Amendment Text: S.Amdt.4292 — 114th Congress (2015-2016)

There is one version of the amendment.

Shown Here:
Amendment as Submitted (05/26/2016)

This Amendment appears on page S3319 in the following article from the Congressional Record.


[Pages S3300-S3375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4237. Mr. INHOFE (for himself, Mr. Donnelly, Mr. Hatch, Mr. Kaine, 
and Mr. Rounds) submitted an amendment intended to be proposed by him 
to the bill S. 2943, to authorize appropriations for fiscal year 2017 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 663. REPORT ON MODIFICATION OF BASIC ALLOWANCE FOR 
                   SUBSISTENCE IN LIGHT OF AUTHORITY FOR VARIABLE 
                   PRICING OF GOODS AT COMMISSARY STORES.

       Not later than March 31, 2017, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     feasibility and advisability of modifying the amounts payable 
     for basic allowance for subsistence (BAS) for members of the 
     Armed Forces in light of potential changes in prices of goods 
     and services at commissary stores pursuant to the authority 
     granted by the amendments made by section 661. The report 
     shall include the following:
       (1) An assessment of the potential for increases in prices 
     of goods and services at commissary stores by reason of such 
     authority, set forth by locality.
       (2) An assessment of the feasibility and advisability of 
     modifications in the amounts payable for basic allowance for 
     subsistence in light of such potential increases in prices, 
     including paying basic allowance for subsistence at different 
     rates in different locations.
                                 ______
                                 
  SA 4238. Mr. PERDUE submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1236. PROHIBITION ON ENTRY INTO CONTRACTS WITH ENTITIES 
                   THAT HAVE CONTRIBUTED TO THE VIOLATION BY THE 
                   RUSSIAN FEDERATION OF THE INTERMEDIATE-RANGE 
                   NUCLEAR FORCES TREATY.

       (a) Prohibition.--
       (1) In general.--No funds authorized to be appropriated or 
     otherwise made available for a department or agency of the 
     United States Government for a fiscal year after fiscal year 
     2016 may be used to enter into a contract with a person or 
     entity that the Secretary of State determines has materially 
     contributed to any violation of the Intermediate-Range 
     Nuclear Forces (INF) Treaty by the Russian Federation during 
     the last calendar year ending before the calendar year in 
     which such fiscal year begins.
       (2) Determinations.--Any determination made by the 
     Secretary for purposes of paragraph (1) shall be made in 
     connection with the preparation by the Secretary of the 
     annual report on arms control, nonproliferation, and 
     disarmament pursuant to section 403 of the Arms Control and 
     Disarmament Act (22 U.S.C. 2593a).
       (b) Waiver.--
       (1) In general.--The President may waive the prohibition in 
     subsection (a)(1) with respect to entry into any particular 
     contract if the President determines that the waiver is in 
     the national security interest of the United States.
       (2) Report.--The President shall submit to the appropriate 
     committees of Congress a report on any waiver made under this 
     subsection.
       (c) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) The term ``Intermediate-Range Nuclear Forces (INF) 
     Treaty'' means the Treaty Between the United States of 
     America and the Union of Soviet Socialist Republics on the 
     Elimination of Their Intermediate-Range and Shorter-Range 
     Missiles, commonly referred to as the Intermediate-Range 
     Nuclear Forces (INF) Treaty, signed at Washington, December 
     8, 1987, and entered into force June 1, 1988.
                                 ______
                                 
  SA 4239. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

[[Page S3301]]

  


     SEC. 807. ENSURING GRANTS ARE IN SUPPORT OF NATIONAL 
                   SECURITY.

       The Secretary of Defense shall establish and implement a 
     policy that will ensure that all grants issued by the 
     Department of Defense are in support of national security.
                                 ______
                                 
  SA 4240. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 764. REPORT ON FEASIBILITY AND ADVISABILITY OF ALIGNMENT 
                   OF PRESCRIPTION DRUG BUYING PROGRAMS OF THE 
                   DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) In General.--Not later than January 31, 2017, the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall jointly submit to Congress a report on the feasibility 
     and advisability of aligning the structure, statutory 
     parameters, and regulatory guidance for prescription drug 
     buying programs of the Department of Defense and the 
     Department of Veterans Affairs to increase buying power and 
     reduce costs.
       (b) Elements.--The report required by subsection (a) shall 
     include--
       (1) an assessment of the feasibility, advisability, costs, 
     and benefits of aligning the prescription drug buying 
     programs of the Department of Defense and the Department of 
     Veterans Affairs; and
       (2) a timeline to implement such alignment.
                                 ______
                                 
  SA 4241. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1655. PROHIBITION ON USE OF FUNDS FOR LONG-RANGE 
                   STANDOFF WEAPON OR W80 WARHEAD LIFE EXTENSION 
                   PROGRAM.

       Notwithstanding any other provision of law, none of the 
     funds authorized to be appropriated or otherwise made 
     available for fiscal year 2017 for the Department of Defense 
     or the Department of Energy may be obligated or expended for 
     the research, development, test, and evaluation or 
     procurement of the long-range standoff weapon or for the W80 
     warhead life extension program.
                                 ______
                                 
  SA 4242. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title VIII, add the following:

     SEC. 899C. NOTIFICATION TO SMALL BUSINESS CONCERNS REGARDING 
                   PROCUREMENT TECHNICAL ASSISTANCE CENTERS.

       Section 2418 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d)(1) The Secretary of Defense, in partnership with 
     eligible entities and the Administrator of General Services, 
     shall notify small business concerns that have successfully 
     registered in the System for Award Management referenced in 
     subpart 4.11 of the Federal Acquisition Regulation that once 
     their registration is complete free procurement technical 
     assistance is available pursuant to procurement technical 
     assistance cooperative agreements.
       ``(2) In this subsection, the term `small business concern' 
     has the meaning given the term in section 3(a) of the Small 
     Business Act (15 U.S.C. 632(a)).''.
                                 ______
                                 
  SA 4243. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1231 and insert the following:

     SEC. 1231. EXTENSION AND ENHANCEMENT OF UKRAINE SECURITY 
                   ASSISTANCE INITIATIVE.

       (a) Funding.--Section 1250 of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 
     129 Stat. 1068) is amended--
       (1) in subsection (a), by striking ``Of the amounts'' and 
     all that follows through ``shall be available to'' and 
     inserting ``Amounts available for a fiscal year under 
     subsection (f) shall be available to'';
       (2) by redesignating subsection (f) as subsection (h); and
       (3) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Funding.--From amounts authorized to be appropriated 
     for the fiscal year concerned for the Department of Defense 
     for overseas contingency operations, the following shall be 
     available for purposes of subsection (a):
       ``(1) For fiscal year 2016, $300,000,000.
       ``(2) For fiscal year 2017, $500,000,000.''.
       (b) Additional Authorized Assistance.--Subsection (b) of 
     such section is amended--
       (1) in paragraph (2), by striking ``and small arms and 
     ammunition'' and inserting ``small arms and ammunition, and 
     air defense weapon systems''; and
       (2) by adding at the end the following new paragraphs:
       ``(10) Equipment and technical assistance to the State 
     Border Guard Service of Ukraine for the purpose of developing 
     a comprehensive border surveillance network for Ukraine.
       ``(11) Training for staff officers and senior leadership of 
     the military.
       ``(12) Air defense and coastal defense radars.''.
       (c) Availability of Funds.--Subsection (c) of such section 
     is amended--
       (1) in paragraph (1), by inserting ``for a fiscal year'' 
     after ``pursuant to subsection (a)'';
       (2) in paragraph (2), by striking ``pursuant to subsection 
     (a)'' and all that follows and inserting ``pursuant to 
     subsection (a) for a fiscal year, the amount as follows shall 
     be available only for lethal and critical assistance 
     described in paragraphs (2) and (3) of subsection (b) in that 
     fiscal year:
       ``(A) In fiscal year 2016, $50,000,000.
       ``(B) In fiscal year 2017, $150,000,000;''.
       (3) in paragraph (3)--
       (A) in the paragraph heading, by striking ``other 
     purposes'' and inserting ``Availability for non-ukraine 
     purposes of certain amount otherwise available for ukraine 
     defensive lethal assistance'';
       (B) in the matter preceding subparagraph (A), by striking 
     the first sentence and inserting the following new sentence: 
     ``Subject to paragraph (5), the amount described in paragraph 
     (2)(B) for fiscal year 2017 shall be available for purposes 
     other than assistance and support described in subsection (a) 
     commencing on the date that is 90 days after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2017 if the Secretary of Defense, with the 
     concurrence of the Secretary of State, determines that the 
     use of such amount for lethal and critical assistance 
     described in paragraphs (2) and (3) of subsection (b) is not 
     in the national security interests of the United States.''; 
     and
       (C) in subparagraph (B), by striking ``or the Government of 
     Ukraine''; and
       (4) by adding at the end the following new paragraphs:
       ``(4) Availability for non-ukraine purposes of certain 
     amount otherwise available for ukraine generally.--
       ``(A) In general.--If the certification described in 
     subparagraph (B) is not made to the congressional defense 
     committees by the end of the 90-day period beginning on the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2017, commencing as of the end of that 
     period $250,000,000 of the amount available for this section 
     for fiscal year 2017 under subsection (f) shall be available 
     in accordance with paragraph (5)(B).
       ``(B) Certification.--A certification described in this 
     subparagraph is a certification by the Secretary of Defense, 
     in coordination with the Secretary of State, that the 
     Government of Ukraine has taken substantial actions to make 
     defense institutional reforms in such areas as civilian 
     control of the military, cooperation and coordination with 
     Verkhovna Rada efforts to exercise oversight of the Ministry 
     of Defense and military forces, increased transparency and 
     accountability in defense procurement, and improvement in 
     transparency, accountability, and potential opportunities for 
     privatization in the defense industrial sector. The purpose 
     of these defense institutional reforms is to decrease 
     corruption, increase accountability, and sustain improvements 
     of combat capability enabled by such international security 
     assistance. The certification shall include an assessment of 
     the substantial actions taken to make such defense 
     institutional reforms and the areas in which additional 
     action is needed.
       ``(5) Use.--In the event funds described in paragraph 
     (2)(B) are not used in fiscal year 2017 for defensive lethal 
     and critical assistance described in paragraphs (2) and (3) 
     of subsection (b) by reason of a determination under 
     paragraph (3), and funds described in paragraph (4) are not 
     available under that paragraph in that fiscal year by reason 
     of the lack of a certification described in paragraph (4)(B), 
     of the amount available for this section under subsection (f) 
     for fiscal year 2017--
       ``(A) $250,000,000 may be used for assistance and support 
     described in subsection (a) for the Government of Ukraine; 
     and
       ``(B) $250,000,000 may be used for purposes described in 
     paragraph (3), of which not more

[[Page S3302]]

     than $150,000,000 may be used for such purposes for a 
     particular foreign country.
       ``(6) Notice to congress.--Not later than 15 days before 
     providing assistance or training under paragraph (3), (4), or 
     (5), the Secretary of Defense shall submit to the 
     congressional defense committees, the Committee on Foreign 
     Relations of the Senate, and the Committee on Foreign Affairs 
     of the House of Representatives a notification containing the 
     following:
       ``(A) The recipient foreign country.
       ``(B) A detailed description of the assistance or training 
     to be provided, including--
       ``(i) the objectives of such assistance or training;
       ``(ii) the budget for such assistance or training; and
       ``(iii) the expected or estimated timeline for delivery of 
     such assistance or training.
       ``(C) Such other matters as the Secretary considers 
     appropriate.''.
       (d) Construction With Other Authority.--Such section is 
     further amended by inserting after subsection (f), as amended 
     by subsection (a)(3) of this section, the following new 
     subsection (g):
       ``(g) Construction With Other Authority.--The authority to 
     provide assistance and support pursuant to subsection (a), 
     and the authority to provide assistance and training support 
     under subsection (c), is in addition to authority to provide 
     assistance and support under title 10, United States Code, 
     the Foreign Assistance Act of 1961, the Arms Export Control 
     Act, or any other provision of law.''.
       (e) Extension.--Subsection (h) of such section, as 
     redesignated by subsection (a)(2) of this section, is amended 
     by striking ``December 31, 2017'' and inserting ``December 
     31, 2019''.
       (f) Extension of Reports on Military Assistance to 
     Ukraine.--Section 1275(e) of the Carl Levin and Howard P. 
     ``Buck'' McKeon National Defense Authorization Act for Fiscal 
     Year 2015 (Public Law 113-291; 128 Stat. 3592), as amended by 
     section 1250(g) of the National Defense Authorization Act for 
     Fiscal Year 2016, is further amended by striking ``December 
     31, 2017'' and inserting ``December 31, 2020''.
                                 ______
                                 
  SA 4244. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. CYBERSECURITY TRANSPARENCY.

       (a) Definitions.--In this section--
       (1) the term ``Commission'' means the Securities and 
     Exchange Commission;
       (2) the term ``cybersecurity threat''--
       (A) means an action, not protected by the First Amendment 
     to the Constitution of the United States, on or through an 
     information system that may result in an unauthorized effort 
     to adversely impact the security, availability, 
     confidentiality, or integrity of an information system or 
     information that is stored on, processed by, or transiting an 
     information system; and
       (B) does not include any action that solely involves a 
     violation of a consumer term of service or a consumer 
     licensing agreement;
       (3) the term ``information system''--
       (A) has the meaning given the term in section 3502 of title 
     44, United States Code; and
       (B) includes industrial control systems, such as 
     supervisory control and data acquisition systems, distributed 
     control systems, and programmable logic controllers;
       (4) the term ``issuer'' has the meaning given the term in 
     section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c); and
       (5) the term ``reporting company'' means any company that 
     is an issuer--
       (A) the securities of which are registered under section 12 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78l); or
       (B) that is required to file reports under section 15(d) of 
     such Act (15 U.S.C. 78o(d)).
       (b) Requirement To Issue Rules.--Not later than 360 days 
     after the date of enactment of this Act, the Commission shall 
     issue final rules to require each reporting company, in the 
     annual report submitted under section 13 or section 15(d) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78m and 
     78o(d)) or the annual proxy statement submitted under section 
     14(a) of such Act (15 U.S.C. 78n(a))--
       (1) to disclose whether any member of the governing body, 
     such as the board of directors or general partner, of the 
     reporting company has expertise or experience in 
     cybersecurity and in such detail as necessary to fully 
     describe the nature of the expertise or experience; and
       (2) if no member of the governing body of the reporting 
     company has expertise or experience in cybersecurity, to 
     describe what other cybersecurity steps taken by the 
     reporting company were taken into account by such persons 
     responsible for identifying and evaluating nominees for any 
     member of the governing body, such as a nominating committee.
       (c) Cybersecurity Expertise or Experience.--For purposes of 
     subsection (b), the Commission, in coordination with the 
     National Institute of Standards and Technology, shall define 
     what constitutes expertise or experience in cybersecurity, 
     such as professional qualifications to administer information 
     security program functions or experience detecting, 
     preventing, mitigating, or addressing cybersecurity threats.
                                 ______
                                 
  SA 4245. Mr. BROWN (for himself, Mr. Durbin, Ms. Warren, Mr. 
Blumenthal, Mrs. Murray, Mr. Franken, Mr. Carper, Mr. Markey, Mr. 
Murphy, Mr. Reed, Mrs. Boxer, and Mr. Heinrich) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 563.
                                 ______
                                 
  SA 4246. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1097. AUTHORITY TO ENTER INTO CERTAIN LEASES AT THE 
                   DEPARTMENT OF VETERANS AFFAIRS WEST LOS ANGELES 
                   CAMPUS.

       (a) In General.--The Secretary of Veterans Affairs may 
     carry out leases described in subsection (b) at the 
     Department of Veterans Affairs West Los Angeles Campus in Los 
     Angeles, California (in this section referred to as the 
     ``Campus'').
       (b) Leases Described.--Leases described in this subsection 
     are the following:
       (1) Any enhanced-use lease of real property under 
     subchapter V of chapter 81 of title 38, United States Code, 
     for purposes of providing supportive housing, as that term is 
     defined in section 8161(3) of such title, that principally 
     benefit veterans and their families.
       (2) Any lease of real property for a term not to exceed 50 
     years to a third party to provide services that principally 
     benefit veterans and their families and that are limited to 
     one or more of the following purposes:
       (A) The promotion of health and wellness, including 
     nutrition and spiritual wellness.
       (B) Education.
       (C) Vocational training, skills building, or other training 
     related to employment.
       (D) Peer activities, socialization, or physical recreation.
       (E) Assistance with legal issues and Federal benefits.
       (F) Volunteerism.
       (G) Family support services, including child care.
       (H) Transportation.
       (I) Services in support of one or more of the purposes 
     specified in subparagraphs (A) through (H).
       (3) A lease of real property for a term not to exceed 10 
     years to The Regents of the University of California, a 
     corporation organized under the laws of the State of 
     California, on behalf of its University of California, Los 
     Angeles (UCLA) campus (in this section referred to as ``The 
     Regents''), if--
       (A) the lease is consistent with the master plan described 
     in subsection (g);
       (B) the provision of services to veterans is the 
     predominant focus of the activities of The Regents at the 
     Campus during the term of the lease;
       (C) The Regents expressly agrees to provide, during the 
     term of the lease and to an extent and in a manner that the 
     Secretary considers appropriate, additional services and 
     support (for which The Regents is not compensated by the 
     Secretary or through an existing medical affiliation 
     agreement) that--
       (i) principally benefit veterans and their families, 
     including veterans who are severely disabled, women, aging, 
     or homeless; and
       (ii) may consist of activities relating to the medical, 
     clinical, therapeutic, dietary, rehabilitative, legal, 
     mental, spiritual, physical, recreational, research, and 
     counseling needs of veterans and their families or any of the 
     purposes specified in any of subparagraphs (A) through (I) of 
     paragraph (2); and
       (D) The Regents maintains records documenting the value of 
     the additional services and support that The Regents provides 
     pursuant to subparagraph (C) for the duration of the lease 
     and makes such records available to the Secretary.
       (c) Limitation on Land-Sharing Agreements.--The Secretary 
     may not carry out any land-sharing agreement pursuant to 
     section 8153 of title 38, United States Code, at the Campus 
     unless such agreement--
       (1) provides additional health-care resources to the 
     Campus; and
       (2) benefits veterans and their families other than from 
     the generation of revenue for the Department of Veterans 
     Affairs.
       (d) Revenues From Leases at the Campus.--Any funds received 
     by the Secretary

[[Page S3303]]

     under a lease described in subsection (b) shall be credited 
     to the applicable Department medical facilities account and 
     shall be available, without fiscal year limitation and 
     without further appropriation, exclusively for the renovation 
     and maintenance of the land and facilities at the Campus.
       (e) Easements.--
       (1) In general.--Notwithstanding any other provision of law 
     (other than Federal laws relating to environmental and 
     historic preservation), pursuant to section 8124 of title 38, 
     United States Code, the Secretary may grant easements or 
     rights-of-way on, above, or under lands at the Campus to--
       (A) any local or regional public transportation authority 
     to access, construct, use, operate, maintain, repair, or 
     reconstruct public mass transit facilities, including, fixed 
     guideway facilities and transportation centers; and
       (B) the State of California, County of Los Angeles, City of 
     Los Angeles, or any agency or political subdivision thereof, 
     or any public utility company (including any company 
     providing electricity, gas, water, sewage, or 
     telecommunication services to the public) for the purpose of 
     providing such public utilities.
       (2) Improvements.--Any improvements proposed pursuant to an 
     easement or right-of-way authorized under paragraph (1) shall 
     be subject to such terms and conditions as the Secretary 
     considers appropriate.
       (3) Termination.--Any easement or right-of-way authorized 
     under paragraph (1) shall be terminated upon the abandonment 
     or nonuse of the easement or right-of-way and all right, 
     title, and interest in the land covered by the easement or 
     right-of-way shall revert to the United States.
       (f) Prohibition on Sale of Property.--Notwithstanding 
     section 8164 of title 38, United States Code, the Secretary 
     may not sell or otherwise convey to a third party fee simple 
     title to any real property or improvements to real property 
     made at the Campus.
       (g) Consistency With Master Plan.--The Secretary shall 
     ensure that each lease carried out under this section is 
     consistent with the draft master plan approved by the 
     Secretary on January 28, 2016, or successor master plans.
       (h) Compliance With Certain Laws.--
       (1) Laws relating to leases and land use.--If the Inspector 
     General of the Department of Veterans Affairs determines, as 
     part of an audit report or evaluation conducted by the 
     Inspector General, that the Department is not in compliance 
     with all Federal laws relating to leases and land use at the 
     Campus, or that significant mismanagement has occurred with 
     respect to leases or land use at the Campus, the Secretary 
     may not enter into any lease or land-sharing agreement at the 
     Campus, or renew any such lease or land-sharing agreement 
     that is not in compliance with such laws, until the Secretary 
     certifies to the Committee on Veterans' Affairs of the 
     Senate, the Committee on Veterans' Affairs of the House of 
     Representatives, and each Member of the Senate and the House 
     of Representatives who represents the area in which the 
     Campus is located that all recommendations included in the 
     audit report or evaluation have been implemented.
       (2) Compliance of particular leases.--Except as otherwise 
     expressly provided by this section, no lease may be entered 
     into or renewed under this section unless the lease complies 
     with chapter 33 of title 41, United States Code, and all 
     Federal laws relating to environmental and historic 
     preservation.
       (i) Community Veterans Engagement Board.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall establish a 
     Community Veterans Engagement Board (in this subsection 
     referred to as the ``Board'') for the Campus to coordinate 
     locally with the Department of Veterans Affairs to--
       (A) identify the goals of the community; and
       (B) provide advice and recommendations to the Secretary to 
     improve services and outcomes for veterans, members of the 
     Armed Forces, and the families of such veterans and members.
       (2) Members.--The Board shall be comprised of a number of 
     members that the Secretary determines appropriate, of which 
     not less than 50 percent shall be veterans. The nonveteran 
     members shall be family members of veterans, veteran 
     advocates, service providers, or stakeholders.
       (3) Community input.--In carrying out subparagraphs (A) and 
     (B) of paragraph (1), the Board shall--
       (A) provide the community opportunities to collaborate and 
     communicate with the Board, including by conducting public 
     forums on the Campus; and
       (B) focus on local issues regarding the Department that are 
     identified by the community, including with respect to health 
     care, benefits, and memorial services at the Campus.
       (j) Notification and Reports.--
       (1) Congressional notification.--With respect to each lease 
     or land-sharing agreement intended to be entered into or 
     renewed at the Campus, the Secretary shall notify the 
     Committee on Veterans' Affairs of the Senate, the Committee 
     on Veterans' Affairs of the House of Representatives, and 
     each Member of the Senate and the House of Representatives 
     who represents the area in which the Campus is located of the 
     intent of the Secretary to enter into or renew the lease or 
     land-sharing agreement not later than 45 days before entering 
     into or renewing the lease or land-sharing agreement.
       (2) Annual report.--Not later than one year after the date 
     of the enactment of this Act, and not less frequently than 
     annually thereafter, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate, the Committee 
     on Veterans' Affairs of the House of Representatives, and 
     each Member of the Senate and the House of Representatives 
     who represents the area in which the Campus is located an 
     annual report evaluating all leases and land-sharing 
     agreements carried out at the Campus, including--
       (A) an evaluation of the management of the revenue 
     generated by the leases; and
       (B) the records described in subsection (b)(3)(D).
       (3) Inspector general report.--
       (A) In general.--Not later than each of two years and five 
     years after the date of the enactment of this Act, and as 
     determined necessary by the Inspector General of the 
     Department of Veterans Affairs thereafter, the Inspector 
     General shall submit to the Committee on Veterans' Affairs of 
     the Senate, the Committee on Veterans' Affairs of the House 
     of Representatives, and each Member of the Senate and the 
     House of Representatives who represents the area in which the 
     Campus is located a report on all leases carried out at the 
     Campus and the management by the Department of the use of 
     land at the Campus, including an assessment of the efforts of 
     the Department to implement the master plan described in 
     subsection (g) with respect to the Campus.
       (B) Consideration of annual report.--In preparing each 
     report required by subparagraph (A), the Inspector General 
     shall take into account the most recent report submitted to 
     Congress by the Secretary under paragraph (2).
       (k) Rule of Construction.--Nothing in this section shall be 
     construed as a limitation on the authority of the Secretary 
     to enter into other agreements regarding the Campus that are 
     authorized by law and not inconsistent with this section.
       (l) Principally Benefit Veterans and Their Families 
     Defined.--In this section the term ``principally benefit 
     veterans and their families'', with respect to services 
     provided by a person or entity under a lease of property or 
     land-sharing agreement--
       (1) means services--
       (A) provided exclusively to veterans and their families; or
       (B) that are designed for the particular needs of veterans 
     and their families, as opposed to the general public, and any 
     benefit of those services to the general public is distinct 
     from the intended benefit to veterans and their families; and
       (2) excludes services in which the only benefit to veterans 
     and their families is the generation of revenue for the 
     Department of Veterans Affairs.
       (m) Conforming Amendments.--
       (1) Prohibition on disposal of property.--Section 224(a) of 
     the Military Construction and Veterans Affairs and Related 
     Agencies Appropriations Act, 2008 (Public Law 110-161; 121 
     Stat. 2272) is amended by striking ``The Secretary of 
     Veterans Affairs'' and inserting ``Except as authorized under 
     section 1097 of the National Defense Authorization Act for 
     Fiscal Year 2017, the Secretary of Veterans Affairs''.
       (2) Enhanced-use leases.--Section 8162(c) of title 38, 
     United States Code, is amended by inserting ``, other than an 
     enhanced-use lease under section 1097 of the National Defense 
     Authorization Act for Fiscal Year 2017,'' before ``shall be 
     considered''.
                                 ______
                                 
  SA 4247. Mr. DAINES (for himself, Mr. Hoeven, and Mr. Tester) 
submitted an amendment intended to be proposed by him to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XVI, insert the 
     following:

     SEC. 1655. EXPEDITED DECISION WITH RESPECT TO SECURING LAND-
                   BASED MISSILE FIELDS.

       To mitigate any risk posed to the nuclear forces of the 
     United States by the failure to replace the UH-1N helicopter, 
     the Secretary of Defense shall, in consultation with the 
     Chairman of the Joint Chiefs of Staff--
       (1) decide if the land-based missile fields using UH-1N 
     helicopters meet security requirements and if there are any 
     shortfalls or gaps in meeting such requirements;
       (2) not later than 30 days after the date of the enactment 
     of this Act, submit to Congress a report on the decision 
     relating to a request for forces required by paragraph (1); 
     and
       (3) if the Chairman determines the implementation of the 
     decision to be warranted to mitigate any risk posed to the 
     nuclear forces of the United States--
       (A) not later than 60 days after such date of enactment, 
     implement that decision; or
       (B) if the Secretary cannot implement that decision during 
     the period specified in subparagraph (A), not later than 45 
     days after such date of enactment, submit to Congress a 
     report that includes a proposal for the date

[[Page S3304]]

     by which the Secretary can implement that decision and a plan 
     to carry out that proposal.
                                 ______
                                 
  SA 4248. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 809, after line 24, add the following:
       (5) a description of installations from which the Armed 
     Forces may conduct communications and domain awareness 
     activities in support of Arctic security missions; and
       (6) a description of efforts to promote military-to-
     military cooperation with partner countries that have mutual 
     security interests in the Arctic region, including 
     opportunities for sharing installations and maintenance 
     facilities.
       On page 810, between lines 16 and 17, insert the following:
       (f) Other Installations.--Nothing in this section may be 
     construed to limit the authority of the Department of Defense 
     to use existing infrastructure in support of Arctic domain 
     awareness or to pursue military-to-military cooperation with 
     partner countries that have mutual security interests in the 
     Arctic region, including opportunities for sharing 
     installations and maintenance facilities.
                                 ______
                                 
  SA 4249. Ms. HEITKAMP (for herself and Mr. Boozman) submitted an 
amendment intended to be proposed by her to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1277. FINANCING OF SALES OF AGRICULTURAL COMMODITIES TO 
                   CUBA.

