of directors of which are citizens of the United States under
section 50501 of this title, and are appointed and subject to
removal only upon approval by the Secretary; and
``(III) that certifies to the Secretary that there are no
treaties, statutes, regulations, or other laws that would
prohibit the Contractor for the vessel from performing its
obligations under an Operating Agreement under this chapter;
``(B) in the case of a vessel that will be demise chartered
to a person that is owned or controlled by another person
that is not a citizen of the United States under section
50501 of this title, the other person enters into an
agreement with the Secretary not to influence the operation
of the vessel in a manner that will adversely affect the
interests of the United States; and
``(C) the Secretary and the Operating Agency notify the
Committee on Armed Services and the Committee on Commerce,
Science and Transportation of the Senate, and the Committee
on Armed Services of the House of Representatives that they
concur, and have reviewed the certification required under
subparagraph (A)(ii)(III) and determined that there are no
legal, operational, or other impediments that would prohibit
the Contractor for the vessel from performing its obligations
under an Operating Agreement under this chapter.
``(3) Vessel owned and operated by a defense contractor.--A
vessel meets the requirements of this paragraph if--
``(A) during the period of an Operating Agreement under
this chapter that applies to the vessel, the vessel will be
owned and operated by a person that--
``(i) is eligible to document a vessel under chapter 121 of
this title;
``(ii) operates or manages other United States-documented
vessels for the Secretary of Defense, or charters other
vessels to the Secretary of Defense;
``(iii) has entered into a special security agreement for
purposes of this paragraph with the Secretary of Defense;
``(iv) makes the certification described in paragraph
(2)(A)(ii)(III); and
``(v) in the case of a vessel described in paragraph
(2)(B), enters into an agreement referred to in that
paragraph; and
``(B) the Secretary and the Secretary of Defense notify the
Committee on Armed Services and Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Armed Services of the House of Representatives that they
have reviewed the certification required by subparagraph
(A)(iv) and determined that there are no other legal,
operational, or other impediments that would prohibit the
Contractor for
[[Page H5699]]
the vessel from performing its obligations under an Operating
Agreement under this chapter.
``(4) Vessel owned by a documentation citizen and chartered
to a section 50501 citizen.--A vessel meets the requirements
of this paragraph if, during the period of an Operating
Agreement under this chapter that applies to the vessel, the
vessel will be--
``(A) owned by a person that is eligible to document a
vessel under chapter 121 of this title; and
``(B) demise chartered to a person that is a citizen of the
United States under section 50501 of this title.
``(d) Vessel Standards.--
``(1) Certificate of inspection.--A cable vessel which the
Secretary of the Department in which the Coast Guard is
operating determines meets the criteria of subsection (b) of
this section but which, on the date of enactment of the Act,
is not documented under chapter 121 of this title, shall be
eligible for a certificate of inspection if that Secretary
determines that--
``(A) the vessel is classed by, and designed in accordance
with the rules of, the American Bureau of Shipping, or
another classification society accepted by that Secretary;
``(B) the vessel complies with applicable international
agreements and associated guidelines, as determined by the
country in which the vessel was documented immediately before
becoming documented under chapter 121; and
``(C) that country has not been identified by that
Secretary as inadequately enforcing international vessel
regulations as to that vessel.
``(2) Continued eligibility for certificate.--Paragraph (1)
does not apply to a vessel after any date on which the vessel
fails to comply with the applicable international agreements
and associated guidelines referred to in paragraph (1)(B).
``(3) Reliance on classification society.--
``(A) In general.--The Secretary of the Department in which
the Coast Guard is operating may rely on a certification from
the American Bureau of Shipping or, subject to subparagraph
(B), another classification society accepted by that
Secretary to establish that a vessel is in compliance with
the requirements of paragraphs (1) and (2).
``(B) Foreign classification society.--The Secretary of the
Department in which the Coast Guard is operating may accept
certification from a foreign classification society under
subparagraph (A) only--
``(i) to the extent that the government of the foreign
country in which the society is headquartered provides access
on a reciprocal basis to the American Bureau of Shipping; and
``(ii) if the foreign classification society has offices
and maintains records in the United States.
``(e) Waiver of Age Registration.--The Secretary, in
conjunction with the Operating Agency, may waive the
application of the age restriction under subsection (b)(3) if
they jointly determine that the waiver--
``(1) is in the national interest;
``(2) the subject cable vessel and any associated operating
network is and will continue to be economically viable; and
``(3) is necessary due to the lack of availability of other
vessels and operators that comply with the requirements of
this chapter.
``Sec. 53203. Award of operating agreements
``(a) In General.--The Secretary shall require, as a
condition of including any vessel in the Cable Fleet, that
the person that is the owner or operator of the vessel for
purposes of section 53202(c) enter into an Operating
Agreement with the Secretary under this section.
``(b) Procedure for Applications.--
``(1) Acceptance of applications.--Beginning no later than
60 days after the effective date of this chapter, the
Secretary shall accept applications for enrollment of vessels
in the Cable Fleet.
``(2) Action on applications.--Within 120 days after
receipt of an application for enrollment of a vessel in the
Cable Fleet, the Secretary shall approve the application in
conjunction with the Operating Agency, and shall enter into
an Operating Agreement with the applicant, or provide in
writing the reason for denial of that application.
``(c) Priority for Awarding Agreements.--Subject to the
availability of appropriations, the Secretary shall enter
into Operating Agreements with those vessels determined by
the Operating Agency, in its sole discretion, to best meet
the national security requirements of the United States.
After consideration of national security requirements,
priority shall be given to an applicant that is a United
States citizen under section 50501 of this title.
``Sec. 53204. Effectiveness of operating agreements
``(a) Effectiveness Generally.--The Secretary may enter
into an Operating Agreement under this chapter for fiscal
year 2021. Except as provided in subsection (d), the
agreement shall be effective only for one fiscal year, but
shall be renewable, subject to available appropriations, for
each subsequent year.
``(b) Vessels Under Charter to the United States.--Vessels
under charter to the United States are eligible to receive
payments pursuant to their Operating Agreements.
``(c) Termination.--
``(1) Termination by the secretary.--If the Contractor with
respect to an Operating Agreement materially fails to comply
with the terms of the Agreement--
``(A) the Secretary shall notify the Contractor and provide
a reasonable opportunity for it to comply with the Operating
Agreement;
``(B) the Secretary shall terminate the Operating Agreement
if the Contractor fails to achieve such compliance; and
``(C) upon such termination, any funds obligated by the
Agreement shall be available to the Secretary to carry out
this chapter.
``(2) Early termination by a contractor.--An Operating
Agreement under this chapter shall terminate on a date
specified by the Contractor if the Contractor notifies the
Secretary, not fewer than 60 days prior to the effective date
of the termination, that the Contractor intends to terminate
the Agreement.
``(d) Nonrenewal for Lack of Funds.--If, by the first day
of a fiscal year, sufficient funds have not been appropriated
under the authority provided by this chapter for that fiscal
year for all Operating Agreements, then the Secretary shall
notify the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services of the House of Representatives
that Operating Agreements authorized under this chapter for
which sufficient funds are not available will not be renewed
for that fiscal year if sufficient funds are not appropriated
by the 60th day of that fiscal year. If only partial funding
is appropriated by the 60th day of such fiscal year, then the
Secretary, in consultation with the Operating Agency, shall
select the vessels to retain under Operating Agreements,
based on their determinations of which vessels are most
useful for national security. In the event that no funds are
appropriated, then no Operating Agreements shall be renewed
and each Contractor shall be released from its obligations
under the Operating Agreement. Final payments under an
Operating Agreement that is not renewed shall be made in
accordance with section 53206. To the extent that sufficient
funds are appropriated in a subsequent fiscal year, an
Operating Agreement that has not been renewed pursuant to
this subsection may be reinstated if mutually acceptable to
the Secretary, in consultation with the Operating Agency, and
the Contractor, provided the vessel remains eligible for
participation pursuant to section 53202, without regard to
subsection 53202 (b)(3).
``(e) Release of Vessels From Obligations.--If funds are
not appropriated for payments under an Operating Agreement
under this chapter for any fiscal year by the 60th day of a
fiscal year, and the Secretary, in consultation with the
Operating Agency determines to not renew a Contractor's
Operating Agreement for a vessel, then--
``(1) each vessel covered by the Operating Agreement that
is not renewed is thereby released from any further
obligation under the Operating Agreement;
``(2) the owner or operator of the vessel whose Operating
Agreement was not renewed may transfer and register such
vessel under a foreign registry that is acceptable to the
Secretary and the Operating Agency, notwithstanding section
56101 of this title; and
``(3) if chapter 563 of this title is applicable to such
vessel after registration, then the vessel is available to be
requisitioned by the Secretary pursuant to chapter 563.
``Sec. 53205. Obligations and rights under operating
agreements
``(a) Operation of Vessel.--An Operating Agreement under
this chapter shall require that, during the period the vessel
is operating under the Agreement, the vessel--
``(1) shall be operated in the trade for Cable Services, or
under a charter to the United States; and
``(2) shall be documented under chapter 121 of this title.
``(b) Annual Payments by the Secretary.--
``(1) In general.--An Operating Agreement under this
chapter shall require, subject to the availability of
appropriations, that the Secretary make payment to the
Contractor in accordance with section 53206.
``(2) Operating agreement is an obligation of the united
states government.--An Operating Agreement under this chapter
constitutes a contractual obligation of the United States
Government to pay the amounts provided for in the Operating
Agreement to the extent of actual appropriations.
``(c) Documentation Requirement.--Each vessel covered by an
Operating Agreement (including an Agreement terminated under
section 53204(c)(2)) shall remain documented under chapter
121 of this title, until the date the Operating Agreement
would terminate according to its own terms.
``(d) National Security Requirements.--
``(1) In general.--A Contractor with respect to an
Operating Agreement (including an Agreement terminated under
section 53204(c)(2)) shall continue to be bound by the
provisions of section 53207 until the date the Operating
Agreement would terminate according to its terms.
``(2) Contingency agreement with operating agency.--All
terms and conditions of a Contingency Agreement entered into
under section 53207 shall remain in effect until a date the
Operating Agreement would terminate according to its terms,
except that the terms of such Contingency Agreement may be
modified by the mutual consent of the Contractor, and the
Operating Agency.
[[Page H5700]]
``(e) Transfer of Operating Agreements.--Operating
Agreements shall not be transferrable by the Contractor.
``(f) Replacement Vessel.--A Contractor may replace a
vessel under an Operating Agreement with another vessel that
is eligible to be included in the Fleet under section
53202(b), if the Secretary and the Operating Agency jointly
determine that the replacement vessel meets national security
requirements and approve the replacement.
``Sec. 53206. Payments
``(a) Annual Payment.--
``(1) In general.--The Secretary, subject to availability
of appropriations and other provisions of this section, shall
pay to the Contractor for an operating agreement, for each
vessel that is covered by the operating agreement, an amount
equal to $5,000,000 for each fiscal year 2021 through 2035.
``(2) Timing.--This amount shall be paid in equal monthly
installments at the end of each month. The amount shall not
be reduced except as provided by this section.
``(b) Certification Required for Payment.--As a condition
of receiving payment under this section for a fiscal year for
a vessel, the Contractor for the vessel shall certify that
the vessel has been and will be operated in accordance with
section 53205(a)(1) for 365 days in each fiscal year. Up to
thirty (30) days during which the vessel is drydocked,
surveyed, inspected, or repaired shall be considered days of
operation for purposes of this subsection.
``(c) General Limitations.--The Secretary shall not make
any payment under this chapter for a vessel with respect to
any days for which the vessel is--
``(1) not operated or maintained in accordance with an
Operating Agreement under this chapter; or
``(2) more than 40 years of age.
``(d) Reductions in Payments.--With respect to payments
under this chapter for a vessel covered by an Operating
Agreement, the Secretary shall make a pro rata reduction for
each day less than 365 in a fiscal year that the vessel is
not operated in accordance with section 53205(a)(1), with
days during which the vessel is drydocked or undergoing
survey, inspection or repair to be considered days on which
the vessel is operated as provided in subsection (b).
``Sec. 53207. National security requirements
``(a) Contingency Agreement Required.--The Secretary shall
include in each Operating Agreement under this chapter a
requirement that the Contractor enter into a Contingency
Agreement with the Operating Agency. The Operating Agency
shall negotiate and enter into a Contingency Agreement with
each Contractor as promptly as practicable after the
Contractor has entered into an Operating Agreement under this
chapter.
``(b) Terms of Contingency Agreement.--
``(1) In general.--A Contingency Agreement under this
section shall require that a Contractor for a vessel covered
by an Operating Agreement under this chapter make the vessel,
including all necessary resources to engage in Cable Services
required by the Operating Agency, available upon request by
the Operating Agency.
``(2) Terms.--
``(A) In general.--The basic terms of a Contingency
Agreement shall be established (subject to subparagraph (B))
by the Operating Agency.
``(B) Additional terms.--The Operating Agency and a
Contractor may agree to additional or modifying terms
appropriate to the Contractor's circumstances.
``(c) Defense Measures Against Unauthorized Seizures.--
``(1) The Contingency Agreement shall require that any
vessel operating under the direction of the Operating Agency
operating in area that is designated by the Coast Guard as an
area of high risk of piracy shall be equipped with, at a
minimum, appropriate non-lethal defense measures to protect
the vessel and crew from unauthorized seizure at sea.
``(2) The Secretary of Defense and the Secretary of the
department in which the Coast Guard is operating shall
jointly prescribe the non-lethal defense measures that are
required under this paragraph.
``(d) Participation After Expiration of Operating
Agreement.--Except as provided by section 53205(d), the
Operating Agency may not require, through a Contingency
Agreement or an Operating Agreement, that a Contractor
continue to participate in a Contingency Agreement after the
Operating Agreement with the Contractor has expired according
to its terms or is otherwise no longer in effect.
``(e) Resources Made Available.--The resources to be made
available in addition to the vessel under a Contingency
Agreement shall include all equipment, personnel, supplies,
management services, and other related services as the
Operating Agency may determine to be necessary to provide the
Cable Services required by the Operating Agency.
``(f) Compensation.--
``(1) In general.--The Operating Agency shall include in
each Contingency Agreement provisions under which the
Operating Agency shall pay fair and reasonable compensation
for use of the vessel and all Cable Services provided
pursuant to this section and the Contingency Agreement.
``(2) Specific requirements.--Compensation under this
subsection--
``(A) shall be at the rate specified in the Contingency
Agreement;
``(B) shall be provided from the time that a vessel is
required by the Operating Agency under the Contingency
Agreement until the time it is made available by the
Operating Agency available to reenter commercial service; and
``(C) shall be in addition to and shall not in any way
reflect amounts payable under section 53206.
``(g) Liability of the United States for Damages.--
``(1) Limitation on the liability of the u.s.--Except as
otherwise provided by law, the Government shall not be liable
for disruption of a Contractor's commercial business or other
consequential damages to a Contractor arising from the
activation of the Contingency Agreement.
``(2) Affirmative defense.--In any action in any Federal or
State court for breach of third-party contract, there shall
be available as an affirmative defense that the alleged
breach of contract was caused predominantly by action taken
to carry out a Contingent Agreement. Such defense shall not
release the party asserting it from any obligation under
applicable law to mitigate damages to the greatest extent
possible.
``Sec. 53208. Regulatory relief
``(a) Applicability of Coastwise Laws.--A vessel covered by
an Operating Agreement that is operating pursuant to a
Contingency Agreement, shall not be subject to the coastwise
laws (46 U.S.C. 55101, et seq.).
``(b) Telecommunications Equipment.--The telecommunications
and other electronic equipment on an existing vessel that is
redocumented under the laws of the United States for
operation under an Operating Agreement under this chapter
shall be deemed to satisfy all Federal Communication
Commission equipment certification requirements, if--
``(1) such equipment complies with all applicable
international agreements and associated guidelines as
determined by the country in which the vessel was documented
immediately before becoming documented under the laws of the
United States;
``(2) that country has not been identified by the Secretary
of the Department in which the Coast Guard is operating as
inadequately enforcing international regulations as to that
vessel; and
``(3) at the end of its useful life, such equipment shall
be replaced with equipment that meets Federal Communication
Commission equipment certification standards.
``Sec. 53209. Authorization of appropriations
``There are authorized to be appropriated for payments
under section 53206, $10,000,000 for each of the fiscal years
2021 through 2035.''.
(b) Conforming Amendment.--The table of chapters at the
beginning of subtitle V of title 46, United States Code, is
amended by inserting before the item relating to chapter 533
the following new item:
``532. Cable Security Fleet................................53201''.....
Amendment No. 404 Offered by Mr. Yoho of Florida
Page 476, strike line 5 through line 12.
Page 476, line 13, strike ``(c)'' and insert ``(b)''.
Page 476, line 16, strike ``that'' and insert ``that--''.
Page 476, line 16, strike ``the operation'' and all that
follows through ``United States.'' on line 17 and insert the
following:
(1) the operation or procurement is required in the
national interest of the United States;
(2) counter-UAS surrogate testing and training; or
(3) intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training.
Page 476, line 13, strike ``(d)'' and insert ``(c)''.
Amendment No. 405 Offered by Mr. Young of Alaska
At the end of subtitle H of title X, insert the following:
SEC. 10__. DESIGNATION OF DEPARTMENT OF DEFENSE STRATEGIC
ARCTIC PORTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic is a region of strategic importance to the
national security interests of the United States and the
Department of Defense must better align its presence, force
posture, and capabilities to meet the growing array of
challenges in the region; and
(2) although much progress has been made to increase
awareness of Arctic issues and to promote increased presence
in the region, additional measures, including the designation
of one or more strategic Arctic ports, are needed to show the
commitment of the United States to this emerging strategic
choke point of future great power competition.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
the Commanding General of the United States Army Corps of
Engineers, the Commandant of the Coast Guard, and the
Administrator of the Maritime Administration, shall submit to
the congressional defense committees a report evaluating
potential sites for one or more strategic ports in the
Arctic.
(2) Elements.--Consistent with the updated military
strategy for the protection of United States national
security interests in the Arctic region set forth in the
report required under section 1071 of the National Defense
Authorization Act for Fiscal Year 2019
[[Page H5701]]
(Public Law 114-92; 129 Stat. 992), the report required under
paragraph (1) shall include--
(A) an evaluation of the amount of sufficient and suitable
space needed to create capacity for port and other necessary
infrastructure for at least one of each of type of Navy or
Coast Guard vessel, including an Arleigh Burke class
destroyer of the Navy, a national security cutter, and a
heavy polar ice breaker of the Coast Guard;
(B) an evaluation of the amount of sufficient and suitable
space needed to create capacity for equipment and fuel
storage, technological infrastructure, and civil
infrastructure to support military and civilian operations,
including--
(i) aerospace warning;
(ii) maritime surface and subsurface warning;
(iii) maritime control and defense;
(iv) maritime domain awareness;
(v) homeland defense;
(vi) defense support to civil authorities;
(vii) humanitarian relief;
(viii) search and rescue;
(ix) disaster relief;
(x) oil spill response;
(xi) medical stabilization and evacuation; and
(xii) meteorological measurements and forecasting;
(C) an identification of proximity and road access required
to an airport designated as a commercial service airport by
the Federal Aviation Administration that is capable of
supporting military and civilian aircraft for operations
designated in subparagraph (B);
(D) a description of the requirements, to include
infrastructure and installations, communications, and
logistics necessary to improve response effectiveness to
support military and civilian operations described in
subparagraph (B);
(E) an identification of the sites that the Secretary
recommends as potential sites for designation as Department
of Defense Strategic Arctic Ports;
(F) the estimated cost of sufficient construction necessary
to initiate and sustain expected operations at such sites;
and
(G) such other information as the Secretary deems relevant.
(c) Designation of Strategic Arctic Ports.--Not later than
90 days after the date on which the report required under
subsection (b) is submitted, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
the Commanding General of the United States Army Corps of
Engineers, the Commandant of the Coast Guard, and the
Administrator of the Maritime Administration, may designate
one or more ports as Department of Defense Strategic Arctic
Ports from the sites identified under subsection (b)(2)(E).
(d) Rule of Construction.--Nothing in this section may be
construed to authorize any additional appropriations for the
Department of Defense for the establishment of any port
designated pursuant to this section.
(e) Arctic Defined.--In this section, the term ``Arctic''
has the meaning given that term in section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111).
Amendment No. 406 Offered by Mr. Young of Alaska
At the end of subtitle G of title X, insert the following:
SEC. 10__. PLAN TO INCREASE AND EXPAND COLD WEATHER TRAINING.
(a) Findings.--Congress makes the following findings:
(1) The strategic importance of the Arctic continues to
increase as the United States and other countries recognize
the military and economic importance of the region. However,
the operational capabilities of the United States Armed
Forces in extreme cold weather or Arctic environments have
atrophied when compared to regional adversaries.
(2) The 2018 national defense strategy stated ``The central
challenge to U.S. prosperity and security is the reemergence
of long-term, strategic competition by what the National
Security Strategy classifies as revisionist powers.''
(3) The Government of the Russian Federation-
(A) has made significant military investments in the
Arctic, including the creation of an Arctic Command, the
Northern Fleet Joint Strategic Command;
(B) has emplaced an Air Defense Missile Regiment throughout
the Arctic;
(C) has invested in the construction or refurbishment of 16
deepwater ports and 14 airfields in the region and has
conducted significant military exercises.
