59–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–569 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4909) TO AUTHORIZE 

APPROPRIATIONS FOR FISCAL YEAR 2017 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 

MAY 16, 2016.—Referred to the House Calendar and ordered to be printed 

Mr. BYRNE of Alabama, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 732] 

The Committee on Rules, having had under consideration House 

Resolution 732, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 4909, the National Defense Authorization Act for Fiscal Year 2017, under a 

structured rule. The resolution provides one hour of general debate 

equally divided and controlled by the chair and ranking minority 

member of the Committee on Armed Services. The resolution 

waives all points of order against consideration of the bill. The resolution provides that an amendment in the nature of a substitute 

consisting of the text of Rules Committee Print 114–51, modified 

by the amendment printed in part A of this report, shall be considered as adopted and the bill, as amended, shall be considered as 

read. The resolution waives all points of order against provisions 

in the bill, as amended. The resolution makes in order only those 

further amendments printed in part B this report and amendments 

en bloc described in section 3 of the resolution. The resolution provides that the amendments printed in part B of this report may be 

offered only in the order printed in this report, may be offered only 

by a Member designated in this report, shall be considered as read, 

shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not 

be subject to amendment, and shall not be subject to a demand for 

division of the question in the House or in the Committee of the 

Whole. The resolution waives all points of order against the amendVerDate Sep 11 2014 07:10 May 17, 2016 Jkt 059008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR569.XXX HR569

emcdonald on DSK67QTVN1PROD with HEARING
2 

ments printed in part B of this report or against amendments en 

bloc as described in section 3 of the resolution. 

Section 3 of the resolution provides that it shall be in order at 

any time for the chair of the Committee on Armed Services or his 

designee to offer amendments en bloc consisting of amendments 

printed in part B of this report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 

20 minutes equally divided and controlled by the chair and ranking 

minority member of the Committee on Armed Services or their designees, shall not be subject to amendment, and shall not be subject 

to a demand for division of the question in the House or the Committee of the Whole. 

Section 4 of the resolution provides that no further consideration 

of the bill shall be in order except pursuant to a subsequent order 

of the House. 

EXPLANATION OF WAIVERS 

The waiver of all points of order against consideration of the bill 

includes a waiver of clause 3(e)(1) of rule XIII (Ramseyer), requiring a committee report accompanying a bill amending or repealing 

statutes to show, by typographical device, parts of statute affected. 

The waiver of all points of order against provisions in the bill, 

as amended, includes a waiver of clause 4 of rule XXI, which prohibits reporting a bill or joint resolution carrying an appropriation 

from a committee not having jurisdiction to report an appropriation. It is important to note that if amendment #1 offered by Rep. 

Thornberry is adopted, this violation will be cured. 

Although the resolution waives all points of order against the 

amendments printed in part B of this report or against amendments en bloc as described in section 3 of the resolution, the Committee is not aware of any points of order. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 167 

Motion by Mr. McGovern to strike the portion of the resolution 

self-executing amendment #2, offered by Mr. Sessions. Defeated: 

2—9 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. ...................

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 


emcdonald on DSK67QTVN1PROD with HEARING
3 

SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED

Sessions (TX): Strikes Sec. 528, which requires selective service 

registration and conscription requirements for female residents of 

the United States between the ages of 18 and 26 and requires a 

study of the Selective Service. 

SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

1. Thornberry (TX): Clarifies that the special transfer authority 

in section 1702 is subject to appropriation Acts. (10 minutes) 

2. Westerman (AR): Provides an additional $82.4 million for the 

Surface-To-Air missile MSE program that mitigates critical shortfall in Army War Reserve requirements. Takes $82.4 million from 

Atomic Energy Defense Activities, National Nuclear Security Administration, Defense Nuclear Nonproliferation, Material management and minimization account. (10 minutes) 

3. Garamendi (CA): Reduces the authorization for the Ground 

Based Strategic Deterrent program by $17.93 million, the amount 

identified by the Government Accountability Office as in excess of 

program need for Fiscal Year 2016. 

This amendment increases the authorization for Air Force procurement of Large Aircraft Infrared Countermeasures by $17.93 

million to address an unfunded requirement identified by the Air 

Force. (10 minutes) 

4. McKinley (WV), Napolitano (CA): Increases the National 

Guard Youth Challenge Program under Civil Military Programs by 

$15 million and decreases by the same amount Operations and 

Maintenance, Defense-wide. (10 minutes) 

5. Guthrie (KY): Authorizes the Secretary of the Army to continue to provide for the production, treatment, management, and 

use of natural gas located under Fort Knox, Kentucky. (10 minutes) 

6. Gallego (AZ): Requires each branch of the Armed Services to 

monitor prescribing of medications to treat PTSD among Service 

Members. (10 minutes) 

7. Graves (MO), Takai (HI): Requires the DOD to report to the 

Armed Services Committee on the agency’s use of a two-phase procurement process. (10 minutes) 

8. Jackson Lee (TX): Requires outreach for small business concerns owned and controlled by women and minorities required before conversation of certain functions to contractor performance (10 

minutes) 

9. Jackson Lee (TX): Requires the Government Accountability Office to include in its annual report to congress a list of the most 

common grounds for sustaining protests related to bids for contracts. (10 minutes) 

10. McKinley (WV), Delaney (MD), Cook (CA), Garamendi (CA), 

Harris (MD), King, Peter (NY): Requires the Secretary of Defense 

to ensure that every tactical missile program of the Department of 

Defense that uses solid propellant as the primary propulsion system shall have at least two fully certified rocket motor suppliers in 

the event that one of the rocket motor suppliers is outside the national technology and industrial base. (10 minutes) 

11. Thornberry (TX): Amends Section 101 of the National Security Act of 1947 (50 U.S.C. 3021) to address the National Security 

Council’s enlarged staff size and subsequent micromanagement of 


emcdonald on DSK67QTVN1PROD with HEARING
4 

military operations, which is inconsistent with its statutory advisory and coordination roles. The amendment would also increase 

oversight and accountability by requiring Senate confirmation of 

the National Security Advisor if the staff size of the National Security Council exceeds 100 employees. (10 minutes) 

12. Nadler (NY): Removes funding prohibitions on the closure of 

the prison at Guantanamo Bay, Cuba. (10 minutes) 

13. Walorski (IN): Amends the Freedom of Information Act to include the National Security Council (NSC) and makes the FOIA requirement effective after Senate confirmation of National Security 

Advisor. (10 minutes) 

14. Poe (TX): Directs the Secretary of Defense to give preference 

to State and Federal agencies who conduct border security functions for distribution of surveillance unmanned aerial vehicles including the MQ 9 Reaper, the Aerostat radar system; night-vision 

goggles; and Humvees as part of the DOD’s Excess Property Program (1033 program). (10 minutes) 

15. Hunter (CA): Expands the use of the Transportation Worker 

Identification Credential (TWIC) regarding access at DoD installations. (10 minutes) 

16. Kelly (PA): Prohibits funds from being used to destroy antipersonnel landmine munitions unless the Secretary of Defense submits a report on research into operational alternatives to these munitions. (10 minutes) 

17. Royce (CA): Prohibits any action to impair U.S. jurisdiction 

and control over Naval Station Guantanamo Bay unless authorized 

or provided by subsequent statute or treaty, based on unique legal 

history of that U.S. base. (10 minutes) 

18. Walorski (IN): Requires the United States Government and 

the government of a foreign country to enter into a written memorandum of understanding regarding the transfer of an individual 

from Guantanamo Bay and transmitted to the Congress. (10 minutes) 

19. Calvert (CA): Requires a report on the Department of Defense civilian work force and contractors. (10 minutes) 

20. Moore, Gwen (WI): Expresses the sense of Congress regarding the intentional targeting of and attacks against medical facilities and medical providers in Syria. (10 minutes) 

21. Forbes (VA): Requires that the Secretary of Defense submit 

a report at the end of each fiscal year listing each request received 

from Taiwan and each letter of offer to sell any defense articles or 

services under the Arms Export Control Act to Taiwan during such 

fiscal year. (10 minutes) 

22. Turner (OH): Expresses a Sense of Congress that the United 

States should take certain actions relevant to maintaining NATO’s 

solidarity, strength, and deterrent capability in addition to promoting NATO enlargement at the July 2016 NATO Summit in 

Warsaw, Poland. (10 minutes) 

23. Graves (MO): Reins in SBA’s authority to fund initiatives 

outside its current authorized authority. (10 minutes) 

24. Hanna (NY), Kilmer (WA): Directs Small Business Development Centers to provide, to the extent practicable, cyber assistance 

to small businesses. Requires the Small Business Administration 

and the Department of Homeland Security to develop a joint 

‘‘SBDC Cyber Strategy’’ to provide necessary guidance to Small 


emcdonald on DSK67QTVN1PROD with HEARING
5 

Business Development Centers regarding how they can improve 

the coordination and provision of federal cyber assistance to small 

businesses. (10 minutes) 

25. Larsen, Rick (WA): Amends waiver on prohibition of use of 

atomic energy defense funding for work with Russia to allow the 

Secretary of Energy to issue waiver if activity will significantly reduce the nuclear threat, regardless of backlog at DOE defense nuclear facilities. (10 minutes) 

26. Rogers, Mike (AL): Fences 50% of the funds for the Office of 

the Secretary of Energy until he provides a specific report to the 

specified congressional committees. (10 minutes) 

27. Adams (NC): Provides for online entrepreneurial counseling 

services through the Service Corps of Retired Executives (SCORE) 

program and requires SCORE to submit a study and report on the 

future of the program through a strategic plan that covers the 

course of the next 5 years. (10 minutes) 

28. Collins, Chris (NY), Higgins (NY): Requires the Secretary of 

the Army to consider using cost-competitive technologies that minimize waste generation and air emissions as alternatives to current 

disposal methods when reducing munitions in the stock-pile of conventional ammunition or B5A Account. (10 minutes) 

29. Russell (OK): Expresses the Sense of Congress that the Dept. 

of Defense should reassess their guidelines on how they evaluate 

motor carrier safety performance. The GAO found that DOD lowered standards to Dept. of Transportation standards, even for the 

transport of hazardous materials. (10 minutes) 

30. Costa (CA): Directs the Secretary to report to the Committees 

of jurisdiction regarding the efficacy of prioritizing training exercises for National Guard IRT teams with well drilling capability in 

locations in disadvantaged communities with drinking water supplies that have been impacted as a result of drought. (10 minutes) 

31. McKinley (WV): Requires the Secretary of Defense to establish an electronic tour calculator so that reservists could keep track 

of aggregated active duty tours of 90 days or more served within 

a fiscal year. (10 minutes) 

32. Meng (NY), McSally (AZ): Requires GAO report on admissions practices and gender composition of military service academies. (10 minutes) 

33. Palmer (AL): Allows for the award of a Distinguished Service 

Cross to 1st LT Melvin M. Spruiell for his acts of valor during 

WWII as a member of the Army serving in France with the 377th 

Parachute Field Artillery, 101st Airborne Division. (10 minutes) 

34. Sewell (AL): Allows cyber institutes to place a special emphasis on entering into a partnership with a local educational agency 

located in a rural, under served, or underrepresented community. 

(10 minutes) 

35. Takano (CA): Includes in the report to Congress on the direct 

employment pilot program for members of the National Guard and 

Reserve (Sec. 566) a comparison of the pilot program to other DOD 

and VA unemployment and underemployment programs. (10 minutes) 

36. Grayson (FL): Requires the inclusion of information concerning the availability of treatment options and resources available to address substance abuse (including alcohol, prescription 


emcdonald on DSK67QTVN1PROD with HEARING
6 

drug, and opioid abuse), as part of the required servicemember 

preseparation counseling. (10 minutes) 

37. Bost (IL): Makes a technical change to impact aid program. 

(10 minutes) 

38. DelBene (WA): Eliminates the 2-year eligibility limitation for 

noncompetitive appointment of military spouses to civil service positions when a member of the Armed Forces is relocated in connection with their service. (10 minutes) 

39. Bera (CA): Requires the Secretary of Defense, in consultation 

with the Secretaries of the VA, Education, and Labor, to submit a 

report to Congress detailing the transfer of skills into college credit 

or technical certifications for members of the Armed Forces leaving 

the military. (10 minutes) 

40. McGovern (MA), Pompeo (KS): Requires the Secretary of Defense to design and produce a military service medal to honor retired and former members of the Armed Forces who are radiationexposed veterans (Atomic Veterans). (10 minutes) 

41. Grayson (FL): Requires the Secretary of Defense to consider 

‘‘comparable quality of service’’ as criteria used to determine partnership agreements between facilities of the uniformed services 

and local or regional health care systems. (10 minutes) 

42. Carter, John (TX): Places specific reporting requirements on 

the Defense Department when prescribing and distributing 

Mefloquine to members of the Armed Forces, and requires the Secretary of Defense to conduct an annual review for each Mefloquine 

prescription. Expands the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury’s mission to include 

the study of the adverse health effects of Mefloquine. (10 minutes) 

43. Wilson, Joe (SC): Modifies Section 825(f) of the FY17 NDAA 

to sunset the required report after five years. (10 minutes) 

44. Wilson, Joe (SC): Modifies the effective date for section 

901(a)(1) of the National Defense Authorization Act for Fiscal Year 

2015 by extending it one year to February, 1, 2018. (10 minutes) 

45. Beyer (VA), Wittman (VA), Connolly (VA), Lamborn (CO), 

Comstock (VA), Ruppersberger (MD): Ensures that DOD is using 

LPTA in an effective and appropriate manner as a source selection 

process. States that it should be DOD policy to avoid LPTA use in 

circumstances that potentially deny the Department the benefits of 

cost and technical tradeoffs in the source selection process. (10 minutes) 