       (a) In General.--Notwithstanding any other provision of law 
     (other than section 908 of the Trade Sanctions Reform and 
     Export Enhancement Act of 2000 (22 U.S.C. 7207), as amended 
     by subsection (c)), a person subject to the jurisdiction of 
     the United States may provide payment or financing terms for 
     sales of agricultural commodities to Cuba or an individual or 
     entity in Cuba.
       (b) Definitions.--In this section:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given that term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (2) Financing.--The term ``financing'' includes any loan or 
     extension of credit.
       (c) Conforming Amendments.--Section 908 of the Trade 
     Sanctions Reform and Export Enhancement Act of 2000 (22 
     U.S.C. 7207) is amended--
       (1) in the section heading, by striking ``and financing'';
       (2) by striking subsection (b);
       (3) in subsection (a)--
       (A) by striking ``Prohibition'' and all that follows 
     through ``(1) In general.--Notwithstanding'' and inserting 
     ``In General.--Notwithstanding''; and
       (B) by redesignating paragraphs (2) and (3) as subsections 
     (b) and (c), respectively, and by moving those subsections, 
     as so redesignated, 2 ems to the left; and
       (4) by striking ``paragraph (1)'' each place it appears and 
     inserting ``subsection (a)''.
                                 ______
                                 
  SA 4250. Mrs. SHAHEEN (for herself, Mr. McCain, Mr. Reed, and Mr. 
Tillis) submitted an amendment intended to be proposed by her to the 
bill S. 2943, to authorize appropriations for fiscal year 2017 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1216. MODIFICATION OF PROTECTION FOR AFGHAN ALLIES.

       (a) Numerical Limitations.--Subparagraph (F) of section 
     602(b)(3) of the Afghan Allies Protection Act of 2009 (8 
     U.S.C. 1101 note) is amended--
       (1) in the heading, by striking ``2015, 2016, and 2017'' 
     and inserting ``2015, 2016, 2017, and 2018'';
       (2) in the matter preceding clause (i)--
       (A) by striking ``exhausted,,'' and inserting 
     ``exhausted,''; and
       (B) by striking ``7,000'' and inserting ``11,000'';
       (3) in clause (i), by striking ``December 31, 2016;'' and 
     inserting ``December 31, 2017;''; and
       (4) in clause (ii), by striking ``December 31, 2016;'' and 
     inserting ``December 31, 2017;''.
       (b) Plan to Bring Afghan SIV Program to a Responsible 
     End.--Section 602(b) of the Afghan Allies Protection Act of 
     2009 (8 U.S.C. 1101 note) is amended by adding at the end the 
     following:
       ``(17) Plan to bring afghan siv program to a responsible 
     end.--
       ``(A) In general.--Not later than 120 days after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2017 or March 1, 2018, whichever is earlier, 
     the Secretary of Defense and Secretary of State, in 
     consultation with the Secretary of Homeland Security, the 
     Chairman of the Joint Chiefs of Staff, the Commander of 
     United States Central Command, and the Commander Resolute 
     Support/United States Forces - Afghanistan, shall submit to 
     the appropriate committees of Congress a report detailing a 
     strategy for bringing the program under this title to provide 
     special immigrant status to certain Afghans to a responsible 
     end by or before December 31, 2019, or as soon thereafter as 
     practicable consistent with the national security interests 
     of the United States.
       ``(B) Content.--The report required by subparagraph (A) 
     shall address, at a minimum, the following:
       ``(i) The number of visas that would be required to meet 
     existing or reasonably projected commitments, taking into 
     account the need to support a continued United States 
     Government presence in Afghanistan.
       ``(ii) An estimate of how long such visas should remain 
     available.
       ``(iii) A assessment of whether other existing programs 
     would be adequate to incentivize the continued recruitment, 
     retention, and protection of critical Afghan employees, after 
     the program under this title expires.
       ``(iv) A description of potential alternative programs that 
     could be considered if existing programs are inadequate.''.
                                 ______
                                 
  SA 4251. Mr. DAINES (for himself, Mr. Tester, Mr. Rubio, Mr. Portman, 
and Mr. Burr) submitted an amendment intended to be proposed by him to 
the bill S. 2943, to authorize appropriations for fiscal year 2017 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title VI, add the following:

     SEC. 673. REPEAL OF AUTHORITY OF THE PRESIDENT TO DETERMINE 
                   AN ALTERNATIVE ANNUAL PAY ADJUSTMENT FOR 
                   MEMBERS OF THE UNIFORMED SERVICES BASED ON 
                   SERIOUS ECONOMIC CONDITIONS.

       Section 1009(e) of title 37, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``or serious economic 
     conditions affecting the general welfare'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
                                 ______
                                 
  SA 4252. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. REVIEW AND UPDATE OF GUIDANCE REGARDING SECURITY 
                   CLEARANCES FOR CERTAIN SENATE EMPLOYEES.

       (a) Definitions.--In this section--
       (1) the term ``covered committee of the Senate'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Subcommittee on Defense of the Committee on 
     Appropriations of the Senate;
       (D) the Subcommittee on State, Foreign Operations, and 
     Related Programs of the Committee on Appropriations of the 
     Senate;
       (E) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (F) the Committee on the Judiciary of the Senate;
       (2) the term ``covered Member of the Senate'' means a 
     Member of the Senate who serves on a covered committee of the 
     Senate; and
       (3) the term ``Senate employee'' means an employee whose 
     pay is disbursed by the Secretary of the Senate.
       (b) Review of Procedures.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Director of Senate Security, in 
     coordination with the Director of National Intelligence and 
     the Chairperson of the Suitability and Security Clearance 
     Performance Accountability Council established under 
     Executive Order 13467 (73 Fed. Reg. 38103), shall--
       (A) conduct a review of whether procedures in effect enable 
     1 Senate employee designated by each covered Member of the 
     Senate to obtain security clearances necessary for access to 
     classified national security information, including top 
     secret and sensitive

[[Page S3305]]

     compartmentalized information, if the Senate employee meets 
     the criteria for such clearances; and
       (B) if the Director of Senate Security, in coordination 
     with the Director of National Intelligence and the 
     Chairperson of the Suitability and Security Clearance 
     Performance Accountability Council established under 
     Executive Order 13467 (73 Fed. Reg. 38103), determines the 
     procedures described in subparagraph (A) are inadequate, 
     issue guidelines on the establishment and implementation of 
     such procedures.
       (2) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Director of Senate Security shall 
     submit to each covered committee of the Senate a report 
     regarding the review conducted under paragraph (1)(A) and 
     guidance, if any, issued under paragraph (1)(B).
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to alter--
       (1) the rule of the Information Security Oversight Office 
     implementing Standard Form 312, which Members of Congress 
     sign in order to be permitted to access classified 
     information;
       (2) the requirement that Members of the Senate satisfy the 
     ``need-to-know'' requirement to access classified 
     information;
       (3) the scope of the jurisdiction of any committee or 
     subcommittee of the Senate; or
       (4) the inherent authority of the executive branch of the 
     Government, the Office of Senate Security, any Committee of 
     the Senate, or the Department of Defense to determine 
     recipients of all classified information.
                                 ______
                                 
  SA 4253. Mrs. SHAHEEN (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed by her to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

       DIVISION F--SBIR AND STTR REAUTHORIZATION AND IMPROVEMENTS

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``SBIR and STTR 
     Reauthorization and Improvement Act of 2016''.

                 TITLE LXI--REAUTHORIZATION OF PROGRAMS

     SEC. 6101. PERMANENCY OF SBIR PROGRAM AND STTR PROGRAM.

       (a) SBIR.--Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) is amended--
       (1) in the subsection heading, by striking ``Termination'' 
     and inserting ``SBIR Program Authorization''; and
       (2) by striking ``terminate on September 30, 2017'' and 
     inserting ``be in effect for each fiscal year''.
       (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 
     U.S.C. 638(n)(1)(A)) is amended by striking ``through fiscal 
     year 2017''.

   TITLE LXII--ENHANCED SMALL BUSINESS ACCESS TO FEDERAL INNOVATION 
                              INVESTMENTS

     SEC. 6201. ALLOCATION INCREASES AND TRANSPARENCY IN BASE 
                   CALCULATION.

       (a) SBIR.--Section 9(f) of the Small Business Act (15 
     U.S.C. 638(f)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``expend'' and inserting ``obligate for expenditure'';
       (B) in subparagraph (H), by striking ``and'' at the end;
       (C) in subparagraph (I), by striking ``and each fiscal year 
     thereafter,'' and inserting a semicolon; and
       (D) by inserting after subparagraph (I) the following:
       ``(J) for a Federal agency other than the Department of 
     Defense--
       ``(i) not less than 3.5 percent of the extramural budget 
     for research or research and development of the Federal 
     agency in each of fiscal years 2018 and 2019;
       ``(ii) not less than 4 percent of such extramural budget in 
     each of fiscal years 2020 and 2021;
       ``(iii) not less than 4.5 percent of such extramural budget 
     in each of fiscal years 2022 and 2023;
       ``(iv) not less than 5 percent of such extramural budget in 
     each of fiscal years 2024 and 2025;
       ``(v) not less than 5.5 percent of such extramural budget 
     in each of fiscal years 2026 and 2027; and
       ``(vi) not less than 6 percent of such extramural budget in 
     fiscal year 2028 and each fiscal year thereafter; and
       ``(K) for the Department of Defense--
       ``(i) not less than 2.5 percent of the budget for research, 
     development, test, and evaluation of the Department of 
     Defense in each of fiscal years 2018 and 2019;
       ``(ii) not less than 3 percent of such budget in each of 
     fiscal years 2020 and 2021;
       ``(iii) not less than 3.5 percent of such budget in each of 
     fiscal years 2022 and 2023;
       ``(iv) not less than 4 percent of such budget in each of 
     fiscal years 2024 and 2025;
       ``(v) not less than 4.5 percent of such budget in each of 
     fiscal years 2026 and 2027; and
       ``(vi) not less than 5 percent of such budget in fiscal 
     year 2028 and each fiscal year thereafter,'';
       (2) in paragraph (2)(B), by inserting ``(or for the 
     Department of Defense, an amount of the budget for basic 
     research of the Department of Defense)'' after ``research''; 
     and
       (3) in paragraph (4), by inserting ``(or for the Department 
     of Defense an amount of the budget for research, development, 
     test, and evaluation of the Department of Defense)'' after 
     ``of the agency''.
       (b) STTR.--Section 9(n)(1) of the Small Business Act (15 
     U.S.C. 638(n)(1)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``expend'' and inserting ``obligate for 
     expenditure''; and
       (B) by striking ``not less than the percentage of that 
     extramural budget specified in subparagraph (B)'' and 
     inserting ``for a Federal agency other than the Department of 
     Defense, not less than the percentage of that extramural 
     budget specified in subparagraph (B) and, for the Department 
     of Defense, not less than the percentage of the budget for 
     research, development, test, and evaluation of the Department 
     of Defense specified in subparagraph (B)''
       (2) in subparagraph (B)--
       (A) in the matter preceding clause (i), by striking ``the 
     extramural budget required to be expended by an agency'' and 
     inserting ``the extramural budget, for a Federal agency other 
     than the Department of Defense, and of the budget for 
     research, development, test, and evaluation, for the 
     Department of Defense, required to be obligated for 
     expenditure with small business concerns'';
       (B) in clause (iv), by striking ``and'' at the end;
       (C) in clause (v), by striking ``fiscal year 2016 and each 
     fiscal year thereafter.'' and inserting ``each of fiscal 
     years 2016 and 2017;''; and
       (D) by adding at the end the following:
       ``(vi) 0.55 percent for each of fiscal years 2018 and 2019;
       ``(vii) 0.65 percent for each of fiscal years 2020 and 
     2021;
       ``(viii) 0.75 percent for each of fiscal years 2022 and 
     2023; and
       ``(ix) 1 percent for fiscal year 2024 and each fiscal year 
     thereafter.''.

     SEC. 6202. REGULAR OVERSIGHT OF AWARD AMOUNTS.

       (a) Elimination of Automatic Inflation Adjustments.--
     Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is 
     amended--
       (1) in paragraph (2)(D), by inserting ``through fiscal year 
     2016'' after ``every year''; and
       (2) by adding at the end the following:
       ``(4) 2016 modifications for dollar value of awards.--Not 
     later than 120 days after the date of enactment of the SBIR 
     and STTR Reauthorization and Improvement Act of 2016, the 
     Administrator shall modify the policy directives issued under 
     this subsection to--
       ``(A) eliminate the annual adjustments for inflation of the 
     dollar value of awards described in paragraph (2)(D); and
       ``(B) clarify that Congress intends to review the dollar 
     value of awards every 3 fiscal years.''.
       (b) Sense of Congress Regarding Regular Review of the Award 
     Sizes.--It is the sense of Congress that for fiscal year 
     2019, and every third fiscal year thereafter, Congress should 
     evaluate whether the maximum award sizes under the Small 
     Business Innovation Research Program and the Small Business 
     Technology Transfer Program under section 9 of the Small 
     Business Act (15 U.S.C. 638) should be adjusted and, if so, 
     take appropriate action to direct that such adjustments be 
     made under the policy directives issued under subsection (j) 
     of such section.
       (c) Clarification of Sequential Phase II Awards.--Section 
     9(ff) of the Small Business Act (15 U.S.C. 638(ff)) is 
     amended by adding at the end the following:
       ``(3) Clarification of sequential phase ii awards.--The 
     head of a Federal agency shall ensure that any sequential 
     Phase II award is made in accordance with the limitations on 
     award sizes under subsection (aa).
       ``(4) Cross-agency sequential phase ii awards.--A small 
     business concern that receives a sequential Phase II SBIR or 
     Phase II STTR award for a project from a Federal agency is 
     eligible to receive an additional sequential Phase II award 
     that continues work on that project from another Federal 
     agency.''.

              TITLE LXIII--COMMERCIALIZATION IMPROVEMENTS

     SEC. 6301. PERMANENCY OF THE COMMERCIALIZATION PILOT PROGRAM 
                   FOR CIVILIAN AGENCIES.

       Section 9(gg) of the Small Business Act (15 U.S.C. 638(gg)) 
     is amended--
       (1) in the subsection heading, by striking ``Pilot 
     Program'' and inserting ``Commercialization Development 
     Awards'';
       (2) by striking paragraphs (2), (7), and (8);
       (3) by redesignating paragraphs (3), (4), (5), and (6) as 
     paragraphs (2), (3), (4), and (5), respectively;
       (4) by adding at the end the following:
       ``(6) Definitions.--In this subsection--
       ``(A) the term `commercialization development program' 
     means a program established by a covered Federal agency under 
     paragraph (1); and
       ``(B) the term `covered Federal agency'--
       ``(i) means a Federal agency participating in the SBIR 
     program or the STTR program; and
       ``(ii) does not include the Department of Defense.''; and

[[Page S3306]]

       (5) by striking ``pilot program'' each place it appears and 
     inserting ``commercialization development program''.

     SEC. 6302. ENFORCEMENT OF NATIONAL SMALL BUSINESS GOAL FOR 
                   FEDERAL RESEARCH AND DEVELOPMENT.

       Section 9(h) of the Small Business Act (15 U.S.C. 638(h)) 
     is amended by inserting ``, which may not be less than 10 
     percent for fiscal year 2018, and each fiscal year 
     thereafter,'' after ``shall establish goals''.

     SEC. 6303. TRACKING RAPID INNOVATION FUND AWARDS IN ANNUAL 
                   CONGRESSIONAL REPORT.

       Section 9(b)(7) of the Small Business Act (15 U.S.C. 
     638(b)(7)) is amended--
       (1) in subparagraph (F), by striking ``and'' at the end;
       (2) in subparagraph (G), by adding ``and'' at the end; and
       (3) by adding at the end the following:
       ``(H) information regarding awards under the Rapid 
     Innovation Program under section 1073 of the Ike Skelton 
     National Defense Authorization Act for Fiscal Year 2011 
     (Public Law 111-383; 124 Stat. 4366; 10 U.S.C. 2359 note), 
     including--
       ``(i) the number and dollar amount of awards made under the 
     Rapid Innovation Program to business concerns receiving an 
     award under the SBIR program or the STTR program;
       ``(ii) the proportion of awards under the Rapid Innovation 
     Program made to business concerns receiving an award under 
     the SBIR program or the STTR program;
       ``(iii) the proportion of awards under the Rapid Innovation 
     Program made to small business concerns; and
       ``(iv) a projection of the effect on the number of awards 
     under the Rapid Innovation Program if amounts to carry out 
     the program were made available as a fixed allocation of the 
     amount appropriated to the Department of Defense for 
     research, development, test, and evaluation, excluding 
     amounts appropriated for the defense universities;''.

     SEC. 6304. INTELLECTUAL PROPERTY PROTECTION FOR TECHNOLOGY 
                   DEVELOPMENT.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended by adding at the end the following:
       ``(tt) Intellectual Property Protections.--
       ``(1) In general.--Subject to paragraph (2)(B), the cost of 
     seeking protection for intellectual property, including a 
     trademark, copyright, or patent, that was created through 
     work performed under an SBIR or STTR award is allowable as an 
     indirect cost under that award.
       ``(2) Clarification of patent costs.--
       ``(A) In general.--A Federal agency shall not directly or 
     indirectly inhibit, through the policies, directives, or 
     practices of the Federal agency, an otherwise eligible small 
     business concern performing under an SBIR or STTR award from 
     recovering patent costs incurred as requirements under that 
     award, including--
       ``(i) the costs of preparing--

       ``(I) invention disclosures;
       ``(II) reports; and
       ``(III) other documents;

       ``(ii) the costs for searching the art to the extent 
     necessary to make the invention disclosures;
       ``(iii) other costs in connection with the filing and 
     prosecution of a United States patent application where title 
     or royalty-free license is to be conveyed to the Federal 
     Government; and
       ``(iv) general counseling services relating to patent 
     matters, including advice on patent laws, regulations, 
     clauses, and employee agreements.
       ``(B) Recovery limitations.--After consultation with 
     contracting or auditing authorities, the patent costs 
     described in subparagraph (A) shall be allowable for 
     technology developed under a--
       ``(i) Phase I award, as indirect costs in an amount not 
     greater than $5,000;
       ``(ii) Phase II award, as indirect costs in an amount not 
     greater than $15,000; and
       ``(iii) Phase III award in which the Federal Government has 
     government purpose rights (as defined in section 227.7103-5 
     of title 48, Code of Federal Regulations).''.

     SEC. 6305. ANNUAL GAO AUDIT OF COMPLIANCE WITH 
                   COMMERCIALIZATION GOALS.

       Section 9(nn) of the Small Business Act (15 U.S.C. 638(nn)) 
     is amended to read as follows:
       ``(nn) Annual GAO Report on Government Compliance With 
     Goals, Incentives, and Phase III Preference.--Not later than 
     1 year after the date of enactment of the SBIR and STTR 
     Reauthorization and Improvement Act of 2016, and every year 
     thereafter until the date that is 5 years after the date of 
     enactment of the SBIR and STTR Reauthorization and 
     Improvement Act of 2016, the Comptroller General of the 
     United States shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report that--
       ``(1) discusses the status of the compliance of Federal 
     agencies with the requirements or authorities established 
     under--
       ``(A) subsection (h), relating to the establishment by 
     certain Federal agencies of a goal for funding agreements for 
     research and research and development with small business 
     concerns;
       ``(B) subsection (y)(5)(A), relating to the requirement for 
     the Department of Defense to establish goals for the 
     transition of Phase III technologies in subcontracting plans;
       ``(C) subsection (y)(5)(B), relating to the requirement for 
     the Department of Defense to establish procedures for a prime 
     contractor to report the number and dollar amount of 
     contracts with small business concerns for Phase III SBIR 
     projects or STTR projects of the prime contractor; and
       ``(D) subsection (y)(6), relating to the requirement for 
     the Department of Defense to set a goal to increase the 
     number of Phase II SBIR and STTR contracts that transition 
     into programs of record or fielded systems;
       ``(2) includes, for a Federal agency that is in compliance 
     with a requirement described under paragraph (1), a 
     description of how the Federal agency achieved compliance; 
     and
       ``(3) includes a list, organized by Federal agency, of 
     small business concerns that have asserted that--
       ``(A) the Government or prime contractor--
       ``(i) did not protect the intellectual property of the 
     small business concern in accordance with data rights under 
     the SBIR or STTR award; or
       ``(ii) issued a Phase III SBIR or STTR award conditional on 
     relinquishing data rights;
       ``(B) the Federal agency solicited bids for a contract, or 
     provided funding to an entity other than the small business 
     concern receiving the SBIR or STTR award, that was for work 
     that derived from, extended, or completed efforts made under 
     prior funding agreements under the SBIR program or STTR 
     program;
       ``(C) the Government or prime contractor did not comply 
     with the SBIR and STTR policy directives and the small 
     business concern filed a comment or complaint to the Office 
     of the National Ombudsman or appealed to the Administrator 
     for intervention; or
       ``(D) the Federal agency did not comply with subsection 
     (g)(12) or (o)(16) requiring timely notice to the 
     Administrator of any case or controversy before any Federal 
     judicial or administrative tribunal concerning the SBIR 
     program or the STTR program of the Federal agency.''.

     SEC. 6306. CLARIFYING THE PHASE III PREFERENCE.

       Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) 
     is amended--
       (1) by striking paragraph (4);
       (2) by redesignating paragraph (2) as paragraph (4), and 
     transferring such paragraph to after paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Phase iii award direction for agencies and prime 
     contractors.--To the greatest extent practicable, Federal 
     agencies and Federal prime contractors shall issue Phase III 
     awards relating to technology, including sole source awards 
     and awards under the Defense Research and Development Rapid 
     Innovation Program under section 1073 of the Ike Skelton 
     National Defense Authorization Act for Fiscal Year 2011 
     (Public Law 111-383; 124 Stat. 4366; 10 U.S.C. 2359 note), to 
     the SBIR and STTR award recipients that developed the 
     technology.''.

     SEC. 6307. IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE.

       Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) 
     is amended--
       (1) in the subsection heading, by inserting ``and 
     Business'' after ``Technical'';
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``a vendor selected under paragraph (2)'' 
     and inserting ``1 or more vendors selected under paragraph 
     (2)(A)'';
       (ii) by inserting ``and business'' before ``assistance 
     services''; and
       (iii) by inserting ``assistance with product sales, 
     intellectual property protections, market research, market 
     validation, and development of regulatory plans and 
     manufacturing plans,'' after ``technologies,''; and
       (B) in subparagraph (D), by inserting ``, including 
     intellectual property protections'' before the period at the 
     end;
       (3) in paragraph (2)--
       (A) by striking ``Each agency may select a vendor to assist 
     small business concerns to meet'' and inserting the 
     following:
       ``(A) In general.--Each agency may select 1 or more vendors 
     from which small business concerns may obtain assistance in 
     meeting''; and
       (B) by adding at the end the following:
       ``(B) Selection by small business concern.--A small 
     business concern may, by contract or otherwise, select 1 or 
     more vendors to assist the small business concern in meeting 
     the goals listed in paragraph (1).''; and
       (4) in paragraph (3)--
       (A) by inserting ``(A)'' after ``paragraph (2)'' each place 
     it appears;
       (B) in subparagraph (A), by striking ``$5,000 per year'' 
     each place it appears and inserting ``$6,500 per project'';
       (C) in subparagraph (B)--
       (i) by striking ``$5,000 per year'' each place it appears 
     and inserting ``$35,000 per project''; and
       (ii) in clause (ii), by striking ``which shall be in 
     addition to the amount of the recipient's award'' and 
     inserting ``which may, as determined appropriate by the head 
     of the Federal agency, be included as part of the recipient's 
     award or be in addition to the amount of the recipient's 
     award'';
       (D) in subparagraph (C)--
       (i) by inserting ``or business'' after ``technical'';
       (ii) by striking ``the vendor'' and inserting ``a vendor''; 
     and

[[Page S3307]]

       (iii) by adding at the end the following: ``Business-
     related services aimed at improving the commercialization 
     success of a small business concern may be obtained from an 
     entity, such as a public or private organization or an agency 
     of or other entity established or funded by a State that 
     facilitates or accelerates the commercialization of 
     technologies or assists in the creation and growth of private 
     enterprises that are commercializing technology.'';
       (E) in subparagraph (D)--
       (i) by inserting ``or business'' after ``technical'' each 
     place it appears; and
       (ii) in clause (i)--

       (I) by striking ``the vendor'' and inserting ``1 or more 
     vendors''; and
       (II) by striking ``provides'' and inserting ``provide''; 
     and

       (F) by adding at the end the following:
       ``(E) Multiple award recipients.--The Administrator shall 
     establish a limit on the amount of technical and business 
     assistance services that may be received or purchased under 
     subparagraph (B) by small business concerns with respect to 
     multiple Phase II SBIR or STTR awards for a fiscal year.''.

            TITLE LXIV--PROGRAM DIVERSIFICATION INITIATIVES

     SEC. 6401. REGIONAL SBIR STATE COLLABORATIVE INITIATIVE PILOT 
                   PROGRAM.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended--
       (1) in subsection (mm)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``2017'' and inserting ``2021'';
       (ii) in subparagraph (I), by striking ``and'' at the end;
       (iii) in subparagraph (J), by striking the period and 
     inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(K) funding for improvements that increase commonality 
     across data systems, reduce redundancy, and improve data 
     oversight and accuracy.''; and
       (B) by adding at the end the following:
       ``(7) SBIR and sttr programs; fast program.--
       ``(A) Definition.--In this paragraph, the term `covered 
     Federal agency' means a Federal agency that--
       ``(i) is required to conduct an SBIR program; and
       ``(ii) elects to use the funds allocated to the SBIR 
     program of the Federal agency for the purposes described in 
     paragraph (1).
       ``(B) Requirement.--Each covered Federal agency shall 
     transfer an amount equal to 15 percent of the funds that are 
     used for the purposes described in paragraph (1) to the 
     Administration--
       ``(i) for the Regional SBIR State Collaborative Initiative 
     Pilot Program established under subsection (uu);
       ``(ii) for the Federal and State Technology Partnership 
     Program established under section 34; and
       ``(iii) to support the Office of the Administration that 
     administers the SBIR program and the STTR program, subject to 
     agreement from other agencies about how the funds will be 
     used, in carrying out those programs and the programs 
     described in clauses (i) and (ii).
       ``(8) Pilot program.--
       ``(A) In general.--Of amounts provided to the 
     Administration under paragraph (7), not less than $5,000,000 
     shall be used to provide awards under the Regional SBIR State 
     Collaborative Initiative Pilot Program established under 
     subsection (uu) for each fiscal year in which the program is 
     in effect.
       ``(B) Disbursement flexibility.--The Administration may use 
     any unused funds made available under subparagraph (A) as of 
     April 1 of each fiscal year for awards to carry out clauses 
     (ii) and (iii) of paragraph (7)(B) after providing written 
     notice to--
       ``(i) the Committee on Small Business and Entrepreneurship 
     and the Committee on Appropriations of the Senate; and
       ``(ii) the Committee on Small Business and the Committee on 
     Appropriations of the House of Representatives.''; and
       (2) by adding after subsection (tt), as added by section 
     6304 of this Act, the following:
       ``(uu) Regional SBIR State Collaborative Initiative Pilot 
     Program.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `eligible entity' means--
       ``(i) a research institution; and
       ``(ii) a small business concern;
       ``(B) the term `eligible State' means--
       ``(i) a State that the Administrator determines is in the 
     bottom half of States, based on the average number of annual 
     SBIR program awards made to companies in the State for the 
     preceding 3 years for which the Administration has applicable 
     data; and
       ``(ii) an EPSCoR State that--