(b) Sense of Congress.--It is the sense of Congress that
the Arctic is a region of strategic importance to the
national security interests of the United States and the
Department of the Army must increase and expand its cold
weather training capabilities to ensure that United States
Armed Forces can operate in Arctic conditions necessary to
compete against a near peer adversary and to execute the
national defense strategy of the United States.
(c) Assessment Required.--The Secretary of the Army shall--
(1) conduct an assessment of cold weather training
requirements in light of increased operations and
vulnerability to great power competition in the Arctic; and
(2) develop a plan to increase and expand cold weather
training opportunities.
(d) Elements.--In conducting the assessment and developing
the plan as required under subsection (c), the Secretary
shall--
(1) assess all existing cold weather training requirements
to include requirements for extreme cold, or Arctic
conditions;
(2) identify capability gaps in confronting adversaries in
the Arctic that can be addressed by increased and improved
training;
(3) make recommendations for strengthening and improving
those training requirements and mitigation measures needed to
address the capabilities gaps necessary to confront
adversaries;
(4) assess existing cold weather training sites;
(5) consider steps necessary to increase student capacity
at such sites;
(6) consider manpower and supply requirements, including
cadre needed to support increased student capacity; and
(7) address any other matters the Secretary of the Army
considers relevant.
(e) Submittal to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the
Army shall submit to the Committees on Armed Services of the
Senate and the House of Representatives the plan required by
subsection (c).
Amendment No. 407 Offered by Mr. Young of Alaska
At the end of subtitle E of title XII, add the following:
SEC. _. CHINESE FOREIGN DIRECT INVESTMENT IN COUNTRIES OF THE
ARCTIC REGION.
(a) Findings.--Congress finds the following:
(1) China is projecting a physical presence in the Arctic
through upgrading to advanced icebreakers, utilizing the
Arctic Ocean more regularly through subsidizing arctic
shipping, deploying unmanned ice stations, and engaging in
large and sophisticated data collection efforts in countries
of the Arctic region, including Iceland, Greenland, and
Canada.
(2) The 2017 Center for Naval Analysis (CNA) report
``Unconstrained Foreign Direct Investment: An Emerging
Challenge to Arctic Security'' concluded that China has been
actively engaged in economies of countries of the Arctic
region.
(3) The CNA report documented a pattern of strategic
investment by China in the economies of countries of the
Arctic region, including the United States, Canada,
Greenland, Iceland, Norway, and Russia, in areas such as raw
land, oil and gas, minerals, and infrastructure.
(4) Chinese investments in countries of the Arctic region
are significant. For instance, Chinese foreign direct
investment constituted nearly 12 percent of Greenland's gross
domestic product for the period from 2012 to 2017.
(5) China's 2018 Arctic Policy White Paper documented the
Chinese intent to create a ``Polar Silk Road'' in the Arctic.
(6) China's ``Polar Silk Road'' is an extension of China's
Belt and Road Initiative (BRI).
(7) China is increasingly using the BRI as the impetus for
increasing People's Liberation Army deployments to regions
where China has significant investments, primarily through
BRI.
(8) China has demonstrated an interest in using BRI to gain
military access to strategic regions.
(9) Understanding how China's foreign direct investment in
countries of the Arctic region affects such countries is
critical to understanding the degree to which China is able
to access the region.
(b) Independent Study.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Secretary of Defense shall seek to
enter into a contract with a federally-funded research and
development center described in paragraph (2) to complete an
independent study of Chinese foreign direct investment in
countries of the Arctic region, with a focus on the effects
of such foreign direct investment on United States national
security and near-peer competition in the Arctic region.
(2) Federally-funded research and development center
described.--A federally-funded research and development
center described in this paragraph is a federally-funded
research and development center that--
(A) has access to relevant data and demonstrated data-sets
regarding foreign direct investment in the Arctic region; and
(B) has access to policy experts throughout the United
States and the Arctic region.
(c) Elements.--The study required by subsection (b) shall
include the following:
(1) Projects in the Arctic that are directly or indirectly
funded by public and private Chinese entities, to--
(A) build public infrastructure;
(B) finance of infrastructure;
(C) lease mineral and oil and gas leases;
(D) purchase real estate;
(E) extract or process, including smelting, minerals and
oil and gas;
(F) engage in shipping or to own and operate or construct
shipping infrastructure, including ship construction;
(G) lay undersea cables; and
(H) manufacture, own or operate telecommunications
capabilities and infrastructure.
(2) An analysis the legal environment in which Chinese
foreign direct investment are occurring in the United States,
Russia, Canada, Greenland, Norway, and Iceland. The analysis
should include--
[[Page H5702]]
(A) an assessment of the efficacy of mechanisms for
screening foreign direct investment in the United States,
Russia, Canada, Greenland, Norway, and Iceland;
(B) an assessment of the degree to which there is
transparency in Chinese foreign direct investment in
countries of the Arctic region;
(C) an assessment of the criteria used to assess potential
Chinese foreign direct investment in countries of the Arctic
region;
(D) an assessment of the efficacy of methods for monitoring
approved Chinese foreign direct investment in countries of
the Arctic region; and
(E) an assessment of public reporting of the decision to
approve such Chinese foreign direct investment.
(3) A comparison of Chinese foreign direct investment in
countries of the Arctic region to other countries with major
investments in such countries, including India, Japan, South
Korea, the Netherlands, and France.
(4) An assessment of the environmental impact of past
Chinese investments in oil and gas, mineral, and
infrastructure projects in the Arctic region, including the
degree to which Chinese investors are required to comply with
local environmental laws and post bonds to assure remediation
if a project becomes bankrupt.
(5) A review of the 2018 Chinese Arctic Policy and other
relevant public and nonpublic Chinese policy documents to
determine the following:
(A) China's strategic objectives in the Arctic region from
a military, economic, territorial, and political perspective.
(B) China's goals in the Arctic region with respect to its
relations with the United States and Russia, including the
degree to which activities of China in the region are an
extension of China's strategic competition with the United
States.
(C) Whether any active or planned infrastructure
investments are likely to result in a regular presence of
Chinese military vessels or the establishment of military
bases in the Arctic region.
(D) The extent to which Chinese research activities in the
Arctic region are a front for economic activities, including
illegal economic espionage, intelligence gathering, and
support for future Chinese military activities in the region.
(E) The degree to which Arctic littoral states are
susceptible to the political and economic risks of
unregulated foreign direct investment.
(F) The vulnerability of semi-autonomous regions, such as
tribal lands, to Chinese foreign direct investment, including
the influence of legal controls and political or economic
manipulation with respect to such vulnerability.
(G) The implications of China's Arctic development and
participation model with respect to forecasting China's
military, economy, territorial, and political activities.
(6) Policy and legislative recommendations to enhance the
position of the United States in affairs of the Arctic
region, including--
(A) recommendations for how the United States would best
interact with nongovernmental organizations such as the World
Bank, Arctic Council, United Nations General Assembly, and
International Maritime Organization;
(B) recommendation to pursue or not pursue the formation of
an Arctic Development Bank and, if pursued, how to organize,
fund, and operate the bank;
(C) measures the United States can take to promote regional
governance and eliminate the soft-power influence from
Chinese foreign direct investment, in particular, steps where
the United States and Russia should cooperate; and
(D) the possibility of negotiating a regional arrangement
to regulate foreign direct investment in countries of the
Arctic region.
(d) Report to Department of Defense.--Not later than 720
days after the date of the enactment of this Act, the
federally-funded research and development center with respect
to which the Secretary of Defense has entered into a contract
under subsection (b) shall submit to the Secretary a report
containing the study under subsections (b) and (c).
(e) Report to Congress.--Not later than 750 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees the
report under subsection (d), without change.
(f) Appropriate Congressional Committee Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Transportation and Infrastructure of the House of
Representatives.
Amendment No. 408 Offered by Mr. McCarthy of California
In section 232, redesignate subsections (b) through (e) as
subsections (c) through (f), respectively.
In section 232, insert after subsection (a) the following:
(b) Earthquake-damaged Infrastructure Restoration Master
Plan.--
(1) In general.--In the case of any base damaged by the
July 2019 earthquakes within the R-2508 Special Use Airspace
Complex (including U.S. Air Force Plant 42), the Secretary of
Defense shall complete and submit to the congressional
defense committees the master plan required by subsection
(a), by not later than October 1, 2019. If additional funding
is required to repair or improve the installations' research,
development, test, evaluation, training, and related
infrastructure to a modern standard as a result of damage
caused by the earthquakes, the request for funding shall be
made in either a disaster or supplemental appropriations
request to Congress or the Secretary of Defense shall include
the request for funding in the annual budget submission of
the President under section 1105(a) of title 31, United
States Code, whichever comes first. The request for
additional funding may be included in both requests if
appropriate.
(2) Policy of the united states.--
(A) Sense of congress.--It is the sense of Congress that--
(i) the military installations located within the R-2508
Special Use Airspace Complex, including Edwards Air Force
Base, Fort Irwin, and Naval Air Weapons Station China Lake,
are national assets of critical importance to our country's
defense system;
(ii) the R-2508 Special Use Airspace Complex is comprised
of all airspace and associated land used and managed by the
412 Test Wing at Edwards Air Force Base, the National
Training Center at Fort Irwin, and the Naval Air Warfare
Center Weapons Division at China Lake, California;
(iii) the essential research, development, test, and
evaluation missions conducted at Edwards Air Force Base and
Naval Air Weapons Station China Lake, along with the critical
combat preparation training conducted at Fort Irwin, make
these installations vital cornerstones within our National
Defense architecture integrating all operational domains,
air, land, sea, space, and cyberspace;
(iv) any damage to these military installations caused by
the earthquakes and the negative impact on the installations'
missions as a result are a cause for concern;
(v) the proud men and women, both in uniform and their
civilian counterparts, who work at these military
installations develop, test, and evaluate the best tools and
impart the training needed for our warfighters, so that our
military remains second to none;
(vi) in light of the earthquakes in July 2019, the
Secretary of Defense should reprogram or marshal, to the
fullest extent the law allows, all available resources that
are necessary and appropriate to ensure--
(I) the safety and security of the base employees, both
civilian and those in uniform, including those who have been
evacuated;
(II) the bases are mission capable; and
(III) that all the damage caused by any earthquake is
repaired and improved as expeditiously as possible.
(B) Policy.--It is the policy of the United States, when
planning or making repairs on military installations damaged
by natural disasters, the current and future requirements of
these military installations, as identified in the National
Defense Strategy, shall, to the fullest extent practical, be
made.
Page 1052, line 13, strike ``Pursuant to'' and insert the
following:
(a) Navy Authorization.--Subject to subsection (c),
pursuant to
Page 1052, after the table insert the following:
(b) Authorized Navy Construction Projects.--In addition to
the projects authorized under subsection (a) and subject to
subsection (c), pursuant to section 2802 of title 10, United
States Code, the Secretary of Defense may carry out military
construction projects, including planning and design related
to military construction projects, at facilities damaged by
earthquakes or other natural disasters in 2019, in the amount
of $100,000,000.
(c) Report Required as a Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees
on Armed Services of the House of Representatives and the
Senate a report containing a plan to carry out the military
construction projects authorized by this section. The plan
shall include an explanation of how each military
construction project will incorporate mitigation measures
that reduce the threat from natural disasters, including a
list of any areas in which there is a variance from the local
building requirements and an explanation of the reason for
the variance. The plan shall also include a Department of
Defense Form 1391 for each proposed project. The Secretary
may not commence a project until the report required from the
Secretary has been submitted.
(d) Revision of Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 3001(b) for military construction
projects carried out under this section, as specified in the
corresponding funding table in section 4601, is hereby
increased by $100,000,000, to be available for the purpose
specified in subsection (b).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 2403 for Defense Agencies planning
and design at various worldwide locations, as specified in
the corresponding funding table in section 4601, is hereby
reduced by $40,000,000.
(3) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 2403 for Defense Agencies unspecified
minor construction at various worldwide locations, as
specified in the corresponding
[[Page H5703]]
funding table in section 4601, is hereby reduced by
$10,000,000.
(4) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 2304 for Air Force planning and
design at various worldwide locations, as specified in the
corresponding funding table in section 4601, is hereby
reduced by $20,000,000.
(5) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 2103 for Army planning and design at
various worldwide locations, as specified in the
corresponding funding table in section 4601, is hereby
reduced by $20,000,000.
(6) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 2204 for Navy planning and design at
various worldwide locations, as specified in the
corresponding funding table in section 4601, is hereby
reduced by $10,000,000.
Amendment No. 409 Offered by Ms. Sherrill of New Jersey
Add at the end of subtitle A of title VII the following new
section:
SEC. 7___. AUTHORIZATION OF APPROPRIATIONS FOR TRICARE LEAD
SCREENING AND TESTING FOR CHILDREN.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program,
as specified in the corresponding funding table in section
4501, for Undistributed, TRICARE lead level screening and
testing for children, is hereby increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for Procurement of Wheeled and
Tracked Combat Vehicles, Army, as specified in the
corresponding funding table in section 4101, for Bradley
Program (Mod) is hereby reduced by $5,000,000.
Amendment No. 411 Offered by Mr. LaMalfa of California
At the end of title XXVIII, add the following new section:
SEC. 28__. RESTRICTIONS ON REHABILITATION OF OVER-THE-HORIZON
BACKSCATTER RADAR SYSTEM RECEIVING STATION,
MODOC COUNTY, CALIFORNIA.
(a) Restrictions.--Except as provided in subsection (b),
the Secretary of the Air Force may not use any funds or
resources of the Department of the Air Force to carry out the
rehabilitation of the obsolete Over-the-Horizon Backscatter
Radar System receiving station located in Modoc National
Forest in the State of California
(b) Exception for Removal of Perimeter Fence.--
Notwithstanding subsection (a), the Secretary of the Air
Force may use funds and resources of the Department of the
Air Force--
(1) to remove the perimeter fence, which was treated with
an arsenic-based weatherproof coating, surrounding the Over-
the-Horizon Backscatter Radar System receiving station
referred to in such subsection; and
(2) to carry out the mitigation of soil contamination
associated with such fence.
(c) Sunset.--The restrictions in subsection (a) shall
terminate on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2021.
Amendment No. 412 Offered by Mrs. Luria of Virginia
At the end of title XI, add the following (and amend the
table of contents accordingly):
SEC. 1113. REIMBURSEMENT FOR FEDERAL, STATE, AND LOCAL INCOME
TAXES INCURRED DURING TRAVEL, TRANSPORTATION,
AND RELOCATION.
(a) In General.--Section 5724b of title 5, United States
Code, is amended--
(1) in the section heading, by striking ``of employees
transferred'';
(2) in subsection (a)--
(A) in the first sentence, by striking ``employee, or by an
employee and such employee's spouse (if filing jointly), for
any moving or storage'' and inserting ``individual, or by an
individual and such individual's spouse (if filing jointly),
for any travel, transportation, or relocation''; and
(B) in the second sentence, by striking ``employee'' and
inserting ``individual, or the individual''; and
(3) by striking subsection (b) and inserting the following:
``(b) For purposes of this section, the term `travel,
transportation, or relocation expenses' means all travel,
transportation, or relocation expenses reimbursed or
furnished in kind pursuant to this subchapter.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 57 of title 5, United States Code, is
amended by striking the item relating to section 5724b and
inserting the following:
``5724b. Taxes on reimbursements for travel, transportation, and
relocation expenses''.
(c) Effective Date.--The amendments made by this section
shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to travel, transportation, or relocation expenses
incurred on or after that date.
Amendment No. 413 Offered by Mr. Phillips of Minnesota
At the end of subtitle A of title XII, add the following:
SEC. _. REPORT ON PLAN TO TRANSFER FUNDS IN CONNECTION WITH
THE PROVISION OF SUPPORT UNDER SECTION 385 OF
TITLE 10, UNITED STATES CODE.
(a) In General.--The Secretary of Defense shall submit to
the appropriate congressional committees a report on its plan
to transfer funds in connection with the provision of support
under section 385 of title 10, United States Code, for fiscal
year 2020.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) a list of foreign assistance programs and activities
that should receive support under such authority on a
priority basis, including foreign assistance programs and
activities of the United States Agency for International
Development and the Department of State; and
(2) a justification for providing such support to such
programs and activities, including as to how such programs
and activities relate to the National Security Strategy and
National Military Strategy.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
Amendment No. 414 Offered by Ms. Porter of California
At the end of subtitle C of title VII, add the following:
SEC. 7___. STUDY ON USE OF ROUTINE NEUROIMAGING MODALITIES IN
DIAGNOSIS, TREATMENT, AND PREVENTION OF BRAIN
INJURY DUE TO BLAST PRESSURE EXPOSURE DURING
COMBAT AND TRAINING.
(a) In General.--The Secretary of Defense shall conduct a
study on the feasibility and effectiveness of the use of
routine neuroimaging modalities in the diagnosis, treatment,
and prevention of brain injury among members of the Armed
Forces due to one or more blast pressure exposures during
combat and training.
(b) Reports.--
(1) Interim report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives an interim report on the methods and
action plan for the study under subsection (a).
(2) Final report.--Not later than two years after the date
on which the Secretary begins the study under subsection (a),
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the results of such study.
Amendment No. 415 Offered by Ms. Porter of California
At the end of subtitle G of title VIII, add the following:
SEC. 8__. COMPTROLLER GENERAL REPORT ON DEFENSE BUSINESS
PROCESSES.
The Comptroller General of the United States shall submit
to the congressional defense committees a report on the use
of defense business processes (as described under section
2222 of title 10, United States Code) that includes--
(1) an analysis of the extent to which the Department of
Defense is developing a culture that recognizes the
importance of business processes to achieving operational
success;
(2) an analysis of the extent to which the Department of
Defense components are implementing business process
reengineering initiatives necessary to achieving improved
financial management;
(3) an analysis of the quality of financial management
training provided to employees of the Department; and
(4) an identification of the steps taken by the Department
of the Defense to institutionalize a culture that recognizes
the importance of financial management.
Amendment No. 416 Offered by Mr. Tonko of New York
Page 733, after line 15, add the following new section:
SEC. 10__. FUNDING LIMITATION FOR THE ERIE CANALWAY NATIONAL
HERITAGE CORRIDOR.
Section 810(a)(1) of the Erie Canalway National Heritage
Corridor Act (Public Law 106-554; 114 Stat. 2763A-303) is
amended, in the second sentence, by striking ``$12,000,000''
and inserting ``$14,000,000''.
Amendment No. 419 Offered by Mr. Cunningham of South Carolina
At the end of subtitle A of title XXVIII, add the following
new section:
SEC. 28__. TECHNICAL CORRECTIONS AND IMPROVEMENTS TO DEFENSE
ACCESS ROAD RESILIENCE.
Section 210 of title 23, United States Code, is amended--
(1) in subsection (a), by striking ``(a)(1) The Secretary''
and all that follows through the end of paragraph (1) and
inserting the following:
``(a) Authorization.--
``(1) In general.--When defense access roads are certified
to the Secretary as important to the national defense by the
Secretary
[[Page H5704]]
of Defense or such other official as the President may
designate, the Secretary is authorized, out of the funds
appropriated for defense access roads, to provide for--
``(A) the construction and maintenance of defense access
roads (including bridges, tubes, tunnels, and culverts or
other hydraulic appurtenances on those roads) to--
``(i) military reservations;
``(ii) defense industry sites;
``(iii) air or sea ports that are necessary for or are
planned to be used for the deployment or sustainment of
members of the Armed Forces, equipment, or supplies; or
``(iv) sources of raw materials;
``(B) the reconstruction or enhancement of, or improvements
to, those roads to ensure the continued effective use of the
roads, regardless of current or projected increases in mean
tides, recurrent flooding, or other weather-related
conditions or natural disasters; and
``(C) replacing existing highways and highway connections
that are shut off from general public use by necessary
closures, closures due to mean sea level fluctuation and
flooding, or restrictions at--
``(i) military reservations;
``(ii) air or sea ports that are necessary for or are
planned to be used for the deployment or sustainment of
members of the Armed Forces, equipment, or supplies; or
``(iii) defense industry sites.'';
(2) in subsection (b), by striking ``the construction and
maintenance of'' and inserting ``construction,
reconstruction, resurfacing, restoration, rehabilitation, and
preservation of, or enhancements to,'';
(3) in subsection (c)--
(A) by striking ``him'' and inserting ``the Secretary'';
(B) by striking ``construction, maintenance, and repair
work'' and inserting ``activities for construction,
maintenance, reconstruction, enhancement, improvement, and
repair'';
(C) by striking ``therein'' and inserting ``in those
areas''; and
(D) by striking ``condition for such training purposes and
for repairing the damage caused to such highways by the
operations of men and equipment in such training.'' and
inserting the following: ``condition for--
``(1) that training; and
``(2) repairing the damage to those highways caused by--
``(A) weather-related events, increases in mean high tide
levels, recurrent flooding, or natural disasters; or
``(B) the operations of men and equipment in such
training.'';
(4) in subsection (g)--
(A) by striking ``he'' and inserting ``the Secretary'';
(B) by striking ``construction which has been'' and
inserting ``construction and other activities''; and
(C) by striking ``upon his demand'' and inserting ``upon
demand by the Secretary''; and
(5) by striking subsection (i) and inserting the following:
``(i) Repair of Certain Damages and Infrastructure.--The
funds appropriated to carry out this section may be used to
pay the cost of repairing damage caused, or any
infrastructure to mitigate a risk posed, to a defense access
road by recurrent or projected recurrent flooding, sea level
fluctuation, a natural disaster, or any other current or
projected change in applicable environmental conditions, if
the Secretary determines that continued access to a military
installation, defense industry site, air or sea port
necessary for or planned to be used for the deployment or
sustainment of members of the Armed Forces, equipment, or
supplies, or to a source of raw materials, has been or is
projected to be impacted by those events or conditions.''.