46. Burgess (TX), Schakowsky (IL), DeFazio (OR), Welch (VT): 

Requires a report ranking all military departments and Defense 

Agencies in order of how advanced they are in achieving auditable 

financial statements as required by law. (10 minutes) 

47. Turner (OH): Requires the Secretary of the Air Force to provide a briefing to the House Armed Services Committee on the 

process used to include proximity to certain commercial airports as 

part of its Strategic Basing Process. (10 minutes) 

48. Zeldin (NY): Requires the United States Navy to specifically 

assess synthetic aperture sonar systems and subsequently report 

on whether they are a suitable for incorporation on the Littoral 

Combat Ship (LCS). (10 minutes) 

49. Frankel (FL): Expresses Congress’s appreciation to American 

veterans disabled for life and supports the annual recognition of 

these individuals each year. (10 minutes) 


emcdonald on DSK67QTVN1PROD with HEARING
7 

50. Beyer (VA): Pairs the FAA and the DOD to study possible 

changes to these routes and altitude caps to minimize the impact 

from these overflight operations. (10 minutes) 

51. Trott (MI): States that the President shall instruct the U.S. 

Ambassador to the United Nations to use the voice and vote of the 

United States to seek the establishment of a United Nations processing center in Erbil, Iraq to assist internationally displaced communities. (10 minutes) 

52. Vela (TX): Requires the Department of Defense to submit a 

report to Congress on the impact of cartel violence in Mexico on 

U.S. national security. (10 minutes) 

53. Thornberry (TX): Requires the Secretaries of Defense and 

State to submit to the appropriate committees of Congress a report 

containing a description of the steps the United States has taken, 

plans to take, and will take to provide Taiwan with arms of a defensive character in accordance with the Taiwan Relations Act 

(Public Law 96—8; 22 U.S.C. 3301 et 14 seq.). (10 minutes) 

54. Nolan (MN): Prohibits funding from the Syria Train and 

Equip program to recipients that the Secretary of Defense has reported as having misused provided training and equipment. (10 

minutes) 

55. Aguilar (CA): Creates a pilot program to improve the ability 

of the Army and Air Force, respectively, to recruit cyber professionals. (10 minutes) 

56. Dold (IL): Extends the authorization of a 2014 project for barracks at Great Lakes, IL. (10 minutes) 

57. Chu (CA): Ensures that the Small Business Administration 

considers the population density of the area to be serviced by women’s business centers when reviewing and selecting eligible entities 

for WBC grants. (10 minutes) 

58. Perlmutter (CO): Allows deed restrictions on former U.S. 

Army land at Rocky Mountain Arsenal to be modified or removed 

should an environmental risk assessment determine the property is 

protective for residential or industrial uses. (10 minutes) 

59. Pompeo (KS): Requires the Director of National Intelligence 

to complete a declassification review of intelligence reports related 

to the past terrorist activities of individuals who were transferred 

or released from GTMO, and make available to the public any information declassified as a result of the declassification review. (10 

minutes) 

60. Zinke (MT), Rogers, Mike (AL), Lummis (WY), DeLauro (CT): 

Ensures the security of our land-based nuclear forces and ensures 

an acquisition strategy that will field a UH 1N replacement aircraft in fiscal year 2018. (10 minutes) 

61. McSally (AZ): Places a prohibition on enforcement of military 

commission rulings preventing members of the Armed Forces from 

carrying out otherwise lawful duties based on member gender, such 

as guarding high-value detainees at Guantanamo Bay. (10 minutes) 

PART A—TEXT OF AMENDMENT CONSIDERED AS ADOPTED

Strike section 528 (page 127, beginning line 14), and insert the 

following new section: 


emcdonald on DSK67QTVN1PROD with HEARING
8 

SEC. 528. REPORT ON PURPOSE AND UTILITY OF REGISTRATION SYSTEM UNDER MILITARY SELECTIVE SERVICE ACT. 

(a) REPORT REQUIRED.—Not later than July 1, 2017, the Secretary of Defense shall— 

(1) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the current 

and future need for a centralized registration system under the 

Military Selective Service Act (50 U.S.C. 3801 et seq.); and 

(2) provide a briefing on the results of the report. 

(b) ELEMENTS OF REPORT.—The report required by subsection (a) 

shall include the following: 

(1) A detailed analysis of the current benefits derived, both 

directly and indirectly, from the Military Selective Service System, including— 

(A) the extent to which mandatory registration benefits 

military recruiting; 

(B) the extent to which a national registration capability 

serves as a deterrent to potential enemies of the United 

States; and 

(C) the extent to which expanding registration to include 

women would impact these benefits. 

(2) An analysis of the functions currently performed by the 

Selective Service System that would be assumed by the Department of Defense in the absence of a national registration 

capability. 

(3) An analysis of the systems, manpower, and facilities that 

would be needed by the Department to physically mobilize inductees in the absence of the Selective Service System. 

(4) An analysis of the feasibility and utility of eliminating 

the current focus on mass mobilization of primarily combat 

troops in favor of a system that focuses on mobilization of all 

military occupational specialties, and the extent to which such 

a change would impact the need for both male and female inductees. 

(5) A detailed analysis of the Department’s personnel needs 

in the event of an emergency requiring mass mobilization, including— 

(A) a detailed timeline, along with the factors considered 

in arriving at this timeline, of when the Department would 

require— 

(i) the first inductees to report for service; 

(ii) the first 100,000 inductees to report for service; 

and 

(iii) the first medical personnel to report for service; 

and 

(B) an analysis of any additional critical skills that 

would be needed in the event of a national emergency, and 

a timeline for when the Department would require the 

first inductees to report for service. 

(6) A list of the assumptions used by the Department when 

conducting its analysis in preparing the report. 

(c) COMPTROLLER GENERAL REVIEW.—Not later than December 1, 

2017, the Comptroller General of the United States shall submit to 

the Committees on Armed Services of the Senate and the House of 


emcdonald on DSK67QTVN1PROD with HEARING
9 

Representatives a review of the procedures used by the Department of Defense in evaluating selective service requirements. 

PART B—TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE THORNBERRY OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 727, line 5, insert after ‘‘may’’ the following: ‘‘, as specified 

in advance by appropriations Acts,’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

WESTERMAN OF ARKANSAS OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

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

SEC. 1ll. FUNDING FOR SURFACE-TO-AIR MISSILE SYSTEM. 

(a) INCREASE.—Notwithstanding the amounts set forth in the 

funding tables in division D, the amount authorized to be appropriated for procurement, as specified in the corresponding funding 

table in section 4101, for missile procurement, Army, surface-to-air 

missile system, MSE missile (Line 002) is hereby increased by 

$82,400,000. 

(b) OFFSET.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated 

for Department of Energy national security programs, as specified 

in the corresponding funding table in section 4701, for Defense Nuclear Nonproliferation, Defense Nuclear Nonproliferation Programs, 

Defense Nuclear Nonproliferation R&D, Material management and 

minimization is hereby reduced by $82,400,000. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

GARAMENDI OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

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

SEC. 1ll. FUNDING FOR LARGE AIRCRAFT INFRARED COUNTERMEASURES. 

(a) INCREASE.—Notwithstanding the amounts set forth in the 

funding tables in division D, there is authorized to be appropriated 

$17,930,000 for procurement, Air Force, Large Aircraft Infrared 

Countermeasures. 

(b) OFFSET.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated 

for research, development, test, and evaluation, as specified in the 

corresponding funding table in section 4201, for advanced component development & prototypes, Ground Based Strategic Deterrent 

(Line 044) is hereby reduced by $17,930,000. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCKINLEY

OF WEST VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title III, add the following new section: 


emcdonald on DSK67QTVN1PROD with HEARING
10 

SEC. 3ll. 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 $15,000,000 (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 $15,000,000. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GUTHRIE

OF KENTUCKY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 81, insert after line 14 the following: 

SEC. 312. PRODUCTION AND USE OF NATURAL GAS AT FORT KNOX. 

(a) PRODUCTION AND USE OF NATURAL GAS AT FORT KNOX.— 

Chapter 449 of title 10, United States Code, is amended by adding 

at the end the following new section: 

‘‘§ 4781. Natural gas: production, treatment, management, 

and use at Fort Knox, Kentucky 

‘‘(a) AUTHORITY.—(1) The Secretary of the Army may provide for 

the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky, without regard to section 3 of 

the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352). 

‘‘(2) The Secretary is authorized to enter into a contract with an 

appropriate entity to carry out paragraph (1). 

‘‘(b) LIMITATION ON USES.—Any natural gas produced under subsection (a) may be used only to support activities and operations at 

Fort Knox and may not be sold for use elsewhere. 

‘‘(c) OWNERSHIP OF FACILITIES.—The Secretary of the Army may 

take ownership of any gas production and treatment equipment 

and facilities and associated infrastructure from an entity with 

which the Secretary has entered into a contract under subsection 

(a) in accordance with the terms of the contract. 

‘‘(d) APPLICABILITY.—The authority of the Secretary of the Army 

under this section is effective as of August 2, 2007.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘4781. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky.’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GALLEGO

OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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


emcdonald on DSK67QTVN1PROD with HEARING
11 

SEC. lll. REQUIREMENT TO REVIEW AND MONITOR PRESCRIBING 

PRACTICES AT MILITARY TREATMENT FACILITIES OF 

PHARMACEUTICAL AGENTS FOR TREATMENT OF POSTTRAUMATIC STRESS. 

(a) IN GENERAL.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall— 

(1) conduct a comprehensive review of the prescribing practices at military treatment facilities of pharmaceutical agents 

for the treatment of post-traumatic stress; 

(2) implement a process or processes to monitor the prescribing practices at military treatment facilities of pharmaceutical agents that are discouraged from use under the VA/ 

DOD Clinical Practice Guideline for Management of Post-Traumatic Stress; and 

(3) implement a plan to address any deviations from such 

guideline in prescribing practices of pharmaceutical agents for 

management of post-traumatic stress at such facilities. 

(b) PHARMACEUTICAL AGENT DEFINED.—In this section, the term 

‘‘pharmaceutical agent’’ has the meaning given that term in section 

1074g(g) of title 10, United States Code. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAVES OF

MISSOURI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VIII, add the following new section: 

SEC. 843. IMPROVEMENTS TO THE DESIGN-BUILD CONSTRUCTION 

PROCESS FOR DEFENSE CONTRACTS. 

(a) IN GENERAL.—Section 2305a of title 10, United States Code, 

is amended— 

(1) by amending subsection (b) to read as follows: 

‘‘(b) CRITERIA FOR USE.— ‘‘(1) CONTRACTS WITH A VALUE OF AT LEAST $4,000,000.—Twophase selection procedures shall be used for entering into a 

contract for the design and construction of a public building, 

facility, or work when a contracting officer determines that the 

contract has a value of $4,000,000 or greater. 

‘‘(2) CONTRACTS WITH A VALUE LESS THAN $4,000,000.—For 

projects that a contracting officer determines have a value of 

less than $4,000,000, the contracting officer shall make a determination whether two-phase selection procedures are appropriate for use for entering into a contract for the design and 

construction of a public building, facility, or work when— 

‘‘(A) the contracting officer anticipates that 3 or more offers will be received for the contract; 

‘‘(B) design work must be performed before an offeror 

can develop a price or cost proposal for the contract; 

‘‘(C) the offeror will incur a substantial amount of expense in preparing the offer; and 

‘‘(D) the contracting officer has considered information 

such as— 

‘‘(i) the extent to which the project requirements 

have been adequately defined; 

‘‘(ii) the time constraints for delivery of the project; 

‘‘(iii) the capability and experience of potential contractors; 


emcdonald on DSK67QTVN1PROD with HEARING
12 

‘‘(iv) the suitability of the project for use of the twophase selection procedures; 

‘‘(v) the capability of the agency to manage the twophase selection process; and 

‘‘(vi) other criteria established by the agency.’’; 

(2) by striking the second sentence in subsection (d) and inserting the following: ‘‘The maximum number specified in the 

solicitation shall not be greater than 5 unless the head of the 

contracting activity (or a designee of the head who is in a position not lower than the supervisor of the contracting officer) 

approves the contracting officer’s justification with respect to 

an individual solicitation that a specified number greater than 

5 is in the Federal Government’s interest.’’; and 

(3) by adding at the end the following new subsection: 

‘‘(g) ANNUAL REPORTS.— 

‘‘(1) IN GENERAL.—Not later than November 30 of each of the 

years 2016 through 2020, the Secretary of Defense shall submit to the Director of the Office of Management and Budget an 

annual report containing each instance in which the agency 

awarded a design-build contract pursuant to section 2305a of 

this title, during the preceding fiscal year in which— 

‘‘(A) more than 5 finalists were selected for phase-two requests for proposals; or 

‘‘(B) the contract was awarded without using two-phase 

selection procedures. 

‘‘(2) PUBLIC AVAILABILITY.—The Director of the Office of 

Management and Budget shall make available to the public, 

including on the Internet, the annual reports described in 

paragraph (1), and publish a notice of the availability of each 

report in the Federal Register.’’. 

(b) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—Not later 

than 270 days after November 30, 2020, the Comptroller General 

of the United States shall issue a report analyzing the compliance 

of the various Federal agencies with the requirements of subsection 

(g) of section 2305a of title 10, United States Code (as added by 

subsection (a)(3)). 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VIII, add the following new section: 

SEC. 843. ASSESSMENT OF OUTREACH FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY WOMEN AND MINORITIES REQUIRED BEFORE CONVERSION OF CERTAIN 

FUNCTIONS TO CONTRACTOR PERFORMANCE. 