       ``(I) is a State described in clause (i); or
       ``(II) is--

       ``(aa) not a State described in clause (i); and
       ``(bb) invited to participate in a regional collaborative;
       ``(C) the term `EPSCoR State' means a State that 
     participates in the Experimental Program to Stimulate 
     Competitive Research of the National Science Foundation, as 
     established under section 113 of the National Science 
     Foundation Authorization Act of 1988 (42 U.S.C. 1862g);
       ``(D) the term `FAST program' means the Federal and State 
     Technology Partnership Program established under section 34;
       ``(E) the term `pilot program' means the Regional SBIR 
     State Collaborative Initiative Pilot Program established 
     under paragraph (2);
       ``(F) the term `regional collaborative' means a 
     collaborative consisting of eligible entities that are 
     located in not less than 3 eligible States; and
       ``(G) the term `State' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and any territory or possession of the United States.
       ``(2) Establishment.--The Administrator shall establish a 
     pilot program, to be known as the Regional SBIR State 
     Collaborative Initiative Pilot Program, under which the 
     Administrator shall provide awards to regional collaboratives 
     to address the needs of small business concerns in order to 
     be more competitive in the proposal and selection process for 
     awards under the SBIR program and the STTR program and to 
     increase technology transfer and commercialization.
       ``(3) Goals.--The goals of the pilot program are--
       ``(A) to create regional collaboratives that allow eligible 
     entities to work cooperatively to leverage resources to 
     address the needs of small business concerns;
       ``(B) to grow SBIR program and STTR program cooperative 
     research and development and commercialization through 
     increased awards under those programs;
       ``(C) to increase the participation of States that have 
     historically received a lower level of awards under the SBIR 
     program and the STTR program;
       ``(D) to utilize the strengths and advantages of regional 
     collaboratives to better leverage resources, best practices, 
     and economies of scale in a region for the purpose of 
     increasing awards and increasing the commercialization of the 
     SBIR program and STTR projects;
       ``(E) to increase the competitiveness of the SBIR program 
     and the STTR program;
       ``(F) to identify sources of outside funding for applicants 
     for an award under the SBIR program or the STTR program, 
     including venture capitalists, angel investor groups, private 
     industry, crowd funding, and special loan programs; and
       ``(G) to offer increased one-on-one engagements with 
     companies and entrepreneurs for SBIR program and STTR program 
     education, assistance, and successful outcomes.
       ``(4) Application.--
       ``(A) In general.--A regional collaborative that desires to 
     participate in the pilot program shall submit to the 
     Administrator an application at such time, in such manner, 
     and containing such information as the Administrator may 
     require.
       ``(B) Inclusion of lead eligible entities and 
     coordinator.--A regional collaborative shall include in an 
     application submitted under subparagraph (A)--
       ``(i) the name of each lead eligible entity from each 
     eligible State in the regional collaborative, as designated 
     under paragraph (5)(A); and
       ``(ii) the name of the coordinator for the regional 
     collaborative, as designated under paragraph (6).
       ``(C) Avoidance of duplication.--A regional collaborative 
     shall include in an application submitted under subparagraph 
     (A) an explanation as to how the activities of the regional 
     collaborative under the pilot program would differ from other 
     State and Federal outreach activities in each eligible State 
     in the regional collaborative.
       ``(5) Lead eligible entity.--
       ``(A) In general.--Each eligible State in a regional 
     collaborative shall designate 1 eligible entity located in 
     the eligible State to serve as the lead eligible entity for 
     the eligible State.
       ``(B) Authorization by governor.--Each lead eligible entity 
     designated under subparagraph (A) shall be authorized to act 
     as the lead eligible entity by the Governor of the applicable 
     eligible State.
       ``(C) Responsibilities.--Each lead eligible entity 
     designated under subparagraph (A) shall be responsible for 
     administering the activities and program initiatives 
     described in paragraph (7) in the applicable eligible State.
       ``(6) Regional collaborative coordinator.--Each regional 
     collaborative shall designate a coordinator from amongst the 
     eligible entities located in the eligible States in the 
     regional collaborative, who shall serve as the interface 
     between the regional collaborative and the Administration 
     with respect to measuring cross-State collaboration and 
     program effectiveness and documenting best practices.
       ``(7) Use of funds.--Each regional collaborative that is 
     provided an award under the pilot program may, in each 
     eligible State in which an eligible entity of the regional 
     collaborative is located--
       ``(A) establish an initiative under which first-time 
     applicants for an award under the SBIR program or the STTR 
     program are reviewed by experienced, national experts in the 
     United States, as determined by the lead eligible entity 
     designated under paragraph (5)(A);
       ``(B) engage national mentors on a frequent basis to work 
     directly with applicants for an award under the SBIR program 
     or the STTR program, particularly during Phase II, to assist 
     with the process of preparing and submitting a proposal;
       ``(C) create and make available an online mechanism to 
     serve as a resource for applicants for an award under the 
     SBIR program or the STTR program to identify and connect with 
     Federal labs, prime government contractor companies, other 
     industry partners, and regional industry cluster 
     organizations;

[[Page S3308]]

       ``(D) conduct focused and concentrated outreach efforts to 
     increase participation in the SBIR program and the STTR 
     program by small business concerns owned and controlled by 
     women, small business concerns owned and controlled by 
     veterans, small business concerns owned and controlled by 
     socially and economically disadvantaged individuals (as 
     defined in section 8(d)(3)(C)), and historically black 
     colleges and universities;
       ``(E) administer a structured program of training and 
     technical assistance--
       ``(i) to prepare applicants for an award under the SBIR 
     program or the STTR program--

       ``(I) to compete more effectively for Phase I and Phase II 
     awards; and
       ``(II) to develop and implement a successful 
     commercialization plan;

       ``(ii) to assist eligible States focusing on transition and 
     commercialization to win Phase III awards from public and 
     private partners;
       ``(iii) to create more competitive proposals to increase 
     awards from all Federal sources, with a focus on awards under 
     the SBIR program and the STTR program; and
       ``(iv) to assist first-time applicants by providing small 
     grants for proof of concept research; and
       ``(F) assist applicants for an award under the SBIR program 
     or the STTR program to identify sources of outside funding, 
     including venture capitalists, angel investor groups, private 
     industry, crowd funding, and special loan programs.
       ``(8) Award amount.--
       ``(A) In general.--The Administrator shall provide an award 
     to each eligible State in which an eligible entity of a 
     regional collaborative is located in an amount that is not 
     more than $300,000 to carry out the activities described in 
     paragraph (7).
       ``(B) Limitation.--
       ``(i) In general.--An eligible State may not receive an 
     award under both the FAST program and the pilot program for 
     the same year.
       ``(ii) Rule of construction.--Nothing in clause (i) shall 
     be construed to prevent an eligible State from applying for 
     an award under the FAST program and the pilot program for the 
     same year.
       ``(9) Duration of award.--An award provided under the pilot 
     program shall be for a period of not more than 1 year, and 
     may be renewed by the Administrator for 1 additional year.
       ``(10) Termination.--The pilot program shall terminate on 
     September 30, 2021.
       ``(11) Report.--Not later than February 1, 2021, the 
     Administrator shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report on the 
     pilot program, which shall include--
       ``(A) an assessment of the pilot program and the 
     effectiveness of the pilot program in meeting the goals 
     described in paragraph (3);
       ``(B) an assessment of the best practices, including an 
     analysis of how the pilot program compares to the FAST 
     program and a single-State approach; and
       ``(C) recommendations as to whether any aspect of the pilot 
     program should be extended or made permanent.''.

     SEC. 6402. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.

       Section 34 of the Small Business Act (15 U.S.C. 657d) is 
     amended--
       (1) in subsection (h)--
       (A) in paragraph (1), by striking ``2001 through 2005'' and 
     inserting ``2017 through 2021''; and
       (B) in paragraph (2), by striking ``fiscal years 2001 
     through 2005'' and inserting ``each of fiscal years 2017 
     through 2021''; and
       (2) in subsection (i), by striking ``September 30, 2005'' 
     and inserting ``September 30, 2021''.

          TITLE LXV--OVERSIGHT AND SIMPLIFICATION INITIATIVES

     SEC. 6501. DATA MODERNIZATION SUMMIT.

       (a) Definitions.--In this section--
       (1) the term ``Administration'' means the Small Business 
     Administration;
       (2) the term ``Committee'' means the SBIR and STTR 
     Interagency Policy Committee established under subsection 
     (b);
       (3) the terms ``Federal agency'', ``SBIR'', and ``STTR'' 
     have the meanings given such terms under section 9(e) of the 
     Small Business Act (15 U.S.C. 638(e));
       (4) the term ``participating Federal agency'' means a 
     Federal agency with an SBIR program or an STTR program;
       (5) the term ``phase'' means Phase I, Phase II, and Phase 
     III, as those terms are defined under section 9(e) of the 
     Small Business Act (15 U.S.C. 638(e)); and
       (6) the term ``small business concern'' has the meaning 
     given that term under section 3 of the Small Business Act (15 
     U.S.C. 632).
       (b) Establishment.--There is established an interagency 
     committee to be known as the ``SBIR and STTR Interagency 
     Policy Committee''.
       (c) Membership.--The Committee shall include--
       (1) 2 representatives from each participating Federal 
     agency, of which--
       (A) 1 shall have expertise with respect to the SBIR program 
     and STTR program of the Federal agency; and
       (B) 1 shall have expertise with respect to the information 
     technology systems of the Federal agency; and
       (2) 2 representatives from the Administration, of which--
       (A) 1 shall serve as chairperson of the Committee; and
       (B) 1 shall be from the Information Technology Development 
     Team of the Office of Investment and Innovation of the 
     Administration.
       (d) Duties.--The Committee shall review the recommendations 
     made in the report to Congress by the Office of Science and 
     Technology of the Administration entitled ``SBIR/STTR TechNet 
     Public & Government Databases'', dated September 15, 2014, 
     and the practices of participating Federal agencies to--
       (1) determine how to collect data on achievements by small 
     business concerns in each phase of the SBIR program and the 
     STTR program and ensure collection and dissemination of such 
     data in a timely, efficient, and uniform manner;
       (2) establish a uniform baseline for metrics that support 
     improving the solicitation, contracting, funding, and 
     execution of program management in the SBIR program and the 
     STTR program;
       (3) normalize formatting and database usage across 
     participating Federal agencies; and
       (4) determine the feasibility of developing a common system 
     across all participating Federal agencies and the paperwork 
     requirements under such a common system.
       (e) Implementation.--Not later than September 31, 2018, the 
     Committee shall brief the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives on the solutions 
     identified by the Committee under subsection (d) and 
     resources needed to execute the solutions.

     SEC. 6502. IMPLEMENTATION OF OUTSTANDING REAUTHORIZATION 
                   PROVISIONS.

       (a) In General.--Section 9(mm) of the Small Business Act 
     (15 U.S.C. 638(mm)), as amended by section 6401(1) of this 
     Act, is amended--
       (1) in paragraph (1), by striking ``paragraph (3)'' and 
     inserting ``paragraphs (3) and (9)''; and
       (2) by adding at the end the following:
       ``(9) Suspension of funding.--
       ``(A) For federal agencies.--
       ``(i) In general.--For fiscal years 2018 and 2019, any 
     Federal agency that has not implemented each provision of law 
     described in clause (ii)--

       ``(I) shall continue to provide amounts to the 
     Administration in accordance with paragraph (7)(B); and
       ``(II) may not use any additional amounts as described in 
     paragraph (1) until 30 days after the date on which the 
     Federal agency submits to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives documentation 
     demonstrating that the Federal agency has implemented and is 
     in compliance with each provision of law described in clause 
     (ii).

       ``(ii) Provisions.--The provisions of law described in this 
     subparagraph are the following:

       ``(I) Subsection (r)(4), relating to Phase III preferences.
       ``(II) Paragraphs (5) and (6) of subsection (y), relating 
     to insertion goals.
       ``(III) Subsection (g)(4)(B), relating to shortening the 
     decision time for SBIR awards.
       ``(IV) Subsection (o)(4)(B), relating to shortening the 
     decision time for STTR awards.
       ``(V) Subsection (v), relating to reducing paperwork and 
     compliance burdens.

       ``(B) For administration.--For fiscal years 2018 and 2019, 
     if the Administration is not in compliance with subsection 
     (b)(7), relating to annual reports to Congress, the 
     Administration may not use amounts received under paragraph 
     (7)(B) of this subsection for a purpose described in clause 
     (iii) of such paragraph (7)(B).''.
       (b) Clarification of Reporting Requirement.--Section 
     9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7)) is 
     amended in the matter preceding subparagraph (A), by striking 
     ``not less than annually'' and inserting ``not later than 
     December 31 of each year''.

     SEC. 6503. STRENGTHENING OF THE REQUIREMENT TO SHORTEN THE 
                   APPLICATION REVIEW AND DECISION TIME.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended--
       (1) in subsection (g)(4), by striking subparagraph (B) and 
     inserting the following:
       ``(B) make a final decision on each proposal submitted 
     under the SBIR program--
       ``(i) for the Department of Health and Human Services, not 
     later than 1 year after the date on which the applicable 
     solicitation closes, with a goal to reduce the review and 
     decision time to less than 10 months by September 30, 2019;
       ``(ii) for the Department of Agriculture and the National 
     Science Foundation, not later than 6 months after the date on 
     which the applicable solicitation closes; or
       ``(iii) for any other Federal agency--
       ``(I) not later than 90 days after the date on which the 
     applicable solicitation closes; or
       ``(II) if the Administrator authorizes an extension with 
     respect to a solicitation, not later than 90 days after the 
     date that would otherwise be applicable to the Federal agency 
     under subclause (I);''; and
       (2) in subsection (o)(4), by striking subparagraph (B) and 
     inserting the following:

[[Page S3309]]

       ``(B) make a final decision on each proposal submitted 
     under the STTR program--
       ``(i) for the Department of Health and Human Services, not 
     later than 1 year after the date on which the applicable 
     solicitation closes, with a goal to reduce the review and 
     decision time to less than 10 months by September 30, 2019;
       ``(ii) for the Department of Agriculture and the National 
     Science Foundation, not later than 6 months after the date on 
     which the applicable solicitation closes; or
       ``(iii) for any other Federal agency--
       ``(I) not later than 90 days after the date on which the 
     applicable solicitation closes; or
       ``(II) if the Administrator authorizes an extension with 
     respect to a solicitation, not later than 90 days after the 
     date that would otherwise be applicable to the Federal agency 
     under subclause (I);''.

     SEC. 6504. CONTINUED GAO OVERSIGHT OF ALLOCATION COMPLIANCE 
                   AND ACCURACY IN FUNDING BASE CALCULATIONS.

       Section 5136(a) of the National Defense Authorization Act 
     for Fiscal Year 2012 (15 U.S.C. 638 note) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``until the date that is 5 years after the date of enactment 
     of this Act'' and insert ``until the date on which the 
     Comptroller General of the United States submits the report 
     relating to fiscal year 2019'';
       (2) in paragraph (1), by striking subparagraph (C) and 
     inserting the following:
       ``(C) assess whether the change in the base funding for the 
     Department of Defense as required by subparagraphs (J) and 
     (K) of section 9(f)(1) of the Small Business Act (15 U.S.C. 
     638(f)(1))--
       ``(i) improves transparency for determining whether the 
     Department is complying with the allocation requirements;
       ``(ii) reduces the burden of calculating the allocations; 
     and
       ``(iii) improves the compliance of the Department with the 
     allocation requirements; and''; and
       (3) in paragraph (2) by striking ``under subparagraph (B)'' 
     and inserting ``under subparagraphs (B) and (C)''.

           TITLE LXVI--PARTICIPATION BY WOMEN AND MINORITIES

     SEC. 6601. SBA COORDINATION ON INCREASING OUTREACH FOR WOMEN 
                   AND MINORITY-OWNED BUSINESSES.

       Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) 
     is amended--
       (1) in paragraph (8), by striking ``and'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(10) to coordinate with participating agencies on efforts 
     to increase outreach and awards under each of the SBIR and 
     STTR programs to small business concerns owned and controlled 
     by women and socially and economically disadvantaged small 
     business concerns, as defined in section 8(a)(4).''.

     SEC. 6602. FEDERAL AGENCY OUTREACH REQUIREMENTS FOR WOMEN AND 
                   MINORITY-OWNED BUSINESSES.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended--
       (1) in subsection (g)--
       (A) in paragraph (11), by striking ``and'' at the end;
       (B) in paragraph (12), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(13) implement an outreach program to small business 
     concerns for the purpose of enhancing its SBIR program, under 
     which the Federal agency shall--
       ``(A) provide outreach to small business concerns owned and 
     controlled by women and socially and economically 
     disadvantaged small business concerns, as defined in section 
     8(a)(4); and
       ``(B) establish goals for outreach by the Federal agency to 
     the small business concerns described in subparagraph (A).''; 
     and
       (2) in subsection (o)(14), by striking ``SBIR program;'' 
     and inserting ``SBIR program, under which the Federal agency 
     shall--
       ``(A) provide outreach to small business concerns owned and 
     controlled by women and socially and economically 
     disadvantaged small business concerns, as defined in section 
     8(a)(4); and
       ``(B) establish goals for outreach by the Federal agency to 
     the small business concerns described in subparagraph (A).''.

     SEC. 6603. STTR POLICY DIRECTIVE MODIFICATION.

       Section 9(p) of the Small Business Act (15 U.S.C. 638(p)) 
     is amended by adding at the end the following:
       ``(4) Additional modifications.--Not later than 120 days 
     after the date of enactment of this paragraph, the 
     Administrator shall modify the policy directive issued 
     pursuant to this subsection to provide for enhanced outreach 
     efforts to increase the participation of small business 
     concerns owned and controlled by women and socially and 
     economically disadvantaged small business concerns, as 
     defined in section 8(a)(4), in technological innovation and 
     in STTR programs.''.

     SEC. 6604. INTERAGENCY SBIR/STTR POLICY COMMITTEE.

       Section 5124 of the SBIR/STTR Reauthorization Act of 2011 
     (Public Law 112-81; 125 Stat. 1837) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Meetings.--
       ``(1) In general.--The Interagency SBIR/STTR Policy 
     Committee shall meet not less than twice per year to carry 
     out the duties under subsection (c).
       ``(2) Outreach and technical assistance activities.--If the 
     Interagency SBIR/STTR Policy Committee meets to discuss 
     outreach and technical assistance activities to increase the 
     participation of small business concerns that are 
     underrepresented in the SBIR and STTR programs, the Committee 
     shall invite to the meeting--
       ``(A) a representative of the Minority Business Development 
     Agency; and
       ``(B) relevant stakeholders that work to advance the 
     interests of--
       ``(i) small business concerns owned and controlled by 
     women, as defined in section 3 of the Small Business Act (15 
     U.S.C. 632); and
       ``(ii) socially and economically disadvantaged small 
     business concerns, as defined in section 8(a)(4) of the Small 
     Business Act (15 U.S.C. 637(a)(4)).''.

     SEC. 6605. DIVERSITY AND STEM WORKFORCE DEVELOPMENT PILOT 
                   PROGRAM.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration;
       (2) the term ``covered STEM intern'' means a student at, or 
     recent graduate from, an institution of higher education 
     serving as an intern--
       (A) whose course of study studied is focused on the STEM 
     fields; and
       (B) who is a woman or a person from an underrepresented 
     population in the STEM fields;
       (3) the term ``eligible entity'' means a small business 
     concern that--
       (A) is receiving amounts under an award under the SBIR 
     program or the STTR program of a Federal agency on the date 
     on which the Federal agency awards a grant to the small 
     business concern under subsection (b); and
       (B) provides internships for covered STEM interns;
       (4) the terms ``Federal agency'', ``SBIR'', and ``STTR'' 
     have the meanings given those terms under section 9(e) of the 
     Small Business Act (15 U.S.C. 638(e));
       (5) the term ``institution of higher education'' has the 
     meaning given the term under section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a));
       (6) the term ``person from an underrepresented population 
     in the STEM fields'' means a person from a group that is 
     underrepresented in the population of STEM students, as 
     determined by the Administrator;
       (7) the term ``pilot program'' means the Diversity and STEM 
     Workforce Development Pilot Program established under 
     subsection (b);
       (8) the term ``recent graduate'', relating to a woman or a 
     person from an underrepresented population in the STEM 
     fields, means that the woman or person from an 
     underrepresented population in the STEM fields earned an 
     associate degree, baccalaureate degree, or postbaccalaureate 
     from an institution of higher education during the 1-year 
     period beginning on the date of the internship;
       (9) the term ``small business concern'' has the meaning 
     given the term under section 3 of the Small Business Act (15 
     U.S.C. 632); and
       (10) the term ``STEM fields'' means the fields of science, 
     technology, engineering, and math.
       (b) Pilot Program for Internships for Women and People From 
     Underrepresented Populations.--The Administrator shall 
     establish a Diversity and STEM Workforce Development Pilot 
     Program to encourage the business community to provide 
     workforce development opportunities for covered STEM interns, 
     under which a Federal agency participating in the SBIR 
     program or STTR program may make a grant to 1 or more 
     eligible entities for the costs of internships for covered 
     STEM interns.
       (c) Amount and Use of Grants.--
       (1) Amount.--A grant under subsection (b)--
       (A) may not be in an amount of more than $15,000 per fiscal 
     year; and
       (B) shall be in addition to the amount of the award to the 
     recipient under the SBIR program or the STTR program.
       (2) Use.--Not less than 90 percent of the amount of a grant 
     under subsection (b) shall be used by the eligible entity to 
     provide stipends or other similar payments to interns.
       (d) Evaluation.--Not later than January 31 of the first 
     calendar year after the third fiscal year during which the 
     Administrator carries out the pilot program, the 
     Administrator shall submit to Congress--
       (1) data on the results of the pilot program, such as the 
     number and demographics of the covered STEM interns 
     participating in an internship funded under the pilot program 
     and the amount spent on such internships; and
       (2) an assessment of whether the pilot program helped the 
     SBIR program and STTR program achieve the congressional 
     objective of fostering and encouraging the participation of 
     women and persons from underrepresented populations in the 
     STEM fields.
       (e) Termination.--The pilot program shall terminate after 
     the end of the fourth fiscal year during which the 
     Administrator carries out the pilot program.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the pilot program.

[[Page S3310]]

  


                     TITLE LXVII--TECHNICAL CHANGES

     SEC. 6701. UNIFORM REFERENCE TO THE DEPARTMENT OF HEALTH AND 
                   HUMAN SERVICES.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended--
       (1) in subsection (cc), by striking ``National Institutes 
     of Health'' and inserting ``Department of Health and Human 
     Services''; and
       (2) in subsection (dd)(1)(A), by striking ``Director of the 
     National Institutes of Health'' and inserting ``Secretary of 
     Health and Human Services''.

     SEC. 6702. FLEXIBILITY FOR PHASE II AWARD INVITATIONS.

       Section 9(e)(4)(B) of the Small Business Act (15 U.S.C. 
     638(e)(4)(B)) is amended in the matter preceding clause (i)--
       (1) by striking ``, which shall not include any invitation, 
     pre-screening, or pre-selection process for eligibility for 
     Phase II,''; and
       (2) by inserting ``in which eligibility for an award shall 
     not be based only on an invitation, pre-screening, or pre-
     selection process and'' before ``in which awards''.
                                 ______
                                 
  SA 4254. Mr. WYDEN (for himself, Mr. Paul, and Mr. Merkley) submitted 
an amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1097. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINITION OF 
                   MARIHUANA.

       (a) In General.--Section 102 of the Controlled Substances 
     Act (21 U.S.C. 802) is amended--
       (1) in paragraph (16)--
       (A) by striking ``(16) The'' and inserting ``(16)(A) The''; 
     and
       (B) by adding at the end the following:
       ``(B) The term `marihuana' does not include industrial 
     hemp.''; and
       (2) by adding at the end the following:
       ``(57) The term `industrial hemp' means the plant Cannabis 
     sativa L. and any part of such plant, whether growing or not, 
     with a delta-9 tetrahydrocannabinol concentration of not more 
     than 0.3 percent on a dry weight basis.''.
       (b) Industrial Hemp Determination by States.--Section 201 
     of the Controlled Substances Act (21 U.S.C. 811) is amended 
     by adding at the end the following:
       ``(k) Industrial Hemp Determination.--If a person grows or 
     processes Cannabis sativa L. for purposes of making 
     industrial hemp in accordance with State law, the Cannabis 
     sativa L. shall be deemed to meet the concentration 
     limitation under section 102(57), unless the Attorney General 
     determines that the State law is not reasonably calculated to 
     comply with section 102(57).''.
                                 ______
                                 
  SA 4255. Mr. REID (for Mr. Blumenthal (for himself, Mrs. Murray, Mr. 
Franken, Mrs. Gillibrand, Mr. Brown, Mr. Sanders, Mr. Leahy, Ms. 
Baldwin, Mr. Merkley, Mr. Reed, and Mrs. Boxer)) submitted an amendment 
intended to be proposed by Mr. Reid to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 829H.
                                 ______
                                 
  SA 4256. Mr. REID (for Mr. Blumenthal) submitted an amendment 
intended to be proposed by Mr. Reid to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1097. PARTICIPATION OF VETERANS IN TRANSITION ASSISTANCE 
                   PROGRAM OF DEPARTMENT OF DEFENSE.

       (a) In General.--The Secretary of Veterans Affairs and the 
     Secretary of Defense shall enter into a memorandum of 
     understanding under which a veteran, during the one-year 
     period beginning on the date on which the veteran is 
     discharged or separates from service in the Armed Forces, may 
     participate in the Transition Assistance Program (TAP) of the 
     Department of Defense.
       (b) Counseling at Military Installations.--As part of their 
     participation in the Transition Assistance Program under 
     subsection (a), veterans may receive transition assistance 
     counseling under the program at any military installation at 
     which transition assistance counseling is being provided to 
     members of the Armed Forces under the program.
       (c) Veteran Defined.--In this section, the term ``veteran'' 
     has the meaning given that term in section 101 of title 38, 
     United States Code.
                                 ______
                                 
  SA 4257. Mr. HELLER (for himself and Mr. Casey) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 740. IMPLEMENTATION OF RECOMMENDATIONS REGARDING 
                   INTEROPERABLE ELECTRONIC HEALTH RECORD BETWEEN 
                   THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) In General.--Not later than September 30, 2017, the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall implement all recommendations set forth by the 
     Comptroller General of the United States before the date of 
     the enactment of this Act regarding the achievement of an 
     interoperable electronic health record between the Department 
     of Defense and the Department of Veterans Affairs.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly submit to 
     Congress a report on the progress of the Secretary of Defense 
     and the Secretary of Veterans Affairs in completing each 
     action relating to the achievement of an interoperable 
     electronic health record between the Department of Defense 
     and the Department of Veterans Affairs that the Comptroller 
     General determines has not been addressed.
                                 ______
                                 
  SA 4258. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. EXCEPTION FROM PUBLIC DISCLOSURE OF MANIFEST 
                   INFORMATION FOR THE SHIPMENT OF HOUSEHOLD GOODS 
                   OF MEMBERS OF THE UNIFORMED FORCES AND FEDERAL 
                   EMPLOYEES.

       Section 431(c)(2) of the Tariff Act of 1930 (19 U.S.C. 
     1431(c)(2)) is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon and ``or''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) the shipment consists of used household goods and 
     personal effects, including personally owned vehicles, which 
     are items that are for residential or professional use, are 
     not for commercial resale, and are owned by a private 
     individual who is--
       ``(i) an employee, as that term is defined in section 2105 
     of title 5, United States Code, who is shipping the goods and 
     effects as part of a transfer of the employee from one 
     official station to another for permanent duty or the spouse 
     or dependent, as that term is defined in section 8901 of such 
     title, of such employee; or
       ``(ii) a member of a uniformed service, as that term is 
     defined in section 101 of title 37, United States Code, who 
     is shipping the goods and effects as part of a permanent 
     change of station or a dependent, as that term is defined in 
     section 401 of such title, of such member.''.
                                 ______
                                 
  SA 4259. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title VIII, add the following:

     SEC. 899C. STRATEGIC SOURCING IMPROVEMENTS.

       (a) Definitions.--In this section--
       (1) the term ``Department'' means the Department of 
     Defense;
       (2) the term ``Secretary'' means the Secretary of Defense; 
     and
       (3) the term ``small business concern'' has the meaning 
     given that term under section 3 of the Small Business Act (15 
     U.S.C. 632).
       (b) Findings and Purposes.--
       (1) Findings.--Congress finds the following:
       (A) Congress supports efforts by agencies to achieve 
     efficiencies in the procurement of goods and services.
       (B) The Government Accountability Office has reported that 
     efficiencies and savings

[[Page S3311]]

     may be possible through the use of strategic sourcing, which 
     is a process that moves an organization away from numerous 
     individual procurements toward a broader, more aggregate 
     approach.
       (C) At the same time, Congress is concerned that strategic 
     sourcing could have a negative impact on some small business 
     concerns.
       (D) The Department has taken steps to consider this 
     potential impact, but the Government Accountability Office 
     has found that more could be done.
       (2) Purpose.--The purpose of this section is to require the 
     Department implement strategic sourcing in a manner 
     consistent with the recommendations of Government 
     Accountability Office, which are intended to maximize the 
     benefits derived through strategic sourcing while minimizing 
     any undue negative impacts on small business concerns.
       (c) Improving the Use of Strategic Sourcing.--Not later 
     than 180 days after the date of enactment of this Act--
       (1) the Secretary, acting through the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics, shall 
     establish performance measures for the inclusion of small 
     business concerns in Department-wide strategic sourcing 
     initiatives, including efforts being conducted through the 
     Federal Strategic Sourcing Initiative and the Category 
     Management Initiative;
       (2) the Secretary shall submit to the Director of the 
     Office of Management and Budget, the Committee on Armed 
     Services of the Senate, and the Committee on Armed Services 
     of the House of Representatives baseline data on, and 
     performance measures for, the participation of small business 
     concerns in strategic sourcing initiatives established by the 
     Department, which shall include participation as 
     subcontractors to the extent feasible and that data is 
     available; and
       (3) the Administrator for Federal Procurement Policy shall 
     begin monitoring the inclusion of small business concerns in 
     strategic sourcing initiatives by the Department, including 
     evaluating whether the Department is meeting the performance 
     measures described in paragraph (2).
                                 ______
                                 
  SA 4260. Mr. DAINES (for himself, Mr. McCain, Mr. Cardin, Mrs. Ernst, 
Ms. Mikulski, Mr. Blumenthal, Mr. Gardner, Mr. Bennet, and Mr. Warner) 
submitted an amendment intended to be proposed by him to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 926. ESTABLISHMENT OF A UNIFIED COMBATANT COMMAND FOR 
                   CYBER OPERATIONS FORCES.