Amendment No. 420 Offered by Mr. Rose of New York
At the end of division A, add the following:
TITLE XVII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Fentanyl Sanctions Act''.
SEC. 1702. FINDINGS.
Congress makes the following findings:
(1) The Centers for Disease Control and Prevention estimate
that from September 2017 through September 2018 more than
48,200 people in the United States died from an opioid
overdose, with synthetic opioids (excluding methadone),
contributing to a record 31,900 overdose deaths. While drug
overdose death estimates from methadone, semi-synthetic
opioids, and heroin have decreased in recent months, overdose
deaths from synthetic opioids have continued to increase.
(2) Congress and the President have taken a number of
actions to combat the demand for illicit opioids in the
United States, including enacting into law the SUPPORT for
Patients and Communities Act (Public Law 115-271; 132 Stat.
3894). While new statutes and regulations have reduced the
rate of opioid prescriptions in recent years, fully
addressing the United States opioid crisis will involve
dramatically restricting the foreign supply of illicit
opioids.
(3) The People's Republic of China is the world's largest
producer of illicit fentanyl, fentanyl analogues, and their
immediate precursors. From the People's Republic of China,
those substances are shipped primarily through express
consignment carriers or international mail directly to the
United States, or, alternatively, shipped directly to
transnational criminal organizations in Mexico, Canada, and
the Caribbean.
(4) The United States and the People's Republic of China,
Mexico, and Canada have made important strides in combating
the illicit flow of opioids through bilateral efforts of
their respective law enforcement agencies.
(5) The objective of preventing the proliferation of
illicit opioids though existing multilateral and bilateral
initiatives requires additional efforts to deny illicit
actors the financial means to sustain their markets and
distribution networks.
(6) The implementation on May 1, 2019, of the regulations
of the People's Republic of China to schedule all fentanyl
analogues as controlled substances is a major step in
combating global opioid trafficking and represents a major
achievement in United States-China law enforcement dialogues.
However, that step will effectively fulfill the commitment
that President Xi Jinping of the People's Republic of China
made to President Donald Trump at the Group of Twenty meeting
in December 2018 only if the Government of the People's
Republic of China devotes sufficient resources to full
implementation and strict enforcement of the new regulations.
The effective enforcement of the new regulations should
result in diminished trafficking of illicit fentanyl
originating from the People's Republic of China into the
United States.
(7) While the Department of the Treasury used the Foreign
Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to
sanction the first synthetic opioid trafficking entity in
April 2018, additional economic and financial sanctions
policy tools are needed to help combat the flow of synthetic
opioids into the United States.
SEC. 1703. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should apply economic and other
financial sanctions to foreign traffickers of illicit opioids
to protect the national security, foreign policy, and economy
of the United States and the health of the people of the
United States;
(2) it is imperative that the People's Republic of China
follow through on full implementation of the new regulations,
adopted May 1, 2019, to treat all fentanyl analogues as
controlled substances under the laws of the People's Republic
of China, including by devoting sufficient resources for
implementation and strict enforcement of the new regulations;
and
(3) the effective enforcement of the new regulations should
result in diminished trafficking of illicit fentanyl
originating from the People's Republic of China into the
United States.
SEC. 1704. DEFINITIONS.
In this title:
(1) Alien; national; national of the united states.--The
terms ``alien'', ``national'', and ``national of the United
States'' have the meanings given those terms in section 101
of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, the Committee on
the Judiciary, the Select Committee on Intelligence, and the
majority leader and the minority leader of the Senate; and
(B) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Financial Services, the Committee
on Foreign Affairs, the Committee on Homeland Security, the
Committee on the Judiciary, the Committee on Oversight and
Reform, the Permanent Select Committee on Intelligence, and
the Speaker and the minority leader of the House of
Representatives.
(3) Controlled substance; listed chemical.--The terms
``controlled substance'', ``listed chemical'', ``narcotic
drug'', and ``opioid'' have the meanings given those terms in
section 102 of the Controlled Substances Act (21 U.S.C. 802).
(4) Entity.--The term ``entity'' means a partnership, joint
venture, association, corporation, organization, network,
group, or subgroup, or any form of business collaboration.
(5) Foreign opioid trafficker.--The term ``foreign opioid
trafficker'' means any foreign person that the President
determines plays a significant role in opioid trafficking.
(6) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign country; or
(ii) any entity not organized under the laws of the United
States or a jurisdiction within the United States; and
(B) does not include the government of a foreign country.
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Opioid trafficking.--The term ``opioid trafficking''
means any illicit activity--
(A) to produce, manufacture, distribute, sell, or knowingly
finance or transport illicit synthetic opioids, controlled
substances that are synthetic opioids, listed chemicals that
are synthetic opioids, or active pharmaceutical ingredients
or chemicals that are
[[Page H5705]]
used in the production of controlled substances that are
synthetic opioids;
(B) to attempt to carry out an activity described in
subparagraph (A); or
(C) to assist, abet, conspire, or collude with other
persons to carry out such an activity.
(9) Person.--The term ``person'' means an individual or
entity.
(10) United states person.--The term ``United States
person'' means--
(A) any citizen or national of the United States;
(B) any alien lawfully admitted for permanent residence in
the United States;
(C) any entity organized under the laws of the United
States or any jurisdiction within the United States
(including a foreign branch of such an entity); or
(D) any person located in the United States.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
SEC. 1711. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS.
(a) Public Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report--
(A) identifying the foreign persons that the President
determines are foreign opioid traffickers;
(B) detailing progress the President has made in
implementing this subtitle; and
(C) providing an update on cooperative efforts with the
Governments of Mexico and the People's Republic of China with
respect to combating foreign opioid traffickers.
(2) Identification of additional persons.--If, at any time
after submitting a report required by paragraph (1) and
before the submission of the next such report, the President
determines that a foreign person not identified in the report
is a foreign opioid trafficker, the President shall submit to
the appropriate congressional committees and leadership an
additional report containing the information required by
paragraph (1) with respect to the foreign person.
(3) Exclusion.--The President shall not be required to
include in a report under paragraph (1) or (2) any persons
with respect to which the United States has imposed sanctions
before the date of the report under this subtitle or any
other provision of law with respect to opioid trafficking.
(4) Form of report.--
(A) In general.--Each report required by paragraph (1) or
(2) shall be submitted in unclassified form but may include a
classified annex.
(B) Availability to public.--The unclassified portion of a
report required by paragraph (1) or (2) shall be made
available to the public.
(b) Classified Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report, in classified
form--
(A) describing in detail the status of sanctions imposed
under this subtitle, including the personnel and resources
directed toward the imposition of such sanctions during the
preceding fiscal year;
(B) providing background information with respect to
persons newly identified as foreign opioid traffickers and
their illicit activities;
(C) describing actions the President intends to undertake
or has undertaken to implement this subtitle; and
(D) providing a strategy for identifying additional foreign
opioid traffickers.
(2) Effect on other reporting requirements.--The report
required by paragraph (1) is in addition to, and in no way
delimits or restricts, the obligations to keep Congress fully
and currently informed pursuant to the provisions of the
National Security Act of 1947 (50 U.S.C. 3001 et seq.).
(c) Submission of Reports.--Not later than 180 days after
the date of the enactment of this Act, and annually
thereafter until the date that is 5 years after such date of
enactment, the President shall submit the reports required by
subsections (a) and (b) to the appropriate congressional
committees and leadership.
(d) Exclusion of Certain Information.--
(1) Intelligence.--Notwithstanding any other provision of
this section, a report required by subsection (a) or (b)
shall not disclose the identity of any person if the Director
of National Intelligence determines that such disclosure
could compromise an intelligence operation, activity, source,
or method of the United States.
(2) Law enforcement.--Notwithstanding any other provision
of this section, a report required by subsection (a) or (b)
shall not disclose the identity of any person if the Attorney
General, in coordination, as appropriate, with the Director
of the Federal Bureau of Investigation, the Administrator of
the Drug Enforcement Administration, the Secretary of the
Treasury, the Secretary of State, and the head of any other
appropriate Federal law enforcement agency, determines that
such disclosure could reasonably be expected--
(A) to compromise the identity of a confidential source,
including a State, local, or foreign agency or authority or
any private institution that furnished information on a
confidential basis;
(B) to jeopardize the integrity or success of an ongoing
criminal investigation or prosecution;
(C) to endanger the life or physical safety of any person;
or
(D) to cause substantial harm to physical property.
(3) Notification required.--If the Director of National
Intelligence makes a determination under paragraph (1) or the
Attorney General makes a determination under paragraph (2),
the Director or the Attorney General, as the case may be,
shall notify the appropriate congressional committees and
leadership of the determination and the reasons for the
determination.
(4) Rule of construction.--Nothing in this section may be
construed to authorize or compel the disclosure of
information determined by the President to be law enforcement
information, classified information, national security
information, or other information the disclosure of which is
prohibited by any other provision of law.
(e) Provision of Information Required for Reports.--The
Secretary of the Treasury, the Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary
of Homeland Security, and the Director of National
Intelligence shall consult among themselves and provide to
the President and the Director of the Office of National Drug
Control Policy the appropriate and necessary information to
enable the President to submit the reports required by
subsection (a).
SEC. 1712. SENSE OF CONGRESS ON INTERNATIONAL OPIOID CONTROL
REGIME.
It is the sense of Congress that, in order to apply
economic and other financial sanctions to foreign traffickers
of illicit opioids to protect the national security, foreign
policy, and economy of the United States--
(1) the President should instruct the Secretary of State to
commence immediately diplomatic efforts, both in appropriate
international fora such as the United Nations, the Group of
Seven, the Group of Twenty, and trilaterally and bilaterally
with partners of the United States, to combat foreign opioid
trafficking, including by working to establish a multilateral
sanctions regime with respect to foreign opioid trafficking;
and
(2) the Secretary of State, in consultation with the
Secretary of the Treasury, should intensify efforts to
maintain and strengthen the coalition of countries formed to
combat foreign opioid trafficking.
SEC. 1713. IMPOSITION OF SANCTIONS.
The President shall impose five or more of the sanctions
described in section 1714 with respect to each foreign person
that is an entity, and four or more of such sanctions with
respect to each foreign person that is an individual, that--
(1) is identified as a foreign opioid trafficker in a
report submitted under section 1711(a); or
(2) the President determines is owned, controlled, directed
by, knowingly supplying or sourcing precursors for, or acting
for or on behalf of, such a foreign opioid trafficker.
SEC. 1714. DESCRIPTION OF SANCTIONS.
(a) In General.--The sanctions that may be imposed with
respect to a foreign person under section 1713 are the
following:
(1) Loans from united states financial institutions.--The
United States Government may prohibit any United States
financial institution from making loans or providing credits
to the foreign person.
(2) Prohibitions on financial institutions.--The following
prohibitions may be imposed with respect to a foreign person
that is a financial institution:
(A) Prohibition on designation as primary dealer.--Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, the financial
institution as a primary dealer in United States Government
debt instruments.
(B) Prohibition on service as a repository of government
funds.--The financial institution may not serve as agent of
the United States Government or serve as repository for
United States Government funds.
The imposition of either sanction under subparagraph (A) or
(B) shall be treated as one sanction for purposes of section
1713, and the imposition of both such sanctions shall be
treated as 2 sanctions for purposes of that section.
(3) Procurement ban.--The United States Government may not
procure, or enter into any contract for the procurement of,
any goods or services from the foreign person.
(4) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
person has any interest.
(5) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial
institutions or by, through, or to any financial institution,
to the extent that such transfers or payments are subject to
the jurisdiction of the United States and involve any
interest of the foreign person.
(6) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using, transferring,
withdrawing, or transporting any property that is subject to
the jurisdiction of the United States and with respect to
which the foreign person has any interest;
(B) dealing in or exercising any right, power, or privilege
with respect to such property; or
(C) conducting any transaction involving such property.
[[Page H5706]]
(7) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any
United States person from investing in or purchasing
significant amounts of equity or debt instruments of the
foreign person.
(8) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a
corporate officer or principal of, or a shareholder with a
controlling interest in, the foreign person.
(9) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the foreign person, or on individuals performing
similar functions and with similar authorities as such
officer or officers, any of the sanctions described in
paragraphs (1) through (8) that are applicable.
(b) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of any
regulation, license, or order issued to carry out subsection
(a) shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(c) Exceptions.--
(1) Intelligence and law enforcement activities.--Sanctions
under this section shall not apply with respect to--
(A) any activity subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.); or
(B) any authorized intelligence or law enforcement
activities of the United States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under subsection (a)(8) shall not apply
to an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force March 19, 1967, or
other applicable international obligations.
(d) Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry
out this section.
SEC. 1715. WAIVERS.
(a) Waiver for State-owned Entities in Countries That
Cooperate in Multilateral Anti-trafficking Efforts.--
(1) In general.--The President may waive for a period of
not more than 12 months the application of sanctions under
this subtitle with respect to an entity that is owned or
controlled, directly or indirectly, by a foreign government
or any political subdivision, agency, or instrumentality of a
foreign government, if, not less than 15 days before the
waiver is to take effect, the President certifies to the
appropriate congressional committees and leadership that the
foreign government is closely cooperating with the United
States in efforts to prevent opioid trafficking.
(2) Certification.--The President may certify under
paragraph (1) that a foreign government is closely
cooperating with the United States in efforts to prevent
opioid trafficking if that government is--
(A) implementing domestic laws to schedule all fentanyl
analogues as controlled substances; and
(B) doing two or more of the following:
(i) Implementing substantial improvements in regulations
involving the chemical and pharmaceutical production and
export of illicit opioids.
(ii) Implementing substantial improvements in judicial
regulations to combat transnational criminal organizations
that traffic opioids.
(iii) Increasing efforts to prosecute foreign opioid
traffickers.
(iv) Increasing intelligence sharing and law enforcement
cooperation with the United States with respect to opioid
trafficking.
(3) Subsequent renewal of waiver.--The President may renew
a waiver under paragraph (1) for subsequent periods of not
more than 12 months each if, not less than 15 days before the
renewal is to take effect, the Secretary of State certifies
to the appropriate congressional committees and leadership
that the government of the country to which the waiver
applies has effectively implemented and is effectively
enforcing the measures that formed the basis for the
certification under paragraph (2).
(b) Waivers for National Security and Access to
Prescription Medications.--
(1) In general.--The President may waive the application of
sanctions under this subtitle if the President determines
that the application of such sanctions would--
(A) cause a specific articulated harm or set of harms to a
specific articulated national security interest or set of
interests of the United States; or
(B) subject to paragraph (2), harm the access of United
States persons to prescription medications.
(2) Monitoring.--The President shall establish a monitoring
program to verify that a person that receives a waiver under
paragraph (1)(B) is not trafficking illicit opioids.
(3) Notification.--Not later than 15 days after making a
determination under paragraph (1), the President shall notify
the appropriate congressional committees and leadership of
the determination and the reasons for the determination.
(c) Humanitarian Waiver.--The President may waive, for
renewable periods of 180 days, the application of the
sanctions under this subtitle if the President certifies to
the appropriate congressional committees and leadership that
the waiver is necessary for the provision of humanitarian
assistance.
SEC. 1716. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED
INFORMATION.
(a) In General.--If a finding under this subtitle, or a
prohibition, condition, or penalty imposed as a result of any
such finding, is based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act
(18 U.S.C. App.)) and a court reviews the finding or the
imposition of the prohibition, condition, or penalty, the
President may submit such information to the court ex parte
and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed to--
(1) confer or imply any right to judicial review of any
finding under this subtitle, or any prohibition, condition,
or penalty imposed as a result of any such finding; and
(2) limit or restrict any other practice, procedure, right,
remedy, or safeguard that relates to the protection of
classified information and is available to the United States
in connection with any type of administrative hearing,
litigation, or other proceeding.
SEC. 1717. BRIEFINGS ON IMPLEMENTATION.
Not later than 90 days after the date of the enactment of
the Fentanyl Sanctions Act, and every 180 days thereafter
until the date that is 5 years after such date of enactment,
the President, acting through the Secretary of State and the
Director of National Intelligence, in coordination with the
Secretary of the Treasury, shall provide to the appropriate
congressional committees and leadership a comprehensive
briefing on efforts to implement this subtitle.
SEC. 1718. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL
NARCOTICS CONTROL STRATEGY REPORT.
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(a)) is amended by adding at the end the
following:
``(9)(A) An assessment conducted by the Secretary of State,
in consultation with the Secretary of the Treasury and the
Director of National Intelligence, of the extent to which any
diplomatic efforts described in section 1712 of the Fentanyl
Sanctions Act have been successful.
``(B) Each assessment required by subparagraph (A) shall
include an identification of--
``(i) the countries the governments of which have agreed to
undertake measures to apply economic or other financial
sanctions to foreign traffickers of illicit opioids and a
description of those measures; and
``(ii) the countries the governments of which have not
agreed to measures described in clause (i), and, with respect
to those countries, other measures the Secretary of State
recommends that the United States take to apply economic and
other financial sanctions to foreign traffickers of illicit
opioids.''.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
SEC. 1721. COMMISSION ON COMBATING SYNTHETIC OPIOID
TRAFFICKING.
(a) Establishment.--
(1) In general.--There is established a commission to
develop a consensus on a strategic approach to combating the
flow of synthetic opioids into the United States.
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``Commission on Synthetic
Opioid Trafficking'' (in this section referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Director of the Office of National Drug Control
Policy.
(ii) The Administrator of the Drug Enforcement
Administration.
(iii) The Secretary of Homeland Security.
(iv) The Secretary of Defense.
(v) The Secretary of the Treasury.
(vi) The Secretary of State.
(vii) The Director of National Intelligence
(viii) Two members appointed by the majority leader of the
Senate, one of whom shall be a Member of the Senate and one
of whom shall not be.
(ix) Two members appointed by the minority leader of the
Senate, one of whom shall be a Member of the Senate and one
of whom shall not be.
(x) Two members appointed by the Speaker of the House of
Representatives, one of whom shall be a Member of the House
of Representatives and one of whom shall not be.
(xi) Two members appointed by the minority leader of the
House of Representatives, one of whom shall be a Member of
the House of Representatives and one of whom shall not be.
[[Page H5707]]
(B)(i) The members of the Commission who are not Members of
Congress and who are appointed under clauses (viii) through
(xi) of subparagraph (A) shall be individuals who are
nationally recognized for expertise, knowledge, or experience
in--
(I) transnational criminal organizations conducting
synthetic opioid trafficking;
(II) the production, manufacturing, distribution, sale, or
transportation of synthetic opioids; or
(III) relations between--
(aa) the United States; and
(bb) the People's Republic of China, Mexico, or any other
country of concern with respect to trafficking in synthetic
opioids.
(ii) An official who appoints members of the Commission may
not appoint an individual as a member of the Commission if
the individual possesses any personal or financial interest
in the discharge of any of the duties of the Commission.
(iii)(I) All members of the Commission described in clause
(i) shall possess an appropriate security clearance in
accordance with applicable provisions of law concerning the
handling of classified information.
(II) For the purpose of facilitating the activities of the
Commission, the Director of National Intelligence shall
expedite to the fullest degree possible the processing of
security clearances that are necessary for members of the
Commission.
(2) Co-chairs.--
(A) In general.--The Commission shall have 2 co-chairs,
selected from among the members of the Commission, one of
whom shall be a member of the majority party and one of whom
shall be a member of the minority party.
(B) Selection.--The individuals who serve as the co-chairs
of the Commission shall be jointly agreed upon by the
President, the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives.
(c) Duties.--The duties of the Commission are as follows:
(1) To define the core objectives and priorities of the
strategic approach described in subsection (a)(1).
(2) To weigh the costs and benefits of various strategic
options to combat the flow of synthetic opioids from the
People's Republic of China, Mexico, and other countries.
(3) To evaluate whether the options described in paragraph
(2) are exclusive or complementary, the best means for
executing such options, and how the United States should
incorporate and implement such options within the strategic
approach described in subsection (a)(1).
(4) To review and make determinations on the difficult
choices present within such options, among them what norms-
based regimes the United States should seek to establish to
encourage the effective regulation of dangerous synthetic
opioids.
(5) To report on efforts by actors in the People's Republic
of China to subvert United States laws and to supply illicit
synthetic opioids to persons in the United States, including
up-to-date estimates of the scale of illicit synthetic
opioids flows from the People's Republic of China.
(6) To report on the deficiencies in the regulation of
pharmaceutical and chemical production of controlled
substances and export controls with respect to such
substances in the People's Republic of China and other
countries that allow opioid traffickers to subvert such
regulations and controls to traffic illicit opioids into the
United States.
(7) To report on the scale of contaminated or counterfeit
drugs originating from the People's Republic of China and
India.
(8) To report on how the United States could work more
effectively with provincial and local officials in the
People's Republic of China and other countries to combat the
illicit production of synthetic opioids.
(9) In weighing the options for defending the United States
against the dangers of trafficking in synthetic opioids, to
consider possible structures and authorities that need to be
established, revised, or augmented within the Federal
Government.
(d) Functioning of Commission.--The provisions of
subsections (c), (d), (e), (g), (h), and (i) of section 1652
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232) shall apply to the
Commission to the same extent and in the same manner as such
provisions apply to the commission established under that
section, except that--
(1) subsection (c)(1) of that section shall be applied and
administered by substituting ``30 days'' for ``45 days'';
(2) subsection (g)(4)(A) of that section shall be applied
and administered by inserting ``and the Attorney General''
after ``Secretary of Defense''; and
(3) subsections (h)(2)(A) and (i)(1)(A) of that section
shall be applied and administered by substituting ``level V
of the Executive Schedule under section 5316'' for ``level IV
of the Executive Schedule under section 5315''.