No Department of Defense function that is performed by Department of Defense civilian employees and is tied to a certain military 

base may be converted to performance by a contractor until the 

Secretary of Defense conducts an assessment to determine if the 

Department of Defense has carried out sufficient outreach programs to assist small business concerns owned and controlled by 

women (as such term is defined in section 8(d)(3)(D) of the Small 

Business Act (15 U.S.C. 637(d)(3)(D))) and small business concerns 

owned and controlled by socially and economically disadvantaged 

individuals (as such term is defined in section 8(d)(3)(C) of the 


emcdonald on DSK67QTVN1PROD with HEARING
13 

Small Business Act (15 U.S.C. 637(d)(3)(C))) that are located in the 

geographic area near the military base. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VIII (page 326, after line 4), insert the following: 

SEC. 843. INCLUSION OF INFORMATION ON COMMON GROUNDS FOR 

SUSTAINING BID PROTESTS IN ANNUAL GOVERNMENT 

ACCOUNTABILITY OFFICE REPORTS TO CONGRESS. 

The Comptroller General of the United States shall include in 

the annual report to Congress on the Government Accountability 

Office each year a list of the most common grounds for sustaining 

protests relating to bids for contracts during such year. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCK 

INLEY OF WEST VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Add at the end of title VIII the following new section: 

SEC. 843. POLICY REGARDING SOLID ROCKET MOTORS USED IN TACTICAL MISSILES. 

(a) POLICY.—The Secretary of Defense shall ensure that every 

tactical missile program of the Department of Defense that uses 

solid propellant as the primary propulsion system shall have at 

least two fully certified rocket motor suppliers in the event that 

one of the rocket motor suppliers is outside the national technology 

and industrial base (as defined in section 2500(1) of title 10, United 

States Code). 

(b) WAIVER.—The Secretary may waive subsection (a) in the case 

of compelling national security reasons. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE THORNBERRY OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title IX, add the following new section: 

SEC. 9ll. REFORM OF NATIONAL SECURITY COUNCIL. 

(a) FINDINGS.—Congress finds the following: 

(1) The National Security Council has increasingly micromanaged military operations and centralized decisionmaking 

within the staff of the National Security Council. The size of 

the staff has contributed this problem. 

(2) As stated by former Secretary of Defense Robert M. 

Gates, ‘‘It was the operational micromanagement that drove 

me nuts of White House and [National Security Council] staffers calling senior commanders out in the field and asking them 

questions, second guessing commanders’’, and by another 

former Secretary of Defense Leon Panetta, ‘‘[B]ecause of that 

centralization of that authority at the White House, there are 

too few voices being heard in terms of the ability to make decisions and that includes members of the cabinet.’’. 

(3) Gates stated, ‘‘You have 25 people working on a single 

military problem... They are going to be doing things they 


emcdonald on DSK67QTVN1PROD with HEARING
14 

shouldn’t be doing,’’ and Panetta noted, ‘‘The National Security 

Council has grown enormously, which means you have a lot 

more staff people running around at the White House on these 

foreign policy issues.’’. 

(4) Press reports indicate that National Security Council 

micromanagement has included selecting targets in ongoing 

military operations, specifying detailed parameters and limitations on military operations, and managing military planning 

and the execution of plans. 

(5) As stated in section 101(a) of the National Security Act 

of 1947 (50 U.S.C. 3021(a)), the ‘‘function of the Council shall 

be to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national 

security so as to enable the military services and the other departments and agencies of the Government to cooperate more 

effectively in matters involving the national security’’. 

(6) As stated in the November 1961 staff reports and recommendations on ‘‘Organizing for National Security’’ submitted 

to the Committee on Government Operations of the Senate by 

the Subcommittee on National Policy Machinery, ‘‘The Council 

is an interagency committee: It can inform, debate, review, adjust, and validate... The Council is not a decisionmaking body; 

it does not itself make policy. It serves only in an advisory capacity to the President, helping him arrive at decisions which 

he alone can make.’’. 

(7) As noted in the 1987 Report of the President’s Special Review Board (commonly known as the ‘‘Tower Commission Report’’), ‘‘As a general matter, the [National Security Council] 

staff should not engage in the implementation of policy or the 

conduct of operations. This compromises their oversight role 

and usurps the responsibilities of the departments and agencies.’’. 

(8) As noted in the ‘‘Addendum on Structure and Process 

Analyses: Volume II – Executive Office of the President,’’ accompanying the February 2001 U.S. Commission on National 

Security/21st Century (commonly known as the ‘‘Hart-Rudman 

Commission’’), ‘‘[T]he degree to which the [National Security 

Council] gets involved in operational issues raises a question 

of congressional oversight. Today there is limited congressional 

oversight of the [National Security Council]... Assigning the 

[National Security Council] greater operational responsibility 

would likely result in calls for more congressional oversight 

and legislative control...’’. 

(9) According to analysis from the Brookings Institution’s 

National Security Council Project, the size of the National Security Council staff from the early 1960s to the mid-1990s remained consistently under 60 personnel. Since then, it has 

grown significantly in size. 

(10) As former National Security Advisor, Zbigniew 

Brzezinski, wrote in ‘‘The NSC’s Midlife Crisis’’ in Foreign Policy, Winter 1987–1988, ‘‘There is no magic number, but it 

would appear that for successful strategic planning and policy 

coordination 30-40 senior staff members are probably adequate. However, to ensure effective supervision over policy implementation as well, the size of the staff should be somewhat 


emcdonald on DSK67QTVN1PROD with HEARING
15 

larger. An optimal figure for the senior staff probably would be 

about 50 senior staff members.’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the function of the National Security Council, consistent 

with the National Security Act of 1947 (50 U.S.C. 3001 et seq.), 

is to advise the President as an independent honest broker on 

national security matters, to coordinate national security activities across departments and agencies, and to make recommendations to the President regarding national security objectives and policy, and the size of the staff of the National Security Council should be appropriately aligned to this function; 

(2) the President is entitled to privacy in the Office of the 

President and to a confidential relationship with the National 

Security Advisor and the National Security Council; and 

(3) however, a National Security Council, enabled by a large 

staff, that assumes a central policymaking or operational role 

is no longer advisory and should be publicly accountable to the 

American people through Senate confirmation of its leadership 

and the activities of the Council subject to direct oversight by 

Congress. 

(c) AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.—Section 

101 of the National Security Act of 1947 (50 U.S.C. 3021), is 

amended— 

(1) in subsection (a)— 

(A) in paragraph (5), by striking ‘‘and’’; 

(B) in paragraph (6), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding after paragraph (6) the following new 

paragraph: 

‘‘(7) the Assistant to the President for National Security Affairs.’’; 

(2) in subsection (c), by striking ‘‘shall receive compensation at the rate of $10,000 a year.’’ and inserting ‘‘shall report to, 

and be under the general supervision of, the Assistant to the 

President for National Security Affairs.’’; 

(3) by redesignating subsections (d) through (l) as subsections (e) through (m), respectively; and 

(4) by inserting after subsection (c) the following new subsection: 

‘‘(d)(1)(A) Except as provided by subparagraph (B), the Assistant 

to the President for National Security Affairs shall be appointed by 

the President. 

‘‘(B) If the staff of the Council exceeds 100 covered employees at 

any point during a term of the President, and for the duration of 

such term (without regard to any changes to the number of such 

covered employees), the Assistant to the President for National Security Affairs shall be appointed by the President, by and with the 

advice and consent of the Senate. 

‘‘(2)(A) Beginning on the date on which the staff of the Council 

exceeds 100 covered employees, the person appointed as the Assistant under paragraph (1)(A), the person nominated by the President 

to be appointed the Assistant under paragraph (1)(B), or any other 

person designated by the President to serve as the Assistant in an 

acting capacity, may serve in an acting capacity for no longer than 

210 days. 


emcdonald on DSK67QTVN1PROD with HEARING
16 

‘‘(B) If the person nominated by the President to be appointed the 

Assistant under paragraph (1)(B) is rejected by the Senate, withdrawn, or returned to the President by the Senate, the President 

shall nominate another person and the person serving as the acting 

Assistant may continue to serve— 

‘‘(i) until the second nomination is confirmed; or 

‘‘(ii) for no more than 210 days after the second nomination 

is rejected, withdrawn, or returned. 

‘‘(3) The President shall notify Congress in writing not more than 

seven days after the date on which the staff of the Council exceeds 

100 covered employees. 

‘‘(4) In this subsection, the term ‘covered employees’ means each 

of the following officers and employees (counted without regard to 

full-time equivalent basis): 

‘‘(A) Officers and employees occupying a position funded by 

the Executive Office of the President performing a function of 

the Council. 

‘‘(B) Officers, employees, and members of the Armed Forces 

from any department, agency, or independent establishment of 

the executive branch of the Government that are on detail to 

the Council performing a function of the Council.’’. 

(d) CONFORMING AMENDMENT.—Section 3(12) of the International 

Religious Freedom Act of 1998 (22 U.S.C. 6402(12)) is amended by 

striking ‘‘section 101(i)’’ and inserting ‘‘section 101(l)’’. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NADLER

OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike sections 1032 and 1033. 

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WALORSKI

OF INDIANA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 10ll. APPLICATION OF THE FREEDOM OF INFORMATION ACT 

TO THE NATIONAL SECURITY COUNCIL. 

(a) IN GENERAL.—Section 552(f)(1) of title 5, United States Code 

(commonly referred to as the Freedom of Information Act), is 

amended by inserting ‘‘and the National Security Council’’ after 

‘‘the Executive Office of the President’’. 

(b) EFFECTIVE DATE; APPLICATION.— 

(1) EFFECTIVE DATE.—The amendment made by subsection 

(a) shall take effect on the date on which the first Assistant to 

the President for National Security Affairs is appointed by the 

President, by and with the advice and consent of the Senate, 

pursuant to section 101(d)(1)(B) of the National Security Act of 

1947 (50 U.S.C. 3021(d)(1)(B)), as added by title IX of this Act. 

(2) APPLICATION.—The amendment made by subsection (a) 

shall apply with respect to any record created by the National 

Security Council on or after the date specified in paragraph (1). 


emcdonald on DSK67QTVN1PROD with HEARING
17 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POE OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 394, after line 5, insert the following: 

SEC. 1048. REQUIREMENT RELATING TO TRANSFER OF EXCESS DEPARTMENT OF DEFENSE EQUIPMENT TO FEDERAL AND 

STATE AGENCIES. 

Section 2576a of title 10, United States Code, is amended by adding at the end the following new subsection: 

‘‘(g) PREFERENCE FOR BORDER SECURITY PURPOSES.—(1) In transferring the personal property described in paragraph (2) under this 

section, the Secretary of Defense shall give preference to Federal 

and State agencies that agree to use the property primarily for the 

purpose of strengthening border security along the southern border 

of the United States. 

‘‘(2) The personal property described in this section is— 

‘‘(A) surveillance unmanned aerial vehicles, including the 

MQ-9 Reaper (also known as the ‘Predator B’) and the Aerostat 

radar system; 

‘‘(B) night-vision goggles; and 

‘‘(C) high mobility multi-purpose wheel vehicles (commonly 

known as ‘humvees’).’’. 

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HUNTER

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 462, after line 13, insert the following: 

SEC. 1098. USE OF TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL TO GAIN ACCESS AT DEPARTMENT OF DEFENSE 

INSTALLATIONS. 

(a) ACCESS TO INSTALLATIONS FOR CREDENTIALED TRANSPOR- TATION WORKERS.—During the period that the Secretary is developing and fielding physical access standards, capabilities, processes, and electronic access control systems, the Secretary shall, to 

the maximum extent practicable, ensure that the Transportation 

Worker Identification Credential (TWIC) shall be accepted as a 

valid credential for unescorted access to Department of Defense installations by transportation workers. 

(b) CREDENTIALED TRANSPORTATION WORKERS WITH SECRET

CLEARANCE.—TWIC-carrying transportation workers who also have 

a current Secret Level Clearance issued by the Department of Defense shall be considered exempt from further vetting when seeking 

unescorted access at Department of Defense facilities. Access security personnel shall verify such person’s security clearance in a 

timely manner and provide them with unescorted access to complete their freight service. 

(c) REPORT ON CREDENTIALED PERSONS DENIED ACCESS TO DEPARTMENT OF DEFENSE INSTALLATIONS.—Not later than 90 days 

after the date of enactment of this Act, the Secretary of Defense 

shall begin documenting each instance when a credentialed transportation worker is denied unescorted access to a military facility 

in the Continental United States, Hawaii, Alaska, Guam, or Native 

American lands. The report shall include, but not be limited to, the 

reasons for such denial, and the amount of time the credentialed 

party denied entrance waited to obtain access. The report shall be 


emcdonald on DSK67QTVN1PROD with HEARING
18 

submitted to the Armed Services Committees of the House and 

Senate no later than the first day of February of each year until 

complete fielding of Identity Management Enterprise Services Architecture and electronic access control systems are achieved. 

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KELLY OF

PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 462, after line 13, insert the following: 

SEC. lll. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF CERTAIN LANDMINES AND REPORT ON DEVELOPMENT OF REPLACEMENT ANTI-PERSONNEL LANDMINE 

MUNITIONS. 

(a) LIMITATION.—Except as provided in subsection (b), none of 

the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2017 for the Department of Defense 

may be obligated or expended for the destruction of anti-personnel 

landmine munitions before the date on which the Secretary of Defense submits the report required by subsection (c). 

(b) EXCEPTION FOR SAFETY.—Subsection (a) shall not apply to 

any anti-personnel landmine munitions that the Secretary determines are unsafe or could pose a safety risk if not demilitarized or 

destroyed. 

(c) REPORT REQUIRED.— 

(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 Congress a report that includes the following: 

(A) An assessment of the current state of research into 

operational alternatives to anti-personnel landmines. 