       With the advice and assistance of the Chairman of the Joint 
     Chiefs of Staff, the President shall, through the Secretary 
     of Defense, establish a unified combatant command for cyber 
     operations forces. The principal function of the command is 
     to prepare cyber operations forces to carry out assigned 
     missions and to execute such missions when directed.
                                 ______
                                 
  SA 4261. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. ENROLLMENT OF CIVILIAN EMPLOYEES OF THE HOMELAND 
                   SECURITY INDUSTRY IN THE UNITED STATES AIR 
                   FORCE INSTITUTE OF TECHNOLOGY.

       (a) Enrollment Authorized.--Section 9314a of title 10, 
     United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``and homeland security industry 
     employees'' after ``defense industry employees'';
       (ii) by inserting ``or homeland security industry 
     employee'' after ``defense industry employee''; and
       (iii) by inserting ``or homeland security-focused'' after 
     ``defense-focused'';
       (B) in paragraph (2), by striking ``125 defense industry 
     employees'' and inserting ``an aggregate of 125 defense 
     industry employees and homeland security industry 
     employees''; and
       (C) in paragraph (3), by inserting ``or homeland security 
     industry employee'' after ``defense industry employee'' each 
     place it appears;
       (2) in subsection (c), by inserting ``and homeland security 
     industry employees'' after ``defense industry employees'' 
     each place it appears;
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) by inserting ``and homeland security industry 
     employees'' after ``defense industry employees''; and
       (ii) by inserting ``or homeland security'' after ``and 
     defense''; and
       (B) in paragraph (2), by inserting ``or the Department of 
     Homeland Security, as applicable'' after ``the Department of 
     Defense'';
       (4) in subsection (f), by inserting ``and homeland security 
     industry employees'' after ``defense industry employees''.
       (b) Homeland Security Industry Employees.--Subsection (b) 
     of such section is amended--
       (1) by inserting after the first sentence the following new 
     sentence: ``For purposes of this section, an eligible 
     homeland security industry employee is an individual employed 
     by a private firm in one of the critical infrastructure 
     sectors identified in Presidential Policy Directive 21 
     (Critical Infrastructure Security and Resilience).''; and
       (2) in the last sentence, by inserting ``or homeland 
     security industry employee'' after ``defense industry 
     employee''.
       (c) Conforming Amendments.--
       (1) Section heading amendment.--The heading of such section 
     is amended to read as follows:

     ``Sec. 9314a. United States Air Force Institute of 
       Technology: admission of defense industry civilians; 
       admission of homeland security industry civilians''.

       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 901 of such title is amended by striking 
     the item relating to section 9314a and inserting the 
     following new item:

``9314a. United States Air Force Institute of Technology: admission of 
              defense industry civilians; admission of homeland 
              security industry civilians.''.
                                 ______
                                 
  SA 4262. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 538. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED FORCES.

       (a) Additional Qualified Persons.--Paragraph (1) of 
     subsection (b) of section 504 of title 10, United States 
     Code, is amended--
       (1) by redesignating subparagraph (C) as subparagraph (E); 
     and
       (2) by inserting after subparagraph (B) the following new 
     subparagraphs:
       ``(C) A person who, at the time of enlistment in an armed 
     force, has resided continuously in a lawful status in the 
     United States for at least two years.
       ``(D) A person who, at the time of enlistment in an armed 
     force, possesses an employment authorization document issued 
     by United States Citizenship and Immigration Services under 
     the requirements of the Department of Homeland Security 
     policy entitled `Deferred Action for Childhood Arrivals' 
     (DACA).''.
       (b) Admission to Permanent Residence of Certain 
     Enlistees.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(c) Admission to Permanent Residence of Certain 
     Enlistees.--(1) A person described in subsection (b) who, at 
     the time of enlistment in an armed force, is not a citizen or 
     other national of the United States or lawfully admitted for 
     permanent residence shall be adjusted to the status of an 
     alien lawfully admitted for permanent residence under the 
     provisions of section 249 of the Immigration and Nationality 
     Act (8 U.S.C. 1259), except that the alien need not--
       ``(A) establish that he or she entered the United States 
     prior to January 1, 1972; and
       ``(B) comply with section 212(e) of such Act (8 U.S.C. 
     1182(e)).
       ``(2) The Secretary of Homeland Security shall rescind the 
     lawful permanent resident status of a person whose status was 
     adjusted under paragraph (1) if the person is separated from 
     the armed forces under other than honorable conditions before 
     the person served for a period or periods aggregating five 
     years. Such grounds for rescission are in addition to any 
     other provided by law. The fact that the person was separated 
     from the armed forces under other than honorable conditions 
     shall be proved by a duly authenticated certification from 
     the armed force in which the person last served. The service 
     of the person in the armed forces shall be proved by duly 
     authenticated copies of the service records of the person.
       ``(3) Nothing in this subsection shall be construed to 
     alter the process prescribed by sections 328, 329, and 329A 
     of the Immigration and Nationality Act (8 U.S.C. 1439, 1440, 
     1440-1) by which a person may naturalize through service in 
     the armed forces.''.
       (c) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 504. Persons not qualified; citizenship or residency 
       requirements; exceptions''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 31 of such

[[Page S3312]]

     title is amended by striking the item relating to section 504 
     and inserting the following new item:

``504. Persons not qualified; citizenship or residency requirements; 
              exceptions.''.

     SEC. 539. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED 
                   ENGLISH AND CIVICS, GOOD MORAL CHARACTER, AND 
                   HONORABLE SERVICE AND DISCHARGE REQUIREMENTS 
                   FOR NATURALIZATION.

       (a) Immigration and Nationality Act.--The Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) is amended by 
     inserting after section 329A (8 U.S.C. 1440-1) the following:

     ``SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR 
                   ENGAGEMENT IN ACTIVE COMBAT OR ACTIVE 
                   PARTICIPATION IN COMBAT.

       ``(a) In General.--
       ``(1) In general.--For purposes of naturalization and 
     continuing citizenship under the following provisions of law, 
     a person who has received an award described in subsection 
     (b) shall be treated--
       ``(A) as having satisfied the requirements under sections 
     312(a) and 316(a)(3), and subsections (b)(3), (c), and (e) of 
     section 328; and
       ``(B) except as provided in paragraph (2), under sections 
     328 and 329--
       ``(i) as having served honorably in the Armed Forces for 
     (in the case of section 328) a period or periods aggregating 
     1 year; and
       ``(ii) if separated from such service, as having been 
     separated under honorable conditions.
       ``(2) Revocation.--Notwithstanding paragraph (1)(B), any 
     person who separated from the Armed Forces under other than 
     honorable conditions may be subject to revocation of 
     citizenship under section 328(f) or 329(c) if the other 
     requirements under such section are met.
       ``(b) Application.--This section shall apply with respect 
     to the following awards from the Armed Forces of the United 
     States:
       ``(1) The Combat Infantryman Badge from the Army.
       ``(2) The Combat Medical Badge from the Army.
       ``(3) The Combat Action Badge from the Army.
       ``(4) The Combat Action Ribbon from the Navy, the Marine 
     Corps, or the Coast Guard.
       ``(5) The Air Force Combat Action Medal.
       ``(6) Any other award that the Secretary of Defense 
     determines to be an equivalent award for engagement in active 
     combat or active participation in combat.''.
       (b) Clerical Amendment.--The table of contents of such Act 
     (8 U.S.C. 1101 et seq.) is amended by inserting after the 
     item relating to section 329A the following:

``Sec. 329B. Persons who have received an award for engagement in 
              active combat or active participation in combat.''.
                                 ______
                                 
  SA 4263. Mr. GARDNER submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1667. SENSE OF CONGRESS ON THE BALLISTIC MISSILE THREAT 
                   OF NORTH KOREA AND THE DEPLOYMENT OF TERMINAL 
                   HIGH ALTITUDE AREA DEFENSE IN SOUTH KOREA.

       It is the sense of Congress--
       (1) that the short-range, medium-range, and long-range 
     ballistic missile programs of the Democratic People's 
     Republic of Korea (DPRK) represent an imminent and growing 
     threat to the Republic of Korea (ROK), Japan, and the United 
     States homeland;
       (2) that, according to open sources, the Democratic 
     People's Republic of Korea currently fields an estimated 700 
     short-range ballistic missiles, 200 Nodong medium-range 
     ballistic missiles, and 100 Musudan intermediate-range 
     ballistic missiles;
       (3) that, in March 2016, the United States and Republic of 
     Korea officially began formal consultations regarding the 
     deployment of the Terminal High Altitude Area Defense (THAAD) 
     missile defense system to the Republic of Korea;
       (4) that the Terminal High Altitude Area Defense missile 
     defense system would effectively complement and significantly 
     strengthen the existing missile defense capabilities of the 
     United States on the Korean Peninsula;
       (5) that the Terminal High Altitude Area Defense missile 
     defense system is a limited defensive system that does not 
     represent a threat to any of the neighbors of the Republic of 
     Korea;
       (6) to welcome deployment consultation talks between United 
     States and the Republic of Korea on the Terminal High 
     Altitude Area Defense missile defense system and to consider 
     the deployment of that system as a sovereign choice of the 
     Republic of Korean Government and a bilateral decision of the 
     alliance between the United States and the Republic of Korea 
     to protect the citizens of the Republic of Korea against the 
     growing ballistic missile threat from the Democratic People's 
     Republic of Korea and provide further protection to alliance 
     forces serving on the Korean Peninsula; and
       (7) to welcome joint missile defenses exercises between the 
     United States, the Republic of Korea, and Japan against the 
     ballistic missile threat from the Democratic People's 
     Republic of Korea and encourage further trilateral defense 
     cooperation between the United States, the Republic of Korea, 
     and Japan.
                                 ______
                                 
  SA 4264. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 45, strike lines 1 through 13 and insert the 
     following:

     SEC. 125. BASELINE ESTIMATE FOR THE ADVANCED ARRESTING GEAR 
                   PROGRAM.

       The Secretary of Defense
                                 ______
                                 
  SA 4265. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 45, strike line 20 and all that follows 
     through page 47, line 22, and insert the following:

     SEC. 126. REPORTING ON USS JOHN F. KENNEDY (CV-79) AND USS 
                   ENTERPRISE (CVN-80).

       (a) Report on CVN-79 and CVN-80.--Not later than December 
     1, 2016, the Secretary of the Navy and the Chief of Naval 
     Operations shall submit to the congressional defense 
     committees a report on alternatives, including de-scoping 
     requirements if necessary, to achieve a CVN-80 procurement 
     end cost of $12,000,000,000. In addition, the report shall 
     describe all applicable CVN-80 alternatives that could be 
     applied to CVN-79 to enable an $11,000,000,000 procurement 
     end cost.
       (b) Annual Report on CVN-79 and CVN-80.--
       (1) In general.--The Secretary of the Navy and the Chief of 
     Naval Operations shall annually submit, with the budget of 
     the President submitted to Congress under section 1105(a) of 
     title 31, United States Code, a progress report describing 
     efforts to attain the CVN-79 and CVN-80 procurement end costs 
     specified in subsection (a).
       (2) Elements.--The report under paragraph (1) shall include 
     the following elements:
       (A) A description of progress made toward achieving the 
     procurement end costs specified in subsection (a), including 
     realized cost savings.
       (B) A description of specific low value-added or 
     unnecessary elements of program cost that have been reduced 
     or eliminated.
       (C) Cost savings estimates for current and planned 
     initiatives.
       (D) A schedule including a spend plan with phasing of key 
     obligations and outlays, decision points when savings could 
     be realized, and key events that must take place to execute 
     initiatives and achieve savings.
       (E) Instances of lower estimates used in contract 
     negotiations.
       (F) A description of risks to achieving the procurement end 
     costs specified in subsection (a).
       (G) A description of incentives or rewards provided or 
     planned to be provided for meeting the procurement end costs 
     specified in subsection (a).
                                 ______
                                 
  SA 4266. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 127.
                                 ______
                                 
  SA 4267. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 844, strike subsection (e).
                                 ______
                                 
  SA 4268. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for

[[Page S3313]]

military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1038.
                                 ______
                                 
  SA 4269. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1260.
                                 ______
                                 
  SA 4270. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1611.
                                 ______
                                 
  SA 4271. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1227. LIMITATION ON USE OF FUNDS TO PROCURE, OR ENTER 
                   INTO ANY CONTRACT FOR THE PROCUREMENT OF, ANY 
                   GOODS OR SERVICES FROM PERSONS THAT PROVIDE 
                   MATERIAL SUPPORT TO CERTAIN IRANIAN PERSONS.

       (a) Limitation.--No funds authorized to be appropriated for 
     the Department of Defense for fiscal year 2017 may be used to 
     procure, or enter into any contract for the procurement of, 
     any goods or services from any person that provides material 
     support to, including engaging in a significant transaction 
     or transactions with, a covered Iranian person during such 
     fiscal year.
       (b) Certification.--The Federal Acquisition Regulation 
     shall be revised to require a certification from each person 
     that is a prospective contractor that such person does not 
     engage in any of the conduct described in subsection (a). 
     Such revision shall apply with respect to contracts in an 
     amount greater than the simplified acquisition threshold (as 
     defined in section 134 of title 41, United States Code) for 
     which solicitations are issued on or after the date that is 
     90 days after the date of the enactment of this Act.
       (c) Waiver.--The Secretary of Defense, in consultation with 
     the Secretary of State and the Secretary of the Treasury, 
     may, on a case-by-case basis, waive the limitation in 
     subsection (a) with respect to a person if the Secretary of 
     Defense, in consultation with the Secretary of State and the 
     Secretary of the Treasury--
       (1) determines that the waiver is important to the national 
     security interest of the United States; and
       (2) submits to the appropriate committees of Congress a 
     notification of, and detailed justification for, the waiver 
     not less than 30 days before the date on which the waiver is 
     to take effect.
       (d) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Covered iranian person.--The term ``covered Iranian 
     person'' means an Iranian person that--
       (A) is included on the list of specially designated 
     nationals and blocked persons maintained by the Office of 
     Foreign Assets Control of the Department of the Treasury and 
     the property and interests in property of which are blocked 
     pursuant to the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.) for acting on behalf of or at the 
     direction of, or being owned or controlled by, the Government 
     of Iran;
       (B) is included on the list of persons identified as 
     blocked solely pursuant to Executive Order 13599; or
       (C) in the case of an Iranian person described in paragraph 
     (3)(B)--
       (i) is owned, directly or indirectly, by--

       (I) Iran's Revolutionary Guard Corps, or any agent or 
     affiliate thereof; or
       (II) one or more other Iranian persons that are included on 
     the list of specially designated nationals and blocked 
     persons as described in subparagraph (A) if such Iranian 
     persons collectively own a 25 percent or greater interest in 
     the Iranian person; or

       (ii) is controlled, managed, or directed, directly or 
     indirectly, by Iran's Revolutionary Guard Corps, or any agent 
     or affiliate thereof, or by one or more other Iranian persons 
     described in clause (i)(II).
       (3) Iranian person.--The term ``Iranian person'' means--
       (A) an individual who is a national of Iran; or
       (B) an entity that is organized under the laws of Iran or 
     otherwise subject to the jurisdiction of the Government of 
     Iran.
       (4) Person.--The term ``person'' means has the meaning 
     given such term in section 560.305 of title 31, Code of 
     Federal Regulation, as such section 560.305 was in effect on 
     April 22, 2016.
       (5) Significant transaction or transactions.--The term 
     ``significant transaction or transactions'' shall be 
     determined, for purposes of this section, in accordance with 
     section 561.404 of title 31, Code of Federal Regulations, as 
     such section 561.404 was in effect on January 1, 2016.
                                 ______
                                 
  SA 4272. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 212 and insert the following:

     SEC. 212. ENHANCEMENT AND PERMANENT AUTHORITY FOR DEFENSE 
                   RESEARCH AND DEVELOPMENT RAPID INNOVATION 
                   PROGRAM.

       (a) Coordination of Program.--Subsection (a) of section 
     1073 of the Ike Skelton National Defense Authorization Act 
     for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4366; 10 
     U.S.C. 2359 note) is amended by adding at the end the 
     following: ``The program shall be coordinated with the senior 
     acquisition executives of the departments, Agencies, and 
     components of the Department of Defense.''.
       (b) Department of Defense Expenditures.--Subsection (d) of 
     such section is amended to read as follows:
       ``(d) DoD Expenditures.--(1) For fiscal year 2018 and each 
     fiscal year thereafter, the Department of Defense shall 
     obligate for expenditure for eligible technologies not less 
     than 0.5 percent of the aggregate budget of the Department of 
     Defense for such fiscal year for research, development, test, 
     and evaluation and available for projects and activities at 
     the level of Advanced Component Development Prototypes and 
     above (referred to as `6.4' and above).
       ``(2) Nothing in paragraph (1) may be construed to prohibit 
     the departments, Agencies, and components of the Department 
     from expending on eligible technologies in a fiscal year an 
     amount for that fiscal year in excess of the amount otherwise 
     required by that paragraph.''.
       (c) Permanent Authority.--Such section is further amended 
     by striking subsection (f).
                                 ______
                                 
  SA 4273. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title VIII, add the following:

     SEC. 899C. PILOT PROGRAM FOR STREAMLINED TECHNOLOGY 
                   TRANSITION FROM THE SBIR AND STTR PROGRAMS OF 
                   THE DEPARTMENT OF DEFENSE.

       (a) Definitions.--In this section--
       (1) the terms ``commercialization'', ``SBIR'', ``STTR'', 
     ``Phase I'', ``Phase II'', and ``Phase III'' have the 
     meanings given those terms in section 9(e) of the Small 
     Business Act (15 U.S.C. 638(e));
       (2) the term ``covered small business concern'' means--
       (A) a small business concern that completed a Phase II 
     award under the SBIR or STTR program of the Department of 
     Defense; or
       (B) a small business concern that--
       (i) completed a Phase I award under the SBIR or STTR 
     program of the Department of Defense; and
       (ii) a contracting officer for the Department of Defense 
     recommends for inclusion in a multiple award contract 
     described in subsection (b);
       (3) the term ``multiple award contract'' has the meaning 
     given the term in section 3302(a) of title 41, United States 
     Code;
       (4) the term ``pilot program'' means the pilot program 
     established under subsection (b); and
       (5) the term ``small business concern'' has the meaning 
     given the term in section 3 of the Small Business Act (15 
     U.S.C. 632).
       (b) Establishment.--The Secretary of the Defense may 
     establish a pilot program under which the Department of 
     Defense shall award multiple award contracts to covered

[[Page S3314]]

     small business concerns for the purchase of technologies, 
     supplies, or services that the covered small business concern 
     has developed through the SBIR or STTR program.
       (c) Waiver of Competition in Contracting Act 
     Requirements.--The Secretary of the Defense may establish 
     procedures to waive provisions of section 2304 of title 10, 
     United States Code, for purposes of carrying out the pilot 
     program.
       (d) Use of Contract Vehicle.--A multiple award contract 
     described in subsection (b) may be used by any service or 
     component of the Department of Defense.
       (e) Termination.--The pilot program established under this 
     section shall terminate on September 30, 2022.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to prevent the commercialization of products and 
     services produced by a small business concern under an SBIR 
     or STTR program of a Federal agency through--
       (1) direct awards for Phase III of an SBIR or STTR program; 
     or
       (2) any other contract vehicle.
                                 ______
                                 
  SA 4274. Mr. MENENDEZ (for himself and Mr. Booker) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle A of title XI, add the following:

     SEC. 1114. PAY PARITY FOR DEPARTMENT OF DEFENSE EMPLOYEES 
                   EMPLOYED AT JOINT BASES.

       (a) Definitions.--For purposes of this section--
       (1) the term ``covered joint military installation'' means 
     a joint military installation--
       (A) created as a result of the recommendations of the 
     Defense Base Closure and Realignment Commission in the 2005 
     base closure round; and
       (B) for which the Federal Prevailing Rate Advisory 
     Committee has recommended that the Office of Personnel 
     Management consolidate to be within the same pay locality;
       (2) the term ``joint military installation'' means 2 or 
     more military installations reorganized or otherwise 
     associated and operated as a single military installation;
       (3) the term ``locality pay'' means any amount payable 
     under section 5304 or 5304a of title 5, United States Code; 
     and
       (4) the term ``pay locality'' has the meaning given that 
     term by section 5302(5) of title 5, United States Code.
       (b) Pay Parity at Joint Bases.--If 2 or more military 
     installations were reorganized or otherwise associated as a 
     single covered joint military installation, and the 
     constituent installations are not all located within the same 
     pay locality, all Department of Defense employees of the 
     respective installations constituting the covered joint 
     military installation (who are otherwise entitled to locality 
     pay) shall receive locality pay at a uniform percentage equal 
     to the percentage which is payable with respect to the pay 
     locality which includes the constituent installation then 
     receiving the highest locality pay (expressed as a 
     percentage).
       (c) Regulations.--The Office of Personnel Management shall 
     prescribe regulations to carry out this section.
       (d) Applicability.--This section shall apply with respect 
     to pay periods beginning on or after such date (not later 
     than 1 year after the date of enactment of this Act) as the 
     Secretary of Defense shall determine, in consultation with 
     the Director of the Office of Personnel Management.
                                 ______
                                 
  SA 4275. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. CERTAIN SERVICE DEEMED TO BE ACTIVE MILITARY 
                   SERVICE FOR PURPOSES OF LAWS ADMINISTERED BY 
                   THE SECRETARY OF VETERANS AFFAIRS.

       (a) In General.--For purposes of section 401(a)(1)(A) of 
     the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note), the 
     Secretary of Defense is deemed to have determined that 
     qualified service of an individual constituted active 
     military service.
       (b) Determination of Discharge Status.--The Secretary of 
     Defense shall issue an honorable discharge under section 
     401(a)(1)(B) of the GI Bill Improvement Act of 1977 to each 
     person whose qualified service warrants an honorable 
     discharge. Such discharge shall be issued before the end of 
     the one-year period beginning on the date of the enactment of 
     this Act.
       (c) Prohibition of Retroactive Benefits.--No benefits may 
     be paid to any individual as a result of the enactment of 
     this section for any period before the date of the enactment 
     of this Act.
       (d) Qualified Service Defined.--In this section, the term 
     ``qualified service'' means service of an individual as a 
     member of the organization known as the United States Cadet 
     Nurse Corps during the period beginning on July 1, 1943, and 
     ending on December 15, 1945.
                                 ______
                                 
  SA 4276. Mr. LEE (for himself, Mr. Cruz, Mr. Inhofe, Mr. Rounds, Mr. 
Sasse, and Mr. Wicker) submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 591 and insert the following:

     SEC. 591. MODIFICATION OF PERSONS SUBJECT TO REGISTER FOR 
                   MILITARY SELECTIVE SERVICE ONLY PURSUANT TO 
                   STATUTE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the decision of the Secretary of Defense to open all military 
     occupational specialties to women raises important legal, 
     political, and social questions about who should be required 
     to register for military selective service and how the 
     Military Selective Service Act currently benefits the 
     national security of the United States.
       (b) Report.--Not later than July 1, 2017, the Secretary of 
     Defense shall 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 
     for military selective service. The report shall include an 
     assessment of--
       (1) whether a continuing need exists for a selective 
     service system designed to produce large quantities of combat 
     troops; and
       (2) if so, whether that system should include mandatory 
     registration by citizens and residents regardless of gender.
       (c) Modification Only Pursuant to Statute.--Section 3 of 
     the Military Selective Service Act (50 U.S.C. 3802) is 
     amended by adding at the end the following new subsection:
       ``(c) Any modification or change to the persons subject to 
     register pursuit to this section may be made only through an 
     Act of Congress.''.
       (d) Prohibition on Court Jurisdiction of Claims Regarding 
     Class of Persons With Duty To Register.--No court created by 
     Act of Congress shall have any jurisdiction, and the Supreme 
     Court shall have no appellate jurisdiction, to hear or decide 
     any question or claim, whether filed before, on, or after the 
     date of the enactment of this Act, pertaining to the 
     interpretation of, or the validity under the Constitution of, 
     the class of persons subject to the duty to register for 
     purposes of the Military Selective Service Act (50 U.S.C. 
     3801 et seq.).
                                 ______
                                 
  SA 4277. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XVI, add the following:

     SEC. 1613. COMMERCIAL USE OF EXCESS INTERCONTINENTAL 
                   BALLISTIC MISSILES BY UNITED STATES COMMERCIAL 
                   SPACE TRANSPORTATION SERVICES PROVIDERS.

       (a) In General.--Section 50134(b) of title 51, United 
     States Code, is amended--
       (1) in the subsection heading, by inserting ``and United 
     States Commercial'' after ``Authorized Federal''; and
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``A missile described'' and all that follows through ``such 
     missile--'' and inserting the following: ``A missile 
     described in subsection (c) may be converted for use as a 
     space transportation vehicle by the Federal Government or a 
     United States commercial provider if, except as provided in 
     paragraph (2) and at least 30 days before such conversion, 
     the agency seeking to use the missile as a space 
     transportation vehicle, or to provide the missile to a United 
     States commercial provider for use as a space transportation 
     vehicle, as the case may be, transmits to the Committee on 
     Armed Services and the Committee on Science and Technology of 
     the House of Representatives, and to the Committee on Armed 
     Services and the Committee on Commerce, Science, and 
     Transportation of the Senate, a certification that the use of 
     such missile, or the provision of such missile to a United 
     States commercial provider for such use, as applicable--'';
       (B) in subparagraph (A), by striking ``when compared'' and 
     all that follows and inserting a semicolon; and
       (C) by striking subparagraph (B) and inserting the 
     following new subparagraph (B):
       ``(B) if such missile is being provided to a United States 
     commercial provider, such missile was made broadly available 
     to

[[Page S3315]]

     United States commercial providers before being provided to 
     the United States commercial provider concerned;''.
       (b) Additional Limitations; Termination.--Section 50134 of 
     such title is further amended by adding at the end the 
     following new subsection:
       ``(d) Additional Limitations.--
       ``(1) Number of flight vehicles produced yearly by any 
     single provider.--The total number of space transportation 
     vehicles produced by any United States commercial provider in 
     a year using motors from missiles transferred or otherwise 
     provided to the United States commercial provider under this 
     section in any year may not 5 exceed vehicles.
       ``(2) Number of flight vehicles produced yearly by all 
     providers.--The total number of space transportation vehicles 
     produced by United States commercial providers in a year 
     using motors from missiles transferred or otherwise provided 
     to United States commercial providers under this section may 
     not exceed 15 vehicles.
       ``(3) Minimum payload mass.--No space transportation 
     vehicle produced by a United States commercial provider in 
     any year using motors from missiles transferred or otherwise 
     provided to the United States commercial provider under this 
     section may be used to launch multiple payloads from more 
     than one manufacturer that have a combined mass of 200 kg or 
     less.
       ``(e) Termination of United States Commercial Provider 
     Authority.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     authority under this section to transfer or otherwise provide 
     a missile described in subsection (c) to a United States 
     commercial provider for use as a space transportation vehicle 
     shall terminate on the date that is 5 years after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2017.
       ``(2) Exception.--The termination of authority under 
     paragraph (1) shall not affect the use of motors from 
     missiles transferred or provided to a United States 
     commercial provider under this section pursuant to contracts 
     entered into before such termination.''.
       (c) Multiagency Review.--Not later than 36 months after the 
     date of the enactment of this Act, the Secretary of Defense, 
     the Secretary of Commerce, the Secretary of Transportation, 
     and the Administrator of the National Aeronautics and Space 
     Administration shall jointly conduct a multiagency review of 
     the authority provided under section 50134 of title 51, 
     United States Code, as amended by this section, to provide 
     excess intercontinental ballistic missiles to United States 
     commercial space transportation services providers for use as 
     space transportation vehicles, and the limitations under 
     subsection (d) of that section, including an assessment of 
     the costs and benefits of that authority and those 
     limitations and the consequences of that authority and those 
     limitations for the industrial base of the United States.
       (d) Sense of Congress.--It is the sense of Congress that, 
     if no significant consequences to the industrial base of the 
     United States are found in the multiagency review required by 
     subsection (c), the authority to provide excess 
     intercontinental ballistic missiles to United States 
     commercial space transportation services providers for use as 
     space transportation vehicles under section 50134 of title 
     51, United States Code, should be extended before the 
     termination date under subsection (e) of that section.
                                 ______
                                 
  SA 4278. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2814. DURATION OF UTILITY ENERGY SERVICE CONTRACTS.