(e) Treatment of Information Furnished to Commission.--
(1) Information relating to national security.--
(A) Responsibility of director of national intelligence.--
The Director of National Intelligence shall assume
responsibility for the handling and disposition of any
information related to the national security of the United
States that is received, considered, or used by the
Commission under this section.
(B) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (g), only the
members and designated staff of the appropriate congressional
committees and leadership, the Director of National
Intelligence (and the designees of the Director), and such
other officials of the executive branch as the President may
designate shall have access to information related to the
national security of the United States that is received,
considered, or used by the Commission.
(2) Information provided by congress.--The Commission may
obtain information from any Member, committee, or office of
Congress, including information related to the national
security of the United States, only with the consent of the
Member, committee, or office involved and only in accordance
with any applicable rules and procedures of the House of
Representatives or Senate (as the case may be) governing the
provision of such information by Members, committees, and
offices of Congress to entities in the executive branch.
(f) Reports.--The Commission shall submit to the
appropriate congressional committees and leadership--
(1) not later than 270 days after the date of the enactment
of this Act, an initial report on the activities and
recommendations of the Commission under this section; and
(2) not later than 270 days after the submission of the
initial report under paragraph (1), a final report on the
activities and recommendations of the Commission under this
section.
(g) Termination.--
(1) In general.--The Commission, and all the authorities of
this section, shall terminate at the end of the 120-day
period beginning on the date on which the final report
required by subsection (f)(2) is submitted to the appropriate
congressional committees and leadership.
(2) Winding up of affairs.--The Commission may use the 120-
day period described in paragraph (1) for the purposes of
concluding its activities, including providing testimony to
Congress concerning the final report required by subsection
(f)(2) and disseminating the report.
Subtitle C--Other Matters
SEC. 1731. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE
OF INTELLIGENCE RESOURCES IN EFFORTS TO
SANCTION FOREIGN OPIOID TRAFFICKERS.
(a) Program Required.--
(1) In general.--The Director of National Intelligence
shall, in consultation with the Director of the Office of
National Drug Control Policy, carry out a program to allocate
and enhance use of resources of the intelligence community,
including intelligence collection and analysis, to assist the
Secretary of the Treasury, the Secretary of State, and the
Administrator of the Drug Enforcement Administration in
efforts to identify and impose sanctions with respect to
foreign opioid traffickers under subtitle A.
(2) Focus on illicit finance.--To the extent practicable,
efforts described in paragraph (1) shall--
(A) take into account specific illicit finance risks
related to narcotics trafficking; and
(B) be developed in consultation with the Undersecretary of
the Treasury for Terrorism and Financial Crimes, appropriate
officials of the Office of Intelligence and Analysis of the
Department of the Treasury, the Director of the Financial
Crimes Enforcement Network, and appropriate Federal law
enforcement agencies.
(b) Quarterly Reports on Program.--Not later than 90 days
after the date of the enactment of this Act, and every 90
days thereafter, the Director of National Intelligence, in
consultation with the Director of the Office of National Drug
Control Policy, shall submit to the appropriate congressional
committees and leadership a report on the status and
accomplishments of the program required by subsection (a)
during the 90-day period ending on the date of the report.
The first report under this paragraph shall also include a
description of the amount of funds devoted by the
intelligence community to the efforts described in subsection
(a) during each of fiscal years 2017 and 2018.
(c) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that
term in section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4)).
SEC. 1732. DEPARTMENT OF DEFENSE OPERATIONS AND ACTIVITIES.
(a) In General.--The Secretary of Defense is authorized to
carry out the operations and activities described in
subsection (b) for each of fiscal years 2020 through 2025.
(b) Operations and Activities.--The operations and
activities described in this subsection are the operations
and activities of the Department of Defense in support of any
other department or agency of the United States Government
solely for purposes of carrying out this title.
(c) Supplement Not Supplant.--Amounts made available to
carry out the operations and activities described in
subsection (b) shall supplement and not supplant other
amounts available to carry out the operations and activities
described in subsection (b).
(d) Notification Requirement.--Amounts made available to
carry out the operations
[[Page H5708]]
and activities described in subsection (b) may not be
obligated until 15 days after the date on which the President
notifies the appropriate committees of Congress of the
President's intention to obligate such funds.
(e) Concurrence of Secretary of State.--Operations and
activities described in subsection (b) carried out with
foreign persons shall be conducted with the concurrence of
the Secretary of State.
SEC. 1733. TERMINATION.
The provisions of this title, and any sanctions imposed
pursuant to this title, shall terminate on the date that is 7
years after the date of the enactment of this Act.
SEC. 1734. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or
a requirement to impose sanctions on the importation of
goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 1735. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
In this subtitle, the term ``appropriate committees of
Congress'' means--
(1) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
SEC. 1736. FUNDING.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D--
(1) the amount authorized to be appropriated in section 301
for Operation and Maintenance, Defense-Wide, as specified in
the corresponding funding table in section 4301, for the
Office of the Secretary of Defense, is hereby increased by
$5,000,000 for purposes of carrying out subtitle B (relating
to the Commission on Synthetic Opiod Trafficking); and
(2) the amount authorized to be appropriated for Counter-
Drug Activities, Defense-Wide, for Counter-Narcotics Support,
as specified in the corresponding funding table in section
4501, is hereby increased by $25,000,000 for purposes of
carrying out section 1732 (relating to Department of Defense
operations and activities).
(b) Offsets.--Notwithstanding the amounts set forth in the
funding tables in division D--
(1) the amount authorized to be appropriated in section 301
for Operations and Maintenance, Defense-Wide, as specified in
the corresponding funding table in section 4301, for the
Defense Security Cooperation Agency, line 310, is hereby
reduced by $14,000,000 for unjustified growth; and
(2) the amount authorized to be appropriated in section 101
for Procurement of Wheeled and Tracked Combat Vehicles, Army,
as specified in the corresponding funding table in section
4101, for Bradley Program (Mod), is hereby reduced by
$16,000,000.
amendment no. 422 offered by mr. barr of kentucky
At the end of title X, add the following:
Subtitle I--North Korea Nuclear Sanctions
SEC. 1092. SHORT TITLE.
This subtitle may be cited as the ``Otto Warmbier North
Korea Nuclear Sanctions Act of 2019''.
SEC. 1093. FINDINGS.
The Congress finds the following:
(1) On June 1, 2016, the Department of the Treasury's
Financial Crimes Enforcement Network announced a Notice of
Finding that the Democratic People's Republic of Korea is a
jurisdiction of primary money laundering concern due to its
use of state-controlled financial institutions and front
companies to support the proliferation and development of
weapons of mass destruction (WMD) and ballistic missiles.
(2) The Financial Action Task Force (FATF) has expressed
serious concerns with the threat posed by North Korea's
proliferation and financing of WMD, and has called on FATF
members to apply effective counter-measures to protect their
financial sectors from North Korean money laundering, WMD
proliferation financing, and the financing of terrorism.
(3) In its February 2017 report, the U.N. Panel of Experts
concluded that--
(A) North Korea continued to access the international
financial system in support of illicit activities despite
sanctions imposed by U.N. Security Council Resolutions 2270
(2016) and 2321 (2016);
(B) during the reporting period, no member state had
reported taking actions to freeze North Korean assets; and
(C) sanctions evasion by North Korea, combined with
inadequate compliance by member states, had significantly
negated the impact of U.N. Security Council resolutions.
(4) In its September 2017 report, the U.N. Panel of Experts
found that--
(A) North Korea continued to violate financial sanctions by
using agents acting abroad on the country's behalf;
(B) foreign financial institutions provided correspondent
banking services to North Korean persons and front companies
for illicit purposes;
(C) foreign companies violated sanctions by maintaining
links with North Korean financial institutions; and
(D) North Korea generated at least $270 million during the
reporting period through the violation of sectoral sanctions.
(5) North Korean entities engage in significant financial
transactions through foreign bank accounts that are
maintained by non-North Korean nationals, thereby masking
account users' identity in order to access financial
services.
(6) North Korea's sixth nuclear test on September 3, 2017,
demonstrated an estimated explosive power more than 100 times
greater than that generated by its first nuclear test in
2006.
(7) On February 23, 2018 the Department of the Treasury
announced its largest-ever set of North Korea-related
sanctions, with a particular focus on shipping and trading
companies, and issued a maritime advisory to highlight North
Korea's sanctions evasion tactics. On May 9, 2019, the United
States seized a North Korean ship, the Wise Honest, which had
previously been detained by Indonesia for carrying coal in
violation of United Nations sanctions.
(8) According to the March 2019 Final Report of the U.N.
Panel of Experts, ``The nuclear and ballistic missile
programmes of the Democratic People's Republic of Korea
remain intact and the country continues to defy Security
Council resolutions through a massive increase in illegal
ship-to-ship transfers of petroleum products and coal. These
violations render the latest United Nations sanctions
ineffective by flouting the caps on the import of petroleum
products and crude oil by the Democratic People's Republic of
Korea as well as the coal ban, imposed in 2017 by the
Security Council in response to the country's unprecedented
nuclear and ballistic missile testing.''.
(9) The U.N. Panel of Experts further concluded:
``Financial sanctions remain some of the most poorly
implemented and actively evaded measures of the sanctions
regime. Individuals empowered to act as extensions of
financial institutions of the Democratic People's Republic of
Korea operate in at least five countries with seeming
impunity.''.
(10) North Korea has successfully tested short-range,
submarine-launched, and intercontinental ballistic missiles,
and is rapidly progressing in its development of a nuclear-
armed missile that is capable of reaching United States
territory.
SEC. 1094. CONDITIONS WITH RESPECT TO CERTAIN ACCOUNTS AND
TRANSACTIONS AT UNITED STATES FINANCIAL
INSTITUTIONS.
(a) Correspondent and Payable-through Accounts Held by
Foreign Financial Institutions.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall prescribe regulations to prohibit, or impose strict
conditions on, the opening or maintaining in the United
States of a correspondent account or a payable-through
account by a foreign financial institution that the Secretary
finds knowingly facilitates a significant transaction or
provides significant financial services for a covered person.
(2) Penalties.--
(A) Civil penalty.--A person who violates, attempts to
violate, conspires to violate, or causes a violation of
regulations prescribed under this subsection shall be subject
to a civil penalty in an amount not to exceed the greater
of--
(i) $250,000; or
(ii) an amount that is twice the amount of the transaction
that is the basis of the violation with respect to which the
penalty is imposed.
(B) Criminal penalty.--A person who willfully commits,
willfully attempts to commit, or willfully conspires to
commit, or aids or abets in the commission of, a violation of
regulations prescribed under this subsection shall, upon
conviction, be fined not more than $1,000,000, or if a
natural person, may be imprisoned for not more than 20 years,
or both.
(b) Restrictions on Certain Transactions by United States
Financial Institutions.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall prescribe regulations to prohibit a United States
financial institution, and any person owned or controlled by
a United States financial institution, from knowingly
engaging in a significant transaction with or benefitting any
person that the Secretary finds to be a covered person.
(2) Civil penalty.--A person who violates, attempts to
violate, conspires to violate, or causes a violation of
regulations prescribed under this subsection shall be subject
to a civil penalty in an amount not to exceed the greater
of--
(A) $250,000; or
(B) an amount that is twice the amount of the transaction
that is the basis of the violation with respect to which the
penalty is imposed.
SEC. 1095. OPPOSITION TO ASSISTANCE BY THE INTERNATIONAL
FINANCIAL INSTITUTIONS AND THE EXPORT-IMPORT
BANK.
(a) International Financial Institutions.--The Bretton
Woods Agreements Act
[[Page H5709]]
(22 U.S.C. 286 et seq.) is amended by adding at the end the
following:
``SEC. 73. OPPOSITION TO ASSISTANCE FOR ANY GOVERNMENT THAT
FAILS TO IMPLEMENT SANCTIONS ON NORTH KOREA.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at the
international financial institutions (as defined under
section 1701(c) of the International Financial Institutions
Act) to use the voice and vote of the United States to oppose
the provision of financial assistance to a foreign
government, other than assistance to support basic human
needs, if the President determines that, in the year
preceding consideration of approval of such assistance, the
government has knowingly failed to prevent the provision of
financial services to, or freeze the funds, financial assets,
and economic resources of, a person described under
subparagraphs (A) through (E) of section 7(2) of the Otto
Warmbier North Korea Nuclear Sanctions Act of 2019.
``(b) Waiver.--The President may waive subsection (a) for
up to 180 days at a time with respect to a foreign government
if the President reports to Congress that--
``(1) the foreign government's failure described under (a)
is due exclusively to a lack of foreign government capacity;
``(2) the foreign government is taking effective steps to
prevent recurrence of such failure; or
``(3) such waiver is vital to the national security
interests of the United States.''.
(b) Export-Import Bank.--Section 2(b) of the Export-Import
Bank Act of 1945 (12 U.S.C. 635(b)) is amended by adding at
the end the following:
``(14) Prohibition on support involving persons connected
with north korea.--The Bank may not guarantee, insure, or
extend credit, or participate in the extension of credit in
connection with the export of a good or service to a covered
person (as defined under section 7 of the Otto Warmbier North
Korea Nuclear Sanctions Act of 2019).''.
SEC. 1096. TREASURY REPORTS ON COMPLIANCE, PENALTIES, AND
TECHNICAL ASSISTANCE.
(a) Semiannual Report.--
(1) In general.--Not later than 120 days following the date
of the enactment of this Act, and every 180 days thereafter,
the Secretary of the Treasury shall submit a report to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate that includes--
(A) a list of financial institutions that, in the period
since the preceding report, knowingly facilitated a
significant transaction or transactions or provided
significant financial services for a covered person;
(B) a list of any penalties imposed under section 3 in the
period since the preceding report; and
(C) a description of efforts by the Department of the
Treasury in the period since the preceding report, through
consultations, technical assistance, or other appropriate
activities, to strengthen the capacity of financial
institutions and foreign governments to prevent the provision
of financial services benefitting any covered person.
(2) Form of report; public availability.--
(A) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(B) Public availability.--The unclassified portion of such
report shall be made available to the public and posted on
the website of the Department of the Treasury.
(3) Sunset.--The report requirement under this subsection
shall terminate after the end of the 5-year period beginning
on the date of enactment of this Act.
(b) Testimony Required.--Upon request of the Committee on
Financial Services of the House of Representatives or the
Committee on Banking, Housing, and Urban Affairs of the
Senate, the Under Secretary of the Treasury for Terrorism and
Financial Intelligence shall testify to explain the effects
of this Act, and the amendments made by this Act, on North
Korea's access to illicit finance channels.
(c) International Monetary Fund.--Title XVI of the
International Financial Institutions Act (22 U.S.C. 262p et
seq.) is amended by adding at the end the following:
``SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL
MONETARY FUND TO PREVENT MONEY LAUNDERING AND
FINANCING OF TERRORISM.
``The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund
to support the increased use of the administrative budget of
the Fund for technical assistance that strengthens the
capacity of Fund members to prevent money laundering and the
financing of terrorism.''.
(d) National Advisory Council Report to Congress.--The
Chairman of the National Advisory Council on International
Monetary and Financial Policies shall include in the report
required by section 1701 of the International Financial
Institutions Act (22 U.S.C. 262r) a description of--
(1) the activities of the International Monetary Fund in
the most recently completed fiscal year to provide technical
assistance that strengthens the capacity of Fund members to
prevent money laundering and the financing of terrorism, and
the effectiveness of the assistance; and
(2) the efficacy of efforts by the United States to support
such technical assistance through the use of the Fund's
administrative budget, and the level of such support.
(e) Sunset.--Effective on the date that is the end of the
4-year period beginning on the date of enactment of this Act,
section 1629 of the International Financial Institutions Act,
as added by subsection (c), is repealed.
SEC. 1097. SUSPENSION AND TERMINATION OF PROHIBITIONS AND
PENALTIES.
(a) Suspension.--Except for any provision of section 1098,
the President may suspend, on a case-by-case basis, the
application of any provision of this subtitle, or provision
in an amendment made by this subtitle, with respect to an
entity, individual, or transaction, for a period of not more
than 180 days at a time if the President certifies to
Congress that--
(1) the Government of North Korea has--
(A) committed to the verifiable suspension of North Korea's
proliferation and testing of WMD, including systems designed
in whole or in part for the delivery of such weapons; and
(B) has agreed to multilateral talks including the
Government of the United States, with the goal of permanently
and verifiably limiting North Korea's WMD and ballistic
missile programs; or
(2) such suspension is vital to the national security
interests of the United States, with an explanation of the
reasons therefor.
(b) Termination.--
(1) In general.--On the date that is 30 days after the date
on which the President makes the certification described
under paragraph (2)--
(A) subsection (a), section 1094, and subsections (a) and
(b) of section 1096 shall cease to have any force or effect;
(B) section 73 of the Bretton Woods Agreements Act, as
added by section 4(a), shall be repealed; and
(C) section 2(b)(14) of the Export-Import Bank Act of 1945,
as added by section 4(b), shall be repealed.
(2) Certification.--The certification described under this
paragraph is a certification by the President to the Congress
that--
(A) the Government of North Korea--
(i) has ceased to pose a significant threat to national
security, with an explanation of the reasons therefor; or
(ii) is committed to, and is taking effective steps to
achieving, the goal of permanently and verifiably limiting
North Korea's WMD and ballistic missile programs; or
(B) such termination is vital to the national security
interests of the United States, with an explanation of the
reasons therefor.
SEC. 1098. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions authorized under this subtitle shall not include
the authority or requirement to impose sanctions on the
importation of goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or man-made substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 1099. DEFINITIONS.
For purposes of this subtitle:
(1) Terms related to north korea.--The terms ``applicable
Executive order'', ``Government of North Korea'', ``North
Korea'', ``North Korean person'', and ``significant
activities undermining cybersecurity'' have the meanings
given those terms, respectively, in section 3 of the North
Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9202).
(2) Covered person.--The term ``covered person'' means the
following:
(A) Any North Korean person designated under an applicable
Executive order.
(B) Any North Korean person that knowingly facilitates the
transfer of bulk cash or covered goods (as defined under
section 1027.100 of title 31, Code of Federal Regulations).
(C) Any North Korean financial institution.
(D) Any North Korean person employed outside of North
Korea, except that the Secretary of the Treasury may waive
the application of this subparagraph for a North Korean
person that is not otherwise a covered person and--
(i) has been granted asylum or refugee status by the
country of employment; or
(ii) is employed as essential diplomatic personnel for the
Government of North Korea.
(E) Any person acting on behalf of, or at the direction of,
a person described under subparagraphs (A) through (D).
(F) Any person that knowingly employs a person described
under subparagraph (D).
(G) Any person that knowingly facilitates the import of
goods, services, technology, or natural resources, including
energy imports and minerals, or their derivatives, from North
Korea.
(H) Any person that knowingly facilitates the export of
goods, services, technology, or natural resources, including
energy exports and minerals, or their derivatives, to North
Korea, except for food, medicine, or medical supplies
required for civilian humanitarian needs.
(I) Any person that knowingly invests in, or participates
in a joint venture with, an entity in which the Government of
North Korea participates or an entity that is created or
organized under North Korean law.
[[Page H5710]]
(J) Any person that knowingly provides financial services,
including through a subsidiary or joint venture, in North
Korea.
(K) Any person that knowingly insures, registers,
facilitates the registration of, or maintains insurance or a
registration for, a vessel owned, controlled, commanded, or
operated by a North Korean person.
(L) Any person knowingly providing specialized teaching,
training, or information or providing material or
technological support to a North Korean person that--
(i) may contribute to North Korea's development and
proliferation of WMD, including systems designed in whole or
in part for the delivery of such weapons; or
(ii) may contribute to significant activities undermining
cybersecurity.
(3) Financial institution definitions.--
(A) Financial institution.--The term ``financial
institution'' means a United States financial institution or
a foreign financial institution.
(B) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term under
section 1010.605 of title 31, Code of Federal Regulations.
(C) North korean financial institution.--The term ``North
Korean financial institution'' includes--
(i) any North Korean financial institution, as defined in
section 3 of the North Korea Sanctions and Policy Enhancement
Act of 2016 (22 U.S.C. 9202);
(ii) any financial agency, as defined in section 5312 of
title 31, United States Code, that is owned or controlled by
the Government of North Korea;
(iii) any money transmitting business, as defined in
section 5330(d) of title 31, United States Code, that is
owned or controlled by the Government of North Korea;
(iv) any financial institution that is a joint venture
between any person and the Government of North Korea; and
(v) any joint venture involving a North Korean financial
institution.
(D) United states financial institution.--The term ``United
States financial institution'' has the meaning given the term
``U.S. financial institution'' under section 510.310 of title
31, Code of Federal Regulations.
(4) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
amendment no. 426 offered by mr. engel of new york
At the end of subtitle G of title XII, add the following:
SEC. _. REPORT ON HOSTILITIES INVOLVING UNITED STATES ARMED
FORCES.
(a) In General.--The President shall report to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives within 48 hours any incident
in which United States Armed Forces are involved in an attack
or hostilities, including in an offensive or defensive
capacity, unless the President--
(1) reports the incident within 48 hours pursuant to
section 4 of the War Powers Resolution (50 U.S.C. 1543); or
(2) has determined prior to the incident and reported
pursuant to section 1264 of the National Defense
Authorization Act for Fiscal Year 2018 (50 U.S.C. 1549) that
the United States Armed Forces involved in the incident would
be operating under specific statutory authorization, within
the meaning of section 5(b) of the War Powers Resolution (50
U.S.C. 1544(b)).