(B) Any other matter that the Secretary determines 

should be included in the report. 

(2) FORM OF REPORT.—The report required by paragraph (1) 

shall be submitted in unclassified form, but may include a classified annex. 

(d) ANTI-PERSONNEL LANDMINE MUNITIONS DEFINED.—In this 

section, the term ‘‘anti-personnel landmine munitions’’ includes 

anti-personnel landmines and sub-munitions as defined by the Convention on the Prohibition of the Use, Stockpiling, Production and 

Transfer of Anti-Personnel Mines and on their Destruction, as determined by the Secretary. 

17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROYCE OF

CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title X, add the following: 

Subtitle H—United States Naval Station 

Guantanamo Bay Preservation Act 

SEC. 10xx. SHORT TITLE. 

This subtitle may be cited as the ‘‘United States Naval Station 

Guantanamo Bay Preservation Act’’. 


emcdonald on DSK67QTVN1PROD with HEARING
19 

SEC. 10xx. FINDINGS. 

Congress makes the following findings: 

(1) United States Naval Station, Guantanamo Bay, Cuba, 

has been a strategic military asset critical to the defense of the 

United States and the maintenance of regional security for 

more than a century. 

(2) The United States continues to exercise control over the 

area of United States Naval Station, Guantanamo Bay, Cuba, 

pursuant to the Guantanamo Lease Agreements, which were 

initiated and concluded pursuant to an Act of Congress. 

(3) Senior United States military leaders have consistently 

voiced strong support for maintaining United States Naval 

Station, Guantanamo Bay, Cuba, noting its strategic value for 

military basing and logistics, disaster relief, humanitarian 

work, terrorist detention, and counter-narcotics purposes. 

(4) On February 29, 2016, Secretary of Defense Ashton B. 

Carter, discussing United States Naval Station, Guantanamo 

Bay, Cuba, stated that ‘‘it’s a strategic location, we’ve had it 

for a long time, it’s important to us and we intend to hold onto 

it’’. 

(5) On March 12, 2015, Commander of United States Southern Command, General John Kelly, testified that the United 

States facilities at Naval Station Guantanamo Bay ‘‘are indispensable to the Departments of Defense, Homeland Security, 

and State’s operational and contingency plans. . . . As the only 

permanent U.S. military base in Latin America and the Caribbean, its location provides persistent U.S. presence and immediate access to the region, as well as supporting a layered defense to secure the air and maritime approaches to the United 

States’’. 

(6) In testimony before Congress in 2012, then-Commander 

of United States Southern Command, General Douglas Fraser, 

stated that ‘‘the strategic capability provided by U.S. Naval 

Station Guantanamo Bay remains essential for executing national priorities throughout the Caribbean, Latin America, and 

South America’’. 

(7) Following a 1991 coup in Haiti that prompted a mass exodus of people by boat, United States Naval Station, Guantanamo Bay, Cuba, provided a location for temporary housing 

and the orderly adjudication of asylum claims outside of the 

continental United States. 

(8) In 2010, United States Naval Station, Guantanamo Bay, 

Cuba, was a critical hub for the provision of humanitarian disaster relief following the devastating earthquakes in Haiti. 

(9) The United States presence at United States Naval Station, Guantanamo Bay, Cuba, has its origins in Acts of Congress undertaken pursuant to the powers of Congress expressly 

enumerated in the Constitution of the United States. 

(10) By joint resolution approved on April 20, 1898, Congress 

‘‘directed and empowered’’ the President ‘‘to use the entire land 

and naval forces of the United States’’ as necessary to ensure 

that the Government of Spain ‘‘relinquish its authority and 

government in the island of Cuba, and withdraw its land and 

naval forces from Cuba and Cuban waters’’. 


emcdonald on DSK67QTVN1PROD with HEARING
20 

(11) Congress declared war against Spain on April 25, 1898, 

which lasted until December 10, 1898, when the United States 

and Spain signed the Treaty of Paris, in which Spain relinquished all claims of sovereignty over Cuba, and United States 

governance of Cuba was established. 

(12) Nearly three years later, in the Act of March 2, 1901 

(Chapter 803; 31 Stat. 898), Congress granted the President 

the authority to return ‘‘the government and control of the island of Cuba to its people’’ subject to several express conditions 

including, in article VII of the Act of March 2, 1901, the sale 

or lease by Cuba to the United States of lands necessary for 

naval stations. 

(13) Pursuant to the authority granted by article VII of the 

Act of March 2, 1901, the United States negotiated the Guantanamo Lease Agreements, which specified the area of, and 

United States jurisdiction and control over, what became 

United States Naval Station, Guantanamo Bay, Cuba. 

(14) On October 2, 1903, when approving the Lease to the 

United States by the Government of Cuba of Certain Areas of 

Land and Water for Naval or Coaling Stations, signed in Havana on July 2, 1903, President Theodore Roosevelt cited the 

Act of March 2, 1901, as providing his authority to do so: ‘‘I, 

Theodore Roosevelt, President of the United States of America, 

having seen and considered the foregoing lease, do hereby approve the same, by virtue of the authority conferred by the seventh of the provisions defining the relations which are to exist 

between the United States and Cuba, contained in the Act of 

Congress approved March 2, 1901, entitled ‘An Act making appropriation for the support of the Army for the fiscal year ending June 30, 1902.’ ’’. 

(15) Obtaining United States naval station rights in Cuba 

was an express condition of the authority that Congress gave 

the President to return control and governance of Cuba to the 

people of Cuba. In exercising that authority and concluding the 

Guantanamo Lease Agreements, President Theodore Roosevelt 

recognized the source of that authority as the Act of March 2, 

1901. 

(16) The Treaty of Relations between the United States of 

America and the Republic of Cuba, signed at Washington, May 

29, 1934, did not supersede, abrogate, or modify the Guantanamo Lease Agreements, but noted that the stipulations of 

those agreements ‘‘shall continue in effect’’ until the United 

States and Cuba agree to modify them. 

(17) The Constitution of the United States expressly grants 

to Congress the power to provide for the common defense of 

the United States, the power to provide and maintain a Navy, 

and the power ‘‘to dispose of and make all needful Rules and 

Regulations respecting the Territory or other Property belonging to the United States’’. 


emcdonald on DSK67QTVN1PROD with HEARING
21 

SEC. 10xx. PROHIBITION ON MODIFICATION, ABROGATION, OR OTHER 

RELATED ACTIONS WITH RESPECT TO UNITED STATES 

JURISDICTION AND CONTROL OVER UNITED STATES 

NAVAL STATION, GUANTANAMO BAY, CUBA, WITHOUT 

CONGRESSIONAL ACTION. 

No action may be taken to modify, abrogate, or replace the stipulations, agreements, and commitments contained in the Guantanamo Lease Agreements, or to impair or abandon the jurisdiction 

and control of the United States over United States Naval Station, 

Guantanamo Bay, Cuba, unless specifically authorized or otherwise 

provided by— 

(1) a statute that is enacted on or after the date of the enactment of this Act; 

(2) a treaty that is ratified with the advice and consent of 

the Senate on or after the date of the enactment of this Act; 

or 

(3) a modification of the Treaty Between the United States 

of America and Cuba signed at Washington, DC, on May 29, 

1934, that is ratified with the advice and consent of the Senate 

on or after the date of the enactment of this Act. 

SEC. 10xx. GUANTANAMO LEASE AGREEMENTS DEFINED. 

In this subtitle, the term ‘‘Guantanamo Lease Agreements’’ 

means— 

(1) the Agreement Between the United States of America 

and the Republic of Cuba for the Lease to the United States 

of Lands in Cuba for coaling and naval stations, signed by the 

President of the United States on February 23, 1903; and 

(2) the Lease to the United States by the Government of 

Cuba of Certain Areas of Land and Water for Naval or Coaling 

Stations, signed by the President of the United States on October 2, 1903. 

18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WALORSKI

OF INDIANA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the appropriate place in title X, add the following: 

SEC. 10ll. REQUIREMENT FOR MEMORANDUM OF UNDERSTANDING 

REGARDING TRANSFER OF DETAINEES. 

Section 1034(b) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 969; 10 U.S.C. 801 

note) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (3); 

(2) by striking the period and inserting ‘‘; and’’ at the end of 

paragraph (4); and 

(3) by adding at the end the following new paragraph: 

‘‘(5) the United States Government and the government of 

the foreign country have entered into a written memorandum 

of understanding regarding the transfer of the individual and 

such memorandum of understanding has previously been 

transmitted to the appropriate committees of Congress.’’. 

19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CALVERT

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title XI, add the following new section: 


emcdonald on DSK67QTVN1PROD with HEARING
22 

SEC. 1112. REPORT ON DEPARTMENT OF DEFENSE CIVILIAN WORKFORCE PERSONNEL AND CONTRACTORS. 

(a) FINDINGS.—Congress finds the following: 

(1) A large, disproportionate, and duplicative civilian work 

force coupled with bureaucratic, structural inefficiencies has 

detracted from the Pentagon’s production of combat power and 

its ability to modernize. 

(2) The recent uniformed military drawdown has not been 

accompanied by an equivalent reduction of either the civilian 

or contractor work force. Right sizing the civilian workforce 

must be statutory in number but implemented with executive 

discretion. Across-the-board cuts to the defense civilian workforce are not the answer. 

(3) Spending on contract services is over 50 percent of all Department of Defense purchases even as the total defense budget has dropped. Expenditures in services contracting lack appropriate oversight, accountability, and scrutiny. 

(b) REPORTS.— (1) IN GENERAL.—The Secretary of Defense shall submit a 

preliminary report within 90 days after the date of the enactment of this Act, and a final report within 180 days after such 

date, to the congressional defense committees detailing the 

structure and number of the civilian workforce and contractors 

of the Department of Defense. 

(2) CONTENTS.—Except as provided in paragraph (3), each 

report shall include the following for each of fiscal years 2017 

through 2020, including a breakdown in location, job function, 

General Schedule (GS) level, and date of when the job was created for the following individuals: 

(A) The total number of full time equivalent employees, 

including each of the following: 

(i) The total number of Senior Executive Service employees and their assignments. 

(ii) The total number of civilian employees of the Department of Defense within the military health care 

system. 

(iii) The total number of civilian employees of the 

Department employed at depots, arsenals, and ammunition facilities. 

(B) The total number of civilian contractors of the Department of Defense, including each of the following: 

(i) The total number of civilian contractors for weapons acquisitions. 

(ii) The total number of civilian contractors for services or labor for non-weapon systems acquisitions. 

(iii) The total number of civilian contractors employed at depots, arsenals, and ammunition facilities. 

(3) PRELIMINARY REPORT.—The preliminary report provided 

under this subsection— 

(A) shall cover the contents described in paragraph (2) 

in as much detail as is ascertainable within 90 days after 

the date of the enactment of this Act; and 

(B) shall include an explanation of any impediments to 

developing a complete and final report by 180 days after 

such date of enactment. 


emcdonald on DSK67QTVN1PROD with HEARING
23 

20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOORE

OF WISCONSIN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 12xx. SENSE OF CONGRESS CONDEMNING CONTINUING ATTACKS 

ON MEDICAL FACILITIES IN SYRIA. 

(a) FINDINGS.—Congress finds the following: 

(1) Attacks intentionally targeting civilians, medical personnel, or medical facilities constitute grave violations of international humanitarian law. 

(2) In Syria, schools, markets, and hospitals are routinely destroyed in attacks and medical providers routinely targeted for 

attacks. 

(3) Physicians for Human Rights has documented at least 

350 airstrikes against medical facilities and the deaths of over 

700 medical personnel in Syria since 2011. 

(4) So far in May 2016, there have been at least six attacks 

on medical facilities in the city of Aleppo alone in less than a 

week killing dozens, including the last pediatrician still working in Aleppo. 

(5) These attacks seriously hinder access to medical care and 

are compounded by ongoing efforts by the Syrian regime to 

block or limit humanitarian aid to Syrians. 

(6) Secretary of State John Kerry has condemned these attacks arguing, ‘‘there is no justification for this horrific violence 

that targets civilians or medical facilities or first responders no 

matter who it is, whether it’s a member of the opposition retaliating or the regime in its brutality against the civilians 

which has continued for five years.’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the Department of Defense and all other appropriate 

United States Government agencies should continue to strongly condemn and call for an immediate end to attacks on medical facilities and medical providers in Syria and work to ensure that doctors can do their job and provide care to the those 

in need; 

(2) humanitarian crises in Syria and Iraq, exacerbated by 

targeted attacks on medical facilities, personnel, and schools, 

threaten the achievement of United States goals in the region, 

such as destroying and dismantling the Islamic State in Iraq 

and the Levant (ISIL) and peace and stability in the region, including Syria; 

(3) the United States and international community should do 

more to support medical professionals and medical nonprofit 

organizations working in Syria, at great risk to their personal 

well-being, to treat the ill and infirm and ensure some level of 

medical care for Syrians; and 

(4) the Department of Defense is strongly encouraged to support, where appropriate, other appropriate United States Government agencies and entities engaged in meeting urgent and 

increasing humanitarian and medical needs in Syria, especially 

in areas where medical facilities and providers have been targeted by the Syrian regime, ISIL, or Al-Qaeda. 


emcdonald on DSK67QTVN1PROD with HEARING
24 

21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FORBES

OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 12xx. ANNUAL REPORT ON FOREIGN MILITARY SALES TO TAIWAN. 

Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is 

amended by adding at the end the following: 

‘‘(j) At the end of each fiscal year, the Secretary of Defense shall 

submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and 

Foreign Affairs of the House of Representatives a report that lists 

each request received from Taiwan and each letter of offer to sell 

any defense articles or services under this Act to Taiwan during 

such fiscal year. The report shall be submitted in unclassified form, 

but may contain a classified annex.’’. 