       Section 2913 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(e) Duration of Contracts.--An utility energy service 
     contract entered into under this section may have a contract 
     period not to exceed 25 years.''.
                                 ______
                                 
  SA 4279. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 565. RECEIPT BY MEMBERS OF THE ARMED FORCES WITH PRIMARY 
                   MARINER DUTIES OF TRAINING THAT COMPLIES WITH 
                   NATIONAL STANDARDS AND REQUIREMENTS.

       (a) In General.--Section 2015 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Members With Primary Mariner Duties.--(1) For 
     purposes of the program under this section, the Secretary of 
     Defense and the Secretary of Homeland Security shall each 
     ensure that members of the armed forces with primary mariner 
     duties receive training that complies with national standards 
     and requirements under the International Convention on 
     Standards of Training, Certification, and Watchkeeping 
     (STCW).
       ``(2) The following shall comply with basic training 
     standards under national requirements and the International 
     Convention on Standards of Training, Certification, and 
     Watchkeeping:
       ``(A) The recruit training provided to each member of the 
     armed forces.
       ``(B) The training provided to each member of the armed 
     forces who is assigned to a vessel.
       ``(3) Under the program, each member of the armed forces 
     who is assigned to a vessel of at least 100 gross tons (GRT) 
     in a deck or engineering career field shall be provided the 
     following:
       ``(A) A designated path to applicable credentials under the 
     national requirements and the International Convention on 
     Standards of Training, Certification, and Watchkeeping 
     consistent with the responsibilities of the position to which 
     assigned.
       ``(B) The opportunity, at Government expense, to attend 
     credentialing programs that provide merchant mariner training 
     not offered by the armed forces.
       ``(4)(A) For purposes of the program, the material 
     specified in subparagraph (B) shall be submitted to the 
     National Maritime Center of the Coast Guard for assessment of 
     the compliance of such material with national requirements 
     and the International Convention on Standards of Training, 
     Certification, and Watchkeeping.
       ``(B) The material specified in this subparagraph is as 
     follows:
       ``(i) The course material of each unclassified course for 
     members of the armed forces in marine navigation, leadership, 
     and operation and maintenance.
       ``(ii) The unclassified qualifications for assignment for 
     deck or engineering positions on waterborne vessels.
       ``(C) The National Maritime Center shall conduct 
     assessments of material for purposes of this paragraph. Such 
     assessments shall evaluate the suitability of material for 
     the service at sea addressed by such material and without 
     regard to the military pay grade of the intended 
     beneficiaries of such material.
       ``(D) If material submitted to the National Maritime Center 
     pursuant to this paragraphs is determined not to comply as 
     described in subparagraph (A), the Secretary offering such 
     material to members of the armed forces shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report setting forth the actions to be 
     taken by such Secretary to bring such material into 
     compliance.''.
       (b) Additional Requirements.--
       (1) In general.--Each Secretary concerned shall establish, 
     for members of the Armed Forces under the jurisdiction of 
     such Secretary, procedures as follows:
       (A) Procedures by which members identify qualification gaps 
     in training and proficiency assessments and complete training 
     or assessments approved by the Coast Guard in addressing such 
     gaps.
       (B) Procedures by which members obtain service records of 
     any service at sea.
       (C) Procedures by which members may submit service records 
     of service at sea and other military qualifications to the 
     National Maritime Center for evaluation and issuance of a 
     Merchant Marine Credential.
       (D) Procedures by which members may obtain a medical 
     certificate for use in applications for Merchant Marine 
     Credentials.
       (2) Use of military drug test results in merchant marine 
     credential applications.--The Secretaries of the military 
     departments and the Secretary of Homeland Security shall 
     jointly establish procedures by which the results of 
     appropriate drug tests administered to members of the Armed 
     Forces by the military departments may be used for purposes 
     of applications for Merchant Marine Credentials.
       (3) Secretary concerned defined.--In this subsection, the 
     term ``Secretary concerned'' has the meaning given that term 
     in section 101(a) of title 10, United States Code.
       (c) Deadline for Implementation.--This section and the 
     amendments made by this section shall be fully implemented by 
     not later than the date that is two years after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 4280. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XXVIII, add the 
     following:

[[Page S3316]]

  


     SEC. 2804. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS 
                   APPLICABLE TO UNSPECIFIED MINOR MILITARY 
                   CONSTRUCTION AUTHORITIES.

       Section 2805 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) Adjustment of Dollar Limitations for Location.--Each 
     fiscal year, the Secretary concerned shall adjust the dollar 
     limitations specified in this section applicable to an 
     unspecified minor military construction project to reflect 
     the area construction cost index for military construction 
     projects published by the Department of Defense during the 
     prior fiscal year for the location of the project.''.
                                 ______
                                 
  SA 4281. Ms. HIRONO (for herself and Mr. Wyden) submitted an 
amendment intended to be proposed by her to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 306. AUTHORITY TO USE ENERGY SAVINGS INVESTMENT FUND FOR 
                   ENERGY MANAGEMENT INITIATIVES.

       Section 2919(b)(2) of title 10, United States Code, is 
     amended by striking ``, to the extent provided for in an 
     appropriations Act,''.
                                 ______
                                 
  SA 4282. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XI, add the following:

     SEC. 1114. SENSE OF CONGRESS ON BUSINESS CASES ANALYSES FOR 
                   DECISIONS AFFECTING THE WORKFORCE AND MODIFYING 
                   LOCATIONS OF WHERE WORK WILL BE EXECUTED OR 
                   COMPLETED.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) in a budget constrained environment, the military 
     departments and Defense Agencies must utilize all available 
     tools to make informed, supportable decisions in moving 
     workforce and workload from one location or entity to 
     another;
       (2) such tools should include a properly supported and 
     documented business case analysis (BCA);
       (3) several military departments and Defense Agencies have 
     fallen short of proper analysis and support with respect to 
     decision described in paragraph (1) in recent months;
       (4) in one such case--
       (A) the Air Force relied exclusively on a rough order 
     economic analysis on an engine source of repair as 
     justification for moving nearly $40,000,000 per year of 
     workload; and
       (B) before reversing its decision, the Air Force had only 
     planned to accomplish business case analyses to shift work 
     after award of the solicitation;
       (5) in another case--
       (A) the Defense Health Agency announced that it would be 
     closing the Pacific Joint Information Technology Center 
     (PJITC), with an annual operation and maintenance cost of 
     $5,800,000, without supporting documentation or analysis;
       (B) the center performs Health Information Technology (HIT) 
     research and innovation and serves as a test center for joint 
     concept technology development (JCTD) prototyping for the 
     Department of Defense and the Department of Veterans Affairs 
     for information technology products and services;
       (C) if the center is closed, ongoing interoperability 
     projects between the Department of Defense and the Department 
     of Veterans Affairs will lose a critical health information 
     technology research hub which was responsible for the Joint 
     Legacy Viewer (JLV) which, in turn, is deployed throughout 
     the Department of Defense and the Department of Veterans 
     Affairs and meets required interoperability standards;
       (D) Defense Health Agency officials contend that the 
     quality of the work completed at the center is not at issue, 
     and they plan to continue the work at a different facility 
     which is not a joint research facility and does not have the 
     capability or capacity to continue the work of the center;
       (6) before a military department or Defense Agency embarks 
     on a workforce decision of workload in excess of $3,000,000 
     per year, the Department of Defense needs to understand the 
     possible costs, benefits, risks, and impacts to the small 
     business goals, small and disadvantaged contracting 
     agreements, and other sensitivities of the Department 
     associated with such a decision;
       (7) the military departments and Defense Agencies should 
     perform a business case analysis, as part of any workforce 
     decision described in paragraph (6);
       (8) any such business case analysis for a workforce 
     decision having an annual estimated cost of $5,000,0000 or 
     more should be reviewed and approved by the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics, and 
     the Under Secretary should provide such business case 
     analysis to the congressional defense committees at least 30 
     days before taking any action to effect a shift in the 
     workload concerned;
       (9) the Assistant Secretary of Defense for Logistics, 
     Materiel, and Readiness, working with the Cost Analysis 
     Program Evaluation office, should develop minimum standards 
     and criteria for business case analyses covered by this 
     section and a process for the review and transparency of such 
     business case analyses; and
       (10) the Assistant Secretary should submit to the 
     congressional defense committees, by not later than 180 days 
     after the date of the enactment of this Act, a report on the 
     plan of the Assistant Secretary plan to implement the 
     standards and criteria described in paragraph (9).
       (b) Business Case Analysis Defined.--In this section, the 
     term ``business case analysis'' means a structured 
     methodology and decision support document that aids decision 
     making by identifying and comparing alternatives by examining 
     the mission and business impacts (both financial and non-
     financial), risks, and sensitivities.
                                 ______
                                 
  SA 4283. Mr. REID (for Mr. Blumenthal (for himself and Mr. Durbin)) 
submitted an amendment intended to be proposed by Mr. Reid to the bill 
S. 2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 663. LIMITATION ON SALE OF DIETARY SUPPLEMENTS IN 
                   COMMISSARY AND EXCHANGE STORES.

       (a) Limitation.--Section 2484(c) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(4)(A) The Secretary of Defense, in consultation with the 
     Commissioner of Food and Drugs, the Federal Trade Commission, 
     and the Office of Dietary Supplements at the National 
     Institutes of Health, shall establish a definition for a 
     product category for dietary supplements that are considered 
     to be high risk. The dietary supplements included within the 
     product category shall include dietary supplements that are 
     marketed for muscle building, weight loss, and sexual 
     enhancement.
       ``(B) A dietary supplement in the product category of 
     dietary supplements considered to be high risk under 
     subparagraph (A) may be sold by a commissary store or 
     exchange store, or a retail establishment operating on a 
     military installation, only if the dietary supplement has 
     been verified by an independent third party for recognized 
     public standards of identity, purity, strength, and 
     composition, and adherence to related process standards.
       ``(C) The Secretary of Defense and the Commissioner of Food 
     and Drugs shall jointly identify the third parties that may 
     provide verification under subparagraph (B).
       ``(D) In this paragraph, the term `dietary supplement' has 
     the meaning given that term in section 201(ff) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 15 321(ff).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is one year after the date 
     of the enactment of this Act, and shall apply with respect to 
     sales that occur on or after such effective date.
                                 ______
                                 
  SA 4284. Mr. REID (for Mr. Blumenthal) submitted an amendment 
intended to be proposed by Mr. Reid to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 597. ENHANCEMENT OF USE OF VETERANS' SERVICE 
                   ORGANIZATIONS TO CARRY OUT THE TRANSITION 
                   ASSISTANCE PROGRAM OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) In General.--Section 1144 of title 10, United States 
     Code, is amended--
       (1) in subsection (d)(4), by inserting ``subject to 
     subsection (e),'' before ``use representatives'';
       (2) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (3) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Use of Veterans' Service Organizations.--The 
     Secretary of Defense, the Secretary of Veterans Affairs, and 
     appropriate veterans' service organizations shall jointly 
     enter into a memorandum of understanding regarding the manner 
     in which representatives of veterans' service organizations 
     are used for purposes of the program established under this 
     section, including the nature and

[[Page S3317]]

     scope of access of such representatives to military 
     installations for that purpose. The memorandum of 
     understanding shall apply to any veterans' service 
     organization whose representatives are used for purposes of 
     the program, regardless of whether or not the organization is 
     expressly a party to the memorandum of understanding.''.
       (b) Veterans' Service Organization Defined.--Such section 
     is further amended by adding at the end the following new 
     subsection:
       ``(h) Veterans' Service Organization Defined.--In this 
     section, the term `veterans' service organization' means any 
     organization recognized by the Secretary of Veterans Affairs 
     for the representation of veterans under section 5902 of 
     title 38.''.
                                 ______
                                 
  SA 4285. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. CRITICAL LANGUAGES PROFICIENCY BONUSES.

       (a) In General.--Subchapter IV of chapter 57 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5762. Critical languages proficiency bonuses

       ``(a) Definitions.--In this section--
       ``(1) the term `covered agency' means--
       ``(A) the Central Intelligence Agency;
       ``(B) the Defense Intelligence Agency;
       ``(C) the Federal Bureau of Investigation;
       ``(D) the National Geospatial-Intelligence Agency;
       ``(E) the National Reconnaissance Office;
       ``(F) the National Security Agency; and
       ``(G) the Office of the Director of National Intelligence;
       ``(2) the term `critical language' means--
       ``(A) Arabic;
       ``(B) Urdu;
       ``(C) Pashto;
       ``(D) Farsi;
       ``(E) Dari;
       ``(F) Tajiki;
       ``(G) Kurdish;
       ``(H) Turkish;
       ``(I) Somali; and
       ``(J) Hausa; and
       ``(3) the term `ILR' means the Interagency Language 
     Roundtable.
       ``(b) Bonuses.--
       ``(1) Recruiting bonus.--
       ``(A) In general.--The head of a covered agency may pay a 
     bonus under this section to an individual who is newly 
     appointed as an employee of the covered agency in a national 
     security position.
       ``(B) Amount.--The bonus described in subparagraph (A) 
     shall be equal to--
       ``(i) $25,000 if the individual has been assigned an ILR 
     skill level of 3, as of the date on which the individual is 
     appointed;
       ``(ii) $31,250 if the individual has been assigned an ILR 
     skill level of 4, as of the date on which the individual is 
     appointed; and
       ``(iii) $37,500 if the individual has been assigned an ILR 
     skill level of 5, as of the date on which the individual is 
     appointed.
       ``(2) Incentive bonus.--
       ``(A) In general.--The head of a covered agency may pay a 
     bonus under this section to an individual employed by the 
     covered agency in a national security position if--
       ``(i) before the date on which the individual is appointed 
     as an employee of the covered agency in a national security 
     position, the individual was not employed in a national 
     security position; and
       ``(ii) while employed by the covered agency in a national 
     security position, the individual is assigned an ILR skill 
     level of not lower than 3.
       ``(B) Amount.--The bonus described in subparagraph (A) 
     shall be equal to--
       ``(i) $20,000 if the individual is assigned an ILR skill 
     level of 3;
       ``(ii) $25,000 if the individual is assigned an ILR skill 
     level of 4; and
       ``(iii) $30,000 if the individual is assigned an ILR skill 
     level of 5.
       ``(C) Limitation.--An individual may receive only 1 bonus 
     under this paragraph.
       ``(3) Adjustment of amount.--The head of a covered agency 
     may adjust the amounts of the bonuses described in paragraph 
     (1) and (2) equal to amounts that the head of the covered 
     agency determines is necessary to maintain staff in the 
     covered agency with proficiency in critical languages.
       ``(4) Employees of the federal bureau of investigation.--A 
     bonus under this section may be awarded to an employee of the 
     Federal Bureau of Investigation in addition to any cash award 
     described in section 5761.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for subchapter IV of chapter 57 of title 5, United 
     States Code, is amended by adding at the end the following:

``5762. Critical languages proficiency bonuses.''.
                                 ______
                                 
  SA 4286. Mr. CORNYN (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

                     Subtitle I--Vietnam Sanctions

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Vietnam Human Rights 
     Sanctions Act''.

     SEC. 1282. DEFINITIONS.

       In this subtitle:
       (1) Admitted; alien; immigration laws; national.--The terms 
     ``admitted'', ``alien'', ``immigration laws'', and 
     ``national'' have the meanings given those terms in section 
     101 of the Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Finance, the Committee on Banking, 
     Housing, and Urban Affairs, and the Committee on Foreign 
     Relations of the Senate; and
       (B) the Committee on Ways and Means, the Committee on 
     Financial Services, and the Committee on Foreign Affairs of 
     the House of Representatives.
       (3) Convention against torture.--The term ``Convention 
     against Torture'' means the United Nations Convention against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York on December 10, 1984.
       (4) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 1283. LIMITATIONS ON ARMS TRANSFERS TO VIETNAM.

       (a) Limitation on Arms Transfers.--No letter of offer to 
     sell major defense equipment to Vietnam may be issued 
     pursuant to the Arms Export Control Act (22 U.S.C. 2751 et 
     seq.) and no license to export major defense equipment to 
     Vietnam may be issued pursuant to that Act in a fiscal year 
     until the Secretary of State, under the direction of the 
     President, makes the certification described in subsection 
     (b) for that fiscal year.
       (b) Certification Described.--The certification described 
     in this subsection is a certification by the Secretary of 
     State, under the direction of the President, to the 
     appropriate congressional committees that the Government of 
     Vietnam has substantially improved its human rights 
     practices, including, at a minimum, the following problems 
     identified by the Secretary of State in the Country Reports 
     on Human Rights Practices for 2015:
       (1) Severe government restrictions of the political rights 
     of citizens, particularly their right to change their 
     government through free and fair elections.
       (2) Limits on the civil liberties of citizens, including 
     freedom of assembly, association, and expression.
       (3) Inadequate protection of the due process rights of 
     citizens, including protection against arbitrary detention.
       (4) Arbitrary and unlawful deprivation of life.
       (5) Police attacks and corporal punishment.
       (6) Continued police mistreatment of suspects during arrest 
     and detention, including the use of lethal force and austere 
     prison conditions.
       (7) Denial of the right to a fair and expeditious trial.

     SEC. 1284. IMPOSITION OF SANCTIONS ON CERTAIN INDIVIDUALS WHO 
                   ARE COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED 
                   AGAINST NATIONALS OF VIETNAM OR THEIR FAMILY 
                   MEMBERS.

       (a) Imposition of Sanctions.--The President shall impose 
     the sanctions described in subsection (c) with respect to 
     each individual on the list required by subsection (b)(1).
       (b) List of Individuals Who Are Complicit in Certain Human 
     Rights Abuses.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a list of individuals 
     who are nationals of Vietnam that the President determines 
     are complicit in human rights abuses committed against 
     nationals of Vietnam or their family members, regardless of 
     whether such abuses occurred in Vietnam.
       (2) Updates of list.--The President shall submit to the 
     appropriate congressional committees an updated list under 
     paragraph (1) as new information becomes available and not 
     less frequently than annually.
       (3) Public availability.--The list required by paragraph 
     (1) shall be made available to the public and posted on the 
     websites of the Department of the Treasury and the Department 
     of State.
       (4) Consideration of data from other countries and 
     nongovernmental organizations.--In preparing the list 
     required by paragraph (1), the President shall consider data 
     already obtained by other countries and nongovernmental 
     organizations, including organizations in Vietnam, that 
     monitor the

[[Page S3318]]

     human rights abuses of the Government of Vietnam.
       (c) Sanctions.--
       (1) Prohibition on entry and admission to the united 
     states.--
       (A) In general.--An individual on the list required by 
     subsection (b)(1) may not--
       (i) be admitted to, enter, or transit through the United 
     States;
       (ii) receive any lawful immigration status in the United 
     States under the immigration laws, including any relief under 
     the Convention Against Torture; or
       (iii) file any application or petition to obtain such 
     admission, entry, or status.
       (B) Exceptions to comply with international agreements.--
     The President may, by regulation, authorize exceptions to 
     subparagraph (A) to permit the United States to comply with 
     the Agreement regarding the Headquarters of the United 
     Nations, signed at Lake Success June 26, 1947, and entered 
     into force November 21, 1947, between the United Nations and 
     the United States, and other applicable international 
     agreements.
       (2) Blocking of property.--
       (A) In general.--The President shall, pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.), block and prohibit all transactions in all property 
     and interests in property of a person on the list required by 
     subsection (b)(1) if such property and interests in property 
     are in the United States, come within the United States, or 
     are or come within the possession or control of a United 
     States person.
       (B) Exception relating to importation of goods.--
       (i) In general.--The authority to block and prohibit all 
     transactions in all property and interests in property under 
     subparagraph (A) shall not include the authority to impose 
     sanctions on the importation of goods.
       (ii) Good.--In this paragraph, the term ``good'' has the 
     meaning given that term in section 16 of the Export 
     Administration Act of 1979 (50 U.S.C. 4618) (as continued in 
     effect pursuant to the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.)).
       (C) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subparagraph (A) or any regulation, license, or order issued 
     to carry out subparagraph (A) shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (d) Waiver.--The President may waive the requirement to 
     impose or maintain sanctions with respect to an individual 
     under subsection (a) or the requirement to include an 
     individual on the list required by subsection (b)(1) if the 
     President--
       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.
       (e) Termination of Sanctions.--The provisions of this 
     section shall terminate on the date on which the President 
     determines and certifies to the appropriate congressional 
     committees that the Government of Vietnam has--
       (1) unconditionally released all political prisoners;
       (2) ceased its practices of violence, unlawful detention, 
     torture, and abuse of nationals of Vietnam while those 
     nationals are engaging in peaceful political activity; and
       (3) conducted a transparent investigation into the 
     killings, arrest, and abuse of peaceful political activists 
     in Vietnam and prosecuted those responsible.

     SEC. 1285. SENSE OF CONGRESS ON DESIGNATION OF VIETNAM AS A 
                   COUNTRY OF PARTICULAR CONCERN WITH RESPECT TO 
                   RELIGIOUS FREEDOM.

       It is the sense of Congress that--
       (1) the relationship between the United States and Vietnam 
     cannot progress while the record of the Government of Vietnam 
     with respect to human rights and the rule of law continues to 
     deteriorate;
       (2) the designation of Vietnam as a country of particular 
     concern for religious freedom pursuant to section 402(b)(1) 
     of the International Religious Freedom Act of 1998 (22 U.S.C. 
     6442(b)(1)) would be a powerful and effective tool in 
     highlighting abuses of religious freedom in Vietnam and in 
     encouraging improvement in the respect for human rights in 
     Vietnam; and
       (3) the Secretary of State should, in accordance with the 
     recommendation of the United States Commission on 
     International Religious Freedom, designate Vietnam as a 
     country of particular concern for religious freedom.
                                 ______
                                 
  SA 4287. Mr. TILLIS submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 563 and insert the following:

     SEC. 563. ACCESS TO DEPARTMENT OF DEFENSE INSTALLATIONS OF 
                   INSTITUTIONS OF HIGHER EDUCATION PROVIDING 
                   CERTAIN ADVISING AND STUDENT SUPPORT SERVICES.

       (a) In General.--Chapter 101 of title 10, United States 
     Code, is amended by inserting after section 2012 the 
     following new section:

     ``Sec. 2012a. Access to Department of Defense installations: 
       institutions of higher education providing certain advising 
       and student support services

       ``(a) Access.--
       ``(1) In general.--The Secretary of Defense may grant 
     access to Department of Defense installations to any 
     institution of higher education that--
       ``(A) has--
       ``(i) entered into a Voluntary Education Partnership 
     Memorandum of Understanding with the Department for the 
     purpose of providing at the installation concerned timely 
     face-to-face student advising and related support services to 
     members of the armed forces and other persons who are 
     eligible for assistance under Department of Defense 
     educational assistance programs and authorities; and
       ``(ii) been approved to provide such advising and support 
     services by the educational service office of the 
     installation concerned; or
       ``(B) has been approved by the base transition office of 
     the installation concerned to educate members of the armed 
     forces about education and employment after military service.
       ``(2) Scope of access.--Access under paragraph (1) shall be 
     granted in a nondiscriminatory manner to any institution 
     covered by that paragraph.
       ``(b) Regulations.--The Secretary shall prescribe in 
     regulations the time and place of access authorized pursuant 
     to subsection (a). The regulations shall provide the 
     following:
       ``(1) The opportunity for institutions of higher education 
     to receive access at times and places that ensure sufficient 
     opportunity for students to obtain advising and support 
     services described in subsection (a).
       ``(2) The opportunity for institutions of higher education 
     to receive sufficient access at times and places that ensure 
     maximum opportunity for members of the armed forces 
     transitioning to life after military service, as determined 
     by the base transition officer concerned, to receive 
     advising, student support services, and education pursuant to 
     this section.
       ``(3) Access shall be limited to face-to-face student 
     advisement and related support services for students and 
     members of the armed forces who have elected to participate 
     in the higher education track of the Transition Assistance 
     Program, and may not otherwise be used as an opportunity to 
     conduct recruitment or marketing activities.
       ``(c) Definitions.--In this section:
       ``(1) The term `Department of Defense educational 
     assistance programs and authorities' has the meaning given 
     the term `Department of Defense educational assistance 
     programs and authorities covered by this section' in section 
     2006a(c)(1) of this title.
       ``(2) The term `institution of higher education' has the 
     meaning given that term in section 2006a(c)(2) of this title.
       ``(3) The term `Voluntary Education Partnership Memorandum 
     of Understanding' has the meaning given that term in 
     Department of Defense Instruction 1322.25, entitled 
     `Voluntary Education Programs', or any successor Department 
     of Defense Instruction.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by 
     inserting after the item relating to section 2012 the 
     following new item:

``2012a. Access to Department of Defense installations: institutions of 
              higher education providing certain advising and student 
              support services.''.
                                 ______
                                 
  SA 4288. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1277. PRIORITIZING SPECIAL IMMIGRANT VISAS FOR IRAQI AND 
                   AFGHAN TRANSLATORS.

       The Secretary of State shall prioritize the issuance of 
     special immigrant visas authorized under--
       (1) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 
     note);
       (2) section 1244 of the Refugee Crisis in Iraq Act of 2007 
     (8 U.S.C. 1157 note); and
       (3) section 602 of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note).
                                 ______
                                 
  SA 4289. Mr. CRUZ (for himself and Mr. Graham) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for

[[Page S3319]]

other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1667. INCREASED FUNDING FOR CERTAIN MISSILE DEFENSE 
                   ACTIVITIES.

       (a) Procurement, Defense-wide.--The amount authorized to be 
     appropriated for fiscal year 2017 for the Department of 
     Defense by section 101 is hereby increased by $290,000,000, 
     with the amount of increase to be available for procurement, 
     Defense-wide, as specified in the funding table in section 
     4101 and available for procurement for purposes, and in 
     amounts, as follows:
       (1) Iron Dome, $20,000,000.
       (2) David's Sling Weapon System, $150,000,000.
       (3) Arrow 3 Upper Tier, $120,000,000.
       (b) RDT&E, Defense-wide.--The amount authorized to be 
     appropriated for fiscal year 2017 for the Department by 
     section 201 is hereby increased by $12,300,000, with the 
     amount of increase to be available for research, development, 
     test, and evaluation, Defense-wide, as specified in the 
     funding table in section 4201 and available for research, 
     development, test, and evaluation for purposes, and in 
     amounts, as follows:
       (1) David's Sling Weapon System, $10,000,000.
       (2) Arrow 3 Upper Tier, $2,300,000.
       (c) Construction.--Amounts available under this section for 
     purposes specified in this section are in addition to any 
     other amounts available for such purposes in this Act.
                                 ______
                                 
  SA 4290. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. RISK MANAGEMENT WITH RESPECT TO CIVIL UNMANNED 
                   AIRCRAFT SYSTEMS.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     coordination with the Administrator of the Federal Aviation 
     Administration and the heads of other relevant Federal 
     agencies, submit to Congress an assessment of risk posed by 
     civil unmanned aircraft systems operating at or below 400 
     feet above ground level to--
       (1) the safety of aircraft of the Armed Forces operating in 
     military special use airspace and on military training 
     routes; and
       (2) the security of military installations located in the 
     United States that directly support strategic operations of 
     the Armed Forces.
       (b) Addressing Identified Risks.--Not later than 180 days 
     after the Secretary submits to Congress the assessment 
     described in subsection (a), the Secretary and the 
     Administrator shall jointly, and in coordination with the 
     heads of other relevant Federal agencies--
       (1) assess the adequacy of current laws, regulations, 
     procedures, and activities to address risks described in the 
     assessment and identify additional actions that may be 
     appropriate and necessary to address such risks; and
       (2) submit to Congress a summary of the assessment and any 
     additional actions identified under paragraph (1).
       (c) Civil Unmanned Aircraft System Defined.--In this 
     section, the term ``civil unmanned aircraft system'' means an 
     unmanned aircraft system (as that term is defined in section 
     331 of the FAA Modernization and Reform Act of 2012 (Public 
     Law 112-95; 49 U.S.C. 40101 note)) that is a civil aircraft 
     (as that term is defined in section 40102 of title 49, United 
     States Code).
                                 ______
                                 
  SA 4291. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. TRANSFER OF HUMAN REMAINS.