(b) Matters to Be Included.--The report required by
subsection (a) shall include, for each such incident--
(1) the statutory and operational authorities under which
the United States Armed Forces were operating, including any
relevant executive orders and an identification of the
operational activities authorized under such executive
orders;
(2) the date, location, duration, and other parties
involved;
(3) a description of the United States Armed Forces
involved and the mission of such Armed Forces;
(4) the numbers of any combatant casualties and civilian
casualties; and
(5) any other information the President determines
appropriate.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
amendment no. 427 offered by mr. engel of new york
At the end of subtitle G of title XII, add the following:
SEC. __. REPORTS AND BRIEFINGS ON USE OF MILITARY FORCE AND
SUPPORT OF PARTNER FORCES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives a report on specific actions taken pursuant
to the Authorization for Use of Military Force (Public Law
107-40; 50 U.S.C. 1541 et seq.) and support for partner
forces against those nations or organizations described in
such law, during the preceding 180-day period.
(b) Matters to Be Included.--The report required by
subsection (a) shall include, with respect to the time period
for which the report was submitted, the following:
(1) A list of each nation or organization with respect to
which force has been used pursuant to the Authorization for
Use of Military Force, including the legal and factual basis
for the determination that authority under such law applies
with respect to each such nation or organization.
(2) An intelligence assessment of the risk to the United
States posed by each such nation or organization.
(3) A list of the countries in which operations were
conducted pursuant such law.
(4) A list of all lethal actions in which United States
Armed Forces participated, including--
(A) a delineation of whether any country in which such
action occurred was or was not designated as an area of
active hostilities;
(B) the number of lawfully targetable individuals injured
or killed and the number of high-value targets injured or
killed for each such specific instance of lethal action; and
(C) a description of the circumstances surrounding each
instance of a strike taken in Somalia, Yemen, and any other
country not designated an area of active hostilities that did
not target a high value target.
(5) A list of each partner force supported and each country
in which United States Armed Forces have commanded,
coordinated, participated in the movement of, accompanied, or
otherwise supported foreign forces, irregular forces, groups,
or individuals on operations in which such forces, groups or
individuals have engaged in hostilities, either offensively
or defensively, including--
(A) a delineation of instances in which such United States
Armed Forces were or were not operating under the
Authorization for Use of Military Force;
(B) the purpose for which the United States Armed Forces
were deployed to the country in which the use of force
occurred, including the program or funding authority under
which such Armed Forces were operating;
(C) a determination of whether the foreign forces,
irregular forces, groups, or individuals against which such
hostilities occurred are covered by the Authorization for Use
of Military Force;
(D) a description of the United States Armed Forces
involvement in such hostilities, including whether the Armed
Forces--
(i) directed the operation that led to hostilities, and, if
so, the objective of such operation;
(ii) accompanied the partner force at any point during the
mission or operation in which the hostilities occurred;
(iii) engaged directly in combat; or
(iv) provided intelligence, reconnaissance, or
surveillance, medivac, refueling, airlift, or any other type
of enabling support to the partner forces during hostilities.
(6) A description of the actual and proposed contributions,
including financing, equipment, training, troops, and
logistical support, provided by each foreign country that
participates in any international coalition with the United
States to combat a nation or organization described in the
Authorization for Use of Military Force.
(c) Form.--The information required under paragraphs (1)
and (2) of subsection (b) shall be submitted in unclassified
form.
(d) Other Reports.--If United States Armed Forces engage in
hostilities, offensively or defensively, against any nation,
organization, or person pursuant to statutory or
constitutional authorities other than Authorization for Use
of Military Force, the President shall comply with the
reporting requirements under--
(1) this section to the same extent and in the same manner
as if such actions had been taken under Authorization for Use
of Military Force;
(2) the War Powers Resolution (50 U.S.C. 1541 et seq.); and
(3) any other applicable provision of law.
(e) Briefings.--At least once during each 180-day period
described in subsection (a), the President shall provide to
the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a briefing on the
matters covered by the report required under this section for
such period.
amendment 431 offered by mr. peters of california
At the end of subtitle H of title X, insert the following:
SEC. 10__. INSPECTION OF FACILITIES USED TO HOUSE, DETAIN,
SCREEN, AND REVIEW MIGRANTS AND REFUGEES.
The Secretary of Defense, in coordination with the
Comptroller General of the United States and the Secretary of
Health and Human Services shall establish a process under
which the Comptroller General and the Inspector General of
Health and Human Services, as appropriate, may be provided
with access to Government-owned or Department of Defense-
owned installations where there are facilities used to house,
detain, screen, or review migrants, refugees, or other
persons recently arriving in the United States for purposes
of conducting surprise inspections of such facilities.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Washington (Mr. Smith) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
[[Page H5711]]
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Madam Chair, I yield 3 minutes to the
gentleman from California (Mr. Ruiz).
Mr. RUIZ. Madam Chair, I rise in support of my amendments to protect
our servicemembers from toxic smoke exposure and move us closer to
ending the use of burn pits.
Burn pits are large fields where the military burns waste, including
batteries, jet fuels, and medical waste, causing our men and women in
uniform to inhale toxic chemicals, carcinogens, and particulate matter.
These hazardous materials have been linked to life-threatening cancers,
lung diseases, and rare illnesses.
Exposure to burn pits took the life of Jennifer Kepner, a veteran and
mother of two from Cathedral City in my district, who lost her life to
pancreatic cancer that her doctor believed was most probably caused by
her exposure to burn pits.
Jennifer's story has become all too common. As a physician and a
public health expert, I know that, when there is a high enough
suspicion of harm that causes a severe enough illness, we must act.
As the co-chairman of the bipartisan Burn Pits Caucus, I am working
to end the use of burn pits, educate doctors and veterans about their
health effects, get exposed veterans the healthcare and benefits that
they have earned and need and deserve, and do more research on the
health effects of burn pit exposure.
Madam Chair, my amendments will require the Department of Defense to
conduct an implementation plan to end the use of nine active burn pits
continuing to threaten the health of our servicemembers stationed
overseas.
In addition, my amendments will require DOD to provide a list of all
locations where open-air burn pits have been used and report to
Congress on its research assessing their health effects.
Finally, my amendments require the Department of Defense to train
doctors on the potential health effects of burn pits, helping them
catch the early warning signs of serious life-threatening illnesses
before it is too late.
I would like to thank Congressman Peter Welch for his support and
commitment to protecting the health of our servicemembers and veterans,
and I urge my fellow Representatives on both sides of the aisle to
support these critical amendments.
As Jennifer Kepner said to me before she died:
Burn pits are the Agent Orange of our generation. We must
take action before more veterans and servicemembers lose
their lives.
Mr. THORNBERRY. Madam Chair, I have no speakers at this time, and I
reserve the balance of my time.
Mr. SMITH of Washington. Madam Chair, I yield 2 minutes to the
gentlewoman from Virginia (Ms. Wexton).
Ms. WEXTON. Madam Chair, I thank the gentleman for yielding me time.
My amendment, No. 401, would examine the feasibility of piloting a
workforce transition program for Active-Duty servicemen and -women who
are currently in counterintelligence roles to give them the opportunity
to obtain additional security clearance credentials upon their
separation from service.
A problem that many servicemembers in counterintelligence face upon
separation from the military is that they are unable to transition
their security clearances to be eligible to start work immediately for,
or in support of, a Federal intelligence agency.
The wait time to transition a security clearance can take over a
year, and many of these individuals are forced to consider taking a
lower paying job while they wait for the process to move forward, or we
lose these individuals entirely when they take jobs in the private
sector outside the intelligence community.
These are members serving in roles that are in critical needs areas
for our intelligence areas, such as cyberspace operations, cyber
electronic warfare, and military intelligence.
Because of these difficulties, our intelligence agencies are losing
out on a highly qualified and diverse talent pool whose skills and
training have already been paid for by the Federal Government.
Madam Chair, my amendment would help ensure that those veterans who
have service in our military's intelligence fields, can continue to use
their abilities to protect our Nation well beyond their military
service.
Mr. THORNBERRY. Madam Chair, I have no speakers at this time, and I
reserve the balance of my time.
Mr. SMITH of Washington. Madam Chair, we have no further speakers. I
urge adoption of the en bloc package, and I yield back the balance of
my time.
Mr. THORNBERRY. Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Washington (Mr. Smith).
The en bloc amendments were agreed to.
{time} 2030
Amendment No. 217 Offered by Mr. Khanna
The Acting CHAIR. It is now in order to consider amendment No. 217
printed in part B of House Report 116-143.
Mr. KHANNA. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end of subtitle E of title XII the following:
SEC. 12__. SENSE OF CONGRESS ON NORTH KOREA.
It is the sense of Congress that--
(1) diplomacy is essential to address the illegal nuclear
program of North Korea;
(2) every effort should be made to avoid a military
confrontation with North Korea, as it would pose extreme
risks to--
(A) United States military personnel;
(B) noncombatants, including United States citizens and
citizens of United States allies; and
(C) regional security;
(3) the United States should pursue a sustained and
credible diplomatic process to achieve the denuclearization
of North Korea and an end to the 69-year-long Korean War; and
(4) until such time as North Korea no longer poses a threat
to the United States or United States allies, the United
States should, in concert with such allies, continue to deter
North Korea through credible defense and deterrence posture.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from California (Mr. Khanna) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. KHANNA. Madam Chair, this amendment is an historic effort of
bipartisan spirit to finally have peace with North Korea after over 69
years of conflict.
Regardless of whoever is President, diplomacy is the key to the
region.
The Congressional Research Service tells us that, in the first few
minutes of any war in North Korea, as many as 500,000 civilians could
perish, many of them Americans. And, if the conflict went nuclear,
millions would perish.
No one has done more for peace in the subcontinent, in North Korea,
than President Carter. President Carter went and met with Kim Jong Un's
grandfather in 1994 and came up with a framework for denuclearization.
He recently had a constructive conversation with President Trump, and
President Trump has taken efforts to seek dialogue there.
I believe that we can have a three-part framework to reaching such an
agreement that President Carter had outlined with Kim Jong Un's
grandfather.
First, we need to have a nonaggression pact to assure the North
Koreans that we do not have any interest in regime change and have a
permanent peace. I believe, if we do that, Kim Jong Un will engage in
significant denuclearization.
And we should have no relaxation of any sanctions until there is at
least 90 percent denuclearization, which is achievable. And, after the
denuclearization, we can have flexible sanctions with clapback
provisions.
The point is, this doesn't have to be partisan. It is in our Nation's
interest to seek peace. I, for one, will support the administration's
efforts to seek peace, and I appreciate that this House, in a
bipartisan way, will go on record saying that we need a permanent peace
agreement with North Korea.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Khanna).
The amendment was agreed to.
The Acting CHAIR. The Chair understands that amendment No. 368 will
not be offered.
[[Page H5712]]
Amendment No. 375 Offered by Mr. Tipton
The Acting CHAIR. It is now in order to consider amendment No. 375
printed in part B of House Report 116-143.
Mr. TIPTON. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle J of title V, add the following:
SEC. 597. SENSE OF CONGRESS REGARDING THE HIGH-ALTITUDE ARMY
NATIONAL GUARD AVIATION TRAINING SITE.
(a) Finding.--Congress finds that the High-Altitude Army
National Guard Aviation Training Site is the lone school of
the Department of Defense where rotary-wing aviators in the
Armed Forces and the militaries of foreign allies learn how
to safely fly rotary-wing aircraft in mountainous, high-
altitude environments.
(b) Sense of Congress.--It is the sense of Congress that
military aviation training in Colorado, including the
training conducted at the High-Altitude Army National Guard
Aviation Training Site, is critical to the national security
of the United States and the readiness of the Armed Forces.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Colorado (Mr. Tipton) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Colorado.
Mr. TIPTON. Madam Chair, I yield to the gentleman from Colorado (Mr.
Lamborn).
Mr. LAMBORN. Madam Chair, I thank the gentleman for yielding and for
his leadership on this important issue.
Just so everyone will know, HAATS stands for the High-Altitude Army
Aviation Training Site. There is only one such site in the United
States, and that is in the mountains of western Colorado, and it
happens to be in Representative Tipton's district.
A lot of the people who train there with rotary aircraft come from
Fort Carson, which is in my district. I know there is interest from
other members of the Colorado delegation. They have had legislation
that would designate nearby areas, or even that area, as a wilderness
site.
But I want to talk about the importance of this to the Army. This is
high-altitude training. So, for rotary wing pilots who are going to be
going to places like Afghanistan, this is a unique training
opportunity.
The high altitude, the change of weather, the mountainous conditions,
and the valleys and hills and mountain peaks really make for an amazing
training experience. And it has saved lives.
I know Representative Tipton is going to have one story. I will give
another.
Just in this last couple of months, a couple of skiers from Vail were
lost, and there was a search and rescue effort that was undertaken.
With the help of helicopter pilots who had been trained, who were in
the Army National Guard, I believe, they were able to find those skiers
and rescue them without loss of life or injury, even, and it was a
great success story.
That high-altitude training site has led to many lives being saved,
so it is an asset for our country. It is a gem; it is a jewel; and it
must be protected at all costs.
Madam Chair, I appreciate Representative Tipton's leadership on this
issue.
Mr. TIPTON. Madam Chair, I do have the privilege and the honor to be
able to represent Colorado's vast Third Congressional District, which
is home to the High-Altitude Army National Guard Aviation Training
Site, also known as HAATS. It is located in Gypsum, Colorado.
HAATS is under the U.S. Department of Defense's organization, and it
is a lone school that teaches rotary wing aviators in the Armed Forces,
in the military, and also those of our foreign allies to learn how to
be able to fly safely with rotary wing aircraft in mountainous, high-
altitude environments.
I have had the opportunity to be able to hear from military officials
and many servicemen and -women, both retired and active, along with
their families, who praise the lifesaving training conducted at HAATS.
There are numerous examples of how the elite training provided at
HAATS has benefited our men and women in uniform when it comes to
military aviation. I would like to share one of those examples this
evening.
In Afghanistan's Helmand province, a HAATS graduate conducting an
emergency medical evacuation mission in treacherous conditions was
faced with the challenge of dealing with fine brown talcum powder,
which was damaging the engine's aircraft. He was able, through his
training in management power techniques garnered at HAATS, to actually
safely land the aircraft and successfully remove wounded soldiers and
medics out of the area, which was extremely hazardous.
Madam Chair, my amendment is a sense of Congress whereby Congress
recognizes that the military aviation training in Colorado, including
the training conducted at HAATS, is critical to the national security
of the United States and to the readiness of the Armed Forces.
Madam Chair, I encourage all of my colleagues to support this
amendment, and I reserve the balance of my time.
Mr. NEGUSE. Madam Chair, while I do not oppose the amendment, I would
like to take advantage of the time in opposition.
The Acting CHAIR. Without objection, the gentleman from Colorado is
recognized for 5 minutes.
There was no objection.
Mr. NEGUSE. Madam Chair, I appreciate that my colleague from the
Third Congressional District, Mr. Tipton, is highlighting a program
that is so deeply valued by the entire Colorado delegation, myself
included.
HAATS, as was just mentioned, offers unique training for rotary wing
pilots in power management at high altitudes. It is the only Department
of Defense aviation school that teaches pilots this skill outside of
the classroom. Students come from all over the world to receive this
incredible training.
As more skiers, hikers, and rock climbers visit Colorado, there are
more instances where outdoor enthusiasts may need to be rescued and
evacuated. And, because of the work done at HAATS, evacuations can
happen in some of the most unforgiving terrain on Earth.
Of course, as my distinguished colleague mentioned, HAATS also
provides the training for our military aviators to simulate real-world
combat scenarios to be prepared to support our men and women in
uniform.
I know I speak for the entire Colorado delegation when I say that the
work done at HAATS is critically important, and we are proud to have
such a renowned training facility headquartered in Colorado in the
Third Congressional District, as my colleague mentioned, which borders
my own beautiful congressional district, the Second.
It is also for those reasons I would just say that I do believe it is
important, as cosponsors of wilderness legislation, that we work to
ensure that the bills that we pursue don't adversely affect current or
future military transit and training in Colorado.
I would like to address the comment made by my colleague from
Colorado Springs, the distinguished gentleman, to say that the good
news is my bill that I have introduced, the CORE Act, with Senator
Bennet does not adversely affect current or future military transit and
training in Colorado, nor does it impact HAATS.
Years have been spent working constructively with representatives
from the Colorado National Guard, HAATS, the Office of the Secretary of
Defense, the U.S. Army, the U.S. Air Force, the FAA, and relevant land
management agencies to ensure that that bill in particular would allow
for continued and future military training and transit in Colorado, so
that is why I am excited that that bill is making its way to the floor.
Again, I appreciate my colleague's dedication to ensuring that the
mission of HAATS is protected. I certainly share that dedication, and I
look forward to continuing to support this program that brings so much
pride to our State, alongside my colleague, Mr. Tipton.
Madam Chair, I yield back the balance of my time.
Mr. TIPTON. Madam Chair, I appreciate the kind comments from my
colleague out of Colorado in support of something that is fundamentally
important to our Nation's security and also to be able to help citizens
who may be in treacherous conditions in the high altitudes of Colorado
and our other Western States.
[[Page H5713]]
Madam Chair, I do encourage our colleagues to support this
legislation, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Colorado (Mr. Tipton).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. TIPTON. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Colorado
will be postponed.
Amendment No. 386 Offered by Mr. Turner
The Acting CHAIR. It is now in order to consider amendment No. 386
printed in part B of House Report 116-143.
Mr. TURNER. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike section 1646 and insert the following new section:
SEC. 1646. CERTIFICATION REGARDING DEPLOYMENT OF LOW-YIELD
BALLISTIC MISSILE WARHEAD.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall certify to the
congressional defense committees whether--
(1) the Secretary determines that the deployment of low-
yield ballistic missile warheads is in the best interests of
the national security of the United States; and
(2) the Secretary has an alternative to the W76-2 low-yield
ballistic missile warhead that--
(A) may be deployed as of the date of the certification;
and
(B) provides at least the same level of proportional
response capability as the W76-2 low-yield ballistic missile
warhead deployed on submarine-launched ballistic missiles.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Ohio (Mr. Turner) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Ohio.
Mr. TURNER. Madam Chair, this is an amendment that would strike
section 1646 of the bill and replace it with a determination by the
Secretary of Defense as to a certification of need.
Madam Chair, this provision is a unilateral nuclear disarmament
provision.
Now, the chairman has said repeatedly this is not a unilateral
nuclear disarmament, but let's break down those words.
It is unilateral because it only applies to us. There is no one else.
It is nuclear because it applies to a nuclear weapon. And it is
disarmament because it requires the pulling of a nuclear weapon that is
scheduled for deployment.
What we currently have in this bill is a requirement that the W76-2,
which is a low-yield nuclear weapon that is currently headed for our
submarines, be pulled and not be deployed, a weapon that our Department
of Defense has determined that we needed and, in fact, last year, on a
bipartisan basis, was funded and approved for deployment.
But now we are going to reverse course because now Congress is going
to decide, for unilateral nuclear disarmament, to reach out and start
pulling back nuclear weapons that are there to defend us.
Let's talk just for a moment as to why we need this.
Russia has adopted a new nuclear doctrine that is called escalate to
deescalate. They actually believe that the first use of nuclear weapons
is something that can deescalate a fight as opposed to escalate it.
They have deployed low-yield nuclear weapons, and they have even
practiced scenarios where they use low-yield believing that, because we
have, usually, larger yield, bigger weapons, that we would be less
likely to respond.
In fact, the BBC did a documentary where they began a scenario of an
attack by Russia against the United States where it is a low-yield nuke
against one of our aircraft carriers, and the assumption being we
wouldn't answer back with a very large nuke.
The problem here that we have is that this is a step to reduce our
nuclear arsenal which is there for one reason and one reason only, and
that is to deter our adversaries so that they never think of using
nuclear weapons.
This provision would take this unilateral nuclear disarmament out. It
would put back in the bill a provision that requires the Secretary of
State to determine that it is needed, and we would instead look to
their determination, not the random determination of Congress.
Madam Chair, I reserve the balance of my time.
Mr. SMITH of Washington. Madam Chair, I claim the time in opposition
to the amendment.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. SMITH of Washington. Madam Chair, I yield myself 2 minutes.
First of all, if you were to say ``unilateral nuclear disarmament''
to most people, I think, if you look at the plain language of the
words, what that would say is we are going to universally nuclear
disarm all nuclear weapons. That is what unilateral nuclear disarmament
would mean. So that is not what we are doing here.
Again, we literally have thousands of nuclear weapons. What we are
doing here is trying to decide whether or not we want to deploy one in
a different form, which is a smaller yield.
So we are not--let me assure my colleagues again--getting rid of all
of our nuclear weapons and unilaterally disarming from nuclear weapons.
We are not doing that.
{time} 2045
This is one weapon with a small yield.
The other thing that is worth noting; there is actually no evidence
that the Russians have decided that they are going to use a low-yield
nuclear weapon first without any new clear provocation.
I have had this debate with a number of different people. There have
been various conversations about this; just like we have had various
conversations about a wide range of scenarios. But it is not at all
clear that Russia has decided to launch a nuclear weapon.
I believe that the purpose of a nuclear arsenal is deterrence; and we
ought to find a clear message. In fact, I find this debate, which we
have been having for a while, very dangerous because what we are saying
to the Russians is there is a scenario under which they can use a
nuclear weapon and we won't respond, and I don't think that should ever
be true.