22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TURNER

OF OHIO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 12xx. SENSE OF CONGRESS ON JULY 2016 NATO SUMMIT IN WARSAW, POLAND. 

(a) FINDINGS.—Congress finds the following: 

(1) The North Atlantic Treaty Organization (NATO) has been 

the cornerstone of transatlantic security cooperation and an enduring instrument for promoting stability in Europe and 

around the world for over 65 years. 

(2) NATO currently faces a range of evolving security challenges, including Russian aggression in Eastern Europe, and 

instability and conflict in the Middle East and North Africa. In 

the face of these varied challenges, NATO must deter threats 

and, if necessary, defend NATO member states against adversaries. 

(3) Since NATO’s 2014 summit in Wales, NATO member 

states have made progress in implementing a Readiness Action 

Plan to enhance allied readiness and collective defense in response to Russian aggression. However, much work remains to 

be done. 

(4) NATO’s solidarity is strengthened by the bolstering of 

NATO’s conventional and nuclear deterrence, increased defense spending by NATO member states, and continued enlargement of the Alliance. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that—— 

(1) at the July 2016 NATO Summit in Warsaw, Poland and 

beyond, the United States should—— 

(A) welcome Montenegro’s accession to NATO; 

(B) continue to work with aspirant countries to prepare 

them for entry into NATO; 

(C) continue supporting a Membership Action Plan 

(MAP) for Georgia; 

(D) encourage the leaders of Macedonia and Greece to 

find a mutually agreeable solution to the name dispute between the two countries; 


emcdonald on DSK67QTVN1PROD with HEARING
25 

(E) seek a Dayton II agreement to resolve the constitutional issues of Bosnia and Herzegovina; 

(F) work with the Republic of Kosovo to prepare the 

country for entrance into the Partnership for Peace (PfP) 

program; 

(G) take a leading role in working with NATO member 

states to identify, through consensus, the current and future security threats facing the Alliance; and 

(H) take a leading role to work with other NATO member states to ensure the alliance maintains the required 

capabilities, including the gains in interoperability from 

combat in Afghanistan, necessary to meet the security 

threats to the Alliance; 

(2) in Warsaw, NATO member states should build upon the 

progress made since the 2014 Wales Summit, by committing 

additional resources to NATO’s Readiness Action Plan and related measures to enhance allied readiness and deterrence; 

(3) NATO member states should review defense spending to 

ensure sufficient funding is obligated to meet NATO responsibilities, including to allocate at least 2 percent of Gross Domestic Product (GDP) to defense spending, and to devote at 

least 20 percent of defense spending to defense modernization 

and new equipment; 

(4) the United States should commit to maintaining a robust 

military presence in Europe as a means of promoting allied 

interoperability, providing visible assurance to NATO allies, 

and deterring Russian aggression in the region; and 

(5) the United States reaffirms and remains committed to 

the policies enumerated by NATO member states in the Deterrence and Defense Posture Review, dated May 20, 2012, and 

the Wales Summit Declaration of September 2014, including 

the following statement: ‘‘Deterrence, based on an appropriate 

mix of nuclear, conventional, and missile defence capabilities, 

remains a core element of our overall strategy.’’. 

23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAVES

OF MISSOURI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In the table of contents for bill, insert after the item pertaining 

to section 1867 the following: 

Subtitle F—Small Business Development Centers Improvements 

Sec. 1871. Short title. 

Sec. 1872. Use of authorized entrepreneurial development programs. 

Sec. 1873. Marketing of services. 

Sec. 1874. Data collection. 

Sec. 1875. Fees from private partnerships and cosponsorships. 

Sec. 1876. Equity for small business development centers. 

Sec. 1877. Confidentiality requirements. 

Sec. 1878. Limitation on award of grants to small business development centers. 

Page 832, insert after line 5 the following: 


emcdonald on DSK67QTVN1PROD with HEARING
26 

Subtitle F—Small Business Development 

Centers Improvements 

SEC. 1871. SHORT TITLE. 

This subtitle may be cited as the ‘‘Small Business Development 

Centers Improvement Act of 2016’’ 

SEC. 1872. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT 

PROGRAMS. 

The Small Business Act (15 U.S.C. 631 et seq.) is amended by 

adding at the end the following: 

‘‘SEC. 48. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT 

PROGRAMS. 

‘‘(a) EXPANDED SUPPORT FOR ENTREPRENEURS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

law, the Administrator shall only use the programs authorized 

in sections 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, and 32 of this 

Act, and sections 358 and 389 of the Small Business Investment Act to deliver entrepreneurial development services, entrepreneurial education, support for the development and 

maintenance of clusters, or business training. 

‘‘(2) EXCEPTION.—This section shall not apply to services provided to assist small business concerns owned by an Indian 

tribe (as such term is defined in section 8(a)(13)). 

‘‘(b) ANNUAL REPORT.—Beginning on the first December 1 after 

the date of enactment of this subsection, the Administrator shall 

annually report to the Committee on Small Business of the House 

of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on all entrepreneurial development 

activities undertaken in the current fiscal year. This report shall 

include— 

‘‘(1) a description and operating details for each program and 

activity; 

‘‘(2) operating circulars, manuals, and standard operating 

procedures for each program and activity; 

‘‘(3) a description of the process used to award grants under 

each program and activity; 

‘‘(4) a list of all awardees, contractors, and vendors (including 

organization name and location) and the amount of awards for 

the current fiscal year for each program and activity; 

‘‘(5) the amount of funding obligated for the current fiscal 

year for each program and activity; and 

‘‘(6) the names and titles for those individuals responsible for 

each program and activity.’’. 

SEC. 1873. MARKETING OF SERVICES. 

Section 21 of the Small Business Act (15 U.S.C. 648) is amended 

by adding at the end the following: 

‘‘(o) NO PROHIBITION OF MARKETING OF SERVICES.—The Administrator shall not prohibit applicants receiving grants under this section from marketing and advertising their services to individuals 

and small business concerns.’’. 

SEC. 1874. DATA COLLECTION. 

(a) IN GENERAL.—Section 21(a)(3)(A) of the Small Business Act 

(15 U.S.C. 648(a)(3)(A)) is amended— 


emcdonald on DSK67QTVN1PROD with HEARING
27 

(1) by striking ‘‘as provided in this section and’’ and inserting 

‘‘as provided in this section,’’; and 

(2) by inserting before the period at the end the following: ‘‘, 

and (iv) governing data collection activities related to applicants receiving grants under this section’’. 

(b) ANNUAL REPORT ON DATA COLLECTION.—Section 21 of the 

Small Business Act (15 U.S.C. 648), as amended by section 1873 

of this Act, is further amended by adding at the end the following: 

‘‘(p) ANNUAL REPORT ON DATA COLLECTION.—The Administrator 

shall report annually to the Committee on Small Business of the 

House of Representatives and the Committee on Small Business 

and Entrepreneurship of the Senate on any data collection activities related to the Small Business Development Center program.’’. 

(c) WORKING GROUP TO IMPROVE DATA COLLECTION.— 

(1) ESTABLISHMENT AND STUDY.—The Administrator of the 

Small Business Administration shall establish a Data Collection Working Group consisting of members from entrepreneurial development grant recipients associations and organizations and Administration officials, to carry out a study to determine the best way to capture data collection and create or 

revise existing systems dedicated to data collection. 

(2) REPORT.—Not later than the end of the 180-day period 

beginning on the date of the enactment of this Act, the Data 

Collection Working Group shall issue a report to the Committee on Small Business of the House of Representatives and 

the Committee on Small Business and Entrepreneurship of the 

Senate containing the findings and determinations made in 

carrying out the study required under paragraph (1), including— 

(A) recommendations for revising existing data collection 

practices; and 

(B) a proposed plan for the Small Business Administration to implement such recommendations. 

SEC. 1875. FEES FROM PRIVATE PARTNERSHIPS AND COSPONSORSHIPS. 

Section 21(a)(3) of the Small Business Act (15 U.S.C. 

648(a)(3)(C)), as amended by section 1874, is further amended by 

adding at the end the following: 

‘‘(D) FEES FROM PRIVATE PARTNERSHIPS AND COSPONSORSHIPS.— 

Participation in private partnerships and cosponsorships with the 

Administration shall not limit small business development centers 

from collecting fees or other income related to the operation of such 

private partnerships and cosponsorships.’’. 

SEC. 1876. EQUITY FOR SMALL BUSINESS DEVELOPMENT CENTERS. 

Subclause (I) of section 21(a)(4)(C)(v) of the Small Business Act 

(15 U.S.C. 648(a)(4)(C)(v)) is amended to read as follows: 

‘‘(I) IN GENERAL.—Of the amounts made available in any fiscal year to carry out this section not 

more than $600,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1).’’. 


emcdonald on DSK67QTVN1PROD with HEARING
28 

SEC. 1877. CONFIDENTIALITY REQUIREMENTS. 

Section 21(a)(7)(A) of the Small Business Act (15 U.S.C. 

648(a)(7)(A)) is amended by inserting after ‘‘under this section’’ the 

following: ‘‘to any State, local or Federal agency, or third party’’. 

SEC. 1878. LIMITATION ON AWARD OF GRANTS TO SMALL BUSINESS 

DEVELOPMENT CENTERS. 

(a) IN GENERAL.—Section 21 of the Small Business Act (15 

U.S.C. 648), as amended by section 1874, is further amended— 

(1) in subsection (a)(1), by striking ‘‘any women’s business 

center operating pursuant to section 29,’’; 

(2) by adding at the end the following: 

‘‘(q) LIMITATION ON AWARD OF GRANTS.—Except for not-for-profit 

institutions of higher education, and notwithstanding any other 

provision of law, the Administrator may not award grants (including contracts and cooperative agreements) under this section to any 

entity other than those that received grants (including contracts 

and cooperative agreements) under this section prior to the date of 

the enactment of this subsection, and that seek to renew such 

grants (including contracts and cooperative agreements) after such 

date.’’. 

(b) RULE OF CONSTRUCTION.—The amendments made by this section may not be construed as prohibiting a women’s business center 

from receiving a subgrant from an entity receiving a grant under 

section 21 of the Small Business Act (15 U.S.C. 648). 

24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HANNA

OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In the table of contents for bill, insert after the item pertaining 

to section 1867 the following: 

Sec. 1868. Role of small business development centers in cyber security and preparedness. 

Sec. 1869. Additional cyber security assistance for small business development centers. 

Sec. 1870. Cybersecurity outreach for small business development centers. 

Sec. 1871. GAO study on small business cyber support services and small business 

development center cyber strategy. 

Sec. 1872. Prohibition on additional funds. 

Page 832, insert after line 5 the following: 

SEC. 1868. ROLE OF SMALL BUSINESS DEVELOPMENT CENTERS IN 

CYBER SECURITY AND PREPAREDNESS. 

Section 21 of the Small Business Act (15 U.S.C. 648) is amended— 

(1) in subsection (a)(1), by striking ‘‘and providing access to 

business analysts who can refer small business concerns to 

available experts:’’ and inserting ‘‘providing access to business 

analysts who can refer small business concerns to available experts; and, to the extent practicable, providing assistance in 

furtherance of the Small Business Development Center Cyber 

Strategy developed under section 1871(b) of the National Defense Authorization Act for Fiscal Year 2017:’’; and 

(2) in subsection (c)— 

(A) in paragraph (2)— 

(i) in subparagraph (E), by striking ‘‘and’’ at the end; 

(ii) in subparagraph (F), by striking the period and 

inserting ‘‘; and’’; and 


emcdonald on DSK67QTVN1PROD with HEARING
29 

(iii) by adding at the end of the following: 

‘‘(G) access to cyber security specialists to counsel, assist, 

and inform small business concern clients, in furtherance of 

the Small Business Development Center Cyber Strategy developed under section .’’. 

SEC. 1869. ADDITIONAL CYBER SECURITY ASSISTANCE FOR SMALL 

BUSINESS DEVELOPMENT CENTERS. 

Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is 

amended by adding at the end the following: 

‘‘(8) CYBER SECURITY ASSISTANCE.—The Department of 

Homeland Security, and any other Federal department or 

agency in coordination with the Department of Homeland Security, may provide assistance to small business development 

centers, through the dissemination of cybersecurity risk information and other homeland security information, to help small 

business concerns in developing or enhancing cyber security infrastructure, cyber threat awareness, and cyber training programs for employees.’’. 

SEC. 1870. CYBERSECURITY OUTREACH FOR SMALL BUSINESS DEVELOPMENT CENTERS. 

Section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148) 

is amended— 

(1) by redesignating subsection (l) as subsection (m); and 

(2) by inserting after subsection (k) the following: 

‘‘(l) CYBERSECURITY OUTREACH.— ‘‘(1) IN GENERAL.—The Secretary may provide assistance to 

small business development centers, through the dissemination 

of cybersecurity risk information and other homeland security 

information, to help small business concerns in developing or 

enhancing cyber security infrastructure, cyber threat awareness, and cyber training programs for employees. 

‘‘(2) DEFINITIONS.—For purposes of this subsection, the terms 

‘small business concern’ and ‘small business development center’ have the meaning given such terms, respectively, under 

section 3 of the Small Business Act.’’. 

SEC. 1871. GAO STUDY ON SMALL BUSINESS CYBER SUPPORT SERVICES AND SMALL BUSINESS DEVELOPMENT CENTER 

CYBER STRATEGY. 

(a) REVIEW OF CURRENT CYBER SECURITY RESOURCES.— (1) IN GENERAL.—The Comptroller General of the United 

States shall conduct a review of current cyber security resources at the Federal level aimed at assisting small business 

concerns with developing or enhancing cyber security infrastructure, cyber threat awareness, or cyber training programs 

for employees. 