       (a) Definitions.--In this section:
       (1) Claimant tribes.--The term ``claimant tribes'' means 
     the Indian tribes and band referred to in the letter from 
     Secretary of the Interior Bruce Babbitt to Secretary of the 
     Army Louis Caldera, relating to the human remains and dated 
     September 21, 2000.
       (2) Department.--The term ``Department'' means the 
     Washington State Department of Archaeology and Historic 
     Preservation.
       (3) Human remains.--The term ``human remains'' means the 
     human remains--
       (A) that are known as Kennewick Man or the Ancient One, 
     which includes the projectile point lodged in the right ilium 
     bone, as well as any residue from previous sampling and 
     studies; and
       (B) that are part of archaeological collection number 
     45BN495.
       (b) Transfer.--Notwithstanding any other provision of 
     Federal law or law of the State of Washington, including the 
     Native American Graves Protection and Repatriation Act (25 
     U.S.C. 3001 et seq.), not later than 90 days after the date 
     of enactment of this Act, the Secretary of the Army, acting 
     through the Chief of Engineers, shall transfer the human 
     remains to the Department, on the condition that the 
     Department, acting through the State Historic Preservation 
     Officer, disposes of the remains and repatriates the remains 
     to claimant tribes.
       (c) Cost.--The Corps of Engineers shall be responsible for 
     any costs associated with the transfer.
       (d) Limitations.--
       (1) In general.--The transfer shall be limited solely to 
     the human remains portion of the archaeological collection.
       (2) Corps of engineers.--The Corps of Engineers shall have 
     no further responsibility for the human remains transferred 
     pursuant to subsection (b) after the date of the transfer.
                                 ______
                                 
  SA 4292. Mr. CASEY (for himself and Mr. Moran) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 582. AUTHORITY FOR REIMBURSEMENT OF SPOUSES FOR COSTS OF 
                   PROFESSIONAL RE-LICENSURE AND RE-CERTIFICATION 
                   IN A NEW STATE IN CONNECTION WITH PERMANENT 
                   CHANGES OF STATION OF MEMBERS OF THE ARMED 
                   FORCES.

       Section 1784a(a) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(3)(A) If established under this subsection, the program 
     under this subsection shall provide for the reimbursement of 
     a spouse of a member of the armed forces described in 
     subsection (b) (and without regard to the exception in 
     subsection (c)) for costs incurred by the spouse in obtaining 
     professional re-licensure or re-certification in a new State 
     in association with the member's permanent change of station 
     to a location in such State.
       ``(B) Reimbursement under this paragraph shall be available 
     for any of the following:
       ``(i) Application fees to a State board, bar association, 
     or other certifying or licensing body.
       ``(ii) Exam fees and registration fees paid to a licensing 
     body.
       ``(iii) Costs of additional coursework required for 
     eligibility for licensing or certification specific to State 
     concerned (other than costs in connection with continuing 
     education courses).
       ``(C)(i) The total amount of reimbursement of a spouse 
     under this paragraph in connection with a particular change 
     of station may not exceed $500.
       ``(ii) Eligibility for reimbursement may not be limited by 
     the grade of the member concerned.
       ``(D) The total amount reimbursement under this paragraph 
     in any fiscal year may not exceed $2,000,000.
       ``(E) Reimbursements under this paragraph shall be 
     distributed on a quarterly basis.
       ``(F) This paragraph shall expire on the enactment of a 
     credit against the tax imposed by subpart B of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 for the taxable year an amount equal to the qualified 
     re-licensing costs of an individual who is married to a 
     member of the armed forces and who moves to another State 
     with such member under a permanent change of station 
     order.''.
                                 ______
                                 
  SA 4293. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1422. NATIONAL ACADEMIES OF SCIENCES STUDY ON 
                   CONVENTIONAL MUNITIONS DEMILITARIZATION 
                   ALTERNATIVE TECHNOLOGIES.

       (a) In General.--The Secretary of the Army shall enter into 
     an arrangement with the Board on Army Science and Technology 
     of the National Academies of Sciences, Engineering, and 
     Medicine to conduct a study of the conventional munitions 
     demilitarization program of the Department of Defense.
       (b) Elements.--The study required pursuant to subsection 
     (a) shall include the following:
       (1) A review of the current conventional munitions 
     demilitarization stockpile, including types of munitions and 
     types of materials contaminated with propellants or 
     energetics, and the disposal technologies used.

[[Page S3320]]

       (2) An analysis of disposal, treatment, and reuse 
     technologies, including technologies currently used by the 
     Department and emerging technologies used or being developed 
     by private or other governmental agencies, including a 
     comparison of cost, throughput capacity, personnel safety, 
     and environmental impacts.
       (3) An identification of munitions types for which 
     alternatives to open burning, open detonation, or non-closed 
     loop incineration/combustion are not used.
       (4) An identification and evaluation of any barriers to 
     full-scale deployment of alternatives to open burning, open 
     detonation, or non-closed loop incineration/combustion, and 
     recommendations to overcome such barriers.
       (5) An evaluation whether the maturation and deployment of 
     governmental or private technologies currently in research 
     and development would enhance the conventional munitions 
     demilitarization capabilities of the Department.
       (c) Submittal to Congress.--Not later than 18 months after 
     the date of the enactment of this Act, the Secretary shall 
     submit to the congressional defense committees the study 
     conducted pursuant to subsection (a).
                                 ______
                                 
  SA 4294. Mr. WYDEN (for himself and Ms. Hirono) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 306. REQUIREMENT TO ESTABLISH REPOSITORY FOR OPERATIONAL 
                   ENERGY-RELATED RESEARCH AND DEVELOPMENT EFFORTS 
                   OF DEPARTMENT OF DEFENSE.

       (a) Repository Required.--Not later than December 31, 2017, 
     the Secretary of Defense, acting through the Assistant 
     Secretary of Defense for Research and Engineering and in 
     collaboration with the Assistant Secretary of Defense for 
     Operational Energy Plans and Programs and the Secretaries of 
     the military departments, shall establish a centralized 
     repository for all operational energy-related research and 
     development efforts of the Department of Defense, including 
     with respect to the inception, operational, and complete 
     phases of such efforts.
       (b) Internet Access.--The Secretary of Defense shall ensure 
     that the repository required by subsection (a) is accessible 
     through an Internet website of the Department of Defense and 
     by all employees of the Department and members of the Armed 
     Forces whom the Secretary determines appropriate, including 
     all program managers involved in such research and 
     development efforts, to enable improved collaboration between 
     military departments on research and development efforts 
     described in subsection (a), enable sharing of best practices 
     and lessons learned relating to such efforts, and reduce 
     redundancy in such efforts.
                                 ______
                                 
  SA 4295. Mrs. SHAHEEN (for herself, Mr. Blumenthal, Mr. Murphy, Mrs. 
Boxer, Mrs. Murray, Mrs. Gillibrand, and Ms. Hirono) submitted an 
amendment intended to be proposed by her to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 740. REMOVAL OF RESTRICTIONS ON USE OF DEPARTMENT OF 
                   DEFENSE MEDICAL FACILITIES TO PERFORM 
                   ABORTIONS.

       Section 1093 of title 10, United States Code, is amended--
       (1) by striking subsection (b); and
       (2) in subsection (a), by striking ``(a) Restriction on Use 
     of Funds.--''.
                                 ______
                                 
  SA 4296. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Insert after section 332 the following:

     SEC. 332A. REVISED POLICY ON GROUND COMBAT AND CAMOUFLAGE 
                   UTILITY UNIFORMS.

       (a) Establishment of Policy.--Not later than October 1, 
     2018, the Secretary of Defense shall eliminate the 
     development and fielding of Armed Force-specific combat and 
     camouflage utility uniforms and families of uniforms in order 
     to adopt and field a common combat and camouflage utility 
     uniform or family of uniforms for specific combat 
     environments to be used by all members of the Armed Forces.
       (b) Prohibition.--Except as provided in subsection (c), 
     after the date of the enactment of this Act, the Secretary of 
     a military department may not adopt any new camouflage 
     pattern design or uniform fabric for any combat or camouflage 
     utility uniform or family of uniforms for use by an Armed 
     Force, unless--
       (1) the new design or fabric is a combat or camouflage 
     utility uniform or family of uniforms that will be adopted by 
     all Armed Forces;
       (2) the Secretary adopts a uniform already in use by 
     another Armed Force; or
       (3) the Secretary of Defense grants an exception based on 
     unique circumstances or operational requirements.
       (c) Exceptions.--Nothing in subsection (b) shall be 
     construed as--
       (1) prohibiting the development of combat and camouflage 
     utility uniforms and families of uniforms for use by 
     personnel assigned to or operating in support of the unified 
     combatant command for special operations forces described in 
     section 167 of title 10, United States Code;
       (2) prohibiting engineering modifications to existing 
     uniforms that improve the performance of combat and 
     camouflage utility uniforms, including power harnessing or 
     generating textiles, fire resistant fabrics, and anti-vector, 
     anti-microbial, and anti-bacterial treatments;
       (3) prohibiting the Secretary of a military department from 
     fielding ancillary uniform items, including headwear, 
     footwear, body armor, and any other such items as determined 
     by the Secretary; or
       (4) prohibiting the Secretary of a military department from 
     issuing vehicle crew uniforms.
       (d) Registration Required.--The Secretary of a military 
     department shall formally register with the Joint Clothing 
     and Textiles Governance Board all uniforms in use by an Armed 
     Force under the jurisdiction of the Secretary and all such 
     uniforms planned for use by such an Armed Force.
       (e) Limitation on Restriction.--The Secretary of a military 
     department may not prevent the Secretary of another military 
     department from authorizing the use of any combat or 
     camouflage utility uniform or family of uniforms.
       (f) Guidance Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     issue guidance to implement this section.
       (2) Content.--At a minimum, the guidance required by 
     paragraph (1) shall require the Secretary of each of the 
     military departments--
       (A) in cooperation with the commanders of the combatant 
     commands, including the unified combatant command for special 
     operations forces, to establish, by not later than 180 days 
     after the date of the enactment of this Act, joint criteria 
     for combat and camouflage utility uniforms and families of 
     uniforms, which shall be included in all new requirements 
     documents for such uniforms;
       (B) to continually work together to assess and develop new 
     technologies that could be incorporated into future combat 
     and camouflage utility uniforms and families of uniforms to 
     improve war fighter survivability;
       (C) to ensure that new combat and camouflage utility 
     uniforms and families of uniforms meet the geographic and 
     operational requirements of the commanders of the combatant 
     commands; and
       (D) to ensure that all new combat and camouflage utility 
     uniforms and families of uniforms achieve interoperability 
     with all components of individual war fighter systems, 
     including body armor, organizational clothing and individual 
     equipment, and other individual protective systems.
       (g) Repeal of Policy.--Section 352 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84, 
     123 Stat. 2262; 10 U.S.C. 771 note prec.) is repealed.
                                 ______
                                 
  SA 4297. Mr. DONNELLY submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 740. USE OF INPUT FROM SECRETARY OF VETERANS AFFAIRS IN 
                   DEVELOPING MENTAL HEALTH PROVIDER READINESS 
                   DESIGNATION FOR DEPARTMENT OF DEFENSE.

       Section 717 of the National Defense Authorization Act for 
     Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 1073 note) is 
     amended--
       (1) in subsection (a)(1)--
       (A) by inserting ``, with input from the Secretary of 
     Veterans Affairs,'' after ``Secretary of Defense''; and
       (B) by striking ``established by the Secretary'' and 
     inserting ``established by the Secretary of Defense'';
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``, with input from the 
     Secretary of Veterans Affairs,'' after ``Secretary of 
     Defense''; and
       (B) in paragraph (2), by striking ``The Secretary shall 
     update'' and inserting ``The Secretary of Defense shall 
     update'';

[[Page S3321]]

       (3) in subsection (c)(1), by amending subparagraph (B) to 
     read as follows:
       ``(B) is not a health care provider of the Department of 
     Defense or the Department of Veterans Affairs at a facility 
     of the Department of Defense or the Department of Veterans 
     Affairs; and'';
       (4) by redesignating subsection (c) as subsection (d); and
       (5) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed to permit the Secretary of Defense to indicate 
     that the Department of Veterans Affairs has certified or 
     otherwise approved of health care providers with a mental 
     health provider readiness designation under this section.''.
                                 ______
                                 
  SA 4298. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. NATIVE HAWAIIAN ORGANIZATION.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) in section 8(a) (15 U.S.C. 637(a))--
       (A) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in clause (i)(III), by striking ``an economically 
     disadvantaged Native Hawaiian organization'' and inserting 
     ``a Native Hawaiian Organization''; and
       (II) in clause (ii)(III), by striking ``an economically 
     disadvantaged Native Hawaiian organization'' and inserting 
     ``a Native Hawaiian Organization''; and

       (ii) in subparagraph (B)(iii), by striking 
     ``organizations'' and inserting ``Organizations''; and
       (B) in paragraph (15)(C), by striking ``such'' and 
     inserting ``economically disadvantaged individuals who are''; 
     and
       (2) in section 15(h)(2)(E)(vi) (15 U.S.C. 
     644(h)(2)(E)(vi)), in the matter preceding subclause (I), by 
     inserting ``(as defined in section 8(a)(15))'' after 
     ``Organization''.
                                 ______
                                 
  SA 4299. Mr. MURPHY (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1277. LIMITATIONS ON TRANSFER OF CERTAIN UNITED STATES 
                   MUNITIONS TO SAUDI ARABIA.

       (a) Sense of Congress.--It is the sense of Congress that no 
     funds authorized for the Defense Security Cooperation Agency 
     by this Act, any previous Act, or otherwise available to the 
     Agency may be used to carry out the provisions of the Arms 
     Export Control Act (22 U.S.C. 2751 et seq.), for the purposes 
     of implementing a sale of air to ground munitions to Saudi 
     Arabia unless the Government of Saudi Arabia--
       (1) demonstrates an ongoing effort to combat the mutual 
     threat our nations face from designated foreign terrorist 
     organizations; and
       (2) takes all feasible precautions to reduce the risk of 
     harm to civilians and civilian objects, in compliance with 
     international humanitarian law, in the course of military 
     actions it pursues for the purpose of legitimate self-defense 
     as described in section 4 of the Arms Export Control Act (22 
     U.S.C. 2754).
       (b) Definitions.--In this section:
       (1) Air-to-ground munitions.--The term ``air-to-ground'' 
     munitions means any United States bomb or missile designed as 
     a Category IV item on the United States Munitions List 
     pursuant to section 38 (a)(1) of the Arms Export Control Act 
     (22 U.S.C. 2778 (a)(1)).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations, the Committee on Armed Services, and 
     the Select Committee on Intelligence of the Senate.
       (3) Authorized sale.--The term ``authorized sale'' means 
     any sale of United States defense articles or services 
     authorized pursuant to the Arms Export Control Act.
       (4) Designated foreign terrorist organizations.--The term 
     ``designated foreign terrorist organizations'' means groups 
     designated by the United States as foreign terrorist 
     organizations pursuant to section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189) or Specially Designated 
     Global Terrorists pursuant to Executive Order 13224 (50 
     U.S.C. 1701 note).
       (5) Proposed sale.--The term ``proposed sale'' means any 
     sale notified to Congress pursuant to subsections (b) or (c) 
     of section 36 of the Arms Export Control Act (22 U.S.C. 
     2776).
       (c) Conditions of Transfer.--
       (1) Limitation.--No transfer to Saudi Arabia of United 
     States air-to-ground munitions may occur until the President 
     makes the certification described under subsection (d).
       (2) Certification at time of congressional notification.--
     Any notification to Congress made on or after the date of the 
     enactment of this Act with respect to a proposed sale to 
     Saudi Arabia of air-to-ground munitions shall be accompanied 
     by the certification described under subsection (d).
       (d) Conditions Required Prior to Sale.--The certification 
     described under this subsection is a certification by the 
     President to the appropriate congressional committees as 
     follows:
       (1) The Government of Saudi Arabia and its coalition 
     partners are taking all feasible precautions to reduce the 
     risk of harm to civilians and civilian objects to comply with 
     their obligations under international humanitarian law, which 
     includes minimizing harm to civilians, discriminating between 
     civilian objects and military objectives, and exercising 
     proportional use of force in the course of military actions 
     it pursues for the purpose of legitimate self-defense as 
     described in section 4 of the Arms Export Control Act (22 
     U.S.C. 2754).
       (2) The Government of Saudi Arabia and its coalition 
     partners are making demonstrable efforts to facilitate the 
     flow of critical humanitarian aid and commercial goods, 
     including commercial fuel and commodities not subject to 
     sanction or prohibition under United Nations Security Council 
     Resolution 2216 (2015).
       (3) The Government of Saudi Arabia is taking all necessary 
     measures to target designated foreign terrorist 
     organizations, including al Qaeda in the Arabian Peninsula 
     and affiliates of the Islamic State of Iraq and the Levant as 
     part of its military operations in Yemen.
       (e) Reporting Requirements.--
       (1) Reporting requirements.--Prior to any transfer of 
     United States air-to-ground munitions to Saudi Arabia 
     pursuant to an authorized sale to Saudi Arabia of air-to-
     ground munitions or the notification to Congress of a 
     proposed sale to Saudi Arabia of air-to-ground munitions, the 
     President or the President's designee shall provide a 
     briefing to the appropriate congressional committees. The 
     briefing shall include--
       (A) a description of the nature, content, costs, and 
     purposes of any United States support for the Government of 
     Saudi Arabia's coalition military operations in Yemen on or 
     after March 26, 2015;
       (B) an assessment of whether the Government of Saudi 
     Arabia's coalition operations have deliberately targeted 
     civilian infrastructure in Yemen on or after March 26, 2015, 
     and whether the armed forces of the Government of Saudi 
     Arabia and its coalition partners have taken all possible 
     steps to comply with the rules of distinction, 
     proportionality, and precautions, as regulated by Additional 
     Protocol I to the Geneva Conventions of 12 August 1949, and 
     Relating to the Protection of Victims of International Armed 
     Conflicts, done at Geneva June 8, 1977;
       (C) an assessment of whether the armed forces of Saudi 
     Arabia have used United States-origin munitions, including 
     cluster munitions, in any attacks against civilians or 
     civilian infrastructure in Yemen on or after March 26, 2015, 
     and how that affects the United States' credibility in the 
     region; and
       (D) an assessment of the effect of Saudi Arabia's military 
     operations in Yemen on its ability to contribute to United 
     States efforts to defeat al Qaeda in the Arabian Peninsula 
     and the Islamic State of Iraq and the Levant.
       (2) Form of briefing.--The briefing required under 
     paragraph (1) shall be conducted in an unclassified forum but 
     may be conducted in a classified setting as required.
       (f) Sunset.--This section shall cease to have effect three 
     years after the date of the enactment of this Act, unless 
     renewed.
                                 ______
                                 
  SA 4300. Mr. MURPHY (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 221. RESEARCH AND DEVELOPMENT ON SMART GUN TECHNOLOGY.

       The Director of the Defense Advanced Research Projects 
     Agency may, using funds authorized to be appropriated by this 
     Act or otherwise made available for fiscal year 2017 for the 
     Defense Advanced Research Projects Agency, carry out 
     research, development, test, and evaluation activities 
     relating to smart gun technology.
                                 ______
                                 
  SA 4301. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page S3322]]


  

       Strike section 882.
                                 ______
                                 
  SA 4302. Mr. DONNELLY (for himself, Mr. Cruz, and Mr. Manchin) 
submitted an amendment intended to be proposed by him to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1138. TIERED PREFERENCE ELIGIBILITY FOR MEMBERS OF 
                   RESERVE COMPONENTS OF THE ARMED FORCES.

       (a) Preference Eligibility for Members of Reserve 
     Components of the Armed Forces.--Section 2108 of title 5, 
     United States Code, is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (G), by striking ``and'' at the end;
       (B) in subparagraph (H), by adding ``and'' at the end; and
       (C) by inserting after subparagraph (H) the following:
       ``(I) a qualified reservist;'';
       (2) in paragraph (4), by striking ``and'' at the end;
       (3) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (4) by adding at the end the following:
       ``(6) `qualified reservist' means an individual who is a 
     member of a reserve component of the Armed Forces on the date 
     of the applicable determination--
       ``(A) who--
       ``(i) has completed at least 6 years of service in a 
     reserve component of the Armed Forces; and
       ``(ii) in each year of service in a reserve component of 
     the Armed Forces, was credited with at least 50 points under 
     section 12732 of title 10; or
       ``(B) who--
       ``(i) has completed at least 10 years of service in a 
     reserve component of the Armed Forces; and
       ``(ii) in each year of service in a reserve component of 
     the Armed Forces, was credited with at least 50 points under 
     section 12732 of title 10; and
       ``(7) `reserve component of the Armed Forces' means a 
     reserve component specified in section 101(27) of title 
     38.''.
       (b) Tiered Hiring Preference for Members of Reserve 
     Components of the Armed Forces.--Section 3309 of title 5, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``and'' at the end; and
       (2) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(3) a preference eligible described in section 2108(6)(B) 
     -- 3 points; and
       ``(4) a preference eligible described in section 2108(6)(A) 
     -- 2 points.''.
       (c) GAO Review.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report that--
       (1) assesses Federal employment opportunities for members 
     of a reserve component of the Armed Forces;
       (2) evaluates the impact of the amendments made by this 
     section on the hiring of reservists and veterans by the 
     Federal Government; and
       (3) provides recommendations, if any, for strengthening 
     Federal employment opportunities for members of a reserve 
     component of the Armed Forces.
                                 ______
                                 
  SA 4303. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 526. PLAN TO MEET THE DEMAND FOR CYBERSPACE CAREER 
                   FIELDS IN THE RESERVE COMPONENTS OF THE AIR 
                   FORCE.

       (a) Plan Required.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of the Air Force 
     shall submit to Congress a report setting forth a plan for 
     meeting the increased demand for cyberspace career fields in 
     the reserve components of the Air Force, in accordance with 
     the recommendations of the National Commission on the 
     Structure of the Air Force.
       (b) Elements.--The plan shall take into account the 
     following:
       (1) The availability of qualified local workforces.
       (2) Potential synergies with private sector companies 
     involved in cyberspace or educational institutions with 
     established cyberspace-related academic programs.
       (3) The potential for or proven record of Total Force 
     Integration with associated units or organizations in the 
     regular Air Force.
       (c) Metrics.--The plan shall include appropriate metrics 
     for use in the evaluation of the implementation of the plan.
                                 ______
                                 
  SA 4304. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 554. REPORTS ON INCIDENTS OF SEXUAL ASSAULT MADE BY 
                   MEMBERS OF THE ARMED FORCES TO HEALTH CARE 
                   PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS 
                   TREATABLE AS DEPARTMENT OF DEFENSE RESTRICTED 
                   REPORTS.

       (a) Treatment at Election of Members.--Under procedures 
     established by the Secretary of Veterans Affairs, a report on 
     an incident of sexual assault made by a member of the Armed 
     Forces to such health care personnel of the Department of 
     Veterans Affairs as the Secretary shall specify for purposes 
     of such procedures may, at the election of the member, be 
     treated as a Restricted Report on the incident for Department 
     of Defense purposes.
       (b) Transmittal to Department of Defense.--Under procedures 
     jointly established by the Secretary of Veterans Affairs and 
     the Secretary of Defense, a report on an incident of sexual 
     assault treated as a Restricted Report pursuant to subsection 
     (a) shall be transmitted by the Department of Veterans 
     Affairs to such personnel of the Department of Defense who 
     are authorized to access Restricted Reports on incidents of 
     sexual assault as the Secretary of Defense shall specify for 
     purposes of such procedures. The transmittal shall be made in 
     a manner that preserves for all purposes the confidential 
     nature of the report as a Restricted Report.
                                 ______
                                 
  SA 4305. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 562 and insert the following:

     SEC. 562. MODIFICATION OF PROGRAM TO ASSIST MEMBERS OF THE 
                   ARMED FORCES IN OBTAINING PROFESSIONAL 
                   CREDENTIALS.

       (a) Scope of Program.--Subsection (a)(1) of section 2015 of 
     title 10, United States Code, is amended by striking 
     ``incident to the performance of their military duties''.
       (b) Quality Assurance of Certification Programs and 
     Standards.--Subsection (c) of such section is amended--
       (1) in paragraph (1), by inserting before the period at the 
     end the following: ``, or meets the requirements in paragraph 
     (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) A credentialing program used in connection with the 
     program under subsection (a) is eligible for funds under 
     subsection (b) if successful completion of the program 
     results in a recognized postsecondary credential, meaning an 
     industry recognized certificate or certification, a 
     certificate of completion of an apprenticeship, or a license 
     recognized by a State or the Federal Government, and is 
     provided by an eligible training provider under section 122 
     of the Workforce Innovation and Opportunity Act (Public Law 
     113-128).''.
                                 ______
                                 
  SA 4306. Mr. INHOFE (for himself, Mr. Cruz, Mr. Rounds, Mr. Cotton, 
Mr. Hatch, Mr. Tillis, Mr. Rubio, Mr. Moran, Mr. Thune, Mr. Isakson, 
Mr. Lankford, Mr. Sessions, and Mrs. Ernst) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1031. ADVANCE NOTICE TO THE PUBLIC ON THE TRANSFER OR 
                   RELEASE OF INDIVIDUALS DETAINED AT UNITED 
                   STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

       (a) Advance Notice Required.--The Secretary of Defense 
     shall make public, not later than 21 days before the intended 
     date of transfer or release, a notice on the decision to 
     transfer or release any individual detained at Guantanamo.
       (b) Elements of Notice.--The notice on an individual 
     pursuant to subsection (a) shall include the following:
       (1) The name of the individual.
       (2) The location to which the individual will be 
     transferred or released.

[[Page S3323]]

       (3) A summary of the agreement, if any, made with the 
     government of the location accepting the transfer or release 
     of the individual.
       (4) The actions taken to mitigate the risks of the transfer 
     or release of the individual from United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) Individual Detained at Guantanamo Defined.--In this 
     section, the term ``individual detained at Guantanamo'' means 
     any individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of June 24, 2009, who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the control of the Department 
     of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay.
                                 ______
                                 
  SA 4307. Mr. JOHNSON (for himself, Mr. Leahy, Ms. Murkowski, and Mr. 
Schumer) submitted an amendment intended to be proposed by him to the 
bill S. 2943, to authorize appropriations for fiscal year 2017 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. JURISDICTION OVER OFFENSES COMMITTED BY CERTAIN 
                   UNITED STATES PERSONNEL STATIONED IN CANADA.

       (a) Short Title.--This section may be cited as the 
     ``Promoting Travel, Commerce, and National Security Act of 
     2016''.
       (b) Amendment.--Chapter 212A of title 18, United States 
     Code, is amended--
       (1) in the chapter heading, by striking ``TRAFFICKING IN 
     PERSONS''; and
       (2) by adding after section 3272 the following:

     ``Sec. 3273. Offenses committed by certain United States 
       personnel stationed in Canada in furtherance of border 
       security initiatives

       ``(a) In General.--Whoever, while employed by the 
     Department of Homeland Security or the Department of Justice 
     and stationed or deployed in Canada pursuant to a treaty, 
     executive agreement, or bilateral memorandum in furtherance 
     of a border security initiative, engages in conduct (or 
     conspires or attempts to engage in conduct) in Canada that 
     would constitute an offense for which a person may be 
     prosecuted in a court of the United States had the conduct 
     been engaged in within the United States or within the 
     special maritime and territorial jurisdiction of the United 
     States shall be fined or imprisoned, or both, as provided for 
     that offense.
       ``(b) Definition.--In this section, the term `employed by 
     the Department of Homeland Security or the Department of 
     Justice' means--
       ``(1) being employed as a civilian employee, a contractor 
     (including a subcontractor at any tier), or an employee of a 
     contractor (or a subcontractor at any tier) of the Department 
     of Homeland Security or the Department of Justice;
       ``(2) being present or residing in Canada in connection 
     with such employment; and
       ``(3) not being a national of or ordinarily resident in 
     Canada.''.
       (c) Technical and Conforming Amendments.--Part II of title 
     18, United States Code, is amended--
       (1) in the table of chapters, by striking the item relating 
     to chapter 212A and inserting the following:

``212A.  Extraterritorial jurisdiction over certain offenses3271'';....

     and
       (2) in the table of sections for chapter 212A, by inserting 
     after the item relating to section 3272 the following:

``3273. Offenses committed by certain United States personnel stationed 
              in Canada in furtherance of border security 
              initiatives.''.
       (d) Rule of Construction.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     infringe upon or otherwise affect the exercise of 
     prosecutorial discretion by the Department of Justice in 
     implementing this section and the amendments made by this 
     section.
                                 ______
                                 
  SA 4308. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. TREATMENT OF CERTAIN INDIVIDUALS PERFORMING 
                   SERVICES IN THE SINAI PENINSULA OF EGYPT.