We should say a nuclear weapon is a red line. You step across it, we
will respond.
It is also very untrue--this debate has said, Well, gosh, if they do
a low yield, we have no option but to hit them with something 10 times
as large.
We have a wide range of yields on our nuclear weapons, a wide range
of options in terms of where and when we could respond.
But what introducing a low-yield nuclear weapon does is we take the
Russian mutterings about doing an escalate to de-escalate and say,
yeah, we are with you. This could happen.
Former Secretary of State George Shultz, a Republican, is the one who
has been most critical of deployment of this weapon, because, as he
correctly states, when we start talking about low-yield nuclear
weapons, you start making nuclear war acceptable.
That is why deployment of this weapon is such a mistake. It takes us
down the road of saying, we can have a manageable nuclear war. No. Make
it clear to the Russians, if they start a nuclear war, we can't promise
that our response is going to be proportional, but we can promise that
we will respond.
This is a mistake. But we are not unilaterally nuclear disarming.
Madam Chair, I reserve the balance of my time.
Mr. TURNER. Madam Chair, this is unilateral nuclear disarmament
because we get nothing from the other side. I mean, if you are against
this nuclear weapon, put a provision in this bill that says I strongly
encourage the United States to negotiate with Russia that we both get
rid of these nuclear weapons.
I don't like nuclear weapons. I am just more concerned about the ones
that are in the hands of the other guys than the ones that are in our
hands.
Now, what is weird about this is that the determination by the
chairman that we need to pull this weapon back after, again, bipartisan
support for this weapon being deployed; is it because this weapon is
dangerous? No.
Is it because our adversaries have it? Well, adversaries do have it.
Do we have it in other forms? Yes.
But yet, instead of those who are charged with our military policy
deciding it, they want to decide it.
[[Page H5714]]
Now, again, this should be decided by treaty. We should require that
the other side get rid of theirs if we are going to get rid of ours.
But the other aspect is, this is not just musings about Russia saying
escalate to de-escalate. That is their nuclear weapons policy, and we
have to be very concerned as to how that policy affects their calculus.
I reserve the balance of my time.
Mr. SMITH of Washington. Madam Chair, I yield 1\1/2\ minutes to the
gentleman from Massachusetts (Mr. Moulton), a member of the committee.
Mr. MOULTON. Madam Chair, I rise to oppose this amendment.
Now, I do not question my colleague from Ohio's commitment to our
national security. He and I have worked together on this committee for
several years.
But I do think that this amendment would be a grave strategic
mistake. I oppose the development of these low-yield weapons for three
distinct reasons:
One, they increase the chance of miscalculation by our enemies;
Two, they are a waste of taxpayer money for a capability that we
already possess; and
Three, they weaken our national defense as a consequence.
The fundamental strength of our nuclear deterrence lies in the fact
that our nuclear weapons are so catastrophically damaging that nobody
would dare attack us or even threaten our allies with a nuclear weapon.
Lowering the threshold for the use of nuclear weapons by signaling to
our enemies that our response might not be catastrophic for them makes
it more likely that our enemies will use nukes against us and our
allies in the first place. It plays into Russia's dangerous new
escalate to de-escalate doctrine.
Nobody should question the resolve of the United States of America to
respond with overwhelming force if strategic weapons are used.
Developing these low-yield weapons does just that. It questions that
resolve, and that weakens our national defense.
Mr. TURNER. Madam Chair, how much time remains?
The Acting CHAIR. The gentleman from Ohio has 1\1/2\ minutes
remaining. The gentleman from Washington has 1\1/2\ minutes remaining.
Mr. TURNER. I reserve the balance of my time.
Mr. SMITH of Washington. Madam Chair, if I may inquire, who has the
right to close on this one?
The Acting CHAIR. The gentleman from Washington has the right to
close.
Mr. SMITH of Washington. Madam Chair, I just have my close, so I
reserve the balance of my time.
Mr. TURNER. Madam Chair, I yield myself such time as I may consume.
The provision that this amendment seeks to modify in the bill is a
provision that Vladimir Putin would love. I can't imagine what it must
be like when, in Moscow, they begin to tell Vladimir Putin that the
United States Congress is looking to pass a law to limit our nuclear
weapons arsenal; that we are going to look to pass a law to actually
remove weapons that are scheduled for deployment; to remove weapons
that Russia has; to remove weapons that are intended to change Russia's
calculus, so that when they look to threaten our country, they know
that we have the ability to respond to both proportionately.
And it is not a new weapon. There are other forms of low-yield
nuclear weapons that we have. It is just this one that is being
objected to.
By the way, the money has been spent. This weapon is on its way. This
is not a destabilizing weapon. This is a weapon that keeps us safe.
Now, the concern with this, of course, once we begin unilateral
nuclear disarmament--it is unilateral because we get nothing for it.
Our other side is doing nothing. Nuclear because it is a weapon;
disarmament because we are taking an armament out--is then when do we
stop?
If Congress decides to do this, that we have the ability to just
start pulling weapons, then is the nuclear triad at risk, Madam Chair?
Do we go pull our ICBMs?
Do we say that we shouldn't have this weapon or that weapon?
Shouldn't we be looking to those who actually have the expertise in
understanding what our adversaries are doing; what our strategy is;
what our nuclear weapons capabilities are and our adversaries' nuclear
weapons capabilities; how those compare; what their procedures have
been, and how they have been deploying?
All those should figure in to the expertise, not random decisions to
pull nuclear weapons here on the Congressional floor.
I yield back the balance of my time.
Mr. SMITH of Washington. Madam Chair, I yield myself the balance of
my time.
There is nothing random about this decision; and I do find the
gentleman's argument interesting. I suppose Congress should just sort
of shut down and say, Pentagon, whatever you want, you have got. We are
not going to say anything about it.
I really disagree with that aspect of the gentleman's argument; that
because the Pentagon has decided to deploy this weapon, Congress should
have no say in it.
We are not doing this randomly. We are not doing this arbitrarily.
This is actually a debate that has gone on for a number of years as to
whether or not to deploy this weapon. I will grant you there are
arguments on both sides of it, but the notion that we are like, on a
whim, making this decision is ridiculous.
As I said, there are many former national security experts, including
former Secretary of State George Shultz, who thinks that this weapon
will destabilize and make us less safe.
And let's remember, we have had a nuclear deterrent for almost 75
years now. And for all of those 75 years, we have not put a low-yield
nuclear weapon on one of our submarines. We haven't done it. We have
had a very strong deterrent.
What I would say to Mr. Putin is, No, we are not going to deploy
every single weapon system that we have ever thought of because that
wouldn't be very smart. But we have thousands of nuclear weapons. And
as Mr. Moulton said quite clearly, we need to make it clear, we will
have an overwhelming response to any use of nuclear weapons. That is
what will deter them. That is what will stop a nuclear war from
starting.
When we start to have that situation where it goes back and forth,
and we say, Well, we can have a manageable nuclear war, that is the
danger that leads people to oppose this weapon. I urge opposition to
the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Ohio (Mr. Turner).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. TURNER. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Ohio will be
postponed.
The Chair understands that amendment No. 421 will not be offered.
Amendment No. 423 Offered by Mr. Khanna
The Acting CHAIR. It is now in order to consider amendment No. 423
printed in part B of House Report 116-143.
Mr. KHANNA. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle C of title XII, add the following:
SEC. _. PROHIBITION OF UNAUTHORIZED MILITARY FORCE IN OR
AGAINST IRAN.
(a) Findings.--Congress finds the following:
(1) The acquisition by the Government of Iran of a nuclear
weapon would pose a grave threat to international peace and
stability and the national security of the United States and
United States allies, including Israel.
(2) The Government of Iran is a leading state sponsor of
terrorism, continues to materially support the regime of
Bashar al-Assad, and is responsible for ongoing gross
violations of the human rights of the people of Iran.
(3) Article I of the United States Constitution requires
the President to obtain authorization from Congress before
engaging in war with Iran.
(b) Clarification of Current Law.--Nothing in the
Authorization for Use of Military Force (Public Law 107-40;
50 U.S.C. 1541 note), the Authorization for Use of Military
Force Against Iraq Resolution of 2002 (Public Law 107-243; 50
U.S.C. 1541 note), or any other provision of law enacted
before the date of the enactment of this Act may be construed
[[Page H5715]]
to provide authorization for the use of military force
against Iran.
(c) Prohibition of Unauthorized Military Force in or
Against Iran.--
(1) In general.--Except as provided in paragraph (1), no
Federal funds may be used for any use of military force in or
against Iran unless Congress has--
(A) declared war; or
(B) enacted specific statutory authorization for such use
of military force after the date of the enactment of this Act
that meets the requirements of the War Powers Resolution (50
U.S.C. 1541 et seq.).
(2) Exception.--The prohibition under paragraph (1) shall
not apply to a use of military force that is consistent with
section (2)(c) of the War Powers Resolution.
(d) Rules of Construction.--(1) Nothing in this section may
be construed to prevent the President from using necessary
and appropriate force to defend United States allies and
partners if Congress enacts specific statutory authorization
for such use of force consistent with the requirements of the
War Powers Resolution (50 U.S.C. 1541 et seq.).
(2) Nothing in this Act may be construed to relieve the
executive branch of restrictions on the use of force,
reporting, or consultation requirements set forth in the War
Powers Resolution (50 U.S.C. 1541 et seq.).
(3) Nothing in this Act may be construed to authorize the
use of military force.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from California (Mr. Khanna) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from California.
Mr. KHANNA. Madam Chair, this will be the most important foreign
policy vote in the United States Congress. This bipartisan amendment
makes it clear that the Congress appropriates zero funding for any
offensive war in Iran or another war by choice.
The Supreme Court has made it clear that when Congress limits funding
for a war, Congress' power, not the executive power, is at its peak.
And when this amendment passes, it will be a clear statement for
Members of Congress on both sides of the aisle that this country is
tired of endless wars; that we do not want another war in the Middle
East.
I will make one final point before I yield to my colleagues. The
other side, and people will argue, that this may limit our ability to
respond to an attack on the United States or our allies. That is a
patent lie.
Nothing in this amendment limits the President of the United States
from doing anything that he needs to do to defend the United States of
America or our allies as he is authorized under the War Powers Act.
What this will prevent is another trillion-dollar war in the Middle
East. Frankly, what it will prevent is what this President promised the
American people not to do, to get into another endless, costly war in
the Middle East.
Madam Chair, I yield 1 minute to the gentleman from Florida (Mr.
Gaetz), the bipartisan cosponsor of the amendment.
Mr. GAETZ. Madam Chair, I thank the gentleman for yielding, and for
our work together on this issue.
Madam Chair, I represent the district in this Congress that has the
highest concentration of active duty military. If my constituents are
called to war with Iran, they will go without hesitation or question.
They will fight and win decisive victory, and I am incredibly proud of
them.
But if they must deploy the patriotism to go downrange and win this
war, we should at least have the courage to vote for it or vote against
it, every darn one of us.
And if my war-hungry colleagues, some of whom have already suggested
that we invade Venezuela, North Korea, and probably a few other
countries before lunchtime tomorrow; if they are so certain of their
case against Iran, let them bring their authorization to use military
force against Iran to this very floor.
Let them make the case to Congress and to the American people. Let
them show the military families in my district what their loved ones
will fight for and die for. If we do that, then I think we serve the
country well.
My constituents are doing their part, and I think it is about time
Congress does our part and speak to these critical matters of war and
peace.
Mr. KHANNA. Madam Chair, I reserve the balance of my time.
Mr. THORNBERRY. Madam Chair, I claim the time in opposition.
The Acting CHAIR. The gentleman from Texas is recognized for 10
minutes.
Mr. THORNBERRY. Madam Chair, I yield 5 minutes to the gentleman from
Texas (Mr. McCaul), the distinguished ranking member of the Foreign
Affairs Committee.
Mr. McCAUL. Madam Chair, I rise in strong opposition to this
unfortunate and dangerous amendment which is a propaganda win for the
Iranian regime and the Houthi allies. It takes legitimate options off
the table; shows America divided in the face of mounting Iranian
threats; and makes our Nation less safe.
We all agree that, under Article I of the Constitution, only Congress
possesses the authority to declare war. The administration's measured
response to Iran's shooting down of our U.S. military asset in
international airspace shows that the President is not looking for war
with Iran.
But this amendment goes much farther in prohibiting unauthorized war
with the number one state sponsor of terror. It uses the power of the
purse to preclude any use of force whatsoever against Iran unless it is
previously authorized by Congress or provoked by an attack on the
United States or our Armed Forces.
{time} 2100
Think about what that means. What can our military do if Iran attacks
American civilians or our regional allies like Israel and Jordan or
strategic international shipping through the Straits of Hormuz?
Under this reckless amendment, the answer is: Absolutely nothing. The
U.S. military cannot fire a single shot until after the successful
completion of a bicameral legislation process that enacts a law
authorizing the use of force. All of us here today know how long that
could take.
This will tie our military's hands at a perilous time. We need Iran
and its terrorist proxies to think twice before they attack Americans,
our friends, or our interests.
This amendment is an unprecedented attempt to micromanage the powers
claimed by every Commander in Chief, Democrat and Republican, since the
War Powers Resolution was enacted over President Nixon's veto in 1973.
In fact, the effect of this misguided amendment is far more restrictive
than the War Powers Resolution itself.
This is absolutely not the time to play politics with our national
security. Iran's saber rattling and provocation is not going to go away
anytime soon.
I would like to quote from a July 8 letter from Acting Under
Secretary of Defense for Policy. He says:
The Department strongly opposes this amendment. If U.S.
citizens, diplomatic facilities in the region, or other
national interests are threatened or attacked, we must be
able to respond promptly and in an appropriate fashion.
And he says:
At a time when Iran is engaging in escalating military
provocations demonstrated most recently by the shooting down
of the U.S. unmanned aerial vehicle, it is attacking allied
shipping.
They shot a missile at our U.S. Embassy in Iraq. This amendment could
only embolden Iran to further provocations.
Bottom line, this amendment will give comfort to our enemy who has
the blood of Americans on their hands--from the Marine barracks bombing
to the Iraq war--and who continues to hold American hostages to this
day. This is a pro-Iran, pro-Houthi amendment.
I was in the White House when the President made his decision and
exercised restraint to not escalate this war, but this, I believe, is
an ill-proposed amendment.
Mr. KHANNA. Madam Chair, we are going to have eight more speakers
because this was such a collaborative effort, so I hope the speakers
will limit themselves to 1 minute or less so we can get everyone in.
I yield 1 minute to the gentleman from Washington (Mr. Smith), our
distinguished chair, who did more to bring this amendment together than
anyone.
Mr. SMITH of Washington. Madam Chair, I want to make it absolutely
clear, in all the scenarios that the gentleman on the other side just
pointed out, the President has the absolute right of self-defense.
As Mr. Khanna made clear in his opening remarks, the right of self-
defense--if we were attacked in the way
[[Page H5716]]
that Congressman McCaul described, the President has the absolute right
to defend the United States.
What this amendment says, basically it is counter to the gentleman's
argument. The gentleman's argument basically is that Congress should
get out of the way. Under no circumstances should Congress have any say
in the use of the United States military.
I think that is wrong. I think we have a role to play. The President
should not be allowed to start a war anytime, anywhere, but he can
absolutely defend the United States in accordance with the War Powers
Resolution.
All this says, that if it isn't a matter of self-defense, if the
President has decided, as we decided in Iraq, that we are going to
launch a war for preemptive reasons or because of many of the things
the gentleman pointed out that Iran does, if we are going to start a
war because of that, then we in the United States Congress should
uphold our constitutional duty and have the right to vote on it. I
think that is appropriate.
Unless Members are in favor of Congress getting totally out of having
any say in this, Members need to support this amendment.
Mr. THORNBERRY. Madam Chair, I reserve the balance of my time.
Mr. KHANNA. Madam Chair, I yield 1 minute to the gentleman from
Maryland (Mr. Brown), who is a colonel in the Army, was a colonel in
the Army, and was helpful from day one in crafting this.
Mr. BROWN of Maryland. Madam Chair, I rise in support of the
amendment, which is the product of hard work from my colleagues on both
sides of the aisle.
The administration does not have authorization to take military
action in or against Iran and must come to Congress for that authority,
and this amendment makes that crystal clear.
Many members of the administration have been trying to make a case
for a war with Iran for months, if not years, going so far as to try to
speciously tie Iran to al-Qaida and claim the 2001 AUMF passed in the
aftermath of the attack on 9/11 might authorize war against Iran.
Congress must reassert our constitutional authority.
There is no question that Iran is a bad actor and they have been for
a long time, but if the administration believes that armed conflict is
the way to keep us safe, then the administration must make the case to
Congress and the American people, because it will be their sons and
daughters who will be on the front lines of that brutal war.
We cannot be a Congress or a nation that accepts going to war on a
whim as the status quo. I firmly believe it is time for Congress to
repeal and replace the 2001 AUMF, but until we can do that, we must
pass this amendment now.
Mr. THORNBERRY. Madam Chair, I have only myself to close, and I
reserve the balance of my time.
Mr. KHANNA. Madam Chair, I yield 1 minute to the gentleman from
Connecticut (Mr. Himes), who led 100-plus Members in a letter opposing
the war with Iran.
Mr. HIMES. Madam Chair, I would like to thank Mr. Smith and Mr.
Khanna for their leadership on this amendment and just express my
disappointment at the statements made by my friend, Mr. McCaul.
I never imagined that an amendment that essentially restated
congressional authority as detailed in the Constitution would ever get
characterized as a propaganda win for Iran, as a pro-Iran thing; and I
would remind my friend, Mr. McCaul, that, yes, the President stepped
away from a military conflict that might have been justified as an act
of self-defense.
I am not in the practice of praising the President on this floor, but
he took a prudent course a few weeks ago. There is absolutely no
guarantee he will do so again.
This amendment does one simple thing. It is not unprecedented. Its
precedent is the United States Constitution, which vests war-making
authority when it is not in self-defense, as Mr. Smith points out,
exclusively in the Congress. Now, we may or may not like that idea, but
it is the principle that we swore to uphold.
And I would just remind the Chamber that, every time we allow a
Democratic or a Republican President to go to war without an
authorization in this Chamber, we shirk our constitutional duty. We
fail to back our warfighters with the full and robust voice of the
United States Government.
Mr. KHANNA. Madam Chair, I yield 1 minute to the gentlewoman from
California (Ms. Eshoo), my good friend who has led this bill in the
House that prevents funding for a war with Iran.
Ms. ESHOO. Madam Chair, I thank my colleague, Mr. Khanna, for
yielding.
I rise in strong support of amendment 423, and I want to thank all of
the Members who have worked so hard on this.
I am proud to have written legislation in early April of this year,
the Prevention of Unconstitutional War with Iran Act, which enjoys 79
cosponsors and prohibits the President from using any funding
appropriated by Congress to take military action in or against Iran
without authorization from Congress. This amendment mirrors and
complements that legislation by prohibiting the use of any funding in
this year's NDAA to carry out unauthorized military attacks against
Iran.
It is very important to have this amendment on the floor because the
Trump administration seems determined to provoke military confrontation
with Iran, and the President and his hawkish advisers have publicly
stated that they don't need authorization from Congress to carry out
preemptive attacks.
They are wrong. The U.S. Constitution is clear. Article I, Section 8
gives Congress the sole authority to declare war, allowing the American
people to decide, through their Representatives in Congress, whether
military action is in the best interest of the country.
We carry no grief for Iran, not one of us, but this amendment should
pass.
The Acting CHAIR. Members are reminded to heed the gavel.
Mr. KHANNA. Madam Chair, I yield to the gentleman from Massachusetts
(Mr. Moulton), a veteran who was in four tours of duty and fought
against the Iranians in his second tour in Iraq.
Mr. MOULTON. Madam Chair, colleagues, this vote is about several
things.
It is about war with Iran. The President and John Bolton have
manufactured a crisis by withdrawing America from the Iran nuclear deal
with no alternative, and Iran has a strategic advantage over us now
that they did not have before under the deal.
This vote is about the Authorization for Use of Military Force passed
almost 20 years ago that does not authorize war with Iran. We do not
underestimate the Iranian threat. It is real, it is significant, but
that does not make going to war now legal or necessary.
But most of all, this vote is about the Constitution and our duty to
uphold it. It is the Commander in Chief's job to strengthen our
national security, not weaken it, as he has done, and it is Congress'
job to decide when we send young Americans to war.
The oath that we all took to protect and defend the Constitution of
the United States is the same oath, word-for-word, that I took as a
Marine officer.
Our troops are upholding that oath. They are doing their jobs. It is
time for us in Congress to do ours.
Mr. KHANNA. Madam Chair, how much time do I have remaining?
The Acting CHAIR. The gentleman from California has 2\1/2\ minutes
remaining.
Mr. KHANNA. Madam Chair, I yield 45 seconds to the gentleman from
Colorado (Mr. Crow), a leading veteran voice, who has been helpful in
getting many veterans groups on board with this.
Mr. CROW. Madam Chair, I rise today to support this amendment to
reassert Congress' constitutional role in authorizing the use of
military force.
As a former Army Ranger, I learned firsthand that when politicians
talk tough in this town, real people get hurt.
It was an honor to serve our country in Iraq and Afghanistan, but I
also witnessed the consequences of sending Americans into harm's way
without defined goals and a clear exit strategy.