(2) CONTENT.—The review required under paragraph (1) 

shall include the following: 

(A) An accounting and description of all Federal Government programs, projects, and activities that currently provide assistance to small business concerns in developing or 

enhancing cyber security infrastructure, cyber threat 

awareness, or cyber training programs for employees. 

(B) An assessment of how widely utilized the resources 

described under subparagraph (A) are by small business 

concerns and a review of whether or not such resources are 


emcdonald on DSK67QTVN1PROD with HEARING
30 

duplicative of other programs and structured in a manner 

that makes them accessible to and supportive of small 

business concerns. 

(3) REPORT.—The Comptroller General shall issue a report to 

the Congress, the Small Business Administrator, the Secretary 

of Homeland Security, and any association recognized under 

section 21(a)(3)(A) of the Small Business Act containing all 

findings and determinations made in carrying out the review 

required under paragraph (1). 

(b) SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY.— (1) IN GENERAL.—Not later than 90 days after the issuance 

of the report under subsection (a)(3), the Small Business Administrator and the Secretary of Homeland Security shall work 

collaboratively to develop a Small Business Development Center Cyber Strategy. 

(2) CONSULTATION.—In developing the strategy under this 

subsection, the Small Business Administrator and the Secretary of Homeland Security shall consult with entities representing the concerns of small business development centers, 

including any association recognized under section 21(a)(3)(A) 

of the Small Business Act. 

(3) CONTENT.—The strategy required under paragraph (1) 

shall include, at minimum, the following: 

(A) Plans for incorporating small business development 

centers (hereinafter in this section referred to as ‘‘SBDCs’’) 

into existing cyber programs to enhance services and 

streamline cyber assistance to small business concerns. 

(B) To the extent practicable, methods for the provision 

of counsel and assistance to improve a small business concern’s cyber security infrastructure, cyber threat awareness, and cyber training programs for employees, including— 

(i) working to ensure individuals are aware of best 

practices in the areas of cyber security, cyber threat 

awareness, and cyber training; 

(ii) working with individuals to develop cost-effective 

plans for implementing best practices in these areas; 

(iii) entering into agreements, where practical, with 

Information Sharing and Analysis Centers or similar 

cyber information sharing entities to gain an awareness of actionable threat information that may be beneficial to small business concerns; and 

(iv) providing referrals to area specialists when necessary. 

(C) An analysis of— 

(i) how Federal Government programs, projects, and 

activities identified by the Comptroller General in the 

report issued under subsection (a)(1) can be leveraged 

by SBDCs to improve access to high-quality cyber support for small business concerns; 

(ii) additional resources SBDCs may need to effectively carry out their role; and 

(iii) how SBDCs can leverage existing partnerships 

and develop new ones with Federal, State, and local 

government entities as well as private entities to imVerDate Sep 11 2014 07:10 May 17, 2016 Jkt 059008 PO 00000 Frm 00030 Fmt 6659 Sfmt 6602 E:\HR\OC\HR569.XXX HR569

emcdonald on DSK67QTVN1PROD with HEARING
31 

prove the quality of cyber support services to small 

business concerns. 

(4) DELIVERY OF STRATEGY.—Not later than 180 days after 

the issuance of the report under subsection (a)(3), the Small 

Business Development Center Cyber Strategy shall be issued 

to the Committees on Homeland Security and Small Business 

of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Small Business 

and Entrepreneurship of the Senate. 

SEC. 1872. PROHIBITION ON ADDITIONAL FUNDS. 

No additional funds are authorized to be appropriated to carry 

out sections 1868 through 1871 or the amendments made by such 

sections. 

25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LARSEN

OF WASHINGTON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 995, line 2, strike ‘‘to be new and emergency in nature’’ and 

insert ‘‘will significantly reduce the nuclear threat’’. 

Page 995, line 9, insert ‘‘and’’ after the semicolon. 

Page 995, strike lines 13 through 17. 

26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROGERS

(AL) OF ALABAMA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title XXXI, add the following new section: 

SEC. 31ll. LIMITATION ON AVAILABILITY OF FUNDS FOR THE DEPARTMENT OF ENERGY. 

(a) LIMITATION.—Of the funds authorized to be appropriated or 

otherwise made available for fiscal year 2017 for the Department 

of Energy for the Office of the Secretary of Energy, not more than 

50 percent may be obligated or expended until the date on which 

the Secretary submits to the appropriate congressional committees 

the report under subsection (b). 

(b) REPORT.—Not later than 15 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the full report, and any related materials, titled ‘‘U.S. Nuclear Deterrence in the Coming Decades’’, dated August 15, 2014. 

(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. 

27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ADAMS OF

NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

In the table of contents for bill, insert after the item pertaining 

to section 1852 the following: 

Sec. 1853. Online component. 

Sec. 1854. Study and report on the future of the SCORE program. 

Sec. 1855. Technical and conforming amendments. 


emcdonald on DSK67QTVN1PROD with HEARING
32 

Page 819, insert after line 2 the following: 

SEC. 1853. ONLINE COMPONENT. 

(a) IN GENERAL.—Section 8(c) of the Small Business Act (15 

U.S.C. 637(c)), as amended by section 1852, is further amended by 

adding at the end the following: 

‘‘(6) ONLINE COMPONENT.—In carrying out this subsection, 

the SCORE Association shall make use of online counseling, 

including by developing and implementing webinars and an 

electronic mentoring platform to expand access to services provided under this subsection and to further support entrepreneurs.’’. 

(b) ONLINE COMPONENT REPORT.— 

(1) IN GENERAL.—At the end of fiscal year 2018, the SCORE 

Association shall issue a report to the Committee on Small 

Business of the House of Representatives and the Committee 

on Small Business and Entrepreneurship of the Senate on the 

effectiveness of the online counseling and webinars required as 

part of the SCORE program, including— 

(A) how the SCORE Association determines electronic 

mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, 

and evaluates webinar and electronic mentoring results; 

(B) describing the internal controls that are used and a 

summary of the topics covered by the webinars; and 

(C) performance metrics, including the number of small 

business concerns counseled by, the number of small business concerns created by, the number of jobs created and 

retained by, and the funding amounts directed towards 

such online counseling and webinars. 

(2) DEFINITIONS.—For purposes of this subsection, the terms 

‘‘SCORE Association’’ and ‘‘SCORE program’’ have the meaning 

given those terms, respectively, under section 8(c)(1) of the 

Small Business Act (15 U.S.C. 637(c)(1)). 

SEC. 1854. STUDY AND REPORT ON THE FUTURE ROLE OF THE SCORE 

PROGRAM. 

(a) STUDY.—The SCORE Association shall carry out a study on 

the future role of the SCORE program and develop a strategic plan 

for how the SCORE program will evolve to meet the needs of small 

business concerns and potential future small business concerns 

over the course of the 5 years following the date of enactment of 

this Act, with markers and specific objectives for year 1, year 3, 

and year 5. 

(b) REPORT.—Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the SCORE Association shall issue a report to the Committee on Small Business of the 

House of Representatives and the Committee on Small Business 

and Entrepreneurship of the Senate containing— 

(1) all findings and determination made in carrying out the 

study required under subsection (a); 

(2) the strategic plan developed under subsection (a); 

(3) an explanation of how the SCORE Association plans to 

achieve the strategic plan, assuming both stagnant and increased funding levels. 


emcdonald on DSK67QTVN1PROD with HEARING
33 

(c) DEFINITIONS.—For purposes of this section, the terms 

‘‘SCORE Association’’ and ‘‘SCORE program’’ have the meaning 

given those terms, respectively, under section 8(c)(1) of the Small 

Business Act (15 U.S.C. 637(c)(1)). 

SEC. 1855. TECHNICAL AND CONFORMING AMENDMENTS. 

(a) SMALL BUSINESS ACT.—The Small Business Act (15 U.S.C. 

631 et seq.) is amended— 

(1) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 

636(m)(3)(A)(i)(VIII)), by striking ‘‘Service Corps of Retired Executives’’ and inserting ‘‘SCORE program’’; and 

(2) in section 22 (15 U.S.C. 649)— 

(A) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘Service Corps of 

Retired Executives’’ and inserting ‘‘SCORE program’’; 

and 

(ii) in paragraph (3), by striking ‘‘Service Corps of 

Retired Executives’’ and inserting ‘‘SCORE program’’; 

and 

(B) in subsection (c)(12), by striking ‘‘Service Corps of 

Retired Executives’’ and inserting ‘‘SCORE program’’. 

(b) OTHER LAWS.— (1) Section 621 of the Children’s Health Insurance Program 

Reauthorization Act of 2009 (15 U.S.C. 657p) is amended— 

(A) in subsection (a), by striking paragraph (4) and inserting the following: 

‘‘(4) the term ‘SCORE program’ means the SCORE program 

authorized by section 8(b)(1)(B) of the Small Business Act (15 

U.S.C. 637(b)(1)(B));’’; and 

(B) in subsection (b)(4)(A)(iv), by striking ‘‘Service Corps 

of Retired Executives’’ and inserting ‘‘SCORE program’’. 

(2) Section 337(d)(2)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by striking ‘‘Service Corps of Retired Executives (SCORE)’’ and inserting 

‘‘SCORE program’’. 

28. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COLLINS

OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title III, insert the following new section: 

SEC. 3ll. ALTERNATIVE TECHNOLOGIES FOR MUNITIONS DISPOSAL. 

In carrying out the disposal of munitions in the stockpile of conventional ammunition awaiting demilitarization and disposal (commonly referred to as munitions in the ‘‘B5A account’’) the Secretary 

of the Army shall consider using cost-competitive technologies that 

minimize waste generation and air emissions as alternatives to disposal by open burning, open detonation, direct contact combustion, 

and incineration. 

29. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RUSSELL

OF OKLAHOMA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title III, add the following new section: 


emcdonald on DSK67QTVN1PROD with HEARING
34 

SEC. 3ll. MOTOR CARRIER SAFETY PERFORMANCE AND SAFETY 

TECHNOLOGY. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of Defense, acting through the commander of the United 

States Transportation Command, should reassess the guidelines for 

the evaluation of motor carrier safety performance under the 

Transportation Protective Services program taking into consideration the Government Accountability Office report numbered GAO16-82 and titled ‘‘Defense Transportation; DoD Needs to Improve 

the Evaluation of Safety and Performance Information for Carriers 

Transporting Security-Sensitive Materials’’. 

(b) EVALUATION OF SAFETY TECHNOLOGY.—To avoid catastrophic 

accidents and exposure of material, the Secretary shall evaluate 

the need for proven safety technology in vehicles transporting 

Transportation Protective Services shipments, such as electronic 

logging devices, roll stability control, forward collision avoidance, 

lane departure warning systems, and speed limiters. 

30. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COSTA OF

CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title III, add the following new section: 

SEC. 3ll. BRIEFING ON WELL-DRILLING CAPABILITIES OF ACTIVE 

DUTY AND RESERVE COMPONENTS. 

(a) BRIEFING REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall provide 

to the Committees on Armed Services of the Senate and the House 

of Representatives (and other congressional defense committees on 

request) a briefing on the well-drilling capabilities of the active and 

reserve components. 

(b) ELEMENTS.—The briefing under subsection (a) shall include a 

description of— 

(1) the training requirements of active and reserve units 

with well-drilling capabilities; 

(2) the locations at which such units conduct training relating to well-drilling; and 

(3) the cost and feasibility of rotating the training locations 

of such units to areas in the United States that are affected 

by drought conditions. 

31. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCKINLEY OF WEST VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of subtitle B of title V (page 119, after line 18), add 

the following new section: 

SEC. 515. ELECTRONIC TRACKING OF OPERATIONAL ACTIVE-DUTY 

SERVICE PERFORMED BY MEMBERS OF THE READY RESERVE OF THE ARMED FORCES. 

The Secretary of Defense shall establish an electronic means by 

which members of the Ready Reserve of the Armed Forces can 

track their operational active-duty service performed after January 

28, 2008, under section 12301(a), 12301(d), 12301(g), 12302, or 

12304 of title 10, United States Code. The tour calculator shall 

specify early retirement credit authorized for each qualifying tour 


emcdonald on DSK67QTVN1PROD with HEARING
35 

of active duty, as well as cumulative early reserve retirement credit 

authorized to date under section 12731(f) of such title. 

32. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MENG OF

NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 568. REPORT ON COMPOSITION OF SERVICE ACADEMIES. 

(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 Committee on Armed Services of the House of 

Representatives and the Committee on Armed Services of the Senate a report on the demographic composition of service academies 

that includes— 

(1) an analysis of— 

(A) the demographic composition of each service academy’s— 

(i) recruits; 

(ii) nominees; 

(iii) applicants; 

(iv) qualified applicants; 

(v) admits; 

(vi) enrollees; 

(vii) graduates; and 

(viii) graduate occupation placement; 

(B) how such composition compares to the demographic 

composition of— 

(i) the United States; 

(ii) enlisted members of the Armed Forces; 

(iii) officers of the Armed Forces; and 

(iv) other institutions of higher education (as defined 

in section 101(a) of the Higher Education Act of 1965 

(20 U.S.C. 1001(a)); and 

(C) the demographic composition of each quintile of academic ranking for each service academy’s graduating class; 

(2) a description of the considerations given to demographic 

composition in each service academy’s— 

(A) recruitment efforts (including funding decisions 

made to further such efforts); 

(B) qualification decisions; and 

(C) admissions decisions; and 

(3) recommendations for best— 

(A) recruitment practices; 

(B) nominating practices; 

(C) qualification decision practices; and 

(D) admissions practices. 

(b) DEFINITION.—In this section the term ‘‘service academy’’ 

means each of the following: 

(1) The United States Military Academy. 

(2) The United States Naval Academy. 