       (a) In General.--For purposes of the following provisions 
     of the Internal Revenue Code of 1986, a qualified hazardous 
     duty area shall be treated in the same manner as if it were a 
     combat zone (as determined under section 112 of such Code):
       (1) Section 2(a)(3) (relating to special rule where 
     deceased spouse was in missing status).
       (2) Section 112 (relating to the exclusion of certain 
     combat pay of members of the Armed Forces).
       (3) Section 692 (relating to income taxes of members of 
     Armed Forces on death).
       (4) Section 2201 (relating to members of the Armed Forces 
     dying in combat zone or by reason of combat-zone-incurred 
     wounds, etc.).
       (5) Section 3401(a)(1) (defining wages relating to combat 
     pay for members of the Armed Forces).
       (6) Section 4253(d) (relating to the taxation of phone 
     service originating from a combat zone from members of the 
     Armed Forces).
       (7) Section 6013(f)(1) (relating to joint return where 
     individual is in missing status).
       (8) Section 7508 (relating to time for performing certain 
     acts postponed by reason of service in combat zone).
       (b) Qualified Hazardous Duty Area.--For purposes of this 
     section, the term ``qualified hazardous duty area'' means the 
     Sinai Peninsula of Egypt, if as of the date of the enactment 
     of this section any member of the Armed Forces of the United 
     States is entitled to special pay under section 310 of title 
     37, United States Code (relating to special pay; duty subject 
     to hostile fire or imminent danger) for services performed in 
     such location. Such term includes such location only during 
     the period such entitlement is in effect.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     provisions of this section shall take effect on June 9, 2015.
       (2) Withholding.--Subsection (a)(5) shall apply to 
     remuneration paid after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 4309. Mr. CORNYN (for himself, Mr. Blumenthal, Mr. Kirk, Mr. 
Coons, and Mr. Rubio) submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1227. REPORT ON AIRPORTS USED BY MAHAN AIR.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter through 
     2020, the Secretary of Homeland Security, in consultation 
     with the Secretary of Transportation, the Secretary of State, 
     the Secretary of the Treasury, and the Director of National 
     Intelligence, shall submit to Congress a report that 
     includes--
       (1) a list of all airports at which aircraft owned or 
     controlled by Mahan Air have landed during the 2 years 
     preceding the submission of the report; and
       (2) for each such airport--
       (A) an assessment of whether aircraft owned or controlled 
     by Mahan Air continue to conduct operations at that airport;
       (B) an assessment of whether any of the landings of 
     aircraft owned or controlled by Mahan Air were necessitated 
     by an emergency situation;
       (C) a determination regarding whether additional security 
     measures should be imposed on flights to the United States 
     that originate from that airport; and
       (D) an explanation of the rationale for that determination.
       (b) Form of Report.--Each report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (c) Publication of List.--The list required by subsection 
     (a)(1) shall be publicly and prominently posted on the 
     website of the Department of Homeland Security on the date on 
     which the report required by subsection (a) is submitted to 
     Congress.
                                 ______
                                 
  SA 4310. Mrs. GILLIBRAND (for herself, Ms. Baldwin, Mr. Wyden, Mr. 
Udall, Mr. Kirk, Ms. Murkowski, Mr. Grassley, Mr. Paul, Mr. Blumenthal, 
Ms. Stabenow, Mr. Heller, Mrs. Boxer, Ms. Hirono, Mr. Vitter, Ms. 
Klobuchar, Mr. Brown, Ms. Warren, Mr. Leahy, Mr. Durbin, Mr. Donnelly, 
Mr. Heinrich, Mr. Markey, Mr. Menendez, Mr. Coons, Mr. Merkley, Mr. 
Franken, Mr. Cruz, Mrs. Shaheen, Ms. Heitkamp, Mr. Booker, Mr. Sanders, 
Mr. Casey, Mr. Peters, and Mr. Schumer) submitted an amendment intended 
to be proposed by her to the bill S. 2943, to authorize appropriations 
for fiscal year 2017 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

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

[[Page S3324]]

  


           PART III--UNIFORM CODE OF MILITARY JUSTICE REFORM

     SEC. 556. SHORT TITLE.

       This part may be cited as the ``Military Justice 
     Improvement Act of 2016''.

     SEC. 557. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED 
                   TO TRIAL BY COURT-MARTIAL ON CHARGES ON CERTAIN 
                   OFFENSES WITH AUTHORIZED MAXIMUM SENTENCE OF 
                   CONFINEMENT OF MORE THAN ONE YEAR.

       (a) Modification of Authority.--
       (1) In general.--
       (A) Military departments.--With respect to charges under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice), that allege an offense specified in 
     paragraph (2) and not excluded under paragraph (3), the 
     Secretary of Defense shall require the Secretaries of the 
     military departments to provide for the determination under 
     section 830(b) of such chapter (article 30(b) of the Uniform 
     Code of Military Justice) on whether to try such charges by 
     court-martial as provided in paragraph (4).
       (B) Homeland security.--With respect to charges under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice), that allege an offense specified in 
     paragraph (2) and not excluded under paragraph (3) against a 
     member of the Coast Guard (when it is not operating as a 
     service in the Navy), the Secretary of Homeland Security 
     shall provide for the determination under section 830(b) of 
     such chapter (article 30(b) of the Uniform Code of Military 
     Justice) on whether to try such charges by court-martial as 
     provided in paragraph (4).
       (2) Covered offenses.--An offense specified in this 
     paragraph is an offense as follows:
       (A) An offense under chapter 47 of title 10, United States 
     Code (the Uniform Code of Military Justice), that is triable 
     by court-martial under that chapter for which the maximum 
     punishment authorized under that chapter includes confinement 
     for more than one year.
       (B) An offense of retaliation for reporting a crime under 
     section 893 of title 10, United States Code (article 93 of 
     the Uniform Code of Military Justice), as amended by section 
     559B of this Act, regardless of the maximum punishment 
     authorized under that chapter for such offense.
       (C) An offense under section 907a of title 10, United 
     States Code (article 107a of the Uniform Code of Military 
     Justice), as added by section 559C of this Act, regardless of 
     the maximum punishment authorized under that chapter for such 
     offense.
       (D) A conspiracy to commit an offense specified in 
     subparagraph (A) through (C) as punishable under section 881 
     of title 10, United States Code (article 81 of the Uniform 
     Code of Military Justice).
       (E) A solicitation to commit an offense specified in 
     subparagraph (A) through (C) as punishable under section 882 
     of title 10, United States Code (article 82 of the Uniform 
     Code of Military Justice).
       (F) An attempt to commit an offense specified in 
     subparagraphs (A) through (E) as punishable under section 880 
     of title 10, United States Code (article 80 of the Uniform 
     Code of Military Justice).
       (3) Excluded offenses.--Paragraph (1) does not apply to an 
     offense as follows:
       (A) An offense under sections 883 through 917 of title 10, 
     United States Code (articles 83 through 117 of the Uniform 
     Code of Military Justice).
       (B) An offense under section 933 or 934 of title 10, United 
     States Code (articles 133 and 134 of the Uniform Code of 
     Military Justice).
       (C) A conspiracy to commit an offense specified in 
     subparagraph (A) or (B) as punishable under section 881 of 
     title 10, United States Code (article 81 of the Uniform Code 
     of Military Justice).
       (D) A solicitation to commit an offense specified in 
     subparagraph (A) or (B) as punishable under section 882 of 
     title 10, United States Code (article 82 of the Uniform Code 
     of Military Justice).
       (E) An attempt to commit an offense specified in 
     subparagraph (A) through (D) as punishable under section 880 
     of title 10, United States Code (article 80 of the Uniform 
     Code of Military Justice).
       (4) Requirements and limitations.--The disposition of 
     charges pursuant to paragraph (1) shall be subject to the 
     following:
       (A) The determination whether to try such charges by court-
     martial shall be made by a commissioned officer of the Armed 
     Forces designated in accordance with regulations prescribed 
     for purposes of this subsection from among commissioned 
     officers of the Armed Forces in grade O-6 or higher who--
       (i) are available for detail as trial counsel under section 
     827 of title 10, United States Code (article 27 of the 
     Uniform Code of Military Justice);
       (ii) have significant experience in trials by general or 
     special court-martial; and
       (iii) are outside the chain of command of the member 
     subject to such charges.
       (B) Upon a determination under subparagraph (A) to try such 
     charges by court-martial, the officer making that 
     determination shall determine whether to try such charges by 
     a general court-martial convened under section 822 of title 
     10, United States Code (article 22 of the Uniform Code of 
     Military Justice), or a special court-martial convened under 
     section 823 of title 10, United States Code (article 23 of 
     the Uniform Code of Military Justice).
       (C) A determination under subparagraph (A) to try charges 
     by court-martial shall include a determination to try all 
     known offenses, including lesser included offenses.
       (D) The determination to try such charges by court-martial 
     under subparagraph (A), and by type of court-martial under 
     subparagraph (B), shall be binding on any applicable 
     convening authority for a trial by court-martial on such 
     charges.
       (E) The actions of an officer described in subparagraph (A) 
     in determining under that subparagraph whether or not to try 
     charges by court-martial shall be free of unlawful or 
     unauthorized influence or coercion.
       (F) The determination under subparagraph (A) not to proceed 
     to trial of such charges by general or special court-martial 
     shall not operate to terminate or otherwise alter the 
     authority of commanding officers to refer such charges for 
     trial by summary court-martial convened under section 824 of 
     title 10, United States Code (article 24 of the Uniform Code 
     of Military Justice), or to impose non-judicial punishment in 
     connection with the conduct covered by such charges as 
     authorized by section 815 of title 10, United States Code 
     (article 15 of the Uniform Code of Military Justice).
       (5) Construction with charges on other offenses.--Nothing 
     in this subsection shall be construed to alter or affect the 
     disposition of charges under chapter 47 of title 10, United 
     States Code (the Uniform Code of Military Justice), that 
     allege an offense triable by court-martial under that chapter 
     for which the maximum punishment authorized under that 
     chapter includes confinement for one year or less.
       (6) Policies and procedures.--
       (A) In general.--The Secretaries of the military 
     departments and the Secretary of Homeland Security (with 
     respect to the Coast Guard when it is not operating as a 
     service in the Navy) shall revise policies and procedures as 
     necessary to comply with this subsection.
       (B) Uniformity.--The General Counsel of the Department of 
     Defense and the General Counsel of the Department of Homeland 
     Security shall jointly review the policies and procedures 
     revised under this paragraph in order to ensure that any lack 
     of uniformity in policies and procedures, as so revised, 
     among the military departments and the Department of Homeland 
     Security does not render unconstitutional any policy or 
     procedure, as so revised.
       (7) Manual for courts-martial.--The Secretary of Defense 
     shall recommend such changes to the Manual for Courts-Martial 
     as are necessary to ensure compliance with this subsection.
       (b) Effective Date and Applicability.--Subsection (a), and 
     the revisions required by that subsection, shall take effect 
     on the date that is 180 days after the date of the enactment 
     of this Act, and shall apply with respect to charges 
     preferred under section 830 of title 10, United States Code 
     (article 30 of the Uniform Code of Military Justice), on or 
     after such effective date.

     SEC. 558. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE 
                   GENERAL AND SPECIAL COURTS-MARTIAL.

       (a) In General.--Subsection (a) of section 822 of title 10, 
     United States Code (article 22 of the Uniform Code of 
     Military Justice), is amended--
       (1) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (2) by inserting after paragraph (7) the following new 
     paragraph (8):
       ``(8) the officers in the offices established pursuant to 
     section 558(c) of the National Defense Authorization Act for 
     Fiscal Year 2017 or officers in the grade of O-6 or higher 
     who are assigned such responsibility by the Chief of Staff of 
     the Army, the Chief of Naval Operations, the Chief of Staff 
     of the Air Force, the Commandant of the Marine Corps, or the 
     Commandant of the Coast Guard, but only with respect to 
     offenses to which section 557(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 2017 applies;''.
       (b) No Exercise by Officers in Chain of Command of Accused 
     or Victim.--Such section (article) is further amended by 
     adding at the end the following new subsection:
       ``(c) An officer specified in subsection (a)(8) may not 
     convene a court-martial under this section if the officer is 
     in the chain of command of the accused or the victim.''.
       (c) Offices of Chiefs of Staff on Courts-Martial.--
       (1) Offices required.--Each Chief of Staff of the Armed 
     Forces or Commandant specified in paragraph (8) of section 
     822(a) of title 10, United States Code (article 22(a) of the 
     Uniform Code of Military Justice), as amended by subsection 
     (a), shall establish an office to do the following:
       (A) To convene general and special courts-martial under 
     sections 822 and 823 of title 10, United States Code 
     (articles 22 and 23 of the Uniform Code of Military Justice), 
     pursuant to paragraph (8) of section 822(a) of title 10, 
     United States Code (article 22(a) of the Uniform Code of 
     Military Justice), as so amended, with respect to offenses to 
     which section 557(a)(1) applies.
       (B) To detail under section 825 of title 10, United States 
     Code (article 25 of the Uniform Code of Military Justice), 
     members of courts-martial convened as described in 
     subparagraph (A).
       (2) Personnel.--The personnel of each office established 
     under paragraph (1) shall consist of such members of the 
     Armed Forces and civilian personnel of the Department of 
     Defense, or such members of the Coast Guard or civilian 
     personnel of the Department of Homeland Security, as may be 
     detailed or assigned to the office by the Chief of Staff or

[[Page S3325]]

     Commandant concerned. The members and personnel so detailed 
     or assigned, as the case may be, shall be detailed or 
     assigned from personnel billets in existence on the date of 
     the enactment of this Act.

     SEC. 559. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND 
                   RESOURCES.

       (a) In General.--The Secretaries of the military 
     departments and the Secretary of Homeland Security (with 
     respect to the Coast Guard when it is not operating as a 
     service in the Navy) shall carry out sections 557 and 558 
     using personnel, funds, and resources otherwise authorized by 
     law.
       (b) No Authorization of Additional Personnel or 
     Resources.--Sections 557 and 558 shall not be construed as 
     authorizations for personnel, personnel billets, or funds for 
     the discharge of the requirements in such sections.

     SEC. 559A. MONITORING AND ASSESSMENT OF MODIFICATION OF 
                   AUTHORITIES ON COURTS-MARTIAL BY INDEPENDENT 
                   PANEL ON REVIEW AND ASSESSMENT OF PROCEEDINGS 
                   UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

       Section 576(d)(2) of the National Defense Authorization Act 
     for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762) is 
     amended--
       (1) by redesignating subparagraph (J) as subparagraph (K); 
     and
       (2) by inserting after subparagraph (I) the following new 
     subparagraph (J):
       ``(J) Monitor and assess the implementation and efficacy of 
     sections 557 through 559 of the National Defense 
     Authorization Act for Fiscal Year 2017.''.

     SEC. 559B. EXPLICIT CODIFICATION OF RETALIATION FOR REPORTING 
                   A CRIME AS AN OFFENSE UNDER THE UNIFORM CODE OF 
                   MILITARY JUSTICE.

       (a) In General.--Section 893 of title 10, United States 
     Code (article 93 of the Uniform Code of Military Justice), is 
     amended--
       (1) by inserting ``(a)'' before ``Any person'';
       (2) in subsection (a), as so designated, by inserting ``, 
     or retaliating against any person subject to his orders for 
     reporting a criminal offense,'' after ``any person subject to 
     his orders''; and
       (3) by adding at the end the following new subsection:
       ``(b) This section (article) is the sole section of this 
     chapter under which the offense of retaliating against any 
     person subject to a person's orders for reporting a criminal 
     offense as described in subsection (a) is punishable.''.
       (b) Conforming Amendments.--
       (1) Section (article) heading.--The heading of such section 
     (article) is amended to read as follows:

     ``Sec. 893. Art. 93. Cruelty and maltreatment; retaliation 
       for reporting a crime''.

       (2) Table of sections (articles).--The table of sections at 
     the beginning of subchapter X of chapter 47 of such title is 
     amended by striking the item relating to section 893 (article 
     93) and inserting the following new item:

``893. Art. 93. Cruelty and maltreatment; retaliation for reporting a 
              crime.''.
       (c) Repeal of Superseded Prohibition.--Section 1709 of the 
     National Defense Authorization Act for Fiscal Year 2014 
     (Public Law 113-66; 127 Stat. 962; 10 U.S.C. 113 note) is 
     repealed.

     SEC. 559C. ESTABLISHMENT OF OBSTRUCTION OF JUSTICE AS A 
                   SEPARATE OFFENCE UNDER THE UNIFORM CODE OF 
                   MILITARY JUSTICE.

       (a) Punitive Article.--Subchapter X of chapter 47 of title 
     10, United States Code (the Uniform Code of Military 
     Justice), is amended by inserting after section 907 (article 
     107) the following new section (article):

     ``Sec. 907a. Art. 107a. Obstruction of justice

       ``(a) Any person subject to this chapter who wrongfully 
     does a certain act with the intent to influence, impede, or 
     otherwise obstruct the due administration of justice shall be 
     punished as a court-martial may direct, except that the 
     maximum punishment authorized for such offense may not exceed 
     dishonorable discharge, forfeiture of all pay and allowances, 
     and confinement for not more than five years.
       ``(b) This section (article) is the sole section of this 
     chapter under which an offense described in subsection (a) is 
     punishable.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter X of chapter 47 of such title, as 
     amended by section 559B(b)(2) of this Act, is further amended 
     by inserting after the item relating to section 907 (article 
     107) the following new item:

``907a. Art. 107a. Obstruction of justice.''.
                                 ______
                                 
  SA 4311. Mr. PETERS (for himself, Ms. Hirono, and Mr. Wyden) 
submitted an amendment intended to be proposed by him to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 221. AUTHORIZATION FOR RESEARCH TO IMPROVE MILITARY 
                   VEHICLE TECHNOLOGY TO INCREASE FUEL ECONOMY OR 
                   REDUCE FUEL CONSUMPTION OF MILITARY GROUND 
                   VEHICLES USED IN COMBAT.

       (a) Research Authorized.--The Secretary of Defense, acting 
     through the Assistant Secretary of Defense for Research and 
     Engineering and in collaboration with the Secretary of the 
     Army, the Secretary of the Navy, and the Director of the 
     Defense Advanced Research Projects Agency, may carry out 
     research to improve military ground vehicle technology to 
     increase fuel economy or reduce fuel consumption of military 
     ground vehicles used in combat.
       (b) Previous Successes.--The Secretary of Defense shall 
     ensure that research carried out under subsection (a) takes 
     into account the successes of, and lessons learned during, 
     previous Department of Defense, Department of Energy, and 
     private sector efforts to identify, assess, develop, 
     demonstrate, and prototype technologies that support 
     increasing fuel economy or decreasing fuel consumption of 
     military ground vehicles, while balancing survivability, in 
     furtherance of military missions.
                                 ______
                                 
  SA 4312. Mr. PETERS (for himself, Ms. Hirono, and Mr. Wyden) 
submitted an amendment intended to be proposed by him to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 306. ESTABLISHMENT OF DEPARTMENT OF DEFENSE ALTERNATIVE 
                   FUELED VEHICLE INFRASTRUCTURE FUND.

       (a) Establishment of Fund.--There is established in the 
     Treasury a fund to be known as the ``Department of Defense 
     Alternative Fuel Vehicle Infrastructure Fund''.
       (b) Deposits.--The Fund shall consist of the following:
       (1) Amounts appropriated to the Fund.
       (2) Amounts earned through investment under subsection (c).
       (3) Any other amounts made available to the Fund by law.
       (c) Investments.--The Secretary shall invest any part of 
     the Fund that the Secretary decides is not required to meet 
     current expenses. Each investment shall be made in an 
     interest-bearing obligation of the United States Government, 
     or an obligation that has its principal and interest 
     guaranteed by the Government, that the Secretary decides has 
     a maturity suitable for the Fund.
       (d) Use of Funds.--Amounts in the Fund shall be available 
     to the Secretary, acting through the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics, to 
     install, operate, and maintain alternative fuel dispensing 
     stations for use by alternative fueled vehicles of the 
     Department of Defense and other infrastructure necessary to 
     fuel alternative fueled vehicles of the Department.
       (e) Definitions.--In this section:
       (1) Alternative fuel.--The term ``alternative fuel'' has 
     the meaning given such term in section 32901 of title 49, 
     United States Code.
       (2) Alternative fueled vehicle.--The term ``alternative 
     fueled vehicle'' means a vehicle that operates on alternative 
     fuel.
       (3) Fund.--The term ``Fund'' means the fund established 
     under subsection (a).
                                 ______
                                 
  SA 4313. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. REPORT ON DEFENSE NUCLEAR NONPROLIFERATION 
                   RESEARCH AND DEVELOPMENT PROJECTS.

       (a) Findings.--Congress makes the following findings:
       (1) The Joint Comprehensive Plan of Action (JCPOA) provides 
     for the long term presence of the International Atomic Energy 
     Agency (IAEA) in Iran using modern technologies in Annex I, 
     section N.
       (2) The JCPOA allows the IAEA to utilize on-line enrichment 
     measurement and electronic seals as well as other 
     internationally accepted modern technologies for inspection 
     and verification of compliance.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Deputy Administrator for Defense 
     Nuclear Nonproliferation shall submit to Congress a report 
     that contains at a minimum the following elements:
       (1) A description of ongoing, planned, and anticipated 
     defense nuclear nonproliferation research and development 
     projects and activities.
       (2) A strategy for improving arms control agreement 
     verification capabilities, including improving the capability 
     and accuracy of nonproliferation verification technologies 
     that comply with the JCPOA.
       (c) Joint Comprehensive Plan of Action Defined.--The term 
     ``Joint Comprehensive Plan of Action'' means the Joint 
     Comprehensive Plan of Action signed at Vienna on July

[[Page S3326]]

     14, 2015, by Iran and by France, Germany, the Russian 
     Federation, the People's Republic of China, the United 
     Kingdom, and the United States.
                                 ______
                                 
  SA 4314. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1227. AUTHORITY TO PROVIDE ASSISTANCE AND TRAINING TO 
                   INCREASE MARITIME SECURITY AND DOMAIN AWARENESS 
                   OF FOREIGN COUNTRIES BORDERING THE PERSIAN 
                   GULF, ARABIAN SEA, OR MEDITERRANEAN SEA.

       (a) Purpose.--The purpose of this section is to authorize 
     assistance and training to increase maritime security and 
     domain awareness of foreign countries bordering the Persian 
     Gulf, the Arabian Sea, or the Mediterranean Sea in order to 
     deter and counter illicit smuggling and related maritime 
     activity by Iran, including illicit Iranian weapons 
     shipments.
       (b) Authority.--
       (1) In general.--To carry out the purpose of this section 
     as described in subsection (a), the Secretary of Defense, 
     with the concurrence of the Secretary of State, is 
     authorized--
       (A) to provide training to the national military or other 
     security forces of Israel, Bahrain, Saudi Arabia, the United 
     Arab Emirates, Oman, Kuwait, and Qatar that have among their 
     functional responsibilities maritime security missions; and
       (B) to provide training to ministry, agency, and 
     headquarters level organizations for such forces.
       (2) Designation.--The provision of assistance and training 
     under this section may be referred to as the ``Counter Iran 
     Maritime Initiative''.
       (c) Types of Training.--
       (1) Authorized elements of training.--Training provided 
     under subsection (b)(1)(A) may include the provision of de 
     minimis equipment, supplies, and small-scale military 
     construction.
       (2) Required elements of training.--Training provided under 
     subsection (b) shall include elements that promote the 
     following:
       (A) Observance of and respect for human rights and 
     fundamental freedoms.
       (B) Respect for legitimate civilian authority within the 
     country to which the assistance is provided.
       (d) Availability of Funds.--Of the amount authorized to be 
     appropriated for fiscal year 2017 by section 301 and 
     available for operation and maintenance for Defense-wide 
     activities as specified in the funding table in section 4301, 
     $50,000,000 shall be available only for the provision of 
     assistance and training under subsection (b).
       (e) Cost Sharing.--
       (1) Sense of congress.--It is the sense of Congress that, 
     given income parity among recipient countries, the Secretary 
     of Defense, with the concurrence of the Secretary of State, 
     should seek, through appropriate bilateral and multilateral 
     arrangements, payments sufficient in amount to offset any 
     training costs associated with implementation of subsection 
     (b).
       (2) Cost-sharing agreement.--The Secretary of Defense, with 
     the concurrence of the Secretary of State, shall negotiate a 
     cost-sharing agreement with a recipient country regarding the 
     cost of any training provided pursuant to section (b). The 
     agreement shall set forth the terms of cost sharing that the 
     Secretary of Defense determines are necessary and 
     appropriate, but such terms shall not be less than 50 percent 
     of the overall cost of the training.
       (3) Credit to appropriations.--The portion of such cost-
     sharing received by the Secretary of Defense pursuant to this 
     subsection may be credited towards appropriations available 
     for operation and maintenance for Defense-wide activities as 
     specified in the funding table in section 4301.
       (f) Notice to Congress on Training.--Not later than 15 days 
     before exercising the authority under subsection (b) with 
     respect to a recipient country, the Secretary of Defense 
     shall submit to the appropriate congressional committees a 
     notification containing the following:
       (1) An identification of the recipient country.
       (2) A detailed justification of the program for the 
     provision of the training concerned, and its relationship to 
     United States security interests.
       (3) The budget for the program, including a timetable of 
     planned expenditures of funds to implement the program, an 
     implementation time-line for the program with milestones 
     (including anticipated delivery schedules for any assistance 
     and training under the program), the military department or 
     component responsible for management of the program, and the 
     anticipated completion date for the program.
       (4) A description of the arrangements, if any, to support 
     recipient country sustainment of any capability developed 
     pursuant to the program, and the source of funds to support 
     sustainment efforts and performance outcomes to be achieved 
     under the program beyond its completion date, if applicable.
       (5) A description of the program objectives and an 
     assessment framework to be used to develop capability and 
     performance metrics associated with operational outcomes for 
     the recipient force.
       (6) Such other matters as the Secretary considers 
     appropriate.
       (g) Definition.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (h) Termination.--Assistance and training may not be 
     provided under this section after September 30, 2020.
                                 ______
                                 
  SA 4315. Mr. PETERS (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1097. REPORT ON MILITARY TRAINING FOR OPERATIONS IN 
                   DENSELY POPULATED URBAN TERRAIN.

       (a) Findings.--Congress makes the following findings:
       (1) Despite years of contingency operations in densely 
     populated urban areas, the United States Armed Forces 
     continue to rely on crude mock-ups of city blocks for urban 
     training.
       (2) Current urban training complexes do not offer 
     sufficient capability to train or exercise joint, combined 
     arms or large units in a dense urban landscape of tall 
     buildings and other obstacles inhabited by millions of 
     people.
       (3) Combat units from all military services train in 
     facilities that are significantly smaller and less complex 
     than the real-world urban environments of today and of the 
     megacity challenges anticipated in the future.
       (4) The military services have identified the training gap, 
     but do not have the resources or funding to invest in the 
     development of massive cities with the infrastructure and 
     obstacles that would be encountered during a contingency in 
     dense urban environments.
       (5) In 2015, the Chief of Staff of the Army published 
     guidance to subordinate organizations to continue to develop 
     concepts and capabilities related to all aspects of the dense 
     urban terrain challenge.
       (6) The United States Army Training and Doctrine Command 
     (TRADOC) was directed to assume the leadership for the 
     development of solutions to address the myriad of challenges 
     operating in dense urban terrain, including requirements for 
     the developing an urban studies program to increase 
     operational leader understanding of urban environments, 
     advancing material solutions for current and future megacity 
     challenges, and improving urban systems modeling 
     capabilities.
       (b) Report.--
       (1) In general.--Not later than February 1, 2017, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on plans and initiatives to 
     enhance existing urban training concepts, capabilities, and 
     facilities, and to provide for new training opportunities 
     that will more closely resemble large, dense, heavily 
     populated urban environments. The report should include 
     specific efforts to provide for a realistic environment for 
     the training of large units with joint assets and recently 
     fielded technologies to exercise new tactics, techniques, and 
     procedures, including consideration of anticipated urban 
     military operations in or near the littoral environment and 
     maritime domain as well as the cyber domain.
       (2) Form.--The report required under paragraph (1) may be 
     submitted in classified or unclassified form.
                                 ______
                                 
  SA 4316. Mr. ROUNDS (for himself and Mr. Casey) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

[[Page S3327]]

  


     SEC. 709. EXPEDITED EVALUATION AND TREATMENT FOR PRENATAL 
                   SURGERY UNDER THE TRICARE PROGRAM.