The most solemn responsibility of Congress is the decision to
authorize the use of military force. It is a responsibility that our
Founders reserved for Congress because we are directly and daily
accountable to those who have to fight our wars: our sons, daughters,
mothers, and fathers.
[[Page H5717]]
I urge my colleagues to join me in reasserting Congress' role in
deciding when to use military force by voting ``yes'' on this
amendment. It is time to fulfill our constitutional duty.
Mr. THORNBERRY. Madam Chair, I yield an additional 1 minute to the
gentleman from Texas (Mr. McCaul).
Mr. McCAUL. Madam Chair, no one respects the Constitution more than I
do. We have Article I authorities.
There is a reason why the Founding Fathers put Article I first,
because that is the American people over the imperial presidency.
Why are we debating such an important issue, matters of war and
peace, which is what my committee argues day in and day out on the
Foreign Affairs Committee--well, first of all, it is part of the NDAA.
But why are we arguing this at 9:15 at night, in the darkness of night
and not the sunlight of day?
This is a dangerous amendment. It is a preemptive use of the AUMF.
We have not engaged in hostile forces, combat forces in Iran. We have
not engaged in hostilities. That is when the War Powers Resolution
kicks in, notification to the Congress, and then Congress debates the
Authorization for Use of Military Force.
I have been in this body for eight terms. That is how the process
works. You don't handcuff the President, the Commander in Chief. You
don't handcuff him in advance of any preparation for dealing with
state-sponsored terror.
This is just wrong.
Mr. KHANNA. Madam Chair, I yield 30 seconds to the gentleman from
Michigan (Mr. Levin), who has an important bill clarifying the 2001-
2002 AUMF.
{time} 2115
Mr. LEVIN of Michigan. Madam Chair, the amendment before us is about
our responsibility to protect the American people. It is about our
values.
Do we believe the President acting on his own should be able to put
our troops in harm's way and put us at risk of another horrific war
with zero input from the American people's elected representatives in
Congress? Or do we want to make clear that we are going to do our job,
the job our constituents elected us to do, follow the Constitution, and
prevent a reckless attack on Iran?
This isn't about being a Democrat or a Republican. As a Member of the
people's House, colleagues should support this amendment to prevent an
unauthorized attack on Iran and make it clear that this Congress has
not authorized the use of military force, in line with my bipartisan
AUMF Clarification Act.
Madam Chair, I thank Representative Khanna for yielding.
Mr. KHANNA. Madam Chair, I yield 30 seconds to the gentlewoman from
California (Ms. Lee), for her work on asserting Congress' authority
over war and peace.
Ms. LEE of California. Madam Chair, it is up to Congress to prevent
another costly war in the Middle East. For too long, Congress has ceded
its responsibilities as a coequal branch of government when it comes to
matters of war and peace.
As The New York Times recently put it: ``It is long past time that
the legislative branch reclaimed its central role in overseeing war
waged in the name of the American people.''
Madam Chair, I thank Congressman Khanna for this amendment. He has
been persistent and very clear about our role in the areas of war and
peace, and it builds upon the amendment I got into the Defense
appropriations bill that indicated and said that nothing in the Defense
appropriations bill could be construed as authorization for the use of
force in Iran.
Mr. KHANNA. Madam Chair, how much time do I have remaining?
The Acting CHAIR. The gentleman from California has 45 seconds
remaining.
Mr. KHANNA. Madam Chair, I yield 30 seconds to the gentlewoman from
New Mexico (Ms. Haaland), one of the new leaders on HASC who has been
very, very helpful on this amendment.
Ms. HAALAND. Madam Chair, this administration's reckless behavior
threatens to plunge the region into chaos and our own country into
another endless and costly war.
We have powerful, peaceful tools to bring other countries to the
negotiating table. Under the leadership of President Obama, we used
these tools successfully to neutralize Iran's nuclear program.
The President's irresponsible policies have squandered that progress
and, instead, set into motion tensions that are spiraling out of
control.
We have alienated our closest allies, and Iran is taking steps toward
developing a nuclear weapon. This senselessness demonstrates that this
administration cannot be trusted with the authority to use military
force in Iran.
Madam Chair, I support this amendment.
Mr. KHANNA. Madam Chair, I yield the balance of my time to the
gentlewoman from Texas (Ms. Jackson Lee) for a closing argument.
Ms. JACKSON LEE. Madam Chair, the people of Iran do not want war.
Madam Chair, I thank the gentleman from California for allowing us,
no matter what time of night it is, to stand on the floor and declare
that the people of Iran do not want war.
The people of the United States know that the Constitution says that
Congress has the right to declare war.
Madam Chair, I support this amendment, because it speaks to the
Constitution and our right to declare war and to stand against war and
sending our young men and women without the authority of the United
States Congress.
Mr. KHANNA. Madam Chair, I yield back the balance of my time.
Mr. THORNBERRY. Madam Chair, I yield myself the balance of my time.
Madam Chair, I am very sympathetic to the idea that Congress has
neglected to fulfill its responsibilities under the Constitution in
this area for many years, with Presidents of both parties and with
congressional majorities of both parties.
Unfortunately, I believe that this amendment goes way too far in
restricting the ability of the President to exercise his
responsibilities under Article II.
I note that one of the most recent speakers referenced President
Obama. It was President Obama who used force in Libya with no
authorization from this Congress. As a matter of fact, every President
since Truman has done so. The notion that it is either all-out war or
nothing does not reflect the way the world is or has been for the last
70 years.
I also have to note that it is somewhat concerning to me that much of
this amendment seems focused personally at President Trump, who is
bending over backward not to use military force and has campaigned
against some of the uses in the past. It does not seem to me to be
appropriate.
On the substance of the amendment, we have asked senior general
officers with responsibility for operations on the Joint Staff and
CENTCOM to look at this language. What they tell us is that they are
concerned with this language. I understand the representations that
have been made, but the people who have to live under it believe it
would foreclose the inherent right of self-defense at a time when we
have specific, detailed, and credible threats against 65,000 military
personnel in the CENTCOM region. They believe it would immediately stop
purely defensive intelligence-sharing and defensive border security we
are doing with partners in the region. They believe it would halt
orders with options to strike back proportionally against Iran in order
to limit escalation and would stop active information-
related capabilities directly countering Iranian threat networks.
Furthermore, they believe that there is enough concern about this
language that it would at least throw doubt on our ability to come to
the defense of Israel if it were under attack from Iran, Iranian
proxies, or the Iranian threat network. They believe it would cast
doubt on our ability to come to the defense of a ship or vessel in the
Strait of Hormuz if an ally comes under attack.
I would point out that just within the last 2 days, an allied tanker
was at least threatened by Iranian boats coming through the strait.
Senior general officers at the Joint Staff and CENTCOM believe it
would threaten continued Seventh Fleet interdiction efforts in the
Indo-Pacific to thwart Iranian sanctions evasion.
We have a number of ways that are not war but legitimate use of
force.
[[Page H5718]]
People who have to live under it believe this goes too far and prevents
them from doing what they are doing, which gets back to what Mr. McCaul
was talking about. That is, this is only good news for Iran and the
threat that they pose.
It uses a powerful funding mechanism to tie the President's hands,
and they can only be untied after the House and Senate take action. We
know that we often don't move too quickly in these areas.
Again, I am sympathetic with the idea that Congress needs to stand up
and do our job. We need to do it responsibly, not the kind of overreach
that gives assistance to adversaries and makes our allies much more
concerned about whether we will stand with them or not.
Madam Chair, I believe this amendment should be rejected, and I yield
back the balance of my time.
Mr. McGovern. Madam Chair, I rise in support of the bipartisan
amendment offered by Representatives Khanna, Gaetz, Engel, Smith (WA),
Brown, Levin (MI) and me, along with 80 other cosponsors, to prohibit
funding for any engagement in military hostilities in or against Iran
without explicit authorization by Congress.
I want to thank my good friend, Congressman Khanna, for his
leadership on this issue. I especially want to thank Armed Services
Committee Chairman Smith, Foreign Affairs Chairman Engel and their
excellent staff, who worked tirelessly to ensure that this amendment
reflected a broad, bipartisan range of concerns on how best to respond
to the relentless march to war with Iran that is happening under
President Trump and his bellicose advisors.
Madam Chair, our nation almost went to war with Iran just a couple of
weeks ago.
Think about this. We were apparently only moments away from the
president launching an attack against Iran that could have quickly
snowballed out of control into a major conflict. There was no
consultation with Congress. No debate on this floor. No input at all
from this House whose Members represent the servicemen and women who
would be put in harm's way. Let alone a vote.
Democrats don't want war with Iran. Most Republicans don't want war
with Iran. The American people certainly don't want a war in Iran.
But this president was apparently about to use an AUMF passed nearly
two decades ago to fumble us into another conflict in the Middle East.
I'm glad the president backed off bombing Iran. But I'm terrified
about the lack of thoughtful leadership coming from the Oval Office.
We need to make clear to this administration that the president
cannot use an old AUMF to initiate hostilities against Iran.
Nor can he engage in military hostilities in or against Iran without
first coming to Congress and getting a specific authorization for the
use of such force. Period.
It's long past time for Congress to step up to the plate and carry
out its constitutional responsibilities on matters of war and peace.
I urge all my colleagues, on both sides of the aisle, to support this
amendment.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Khanna).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. THORNBERRY. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 424 Offered by Ms. Lee of California
The Acting CHAIR. It is now in order to consider amendment No. 424
printed in part B of House Report 116-143.
Ms. LEE of California. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle G of title XII, on page 842, after
line 14, insert the following section:
SEC. 1268. REPEAL OF AUTHORIZATION FOR THE USE OF MILITARY
FORCE.
The Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note)
is repealed.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from California (Ms. Lee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Ms. LEE of California. Madam Chair, I thank our chairman of the Rules
Committee, Mr. McGovern, and I thank the chair of the Armed Services
Committee, Chairman Smith, for working with me and all of our members
on this amendment and for making this amendment in order.
Madam Chair, I am pleased to offer this amendment along with
Representatives Adam Schiff, Eliot Engel, Jason Crow, John Lewis,
Seth Moulton, Max Rose, and many, many others.
Madam Chair, this amendment is straightforward; it is timely; and it
should be noncontroversial. It would immediately repeal the 2002
Authorization for the Use of Military Force against Iraq. Repeal of the
2002 AUMF would not impact any existing military operations because it
no longer serves an operational purpose.
Leaving the 2002 AUMF on the books runs the risk that it could be
utilized by the executive branch for military operations that Congress
never intended to authorize.
When Congress passed the 2002 AUMF prior to the invasion of Iraq, it
was intended to address the perceived threat posed by the regime of
Saddam Hussein as it related to the presence of weapons of mass
destruction. United States military deployments and operations carried
out pursuant to the 2002 AUMF, Operation Iraqi Freedom, officially
concluded in 2011.
Seventeen years after the resolution's passage, the United States
recognizes the sovereignty of Iraq and considers the Iraqi Government a
key ally.
Both the Obama and Trump administrations have maintained that the
2002 AUMF only serves to reinforce currently existing legal authority.
None of the counterterrorism operations being carried out in Iraq
independently depend on the 2002 AUMF for authorization.
For these reasons, the 2002 AUMF is outdated and should no longer be
on the books. Leaving it in effect risks abuse by this and any future
administration.
For example, the Trump administration has claimed that the 2002 AUMF
authorizes the use of force to address both ``threats to'' and
``stemming from Iraq,'' and it authorizes force in ``Syria or
elsewhere.''
Expansive interpretations such as this demonstrate why we strongly
believe that the 2002 AUMF should be immediately repealed.
Madam Chair, I reserve the balance of my time.
Mr. McCAUL. Madam Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. McCAUL. Madam Chair, I oppose this amendment to repeal the 2002
law that authorizes the use of military force ``to defend the national
security of the United States against the continued threat posed by
Iraq.''
First of all, the repeal of any AUMF does not belong in this NDAA
bill. The Committee on Foreign Affairs has longstanding sole
jurisdiction over declarations of war and intervention abroad. Any
significant change to war-making authorities needs to be the result of
deliberations and votes by the committee of jurisdiction.
There is no issue more deserving of regular order than issues related
to war and peace.
Although none of us want to see the extension of any conflict beyond
what is necessary, we have also learned that premature disengagement
can have huge costs, such as when the prior administration's rush to
withdraw U.S. troops contributed to the deadly rise of ISIS in Iraq and
Syria.
While the Saddam Hussein regime was a key focus, it was not the sole
focus of the 2002 AUMF. It expressly identified al-Qaida and ``other
international terrorist organizations, including organizations that
threaten the lives and safety of the United States citizens.''
Members will recall that al-Qaida in Iraq later became ISIS, a brutal
transnational terrorist organization that continues to threaten
American lives and interests. President Obama cited the 2002 AUMF as
legal authority for his military operations against ISIS.
The current administration has stated its opposition to the repeal of
the 2002 AUMF because:
It remains an important source of additional authority for
military operations against ISIS in Iraq and to defend the
national security interests of the United States against
threats emanating from Iraq.
[[Page H5719]]
For those reasons, we shouldn't be repealing key counterterrorism
AUMFs unless and until we have replaced them with updated authorities
that clearly confront the enemies that continue to threaten our Nation,
our people, and our allies. To date, we have seen no such proposal from
the majority.
So for those reasons, I urge my colleagues to join me in prioritizing
American security by opposing this amendment.
Madam Chair, I yield back the balance of my time.
{time} 2130
Ms. LEE of California. Madam Chair, I yield 30 seconds to the
gentleman from Washington (Mr. Smith), the chairman of the Armed
Services Committee.
Mr. SMITH of Washington. Madam Chair, the purpose of the 2002 AUMF
could not have been more clear. I was here at the time. It was one of
the more consequential debates we have ever had. And the purpose was
clearly stated to go after Saddam Hussein because he had weapons of
mass destruction and to wage war against the nation of Iraq.
If we cannot repeal that 17 years later, then Congress has truly and
totally abrogated its constitutional responsibility to regulate any use
of military force. There is no justification 17 years later to keep
this on the books so that Presidents can use the authority as a blank
check. Congress should stand up.
Ms. LEE of California. Madam Chair, I yield 1 minute to the gentleman
from Colorado (Mr. Crow), a veteran who served his country well and now
is serving this body well.
Mr. CROW. Madam Chair, I rise today to support Representative Lee's
important amendment to repeal the 2002 Authorization for Use of
Military Force, an authorization that has long outlived its intended
purpose: the 2002 AUMF authorized U.S. force to overthrow Saddam
Hussein's regime and enforce U.N. resolutions in Iraq. Much has changed
since those days and, today, Iraq is an important partner in the fight
against terrorism.
As the justification for the 2002 AUMF has ended, so, too, should
this authorization. This is not an opinion I alone hold. Just today,
Army Chief of Staff, a nominee for the Chairman of the Joint Chiefs,
General Milley, stated that the 2001 AUMF provides all of the
authorities necessary for ongoing counterterrorism operations in the
region. I agree with General Milley and believe it is time to repeal
this outdated authorization that no longer serves an operational
purpose.
A common theme in the NDAA this year is the emphasis on increasing
transparency and reasserting congressional oversight on matters of war
and diplomacy.
Madam Chair, I urge my colleagues to vote yes on this amendment and
demonstrate that Congress is reasserting its Article I authorities and
responsibilities.
Ms. LEE of California. Madam Chair, how much time do I have
remaining?
The Acting CHAIR (Mrs. Fletcher). The gentlewoman from California has
1 minute remaining.
Ms. LEE of California. Madam Chair, I yield 1 minute to the gentleman
from Massachusetts (Mr. Moulton), an expert on national security.
Mr. MOULTON. Madam Chair, when is enough enough? The vote to go to
war against Iraq in 2002 was a mistake. Congress should have been more
careful, questioned the intelligence, and made sure that we exhausted
every other option before we put young American lives in danger.
It is time that we stopped living off those past mistakes. Both the
Obama administration and the Trump administration have maintained that
the 2002 AUMF only serves to reinforce currently existing legal
authority.
So it needs to end. We need to repeal it. Because keeping it in place
does not support current operations, and it could be used as a legal
pretext for future escalation in the Middle East that has not been
authorized by Congress.
If we ever need to go to war against Iraq again, Congress has the
constitutional obligation to make that decision. And we are fortunate
that now that decision will be made, in part, by the generation that
fought in Iraq and Afghanistan, which is coming to Congress to step in
for the generation that sent us there.
So let's get rid of this mistake, clear the decks for a new
generation of better, more accountable leadership, and ensure that
Congress takes more careful responsibility for these decisions moving
forward.
Ms. LEE of California. Madam Chair, I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Lee).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. McCAUL. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.
Amendment No. 425 Offered by Ms. Lee of California
The Acting CHAIR. It is now in order to consider amendment No. 425
printed in part B of House Report 116-143.
Ms. LEE of California. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle H of title X, insert the following:
SEC. 10__. SENSE OF CONGRESS REGARDING THE 2001 AUTHORIZATION
FOR USE OF MILITARY FORCE.
(a) Findings.--Congress makes the following findings:
(1) The Authorization for Use of Military Force (referred
to in this section as the ``2001 AUMF'') (Public Law 107-40;
50 U.S.C. 1541 note) was passed by Congress in 2001 after the
terrorist attacks of September 11, 2001, to authorize the use
of force against those responsible for the attacks of
September 11, 2001.
(2) The 2001 AUMF is one of the only modern authorizations
for the use of force in the history of the United States that
included no limitation in time, geography, operations, or a
named enemy.
(3) The 2001 AUMF has been cited 41 times as the legal
basis for the use of force in 19 countries.
(4) Article 1, Section 8 of the Constitution provides
Congress with the sole authority to ``declare war''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the use of the 2001 AUMF has been well beyond the scope
that Congress initially intended when it was passed on
September 14, 2001;
(2) nearly 18 years after the passage of the 2001 AUMF, it
has served as a blank check for any President to wage war at
any time and at any place; and
(3) any new authorization for the use of military force
that replaces the 2001 AUMF should include--
(A) a sunset clause and timeframe within which Congress
should revisit the authority provided in the new
authorization for use of military force;
(B) a clear and specific expression of mission objectives,
targets, and geographic scope; and
(C) reporting requirements to increase transparency and
ensure proper Congressional oversight.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from California (Ms. Lee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Ms. LEE of California. Madam Chair, first, I thank our Rules
Committee chair, Mr. McGovern, as well as all the members of the
committee for making this amendment in order. And I also thank our
chairman, Mr. Smith, for working with us to bring this amendment
forward.
I am proud to offer this amendment with Representative Max Rose. It
is a very straightforward amendment. It simply expresses the sense of
Congress that the 2001 AUMF has been utilized well beyond the scope
than Congress intended, and that it is far past time for Congress to
reassert our constitutional mandated role in war making.
Our amendment also states that any new authorization should include
more specific provisions, including a sunset clause, clear and specific
expression of objectives, targets, and geographic scope.
Madam Chair, my amendment is not only necessary, but it is timely.
Right now, the Trump administration is threatening to use the 2001 AUMF
as a legal basis to go to war with Iran. This demonstrates the dangers
of leaving this authorization for the use of military force on the
books indefinitely.
The 2001 AUMF is only 60 words, and one of the only modern
authorizations
[[Page H5720]]
for the use of force that includes no limitations in time, geography,
operations, or a named enemy.
On September 14, 2001, 3 days after the horrific attacks, I was the
only ``no'' vote in Congress for the 2001 AUMF. It was an authorization
that I knew would provide a blank check for the President, any
President, to wage a war anywhere, any time, and for any length. In the
last 18 years, it has been used by three consecutive administrations to
wage war at any time, at any place, without congressional oversight or
authorization.
According to a 2018 Congressional Research Service report, which I
encourage all of my colleagues to read, the 2001 AUMF has, in fact,
become that blank check for war. In the almost 18 years since its
passage, it has been cited 41 times in 19 countries to wage war with
little or no congressional oversight. And this report only looks at
unclassified incidents. How many other times has it been used without
the knowledge of Congress or the American people?
The AUMF has reportedly been invoked to deploy troops in Syria,
Yemen, Somalia, Libya, and Niger. We know that this is far beyond what
Congress intended when it was passed in 2001 in the days after the
terrible attacks of 9/11.
That is why our amendment is so important. It is a sense of Congress
simply recognizing that this has been used well beyond what Congress
originally intended when it first passed in 2001; that Article I,
Section 8 of the Constitution provides Congress with the sole authority
to declare war; and that any new AUMF to replace the 2001 should
include a timeframe within which Congress should revisit the authority
provided in any AUMF, which many experts agree needs to be included in
any replacement AUMF.
Madam Chair, I reserve the balance of my time.
Mr. McCAUL. Madam Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. McCAUL. Madam Chair, I rise in strong opposition to this
amendment. It simply lists complaints about the 2001 authorization for
the use of military force while avoiding the serious work of proposing
an improved replacement.
Most Members, including me, would say they would be fine with an
updated AUMF that better describes current threats. Unfortunately,
there is no consensus at all about what that should look like. The fact
that the majority has not put forward a single proposal in the 6 months
they have been in charge indicates to me that they have deep
disagreements.
The author of this amendment has also inserted an outright repeal of
the 2001 AUMF into this year's Defense appropriations bill, which would
make all counterterrorism operations globally illegal. That is reckless
because AUMF provides the necessary legal authority to confront ongoing
deadly threats against our homeland. It would also be simply
irresponsible and dangerous to repeal it until an adequate replacement
has passed both Chambers and been sent to the President's desk.
The gentlewoman from California, with all respect, has held a
principled, consistent position on this issue, and I do respect that. I
just disagree with it.