(3) The United States Air Force Academy. 

(4) The United States Coast Guard Academy. 

(5) The United States Merchant Marine Academy. 


emcdonald on DSK67QTVN1PROD with HEARING
36 

(c) SCOPE OF REPORT.—The report required by this section shall 

examine each service academy class admitted following the date of 

enactment of section 543 of the National Defense Authorization Act 

for Fiscal Year 1994 (Public Law 103–160). 

33. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PALMER

OF ALABAMA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle G of title V (page 162, after line 20), add 

the following new section: 

SEC. 585. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE 

CROSS TO FIRST LIEUTENANT MELVIN M. SPRUIELL FOR 

ACTS OF VALOR DURING WORLD WAR II. 

(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time 

limitations specified in section 3744 of title 10, United States Code, 

or any other time limitation with respect to the awarding of certain 

medals to persons who served in the Armed Forces, the Secretary 

of the Army may award the Distinguished-Service Cross under section 3742 of such title to First Lieutenant Melvin M. Spruiell of the 

Army for the acts of valor during World War II described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred to in 

subsection (a) are the actions of First Lieutenant Melvin M. 

Spruiell on June 10 and 11, 1944, as a member of the Army serving in France with the 377th Parachute Field Artillery, 101st Airborne Division. 

34. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SEWELL

OF ALABAMA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 143, line 3, add after the period the following: ‘‘The cyber 

institute may place a special emphasis on entering into a partnership under this subsection with a local educational agency located 

in a rural, underserved, or underrepresented community.’’. 

35. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TAKANO

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 150, after line 4, insert the following: 

(C) A comparison of the pilot program to other programs 

conducted by the Department of Defense and Department 

of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components and veterans. 

Page 150, line 5, strike ‘‘(C)’’ and insert ‘‘(D)’’. 

36. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAYSON

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle E of title V (page 153, after line 9), add 

the following new section: 


emcdonald on DSK67QTVN1PROD with HEARING
37 

SEC. 568. INCLUSION OF ALCOHOL, PRESCRIPTION DRUG, OPIOID, 

AND OTHER SUBSTANCE ABUSE COUNSELING AS PART OF 

REQUIRED PRESEPARATION COUNSELING. 

Section 1142(b)(11) of title 10, United States Code, is amended 

by inserting before the period the following: ‘‘and information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and 

opioid abuse’’. 

37. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BOST OF

ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle F of title V insert the following: 

SEC. llll. IMPACT AID. 

Notwithstanding section 5(d) of the Every Student Succeeds Act 

(Public Law 114–95; 129 Stat. 1806), the amendment made by section 7004(1) of such Act (Public Law 114–95; 129 Stat. 2077)— 

(1) for fiscal year 2016, shall— 

(A) be applied as if amending section 8003(a)(5)(A) of the 

Elementary and Secondary Education Act of 1965, as in effect on the day before the date of enactment of the Every 

Student Succeeds Act (Public Law 114–95; 129 Stat. 1802); 

and 

(B) be in effect with respect to appropriations for use 

under title VIII of the Elementary and Secondary Education Act of 1965, as in effect on the day before the date 

of enactment of the Every Student Succeeds Act; and 

(2) for fiscal year 2017 and each succeeding fiscal year, shall 

be in effect with respect to appropriations for use under title 

VII of the Elementary and Secondary Education Act of 1965, 

as amended by the Every Student Succeeds Act (Public Law 

114–95; 129 Stat. 1802). 

38. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DELBENE

OF WASHINGTON OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle F of title V (page 156, after line 23), add 

the following new section: 

SEC. 573. ELIMINATION OF TWO-YEAR ELIGIBILITY LIMITATION FOR 

NONCOMPETITIVE APPOINTMENT OF SPOUSES OF MEMBERS OF THE ARMED FORCES. 

Section 3330d(c) of title 5, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(3) NO TIME LIMITATION ON APPOINTMENT.—A relocating 

spouse of a member of the Armed Forces remains eligible for 

noncompetitive appointment under this section for the duration of the spouse’s relocation to the permanent duty station of 

the member.’’. 

39. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BERA OF

CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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


emcdonald on DSK67QTVN1PROD with HEARING
38 

SEC. ll. REPORT ON AVAILABILITY OF COLLEGE CREDIT FOR 

SKILLS ACQUIRED DURING MILITARY SERVICE. 

(a) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with 

the Secretaries of Veterans Affairs, Education, and Labor, shall 

submit to Congress a report on the transfer of skills into equivalent 

college credits or technical certifications for members of the Armed 

Forces leaving the military. Such report shall describe each the following: 

(1) Each skill that may be acquired during military service 

that is eligible for transfer into an equivalent college credit or 

technical certification. 

(2) The academic level of the equivalent college credit or 

technical certification for which each such skill is eligible. 

(3) Each academic institution that awards an equivalent college credit or technical certification for such skills, including— 

(A) whether each such academic institution is public or 

private and whether such institution is for profit; and 

(B) the number of veterans that applied to such academic institutions who were able to receive equivalent college credits or technical certifications in the last fiscal 

year, and the academic level of the credits or certifications. 

(4) The number of members of the Armed Forces who left the 

military in the last fiscal year and the number of those individuals who met with an academic or technical training advisor 

as part of their participation in the Transition Assistance Program. 

40. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCGOVERN OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 173, after line 2, add the following new section: 

SEC. 599A. ATOMIC VETERANS SERVICE MEDAL. 

(a) SERVICE MEDAL REQUIRED.—The Secretary of Defense shall 

design and produce a military service medal, to be known as the 

‘‘Atomic Veterans Service Medal’’, to honor retired and former 

members of the Armed Forces who are radiation-exposed veterans 

(as such term is defined in section 1112(c)(3) of title 38, United 

States Code). 

(b) DISTRIBUTION OF MEDAL.— 

(1) ISSUANCE TO RETIRED AND FORMER MEMBERS.—At the request of a radiation-exposed veteran, the Secretary of Defense 

shall issue the Atomic Veterans Service Medal to the veteran. 

(2) ISSUANCE TO NEXT-OF-KIN.—In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for 

issuance of the Atomic Veterans Service Medal to the next-ofkin of the person. 

(3) APPLICATION.—The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed 

veterans and their next-of-kin may apply to receive the Atomic 

Veterans Service Medal. 


emcdonald on DSK67QTVN1PROD with HEARING
39 

41. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAYSON

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 243, strike lines 14 and 15 and insert the following: 

‘‘chapter— 

‘‘(A) in a more effective, efficient, or economical manner; 

and 

‘‘(B) at a level of quality at least comparable to the quality of services beneficiaries would receive from a military 

medical treatment facility; or’’ 

42. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARTER

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 7ll. USE OF MEFLOQUINE FOR MALARIA. 

(a) MEFLOQUINE.—In providing health care to members of the 

Armed Forces, the Secretary of Defense shall require— 

(1) that the use of mefloquine for the prophylaxis of malaria 

be limited to members with intolerance or contraindications to 

other chemoprophylaxis; 

(2) that mefloquine be prescribed by a licensed medical provider on an individual basis, and 

(3) that members prescribed mefloquine for malaria prophylaxis be counseled by the medical provider about the potential 

side effects of the drug and be provided the Food and Drug Administration-required patient information handouts. 

(b) PROCESS AND REVIEW.— 

(1) PROCESS.—Not later than 180 days after the date of the 

enactment of this Act, in providing health care to members of 

the Armed Forces, the Secretary shall develop a standardized 

process to document the screening for contraindications and 

patient education, including a prior authorization form, to be 

used by all medical providers prescribing mefloquine for malaria prophylaxis. 

(2) ANNUAL REVIEW.—The Secretary shall conduct an annual 

review of each mefloquine prescription at all military medical 

treatment facilities to evaluate the documentation of the assessment for contraindications, justification for not using other 

chemoprophylaxis, and patient education for the safe use of 

mefloquine and its side effects. 

(c) ADVERSE HEALTH EFFECTS OF MEFLOQUINE.—The Secretary 

of Defense shall expand the missions of the Hearing Center of Excellence, the Vision Center of Excellence, the Defense Centers of 

Excellence for Psychological Health and Traumatic Brain Injury 

(including the Deployment Health Clinical Center), and the Center 

for Deployment Health Research to include, as appropriate, improving the clinical evaluation, diagnosis, management, and epidemiological study of adverse health effects among members of the 

Armed Forces following exposure to mefloquine. 


emcdonald on DSK67QTVN1PROD with HEARING
40 

43. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WILSON

OF SOUTH CAROLINA OR HIS DESIGNEE, DEBATABLE FOR 10 MIN- UTES

Section 825 is amended by inserting at the end of subsection (f) 

(page 304, after line 12) the following: 

(3) TERMINATION OF REPORT REQUIREMENT.—The requirement to submit a report under this subsection shall terminate 

on the date occurring five years after the date of the enactment 

of this Act. 

44. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WILSON

OF SOUTH CAROLINA OR HIS DESIGNEE, DEBATABLE FOR 10 MIN- UTES

At the end of title VIII, add the following new section: 

SEC. 843. REVISION OF EFFECTIVE DATE FOR AMENDMENTS RELATING TO UNDER SECRETARY OF DEFENSE FOR BUSINESS 

MANAGEMENT AND INFORMATION. 

Section 901(a)(1) of the Carl Levin and Howard P. ‘‘Buck’’ 

Mckeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291; 128 Stat. 3462; 10 U.S.C. 132a note) is 

amended by striking ‘‘February 1, 2017’’ and inserting ‘‘February 1, 

2018’’. 

45. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BEYER OF

VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VIII, add the following new section: 

SEC. 843. PROMOTION OF VALUE-BASED DEFENSE PROCUREMENT. 

(a) STATEMENT OF POLICY.—It shall be the policy of the Department of Defense to avoid using lowest price technically acceptable 

source selection criteria in inappropriate circumstances that potentially deny the Department the benefits of cost and technical tradeoffs in the source selection process. 

(b) REQUIREMENT FOR SOLICITATIONS.—For new solicitations 

issued on or after the date that is 120 days after the date of the 

enactment of this Act, lowest price technically acceptable source selection criteria shall be used only in situations in which— 

(1) the Department of Defense is able to comprehensively 

and clearly describe the minimum requirements expressed in 

term of performance objectives, measures, and standards that 

will be used to determine acceptability of offers; 

(2) the Department would realize no, or minimal, value from 

a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal; 

(3) the proposed technical approaches will require no, or 

minimal, subjective judgment by the source selection authority 

as to the desirability of one offeror’s proposal versus a competing proposal; 

(4) a review of technical proposals of offerors other than the 

lowest bidder would result in no, or minimal, benefit to the Department; and 

(5) the contracting officer has included a justification for the 

use of a lowest price technically acceptable evaluation methodVerDate Sep 11 2014 07:10 May 17, 2016 Jkt 059008 PO 00000 Frm 00040 Fmt 6659 Sfmt 6602 E:\HR\OC\HR569.XXX HR569

emcdonald on DSK67QTVN1PROD with HEARING
41 

ology in the contract file, if the contract to be awarded is predominately for the acquisition of information technology services, systems engineering and technical assistance services, or 

other knowledge-based professional services. 

(c) AVOIDANCE OF USE OF LOWEST PRICE TECHNICALLY ACCEPT- ABLE SOURCE SELECTION CRITERIA IN PROCUREMENTS OF INFORMA- TION TECHNOLOGY AND AUDITING.—To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided when the procurement is predominately for the acquisition of information technology services, systems engineering and technical assistance services, audit or audit 

readiness services, or other knowledge-based professional services. 

(d) REPORTING.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary of Defense shall submit to the congressional defense committees a report on the number of instances in which lowest-price 

technically acceptable source selection criteria is used, including an 

explanation of how the criteria was considered when making a determination to use lowest price technically acceptable source selection criteria. 

46. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURGESS

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title X (page 370, after line 17), insert 

the following new section: 

SEC. 1003. REPORT ON AUDITABLE FINANCIAL STATEMENTS. 

Not later than 30 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to the congressional defense committees a report ranking all military departments and 

Defense Agencies in order of how advanced they are in achieving 

auditable financial statements as required by law. The report 

should not include information otherwise available in other reports 

to Congress. 

47. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TURNER

OF OHIO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of subtitle F of title X the following new section: 

SEC. 10ll. BRIEFING ON CRITERIA FOR DETERMINING LOCATIONS 

OF AIR FORCE INSTALLATION AND MISSION SUPPORT 

CENTER HEADQUARTERS. 

(a) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide a 

briefing to the Committee on Armed Services of the House of Representatives on the Department of the Air Force’s process and reasoning for using proximity to primary medium commercial hub airports as part of the mission criteria for the Air Force Installation 

and Mission Support Center headquarters strategic basing process. 

(b) CONTENTS OF BRIEFING.—The briefing under subsection (a) 

will specifically address the rationale behind the distance categories used to allocate points under this mission criteria referred 

to in subsection (a), and shall provide references to any existing 

government guidance that supports use of these distance catVerDate Sep 11 2014 07:10 May 17, 2016 Jkt 059008 PO 00000 Frm 00041 Fmt 6659 Sfmt 6602 E:\HR\OC\HR569.XXX HR569

emcdonald on DSK67QTVN1PROD with HEARING
42 

egories. In addition, the briefing shall include an analysis regarding the reasons why the Department did not consider commuting 

times as a more equitable way of determining proximity to commercial hub airports that would account for the impact of different 

traffic conditions across the candidate locations. 

48. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ZELDIN

OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 423, after line 3, insert the following: 

SEC. 1070. REPORT ON TESTING AND INTEGRATION OF MINEHUNTING 

SONAR SYSTEMS TO IMPROVE LITTORAL COMBAT SHIP 

MINEHUNTING CAPABILITIES. 

(a) REPORT TO CONGRESS.—Not later than April 1, 2018, the Secretary of the Navy shall submit to the congressional defense committees a report that contains the findings of an assessment of all 

operational minehunting Synthetic Aperture Sonar (hereinafter referred to as ‘‘SAS’’) technologies suitable to meet the requirements 

for use on the Littoral Combat Ship Mine Countermeasures Mission Package. 

(b) ELEMENTS.—The report required by subsection (a) shall include— 

(1) an explanation of the future acquisition strategy for the 

minehunting mission package; 

(2) specific details regarding the capabilities of all in-production SAS systems available for integration into the Littoral 

Combat Ship Mine Countermeasure Mission Package; 

(3) an assessment of key performance parameters for the Littoral Combat Ship Mine Countermeasures Mission Package 

with each of the assessed SAS technologies; and 

(4) a review of the Department of the Navy’s efforts to evaluate SAS technologies in operation with allied Navies for future 

use on the Littoral Combat Ship Mine Countermeasures Mission Package. 

(c) SYSTEM TESTING.—The Secretary of the Navy is encouraged 

to perform at-sea testing and experimentation of sonar systems in 

order to provide data in support of the assessment required by subsection (a). 

49. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FRANKEL

OF FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 462, after line 13, insert the following new section: 

SEC. 1098. SENSE OF CONGRESS REGARDING AMERICAN VETERANS 

DISABLED FOR LIFE. 

(a) FINDINGS.—Congress finds the following: 

(1) There are at least 3,600,000 veterans currently living 

with service-connected disabilities. 

(2) As a result of their service, many veterans are permanently disabled throughout their lives and in many cases must 

rely on the support of their families and friends when these 

visible and invisible burdens become too much to bear alone. 

(3) October 5, which is the anniversary of the dedication of 

the American Veterans Disabled for Life Memorial, has been 


emcdonald on DSK67QTVN1PROD with HEARING
43 

recognized as an appropriate day on which to honor American 

veterans disabled for life each year. 

(b) SENSE OF CONGRESS.—Congress— 

(1) expresses its appreciation to the men and women left permanently wounded, ill, or injured as a result of their service 

in the Armed Forces; 

(2) supports the annual recognition of American veterans 

disabled for life each year; and 

(3) encourages the American people to honor American veterans disabled for life each year with appropriate programs 

and activities. 

50. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BEYER OF

VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 462, after line 13, insert the following: 

SEC. 1098. STUDY ON MILITARY HELICOPTER NOISE. 

(a) IN GENERAL.—The Secretary of Defense, in coordination with 

the Administrator of the Federal Aviation Administration, shall— 

(1) conduct a study on the effects of military helicopter noise 

on National Capital Region communities and individuals; and 

(2) develop recommendations for the reduction of the effects 

of military helicopter noise on individuals, structures, and 

property values in the National Capital Region. 

(b) FOCUS.—In conducting the study under subsection (a) , the 

Secretary and the Administrator shall focus on air traffic control, 

airspace design, airspace management, and types of aircraft, to address helicopter noise problems and shall take into account the 

needs of law enforcement, emergency, and military operations. 

(c) CONSIDERATION OF VIEWS.—In conducting the study under 

subsection (a), the Secretary shall consider the views of representatives of— 

(1) members of the Armed Forces; 

(2) law enforcement agencies; 

(3) community stakeholders, including residents and local 

government officials; and 

(4) organizations with an interest in reducing military helicopter noise. 

(d) REPORT.— 

(1) IN GENERAL.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary shall submit to Congress 

a report on the results of the study conducted under subsection 

(a). 

(2) AVAILABILITY TO THE PUBLIC.—The Secretary shall make 

the report required under paragraph (1) publicly available. 

51. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TROTT OF

MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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


emcdonald on DSK67QTVN1PROD with HEARING
44 

SEC. 12xx. UNITED NATIONS PROCESSING CENTER IN ERBIL, IRAQI 

KURDISTAN, TO ASSIST INTERNATIONALLY-DISPLACED 

COMMUNITIES. 

The President shall instruct the United States Permanent Representative to the United Nations to use the voice and vote of the 

United States at the United Nations to seek the establishment of 

a United Nations processing center in Erbil, Iraqi Kurdistan, to assist internationally-displaced communities. 

52. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VELA OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 12xx. REPORT ON VIOLENCE AND CARTEL ACTIVITY IN MEXICO. 

The Secretary of Defense shall submit to the congressional defense committees a report on violence and cartel activity in Mexico 

and the impact of such on United States national security. 

53. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE THORN- BERRY OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 12xx. UNITED STATES POLICY ON TAIWAN. 

(a) FINDINGS.—Congress finds the following: 

(1) For more than 50 years, the United States and Taiwan 

have had a unique and close relationship, which has supported 

the economic, cultural, and strategic advantage to both countries. 

(2) The United States has vital security and strategic interests in the Taiwan Strait. 

(3) The Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 

3301 et seq.) has been instrumental in maintaining peace, security, and stability in the Taiwan Strait since its enactment 

in 1979. 

(4) The Taiwan Relations Act states that it is the policy of 

the United States to provide Taiwan with arms of a defensive 

character and to maintain the capacity of the United States to 

defend against any forms of coercion that would jeopardize the 

security, or the social or economic system, of the people on Taiwan. 

(b) STATEMENT OF POLICY.—The Taiwan Relations Act (Public 

Law 96–8; 22 U.S.C. 3301 et seq.) forms the cornerstone of United 

States policy and relations with Taiwan. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than February 15, 2017, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report that 

contains a description of the steps the United States has taken, 

plans to take, and will take to provide Taiwan with arms of a 

defensive character in accordance with the Taiwan Relations 

Act (Public Law 96–8; 22 U.S.C. 3301 et seq.). 

(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

means— 


emcdonald on DSK67QTVN1PROD with HEARING
45 

(A) the congressional defense committees; and 

(B) Committee on Foreign Relations of the Senate and 

the Committee on Foreign Affairs of the House of Representatives. 

54. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NOLAN OF

MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of section 1504, page 599, line 3, add the following 

new subsection: 

(c) CONDITION ON USE OF FUNDS FOR SYRIA TRAIN AND EQUIP

PROGRAMS.—Amounts authorized to be appropriated by this section 

for the Syria Train and Equip programs, as specified in the funding 

table in section 4302, may not be provided to any recipient that the 

Secretary of Defense has reported, pursuant to a quarterly progress 

report submitted pursuant to section 1209 of the National Defense 

Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 

Stat. 3541), as having misused provided training and equipment. 

55. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE AGUILAR

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle C of title XVI, add the following new section: 

SEC. 16ll. PILOT PROGRAMS ON DIRECT COMMISSIONS TO CYBER 

POSITIONS. 

(a) AUTHORITY.—The Secretary of the Army and the Secretary of 

the Air Force shall each carry out a pilot program to improve the 

ability of the Army and the Air Force, respectively, to recruit cyber 

professionals. 

(b) ELEMENTS.—Under the pilot program, the Secretaries shall 

each allow individuals who meet educational, physical, and other 

requirements determined appropriate by the Secretary to receive 

original appointments as commissioned officers in a cyber specialty. 

(c) CONSULTATION.—In developing the pilot program, the Secretaries may consult with the Secretary of the Navy with respect to 

a similar program carried out by the Secretary of the Navy. 

(d) SENSE OF CONGRESS.—It is the sense of Congress that Congress supports the direct commission of individuals trained in cyber 

specialties because the demand for skilled cyber personnel outstrips the supply of such personnel, and there is great competition 

for such personnel with private industry. 

56. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DOLD OF

ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In the table in section 2207(b) of division B (relating to the Extension of 2014 Project Authorizations for the Navy), insert after 

the projects relating to Hawaii a new item as follows: 


emcdonald on DSK67QTVN1PROD with HEARING
46 

Illinois ........................... Great Lakes ................. Unaccompanied ...........

Housing ....................... $35,851,000 

57. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CHU OF

CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 798, line 22, strike ‘‘and’’. 

Page 799, strike the period and insert ‘‘; and’’. 

Page 799, insert after line 2 the following: 

(VI) the population density of the area to be 

served by the women’s business center. 

58. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PERLMUTTER OF COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Add at the end of subtitle D of title XXVIII the following: 

SEC. 28ll. MODIFICATION OF LAND CONVEYANCE, ROCKY MOUNTAIN ARSENAL NATIONAL WILDLIFE REFUGE. 

Section 5(d)(1) of the Rocky Mountain Arsenal National Wildlife 

Refuge Act of 1992 (Public Law 102–402; 16 U.S.C. 668dd note) is 

amended by adding at the end the following new subparagraph: 

‘‘(C)(i) Notwithstanding clause (i) of subparagraph (A), the 

restriction attached to any deed to any real property designated for disposal under this section that prohibits the use 

of the property for residential or industrial purposes may be 

modified or removed if it is determined, through a risk assessment performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9601 et seq.), that the property is protective for the proposed use. 

‘‘(ii) The Secretary of the Army shall not be responsible or 

liable for any of the following: 

‘‘(I) The cost of any risk assessment described in clause 

(i) or any actions taken in response to such risk assessment. 

‘‘(II) Any damages attributable to the use of property for 

residential or industrial purposes as the result of the modification or removal of a deed restriction pursuant to clause 

(i), or the costs of any actions taken in response to such 

damages.’’. 

59. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POMPEO

OF KANSAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 384, after line 15, insert the following: 

SEC. 1038. DECLASSIFICATION OF INFORMATION ON PAST TERRORIST 

ACTIVITIES OF DETAINEES TRANSFERRED FROM UNITED 

STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 

(a) IN GENERAL.—Not later than 120 days after the date of the 

enactment of this Act, the Director of National Intelligence shall— 


emcdonald on DSK67QTVN1PROD with HEARING
47 

(1) complete a declassification review of intelligence reports 

prepared by the National Counterterrorism Center prior to 

Periodic Review Board sessions or detainee transfers on the 

past terrorist activities of individuals detained at United 

States Naval Station, Guantanamo Bay, Cuba, who were transferred or released from United States Naval Station, Guantanamo Bay; and 

(2) make available to the public any information declassified 

as a result of the declassification review; and 

(3) submit to the appropriate congressional committees, consistent with the protection of sources and methods, a report 

setting forth— 

(A) the results of the declassification review; and 

(B) if any information covered by the declassification review was not declassified pursuant to the review, a justification for the determination not to declassify such information. 

(b) PAST TERRORIST ACTIVITIES.—For purposes of this section, the 

past terrorist activities of an individual shall include the terrorist 

activities conducted by the individual before the transfer of the individual to the detention facility at United States Naval Station, 

Guantanamo Bay, including, at a minimum, the following: 

(1) The terrorist organization, if any, with which affiliated. 

(2) The terrorist training, if any, received. 

(3) The role in past terrorist attacks against the interests or 

allies of the United States. 

(4) The direct responsibility, if any, for the death of citizens 

of the United States or members of the Armed Forces. 

(5) Any admission of any matter specified in paragraphs (1) 

through (4). 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the congressional defense committees; 

(2) the Committee on Foreign Affairs of the House of Representatives; 

(3) the Committee on Foreign Relations of the Senate; 

(4) the Permanent Committee on Intelligence of the House of 

Representatives; and 

(5) the Select Committee on Intelligence of the Senate. 

60. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ZINKE OF

MONTANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle D of title XVI, add the following new section: 

SEC. 16ll. REQUESTS FOR FORCES TO MEET SECURITY REQUIREMENTS FOR LAND-BASED NUCLEAR FORCES. 

(a) CERTIFICATION.—Not later than five days after the date of the 

enactment of this Act, the Chairman of the Joint Chiefs of Staff 

shall certify to the congressional defense committees that the 

Chairmans has approved any requests for forces, as of the date of 

the enactment of this Act, of a commander of a combatant command to meet the security requirements of land-based nuclear 

forces. 


emcdonald on DSK67QTVN1PROD with HEARING
48 

(b) LIMITATION.—Of the funds authorized to be appropriated by 

this Act or otherwise made available for fiscal year 2017 for the 

travel and representational expenses of the Secretary of Defense, 

not more than 75 percent may be obligated or expended until the 

date on which the Secretary certifies to the congressional defense 

committees that there is a competitive acquisition process in place 

to ensure the fielding of a UH–1N replacement aircraft in fiscal 

year 2018. 

61. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCSALLY

OF ARIZONA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 384, after line 15, insert the following: 

SEC. 1038. PROHIBITION ON ENFORCEMENT OF MILITARY COMMISSION RULINGS PREVENTING MEMBERS OF THE ARMED 

FORCES FROM CARRYING OUT OTHERWISE LAWFUL DUTIES BASED ON MEMBER GENDER. 

(a) PROHIBITION.—No order, ruling, finding, or other determination of a military commission may be construed or implemented to 

prohibit or restrict a member of the Armed Forces from carrying 

out duties otherwise lawfully assigned to such member to the extent that the basis for such prohibition or restriction is the gender 

of such member. 

(b) APPLICABILITY TO PRIOR ORDERS, ETC..—In the case of an 

order, ruling, finding, or other determination described in subsection (a) that was issued before the date of the enactment of this 

Act in a military commission and is still effective as of the date of 

the enactment of this Act, such order, ruling, finding, or determination shall be deemed to be vacated and null and void only to the 

extent of any prohibition or restriction on the duties of members 

of the Armed Forces that is based on the gender of members. 

(c) MILITARY COMMISSION DEFINED.—In this section, the term 

‘‘military commission’’ means a military commission established 

under chapter 47A of title 10, United States Code, and any military 

commission otherwise established or convened by law. 

Æ 


emcdonald on DSK67QTVN1PROD with HEARING