But it is incorrect to assert, as this amendment does, that the 2001
AUMF is a blank check for any President to wage war at any time and at
any place. The AUMF has been interpreted as covering al-Qaida, the
Taliban, and ``associated forces.'' And while that interpretation is
sometimes broad, it can't be stretched to cover just anything. For
example, it does not capture North Korea or countless other potential
adversaries and, arguably, Iran, as well.
The amendment also complains that the 2001 AUMF did not include
things like geographic limitations or a named enemy. But it is hard to
see how it could have done so while also meeting the grave
transnational terrorist threats it was intended to defeat. Because
these enemies aren't nation-states marching uniformed troops to face us
on the fields of battle, authorizing force to fight them is much more
complicated.
The amendment also wrongly implies that the will of Congress has been
thwarted by how long and how broadly the AUMF has been used. But
Congress has been kept aware of how it is being used, and has always
had the same power to legislate, amend, or repeal, as it had back in
2001. The fact is--and this goes on both sides of the aisle--it has not
done so. That indicates a decision that, under both Democrat and
Republican majorities and administrations, the 2001 AUMF is working.
For my years as Homeland Security chairman, I know that our
operations overseas, and the sacrifices of our service men and women,
have saved American lives and helped to protect the homeland from
countless thwarted attacks.
Unfortunately, the threat does continue. As the Director of National
Intelligence has testified, al-Qaida and ISIS maintain transnational
networks actively committed to our destruction. Don't get me wrong: I
would like to see an updated AUMF as well. That comes out of the
Committee on Foreign Affairs. We should deliberate an updated AUMF on
our committee. But this amendment contributes nothing towards that
outcome.
Until we have new authorities in place to combat the real and dynamic
threats to American lives and safety, we need to focus on responsibly
using the authorities we have, not just complaining about their
imperfections.
If the other side is serious about a fix, then let's work together on
a fix and provide a serious replacement to begin this process on a very
serious issue of counterterrorism and war and peace.
Madam Chair, I yield back the balance of my time.
Ms. LEE of California. Madam Chair, I yield 1\1/2\ minutes to the
gentleman from New York (Mr. Rose), my colleague, who serves on the
Homeland Security Committee and Veterans' Affairs Committee.
{time} 2145
Mr. ROSE of New York. Madam Chair, I want to thank my good friend,
Congresswoman Lee, for introducing this amendment and, just as
importantly, for her, as our colleagues on the other side of the aisle
noted, consistency and leadership on this issue for the last 18 years.
Madam Chair, it will be 18 years this coming September. Men and women
will enlist in the United States military who were not born on 9/11.
They are enlisting in the United States military, and they will likely
go to fight in a war in Afghanistan that is currently being fought
based off an authorization that was signed before they were born.
In the last 18 years, three different Presidents from both parties--
yes, this is a Democratic and a Republican problem--have conducted
countless military operations in 19 different countries against groups
entirely unrelated to those who attacked our country.
I don't want to hear that we don't understand. I fought in
Afghanistan. I am a New Yorker. I was in New York City on 9/11. We
understand the severity of this problem. We understand that, in the
immediate aftermath of 9/11, we had to kill those people who had killed
innocent people in this country. But that is not what this is about
today, and we refuse to make that the focus of this discussion.
This is about Congress doing its job. This is about the fact that we
are still waging war, and 80 percent of this institution has never
voted to declare war.
This is about the fact that, right now, we are unwilling to enact a
piece of legislation that requires Congress to do its job in 8 months.
So I say to my colleagues on the other side of the aisle, we accept
your invitation.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. ROSE of New York. We accept your invitation, and we would love to
work out a way for Congress to----
The Acting CHAIR. The gentleman is no longer recognized.
The question is on the amendment offered by the gentlewoman from
California (Ms. Lee).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. McCAUL. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.
[[Page H5721]]
Amendment No. 428 Offered by Ms. Garcia of Texas
The Acting CHAIR. It is now in order to consider amendment No. 428
printed in part B of House Report 116-143.
Ms. GARCIA of Texas. Madam Chairwoman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle E of title X, insert the following:
SEC. 10__. PROHIBITION ON USE OF DEPARTMENT OF DEFENSE
FACILITIES TO HOUSE OR DETAIN UNACCOMPANIED
ALIEN CHILDREN.
(a) Prohibition.--No Department of Defense facility may be
used to house or detain unaccompanied alien children.
(b) Unaccompanied Alien Children Defined.--The term
``unaccompanied alien children'' has the meaning given such
term in section 462 of the Homeland Security Act of 2002 (6
U.S.C. 279)).
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from Texas (Ms. Garcia) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. GARCIA of Texas. Madam Chair, this amendment is simple and
straightforward. It is 15 words. It prohibits defense facilities from
being used to house or detain unaccompanied migrant children.
I understand the bill already provides some safeguards, so detention
at DOD facilities would follow certain guidelines, but this amendment
makes clear that the policy to detain children is out of line with
American principles. Detention is not the answer to an influx of
migrants.
There are communities across the country, including in my own
district, ready to welcome the children seeking refuge. Asylum seekers
are not criminals; they are human beings fleeing violence in search of
a dignified life. Children fleeing violence should not be met with
cruelty.
Preventing migrants from joining society is not only preventing the
American economy from growing, but it also is costing taxpayers much
more than it should.
Instead of encouraging placement of children with capable sponsors,
the entire system appears to be weighted against moving children out of
detention, all for the so-called deterrent effect.
There is no national security reason to detain children. Kids are not
prisoners of war. They do not belong at military bases. They do not
belong in tents. They do not belong in cages. They belong in the arms
of their mothers and with their families.
It is our broken immigration system that keeps children locked up. It
is inhumane; it is cruel; and it is unconscionable.
The administration's policies resemble those of a military style, and
the distress it creates in the system is generating a costly
humanitarian crisis. We should move away from this injustice and
support my amendment.
We must close all baby jails, and Congress must stop perpetuating the
expensive and cruel patchwork the immigration system has become. We
must learn from the lessons that history teaches us and not turn
military bases into internment camps.
This amendment would ensure that we don't repeat past mistakes. This
amendment would also prohibit the administration from detaining
immigrant children at Fort Sill, a military base once used as an
internment camp for Japanese Americans.
Moreover, this administration is considering detaining migrants in
Guantanamo Bay. This amendment would prevent children from being
shipped and detained there.
The military should not be dragged into this detention crisis that
this administration has created. Mission readiness should always be the
top priority for our armed services.
Madam Chairwoman, I thank Representative Chuy Garcia from Illinois,
Juan Vargas from California, Alexandria Ocasio-Cortez from New York,
Rashida Tlaib from Michigan, and Ayanna Pressley from Massachusetts for
their cosponsorship of this amendment.
I urge all of my colleagues to support this simple amendment, 15
words that protect our children and helps put them in the arms of their
families.
Madam Chairwoman, I reserve the balance of my time.
Mr. ROGERS of Alabama. Madam Chair, I rise in opposition to this
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Alabama. Madam Chair, I yield myself such time as I may
consume.
Madam Chairwoman, liberals and progressives have launched a concerted
attack on our defense authorization. They have attached a string of
partisan, progressive policy riders designed to gut DOD's assistance
along the southern border.
Every day, about half of all Customs and Border Protection officers
are pulled off the line for administrative duty, transportation, and
other work, taking them away from the border--mostly taking care of
children. The important job of caring for families and unaccompanied
children has been a tremendous challenge for these Border Patrol
agents.
Border Patrol stations and many HHS shelters have been at or above
capacity for months. In fact, the last 4 months, we have had over
100,000 apprehensions each of those months.
DHS has found 63,000 unaccompanied alien children along the southern
border so far this year. That is 13,000 more than all of last year. In
the past, DOD has been a trusted partner in housing thousands of
migrant children. This amendment bans all DOD assistance to housing
unaccompanied children.
Since 2012, DOD has provided DOD facilities and land for the
Department of Health and Human Services to shelter nearly 16,000
unaccompanied alien children who receive care, security,
transportation, and medical services. It would be irresponsible to cut
off DOD's ability to provide safe, secure, and accountable shelter for
these unaccompanied children in the middle of a border crisis.
I strongly oppose this amendment and urge my colleagues to do the
same, and I reserve the balance of my time.
Ms. GARCIA of Texas. Madam Chairwoman, how much time do I have
remaining?
The Acting CHAIR. The gentlewoman from Texas has 1\1/2\ minutes
remaining.
Ms. GARCIA of Texas. Madam Chair, I yield 1 minute to the gentlewoman
from Texas (Ms. Jackson Lee), my colleague from Houston.
Ms. JACKSON LEE. Madam Chairwoman, let me thank the gentlewoman from
Texas, Congresswoman Garcia, for her leadership. It can be seen that we
are intertwining on this issue, and I thank her for acknowledging the
fact that these children are unaccompanied.
We are not saying adults. We are not saying criminals. What we are
saying is they are children who are unaccompanied migrant children.
Many of them are unaccompanied because of the zero-tolerance policy
of this administration, the continued policy of separating children
from their guardian, from their grandmother, from their aunt.
How do I know this? Because I saw this firsthand this past Monday,
just 3 days ago, where unaccompanied children were held in a facility.
I asked the question: How are they unaccompanied? They are
unaccompanied because we took the adults away from them.
This is simple to say that these children not be held in Department
of Defense facilities. This does not undermine this bill. It simply
says that children are precious and should be handled in a manner that
provides them with the care, courtesy, and love of the right kind of
facilities.
But, most importantly, I support this amendment because I join my
colleague in saying that we do not accept zero tolerance in separating
children.
I support the amendment. I thank the gentlewoman for her leadership
in taking these children out of the Department of Defense facilities.
Mr. ROGERS of Alabama. Madam Chairwoman, I have no further speakers,
so I reserve the balance of my time to close.
Ms. GARCIA of Texas. Madam Chairwoman, I will just close. I think I
probably have about 30 to 45 seconds.
I just want to repeat something I have said. I think it is important
that we emphasize that we are talking about children, young children.
And, again, there is no national security reason to detain children.
Kids aren't prisoners of war. They do not belong in military bases.
They do not belong in tents. They do not belong in
[[Page H5722]]
cages. They belong in the arms of their mothers or with their families
or with a capable sponsor.
I yield back the balance of my time.
Mr. ROGERS of Alabama. Madam Chairwoman, I just want to remind people
that we don't want to have these unaccompanied children not have
appropriate places to stay and to get medical care, transportation, and
supervision that they need. That is all that we are providing for them,
because we don't have them in the CBP.
So I would urge people to reject this amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Garcia).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROGERS of Alabama. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Texas will
be postponed.
Amendment No. 429 Offered by Ms. Ocasio-Cortez
The Acting CHAIR. It is now in order to consider amendment No. 429
printed in part B of House Report 116-143.
Ms. OCASIO-CORTEZ. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle E of title X, insert the following:
SEC. 10__. PROHIBITION ON USE OF FUNDS FOR ENFORCEMENT OF
IMMIGRATION AND NATIONALITY ACT.
None of the funds authorized to be appropriated or
otherwise made available for the Department of Defense for
fiscal year 2020 may be obligated or expended for any
activity authorized pursuant to chapter 15 of title 10,
United States Code, or section 1059 of the National Defense
Authorization Act for Fiscal Year 15 2016 (Public Law 114-92;
129 Stat. 986; 10 U.S.C. 271 note prec.), if a significant
purpose of the activity is to assist with the enforcement of
any part of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from New York (Ms. Ocasio-Cortez) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Ms. OCASIO-CORTEZ. Madam Chair, this amendment prohibits the
executive branch from deploying troops on the southern border if the
purpose of this deployment is to enforce immigration law.
According to the Congressional Research Service, the armed services
do not have a clear legislative mandate to protect or patrol the
border. That is under the guidance of other aspects of our legislative
and executive branch.
The militarization of our immigration system, particularly under this
administration, must be stopped. This amendment ensures that our troops
are to be deployed only in the most exigent circumstances to address
actual national security threats.
This amendment would rescind the authority granted in the 2016 NDAA,
which empowers the President to needlessly deploy troops to the border
to enforce immigration law.
The amendment would not interfere with any mission that is truly
humanitarian or a true national security concern.
I reserve the balance of my time.
Mr. ROGERS of Alabama. Madam Chairwoman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Alabama. Madam Chair, I yield myself such time as I may
consume.
First, I want to point out, when DOD assets are sent to the border,
it is in a support capacity. They don't serve in a law enforcement
capacity. They don't patrol the border.
Right now, we have half of our Border Patrol agents, on a daily
basis, being taken off the border and put into administrative
functions, not doing law enforcement.
{time} 2200
When we send DOD assets down there, it is typically National Guard
personnel. They fill those back-end administrative functions so the
CBP-trained agents can go in and enforce the law.
Madam Chair, you never have seen and you are not going to see the DOD
assets being used to enforce the law.
The military has played an important role in securing our southern
border since the 1980s. Presidents Reagan, H.W. Bush, Clinton, W. Bush,
and Obama have authorized DOD assistance on the border in the form of
equipment or manpower on multiple occasions.
Every day, about half of all Customs and Border Protection officers
are pulled off the line for administrative duty, transportation, and
other work away from the border.
There were over 104,000 illegal aliens in June. That is a 380 percent
increase over June 2017. CBP is on track for over 1 million
apprehensions in this fiscal year.
DOD has been on site for months providing support. DOD medium-lift
air mobility support moves CBP agents to remote areas. Administrative
and transportation support puts CBP agents back in the field and off
bus duty. They provide camera and areal sensor operations to help
identify large groups of migrants and smuggler activity and to cut down
on response times.
This support is directly improving border apprehensions and response
times.
Again, DOD support on the border has been a bipartisan policy to
address migration surges for decades. Cutting off DOD assistance will
immediately and substantially worsen the crisis on our border.
Madam Chair, I strongly oppose this amendment. I urge my colleagues
to do the same, and I reserve the balance of my time.
Ms. OCASIO-CORTEZ. Madam Chair, the deployment of troops on our
border is a relatively new phenomenon. It is one that is unprecedented,
and it represents an unnecessary militarization toward what should be
seen as a humanitarian crisis.
Madam Chair, I yield 1 minute to the gentleman from Texas (Mr.
Castro).
Mr. CASTRO of Texas. Madam Chair, the President should be sending the
Red Cross to the border, not the United States military.
I stand today with many of my colleagues to ensure that our
government is not misusing funds, resources, and personnel that
Congress has provided. We have seen again and again how this
administration manipulates the law, congressional intent, and allocated
funding in order to impede the immigration process and play with
people's lives.
There is no reason for the administration to force the Department of
Defense to advance his anti-immigrant agenda and use our valuable
troops to conduct immigration enforcement duties. These are young
children and women who are fleeing desperate situations, and they
should be treated for what they are, folks seeking asylum at the U.S.-
Mexico border who are lawfully petitioning for asylum in the United
States.
We don't need the military there. We need the Red Cross.
Mr. ROGERS of Alabama. Madam Chair, I yield 1 minute to the gentleman
from Pennsylvania (Mr. Joyce), who is my friend and colleague.
Mr. JOYCE of Pennsylvania. Madam Chair, I thank the gentleman for
yielding and further thank him for his leadership on border security
matters and for opposing this harmful and extremist amendment.
Madam Chair, I rise in the strongest possible opposition to the
amendment offered by the gentlewoman from New York. This amendment is
dangerous, and it is disrespectful to the hardworking men and women of
our Border Patrol.
To make matters worse, my same colleague who is pushing this
amendment also wants to eliminate the Department of Homeland Security.
Madam Chair, if you want to get rid of DHS and you want to take away
DOD's ability to help secure the border, who is going to be left to
stop the drug traffickers and the cartel members who continue to
infiltrate our country in record numbers?
Madam Chair, this amendment is just another step in the ongoing
effort by my colleagues across the aisle to make us a country of open
borders.
I urge all Members of the House to stand up for the rule of law and
reject this amendment.
Ms. OCASIO-CORTEZ. Madam Chair, I think it is important that we
clarify
[[Page H5723]]
that in order to have a humane immigration system, we do not require
militarization or cruelty to children.
Asking that children not be caged and asking that human beings'
rights--human rights--be respected does not mean ``open borders.'' It
means that we be a humane nation that respects our mission as one that
guarantees liberty, prosperity, and the pursuit of happiness for all
people who live on American soil.
Madam Chair, I yield back the balance of my time.
Mr. ROGERS of Alabama. Madam Chair, I really take issue with the
characterization of militarization of our border. I just told the
gentlewoman a few minutes ago that these people don't work on the
border. When the military goes down there, they are in support
positions to allow the professional Border Patrol agents to do their
jobs so that we can provide better care for these individuals who are
trying to legally be processed.
There is no need for this. This is a wrongheaded amendment.
Madam Chair, I urge a ``no'' vote, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from New York (Ms. Ocasio-Cortez).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROGERS of Alabama. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from New York
will be postponed.
Amendment No. 430 Offered by Ms. Ocasio-Cortez
The Acting CHAIR. It is now in order to consider amendment No. 430
printed in part B of House Report 116-143.
Ms. OCASIO-CORTEZ. Madam Chair, I present an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end of subtitle E of title 10 the following:
SEC. __. LIMITATION ON USE OF FUNDS FOR PROVIDING HOUSING FOR
UNDOCUMENTED ALIENS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense may
be used for the purpose of providing housing in any
Department of Defense facility for any detained alien who has
no lawful immigration status in the United States.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from New York (Ms. Ocasio-Cortez) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Ms. OCASIO-CORTEZ. Madam Chair, this amendment prohibits the
executive branch from using the authorized funds to detain undocumented
immigrants in Department of Defense facilities.
One of the central aspects of the crisis at our border is that the
administration is asking agencies and departments that are unprepared
to house and detain refugees and asylum seekers when that is simply not
what they are trained or resourced to do.
This amendment will ensure that military and migrant families alike
will not be forced into operating or living in facilities never
intended for mass detention of human beings.
Madam Chair, I reserve the balance of my time.
Mr. ROGERS of Alabama. Madam Chair, I claim the time in opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Alabama. Madam Chair, I yield myself such time as I may
consume.
Madam Chair, the Border Patrol stations are at a breaking point.
Every station has been overcapacity for nearly all of 2019.
We have Border Patrol stations that were designed for a maximum
capacity of 4,000 individuals. On a regular basis, we have been having
20,000 people in these facilities.
DHS has already apprehended more than 390,000 illegal immigrant
family members in 2019, which is more than triple last year. This
explosion in families coming across the border is a key factor behind
the current crisis. Smugglers are intentionally dumping groups of over
100 people at a time in remote areas to overwhelm Border Patrol agents
and resources.
House Democrats stalled a supplemental for weeks as children and
families languished in overcrowded stations that were never designed
for this kind of crisis. Democrats are actively limiting DHS' ability
to detain migrants, which only fuels catch-and-release policies that
started the crisis to begin with.
DOD has provided safe, secure, and accountable housing for
unaccompanied alien children in the past and should absolutely have the
option to deal with them in the future.
Madam Chair, I reserve the balance of my time.
Ms. OCASIO-CORTEZ. Madam Chair, I think it is important for us to
clarify when we talk about ``unaccompanied children'' whom the
administration is labeling an ``unaccompanied child.''
If a child comes with their grandmother, they are deemed
unaccompanied. If the child comes with their older brother or sister,
they are deemed unaccompanied. If a child comes with a family member
that is anyone but their biological mother or father, they are deemed
unaccompanied. Their family is labeled as human traffickers, often by
the press or otherwise.
I think it is important that we add a cultural context to this
conversation. We have to reassert that seeking asylum is not a crime.
We should not be expanding a system of detention and criminalization of
people who have committed no crime and hurt no person, aside from just
simply trying to seek asylum, which is their human right.
Madam Chair, I reserve the balance of my time.
Mr. ROGERS of Alabama. Madam Chair, first, I do want to make a point
that we are not just talking about unaccompanied children here. The
gentlewoman's amendment is not just limited to that.
The gentlewoman does make a point that is correct, but I want to
emphasize why she is right. If they are not with their legal parent or
guardian, we don't know for sure whom that is they are traveling with.
They may say it is their grandmother, but for all we know, it is a sex
trafficker or a drug dealer who is just using the kid to get into the
States. We have on multiple occasions had CBP notice the same child
coming through five, six times with different ``families.''
If we are not sure that that is their legal guardian or parent, yes,
we are going to find a way to separate them until we can discern
whether or not that person should be traveling with them.
Madam Chair, I yield back the balance of my time.
Ms. OCASIO-CORTEZ. Madam Chair, I yield 30 seconds to the gentlewoman
from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Madam Chair, I thank the gentlewoman.
I think the process that the gentlewoman is advocating in this
amendment, which I support, is not militarizing the immigration system,
particularly since the immigration system is mostly civil.
Most of the migrants who are coming across the border are asking for
asylum. If we would simply put in place a process to be able to process
the asylum seekers and to increase the legal process for them, then we
wouldn't have to militarize the border by a deployment of troops or by
incarcerating individuals in military facilities.
That can be a bipartisan effort. If we join with my colleague to do
comprehensive immigration reform, then we will not need to utilize
these facilities. I agree that immigration does not equal defense or
criminalization.
Ms. OCASIO-CORTEZ. Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from New York (Ms. Ocasio-Cortez).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ROGERS of Alabama. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from New York
will be postponed.
Mr. SMITH of Washington. Madam Chair, I move that the Committee do
now rise.
[[Page H5724]]
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Castro of Texas) having assumed the chair, Mrs. Fletcher, Acting Chair
of the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
2500) to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes, had come to no resolution thereon.
____________________