       (a) In General.--The Secretary of Defense shall implement 
     processes and procedures to ensure that a covered beneficiary 
     under the TRICARE program whose pregnancy is complicated with 
     a fetal anomaly or suspected of being complicated with a 
     fetal anomaly receives, in an expedited manner and at the 
     discretion of the covered beneficiary, evaluation and 
     treatment from a perinatal or pediatric specialist capable of 
     providing surgical management and intervention in utero.
       (b) Definitions.--In this section, the terms ``covered 
     beneficiary'' and ``TRICARE program'' have the meanings given 
     those terms in section 1072 of title 10, United States Code.
                                 ______
                                 
  SA 4317. Ms. HIRONO (for herself, Ms. Murkowski, and Ms. Cantwell) 
submitted an amendment intended to be proposed by her to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title XII, insert the 
     following:

     SEC. 1277. SENSE OF CONGRESS ON COMMITMENT TO THE REPUBLIC OF 
                   PALAU.

       (a) Findings.--Congress makes the following findings:
       (1) The Republic of Palau is comprised of 300 islands and 
     covers roughly 177 square miles strategically located in the 
     western Pacific Ocean between the Philippines and the United 
     States territory of Guam.
       (2) The United States and Palau have forged close security, 
     economic and cultural ties since the United States defeated 
     the armed forces of Imperial Japan in Palau in 1944.
       (3) The United States administered Palau as a District of 
     the United Nations Trust Territory of the Pacific Islands 
     from 1947 to 1994.
       (4) In 1994, the United States and Palau entered into a 50-
     year Compact of Free Association which provided for the 
     independence of Palau and set forth the terms for close and 
     mutually beneficial relations in security, economic, and 
     governmental affairs.
       (5) The security terms of the Compact grant the United 
     States full authority and responsibility for the security and 
     defense of Palau, including the exclusive right to deny any 
     nation's military forces access to the territory of Palau 
     except the United States, an important element of our Pacific 
     strategy for defense of the United States homeland, and the 
     right to establish and use defense sites in Palau.
       (6) The Compact entitles any citizen of Palau to volunteer 
     for service in the United States Armed Forces, and they do so 
     at a rate that exceeds that of any of the 50 States.
       (7) In 2009, and in accordance with section 432 of the 
     Compact, the United States and Palau reviewed their overall 
     relationship. In 2010, the two nations signed an agreement 
     updating and extending several provisions of the Compact, 
     including an extension of United States financial and program 
     assistance to Palau, and establishing increased post-9/11 
     immigration protections. However, the United States has not 
     yet approved this Agreement or provided the assistance as 
     called for in the Agreement.
       (8) Beginning in 2010 and most recently on February 22, 
     2016, the Department of the Interior, the Department of 
     State, and the Department of Defense have sent letters to 
     Speaker of the House of Representatives and the President Pro 
     Tempore of the Senate transmitting the legislation to approve 
     the 2010 United States Palau Agreement including an analysis 
     of the budgetary impact of the legislation.
       (9) The February 22, 2016, letter concluded, ``Approving 
     the results of the Agreement is important to the national 
     security of the United States, stability in the Western 
     Pacific region, our bilateral relationship with Palau and to 
     the United States' broader strategic interest in the Asia-
     Pacific region.''
       (10) On May 20, 2016, the Department of Defense submitted a 
     letter to the Chairmen and Ranking Members of the 
     congressional defense committees in support of including 
     legislation enacting the agreement in the fiscal year 2017 
     National Defense Authorization Act and concluded that its 
     inclusion advances United States national security objectives 
     in the region.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) to fulfill the promise and commitment of the United 
     States to its ally, the Republic of Palau, and reaffirm this 
     special relationship and strengthen the ability of the United 
     States to defend the homeland, Congress and the President 
     should promptly enact the Compact Review Agreement signed by 
     the United States and Palau in 2010; and
       (2) Congress and the President should immediately seek a 
     mutually acceptable solution to approving the Compact Review 
     Agreement and ensuring adequate budgetary resources are 
     allocated to meet United States obligations under the Compact 
     through enacting legislation, including through this Act.
                                 ______
                                 
  SA 4318. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 306. AIR FORCE REPORT ON PERFLUOROOCTANOIC ACID (PFOA) 
                   AND PERFLUOROOCTANE SULFONATES (PFOS) 
                   CONTAMINATION AT CERTAIN MILITARY 
                   INSTALLATIONS.

       (a) Finding.--Congress makes the following findings:
       (1) An increasing number of communities across New York 
     have reportedly identified the presence of perfluorooctanoic 
     acid (PFOA) and perfluorooctane sulfonates (PFOS), which can 
     contaminate water and cause adverse health effects.
       (2) According to reports, levels of PFOA and PFOS have been 
     detected in the public and private water supplies in the 
     cities of Newburgh and Plattsburgh and the towns of Hoosick 
     Falls and Petersburgh, New York. Public and private wells in 
     these communities are being tested by the New York Department 
     of Environmental Conservation (DEC) and the New York 
     Department of Health (DOH) .
       (3) The Environmental Protection Agency (EPA) has 
     identified PFOA as an ``emerging contaminant,'' and in 2009, 
     the EPA issued an updated provisional health advisory for 
     drinking water of 70 parts per trillion for PFOA and PFOS.
       (b) Report.--
       (1) In general.--Not later than September 1, 2016, the 
     Secretary of the Air Force, in collaboration with the 
     Administrator of the Environmental Protection Agency, shall 
     submit to Congress a report on perfluorooctanoic acid (PFOA) 
     and perfluorooctane sulfonates (PFOS) contamination at 
     Stewart Air National Guard Base, Newburgh, Plattsburgh, 
     Hoosick Falls, and Petersburgh, New York.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) An update on the cleanups underway at Stewart Air 
     National Guard Base, Newburgh, Plattsburgh, Hoosick Falls, 
     and Petersburgh.
       (B) An update on the Air Force's efforts to identify and 
     notify everyone affected or impacted by the contamination.
       (C) An assessment of the Air Force's role, if any, in the 
     new contaminations.
       (D) A summary of the Air Force's support, where 
     appropriate, for the EPA with respect to the latest 
     contaminations.
                                 ______
                                 
  SA 4319. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an 
amendment intended to be proposed by her to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1097. USE OF REVENUE AT A PREVIOUSLY ASSOCIATED AIRPORT.

       Section 40117 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(n) Use of Revenues at a Previously Associated Airport.--
     Notwithstanding the requirements relating to airport control 
     under subsection (b)(1), the Secretary may authorize use of a 
     passenger facility charge under subsection (b) to finance an 
     eligible airport-related project if--
       ``(1) the eligible agency seeking to impose the new charge 
     controls an airport where a $2.00 passenger facility charge 
     became effective on January 1, 2013; and
       ``(2) the location of the project to be financed by the new 
     charge is at an airport that was under the control of the 
     same eligible agency that had controlled the airport 
     described in paragraph (1).''.
                                 ______
                                 
  SA 4320. Mr. SCHATZ (for himself, Mrs. Gillibrand, Mr. Murphy, Mr. 
Whitehouse, Ms. Baldwin, Ms. Warren, Mr. Brown, Mr. Durbin, Mr. Wyden, 
Mrs. Boxer, Mr. Tester, Mr. Blumenthal, Mr. Udall, Mr. Merkley, Mr. 
Sanders, Mrs. McCaskill, Mr. Leahy, Ms. Cantwell, Mrs. Murray, Ms. 
Hirono, Mr. Carper, Ms. Heitkamp, Mr. Coons, Mr. Bennet, Mr. Booker, 
Mrs. Shaheen, Mr. Heinrich, Mr. Peters, Mr. Schumer, and Mr. Reid) 
submitted an amendment intended to be proposed by him to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel

[[Page S3328]]

strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       Insert after section 536 the following:

     SEC. 536A. REVIEW OF DISCHARGE CHARACTERIZATION.

       (a) In General.--In accordance with this section, the 
     appropriate discharge boards--
       (1) shall review the discharge characterization of covered 
     members at the request of the covered member; and
       (2) if such characterization is any characterization except 
     honorable, may change such characterization to honorable.
       (b) Criteria.--In changing the discharge characterization 
     of a covered member to honorable under subsection (a)(2), the 
     Secretary of Defense shall ensure that such changes are 
     carried out consistently and uniformly across the military 
     departments using the following criteria:
       (1) The original discharge must be based on Don't Ask Don't 
     Tell (in this Act referred to as ``DADT'') or a similar 
     policy in place prior to the enactment of DADT.
       (2) Such discharge characterization shall be so changed if, 
     with respect to the original discharge, there were no 
     aggravating circumstances, such as misconduct, that would 
     have independently led to a discharge characterization that 
     was any characterization except honorable. For purposes of 
     this paragraph, such aggravating circumstances may not 
     include--
       (A) an offense under section 925 of title 10, United States 
     Code (article 125 of the Uniform Code of Military Justice), 
     committed by a covered member against a person of the same 
     sex with the consent of such person; or
       (B) statements, consensual sexual conduct, or consensual 
     acts relating to sexual orientation or identity, or the 
     disclosure of such statements, conduct, or acts, that were 
     prohibited at the time of discharge but after the date of 
     such discharge became permitted.
       (3) When requesting a review, a covered member, or the 
     member's representative, shall be required to provide 
     either--
       (A) documents consisting of--
       (i) a copy of the DD-214 form of the member;
       (ii) a personal affidavit of the circumstances surrounding 
     the discharge; and
       (iii) any relevant records pertaining to the discharge; or
       (B) an affidavit certifying that the member, or the 
     member's representative, does not have the documents 
     specified in subparagraph (A).
       (4) If a covered member provides an affidavit described in 
     subparagraph (B) of paragraph (3)--
       (A) the appropriate discharge board shall make every effort 
     to locate the documents specified in subparagraph (A) of such 
     paragraph within the records of the Department of Defense; 
     and
       (B) the absence of such documents may not be considered a 
     reason to deny a change of the discharge characterization 
     under subsection (a)(2).
       (c) Request for Review.--The appropriate discharge board 
     shall ensure the mechanism by which covered members, or their 
     representative, may request to have the discharge 
     characterization of the covered member reviewed under this 
     section is simple and straightforward.
       (d) Review.--
       (1) In general.--After a request has been made under 
     subsection (c), the appropriate discharge board shall review 
     all relevant laws, records of oral testimony previously 
     taken, service records, or any other relevant information 
     regarding the discharge characterization of the covered 
     member.
       (2) Additional materials.--If additional materials are 
     necessary for the review, the appropriate discharge board--
       (A) may request additional information from the covered 
     member or the member's representative, in writing, and 
     specifically detailing what is being requested; and
       (B) shall be responsible for obtaining a copy of the 
     necessary files of the covered member from the member, or 
     when applicable, from the Department of Defense.
       (e) Change of Characterization.--The appropriate discharge 
     board shall change the discharge characterization of a 
     covered member to honorable if such change is determined to 
     be appropriate after a review is conducted under subsection 
     (d) pursuant to the criteria under subsection (b). A covered 
     member, or the member's representative, may appeal a decision 
     by the appropriate discharge board to not change the 
     discharge characterization by using the regular appeals 
     process of the board.
       (f) Change of Records.--For each covered member whose 
     discharge characterization is changed under subsection (e), 
     or for each covered member who was honorably discharged but 
     whose DD-214 form reflects the sexual orientation of the 
     member, the Secretary of Defense shall reissue to the member 
     or the member's representative a revised DD-214 form that 
     reflects the following:
       (1) For each covered member discharged, the Separation 
     Code, Reentry Code, Narrative Code, and Separation Authority 
     shall not reflect the sexual orientation of the member and 
     shall be placed under secretarial authority. Any other 
     similar indication of the sexual orientation or reason for 
     discharge shall be removed or changed accordingly to be 
     consistent with this paragraph.
       (2) For each covered member whose discharge occurred prior 
     to the creation of general secretarial authority, the 
     sections of the DD-214 form referred to paragraph (1) shall 
     be changed to similarly reflect a universal authority with 
     codes, authorities, and language applicable at the time of 
     discharge.
       (g) Status.--
       (1) In general.--Each covered member whose discharge 
     characterization is changed under subsection (e) shall be 
     treated without regard to the original discharge 
     characterization of the member, including for purposes of--
       (A) benefits provided by the Federal Government to an 
     individual by reason of service in the Armed Forces; and
       (B) all recognitions and honors that the Secretary of 
     Defense provides to members of the Armed Forces.
       (2) Reinstatement.--In carrying out paragraph (1)(B), the 
     Secretary shall reinstate all recognitions and honors of a 
     covered member whose discharge characterization is changed 
     under subsection (e) that the Secretary withheld because of 
     the original discharge characterization of the member.
       (h) Reports.--
       (1) Review.--The Secretary of Defense shall conduct a 
     review of the consistency and uniformity of the reviews 
     conducted under section 2.
       (2) Reports.--Not later than 270 days after the date of the 
     enactment of this Act, and each year thereafter for a four-
     year period, the Secretary shall submit to Congress a report 
     on the reviews under paragraph (1). Such reports shall 
     include any comments or recommendations for continued 
     actions.
       (i) Historical Review.--The Secretary of each military 
     department shall ensure that oral historians of the 
     department--
       (1) review the facts and circumstances surrounding the 
     estimated 100,000 members of the Armed Forces discharged from 
     the Armed Forces between World War II and September 2011 
     because of the sexual orientation of the member; and
       (2) receive oral testimony of individuals who personally 
     experienced discrimination and discharge because of the 
     actual or perceived sexual orientation of the individual so 
     that such testimony may serve as an official record of these 
     discriminatory policies and their impact on American lives.
       (j) Definitions.--In this section:
       (1) The term ``appropriate discharge board'' means the 
     boards for correction of military records under section 1552 
     of title 10, United States Code, or the discharge review 
     boards under section 1553 of such title, as the case may be.
       (2) The term ``covered member'' means any former member of 
     the Armed Forces who was discharged from the Armed Forces 
     because of the sexual orientation of the member.
       (3) The term ``discharge characterization'' means the 
     characterization under which a member of the Armed Forces is 
     discharged or released, including ``dishonorable'', 
     ``general'', ``other than honorable'', and ``honorable''.
       (4) The term ``Don't Ask Don't Tell'' means section 654 of 
     title 10, United States Code, as in effect before such 
     section was repealed pursuant to the Don't Ask, Don't Tell 
     Repeal Act of 2010 (Public Law 111-321).
       (5) The term ``representative'' means the surviving spouse, 
     next of kin, or legal representative of a covered member.
                                 ______
                                 
  SA 4321. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1247. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   UNITED STATES INTERESTS IN THE FREELY 
                   ASSOCIATED STATES.

       (a) Report Required.--Not later than December 1, 2017, the 
     Comptroller General of the United States shall submit to the 
     congressional defense committees a report setting forth the 
     results of a study, conducted by the Comptroller General for 
     purposes of the report, on United States security and foreign 
     policy interests in the Freely Associated States of the 
     Republic of Palau, the Republic of the Marshall Islands, and 
     the Federated States of Micronesia.
       (b) Elements.--The study required pursuant to subsection 
     (a) shall address the following:
       (1) The role of the Compacts of Free Association in 
     promoting United States defense and foreign policy interests, 
     and the status of the obligations of the United States and 
     the Freely Associated States under the Compacts of Free 
     Association.
       (2) The economic assistance practices of the People's 
     Republic of China in the Freely Associated States, and the 
     implications of such practices for United States defense and 
     foreign policy interests in the Freely Associated States and 
     the Pacific region.
       (3) The economic assistance practices of other countries in 
     the Freely Associated States, as determined by the 
     Comptroller General, and the implications of such practices 
     for United States defense and foreign policy interests in the 
     Freely Associated States and the Pacific region.
       (4) Any other matters the Comptroller General considers 
     appropriate.
       (c) Consultation.--The Comptroller General shall consult in 
     the preparation of the

[[Page S3329]]

     report with other departments and agencies of the United 
     States Government, including elements of the intelligence 
     community.
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified for, but may include a classified 
     annex.
                                 ______
                                 
  SA 4322. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 583. GAO REPORT ON IMPACT AID CONSTRUCTION PROGRAMS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a comprehensive study that--
       (1) examines the implementation of section 8007 of the 
     Elementary and Secondary Education Act of 1965 (for fiscal 
     year 2016 and any preceding fiscal year, and as in effect for 
     such fiscal year) and section 7007 of that Act (for each of 
     fiscal years 2017 and 2018, and as in effect for such fiscal 
     year), including a comparison of--
       (A) the distribution of payments between subparagraphs (A) 
     and (B) of subsection (a)(3) of those sections, as 
     applicable, for the period of the 10 fiscal years preceding 
     the fiscal year of the study;
       (B) other Federal funding made available to local 
     educational agencies eligible to receive funding under 
     subsection (a)(3) of those sections; and
       (C) the overall level of available capital funding of local 
     educational agencies eligible to receive funding under 
     subsection (a)(3) of those sections compared to other 
     comparable local educational agencies;
       (2) evaluates unmet need as of the date of enactment of 
     this section for housing of professionals employed to work at 
     schools operated by local educational agencies eligible to 
     receive funding under subsection (a)(3)(B) of section 7007 of 
     the Elementary and Secondary Education Act of 1965 (as in 
     effect for fiscal year 2017);
       (3) to the extent practicable, determines the age, 
     condition, and remaining utility of school facilities for 
     those local educational agencies enrolling students described 
     in subparagraph (B) or (C) of section 7003(a)(1) of that Act 
     (as in effect for fiscal year 2017) that are eligible to 
     receive a basic support payment under--
       (A) section 8003(b) of that Act (for any of fiscal years 
     2009 through 2016, and as in effect for such fiscal year); 
     and
       (B) section 7003(b) of that Act (for any of fiscal years 
     2017 and 2018, and as in effect for such fiscal year); and
       (4) recommends a method by which the Federal Government may 
     develop a school facility condition index for a school 
     facility of a local educational agency eligible to receive 
     funding under 7007(a)(3) of that Act (as in effect for fiscal 
     year 2017) that limits the reporting burden to the maximum 
     extent practicable on the eligible local educational agencies 
     included in the index.
       (b) Reporting.--The Comptroller General shall submit a 
     report containing the conclusions of the study under 
     subsection (a) to--
       (1) the Committees on Indian Affairs, Armed Services, and 
     Health, Education, Labor, and Pensions of the Senate; and
       (2) the Subcommittee on Indian, Insular, and Alaska Native 
     Affairs and the Committees on Education and the Workforce and 
     Armed Services of the House of Representatives.
       (c) Timeframe.--The Comptroller General shall complete the 
     study under subsection (a) and submit the report under 
     subsection (b) by the date that is not later than 18 months 
     after the date of enactment of this Act.
       (d) Definition of School Facility.--In this section, the 
     term ``school facility'' has the meaning given the term in 
     section 7013 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7713), as in effect for fiscal year 2017.
                                 ______
                                 
  SA 4323. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 604.
                                 ______
                                 
  SA 4324. Mr. SCOTT (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 583. MILITARY SCHOLARSHIPS.

       (a) Purpose.--The purpose of this section is to ensure 
     high-quality education for children of military personnel who 
     live on military installations and thus have less freedom to 
     exercise school choice for their children, in order to 
     improve the ability of the Armed Forces to retain such 
     military personnel.
       (b) Military Scholarship Program.--
       (1) Definitions.--In this section:
       (A) ESEA definitions.--The terms ``child'', ``elementary 
     school'', ``secondary school'', and ``local educational 
     agency'' have the meanings given the terms in section 8101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (B) Eligible military student.--The term ``eligible 
     military student'' means a child who--
       (i) is a military dependent student;
       (ii) lives on a military installation selected to 
     participate in the program under paragraph (2)(B); and
       (iii) chooses to attend a participating school, rather than 
     a school otherwise assigned to the child.
       (C) Military dependent student.--The term ``military 
     dependent student'' has the meaning given the term in section 
     572(e) of the National Defense Authorization Act for Fiscal 
     Year 2006 (20 U.S.C. 7703b(e)).
       (D) Participating school.--The term ``participating 
     school'' means a public or private elementary school or 
     secondary school that--
       (i) accepts scholarship funds provided under this section 
     on behalf of an eligible military student for the costs of 
     tuition, fees, or transportation of the eligible military 
     student; and
       (ii) is accredited, licensed, or otherwise operating in 
     accordance with State law.
       (E) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (2) Program authorized.--
       (A) In general.--From amounts made available under 
     paragraph (7) and beginning for the first full school year 
     following the date of enactment of this Act, the Secretary 
     shall carry out a 5-year pilot program to award scholarships 
     to enable eligible military students to attend the public or 
     private elementary schools or secondary schools selected by 
     the eligible military students' parents.
       (B) Scope of program.--
       (i) In general.--The Secretary shall select not less than 5 
     military installations to participate in the pilot program 
     described in subparagraph (A). In making such selection, the 
     Secretary shall choose military installations that where 
     eligible military students would most benefit from expanded 
     educational options.
       (ii) Ineligibility.--A military installation that provides, 
     on its premises, education for all elementary school and 
     secondary school grade levels through 1 or more Department of 
     Defense dependents' schools shall not be eligible for 
     participation in the program.
       (C) Amount of scholarships.--
       (i) In general.--The annual amount of each scholarship 
     awarded to an eligible military student under this section 
     shall not exceed the lesser of--

       (I) the cost of tuition, fees, and transportation 
     associated with attending the participating school selected 
     by the parents of the student; or
       (II)(aa) in the case of an eligible military student 
     attending elementary school--

       (AA) $8,000 for the first full school year following the 
     date of enactment of this Act; or
       (BB) the amount determined under clause (ii) for each 
     school year following such first full school year; or

       (bb) in the case of an eligible military student attending 
     secondary school--

       (AA) $12,000 for the first full school year following the 
     date of enactment of this Act; or
       (BB) the amount determined under clause (ii) for each 
     school year following such first full school year.
       (ii) Adjustment for inflation.--For each school year after 
     the first full school year following the date of enactment of 
     this Act, the amounts specified in items (aa) and (bb) of 
     clause (i)(II) shall be adjusted to reflect changes for the 
     12-month period ending the preceding June in the Consumer 
     Price Index for All Urban Consumers published by the Bureau 
     of Labor Statistics of the Department of Labor.
       (D) Payments to parents.--The Secretary shall make 
     scholarship payments under this section to the parent of the 
     eligible military student in a manner that ensures such 
     payments will be used for the payment of tuition, fees, and 
     transportation expenses (if any) in accordance with this 
     section.
       (3) Selection of scholarships recipients.--
       (A) Random selection.--If more eligible military students 
     apply for scholarships under the program under this section 
     than the Secretary can accommodate, the Secretary shall 
     select the scholarship recipients through a random selection 
     process from students who submitted applications by the 
     application deadline specified by the Secretary.
       (B) Continued eligibility.--
       (i) In general.--An individual who is selected to receive a 
     scholarship under the program under this section shall 
     continue to receive a scholarship for each year of the 
     program until the individual--

[[Page S3330]]

       (I) graduates from secondary school or elects to no longer 
     participate in the program;
       (II) exceeds the maximum age for which the State in which 
     the student lives provides a free public education; or
       (III) is no longer an eligible military student.

       (ii) Continued participation for military transfers.--

       (I) Transfer to private non-military housing.--
     Notwithstanding clause (i)(III), an individual receiving a 
     scholarship under this section for a school year who meets 
     the requirements of clauses (i) and (iii) of paragraph (1)(B) 
     and whose family, during such school year, moves into private 
     non-military housing that is not considered to be part of the 
     military installation, shall continue to receive the 
     scholarship for use at the participating school for the 
     remaining portion of the school year.
       (II) Transfer to a different military installation.--
     Notwithstanding clause(i)(III), an individual receiving a 
     scholarship under this section for a school year whose family 
     is transferred to a different military installation shall no 
     longer be eligible to receive such scholarship beginning on 
     the date of the transfer. Such individual may apply to 
     participate in any program offered under this section for the 
     new military installation for a subsequent school year, if 
     such individual qualifies as an eligible military student for 
     such school year.

       (4) Nondiscrimination and other provisions.--
       (A) Non-discrimination.--A participating school shall not 
     discriminate against program participants or applicants on 
     the basis of race, color, national origin, or sex.
       (B) Applicability and single-sex schools, classes, or 
     activities.--
       (i) In general.--Notwithstanding any other provision of 
     law, the prohibition of sex discrimination in subparagraph 
     (A) shall not apply to a participating school that is 
     operated by, supervised by, controlled by, or connected to a 
     religious organization to the extent that the application of 
     subparagraph (A) is inconsistent with the religious tenets or 
     beliefs of the school.
       (ii) Single-sex schools, classes, or activities.--
     Notwithstanding subparagraph (A) or any other provision of 
     law, a parent may choose, and a participating school may 
     offer, a single-sex school, class, or activity.
       (C) Children with disabilities.--Nothing in this section 
     may be construed to alter or modify the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.).
       (D) Rules of conduct and other school policies.--A 
     participating school, including the schools described in 
     paragraph (5), may require eligible students to abide by any 
     rules of conduct and other requirements applicable to all 
     other students at the school.
       (5) Religiously affiliated schools.--
       (A) In general.--Notwithstanding any other provision of 
     law, a participating school that is operated by, supervised 
     by, controlled by, or connected to, a religious organization 
     may exercise its right in matters of employment consistent 
     with title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.), including the exemptions in that title.
       (B) Maintenance of purpose.--Notwithstanding any other 
     provision of law, funds made available under this section to 
     eligible military students that are received by a 
     participating school, as a result of their parents' choice, 
     shall not, consistent with the first amendment of the 
     Constitution of the United States--
       (i) necessitate any change in the participating school's 
     teaching mission;
       (ii) require any private participating school to remove 
     religious art, icons, scriptures, or other symbols; or
       (iii) preclude any private participating school from 
     retaining religious terms in its name, selecting its board 
     members on a religious basis, or including religious 
     references in its mission statements and other chartering or 
     governing documents.
       (6) Reports.--
       (A) Annual reports.--Not later than July 30 of the year 
     following the year of the date of enactment of this Act, and 
     each subsequent year through the year in which the final 
     report is submitted under subparagraph (B), the Secretary 
     shall prepare and submit to Congress an interim report on the 
     scholarships awarded under the pilot program under this 
     section that includes the content described in subparagraph 
     (C) for the applicable school year of the report.
       (B) Final report.--Not later than 90 days after the end of 
     the pilot program under this section, the Secretary shall 
     prepare and submit to Congress a report on the scholarships 
     awarded under the program that includes the content described 
     in subparagraph (C) for each school year of the program.
       (C) Content.--Each annual report under subparagraph (A) and 
     the final report under subparagraph (B) shall contain--
       (i) the number of applicants for scholarships under this 
     section;
       (ii) the number, and the average dollar amount, of 
     scholarships awarded;
       (iii) the number of participating schools;
       (iv) the number of elementary school students receiving 
     scholarships under this section and the number of secondary 
     school students receiving such scholarships; and
       (v) the results of a survey, conducted by the Secretary, 
     regarding parental satisfaction with the scholarship program 
     under this section.
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2017 through 2021.
       (8) Offset in department of education salaries.--
     Notwithstanding any other provision of law, for fiscal year 
     2017 and each of the 4 succeeding fiscal years, the Secretary 
     of Education shall return to the Treasury $10,000,000 of the 
     amounts made available to the Secretary for salaries and 
     expenses of the Department of Education for such year.
                                 ______
                                 
  SA 4325. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1031. ADDITIONAL REPORTS ON TRANSFER OF INDIVIDUALS 
                   DETAINED AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES.

       (a) Report Required Upon Transfer.--
       (1) Report.--Upon the transfer of an individual detained at 
     Guantanamo to a foreign country, the Secretary of Defense 
     shall submit to the appropriate committees of Congress a 
     report on any written or unwritten agreement or memorandum of 
     understanding between the United States Government and the 
     government of the country regarding the transfer of the 
     individual.
       (2) Elements.--The report on an individual under paragraph 
     (1) shall set forth the following:
       (A) The prospective status of the individual after transfer 
     to the country concerned.
       (B) The capacity of the country to securely detain or 
     monitor the individual, or both.
       (C) The actions the country will take to mitigate the risk 
     of recidivism by the individual.
       (D) An assessment of the security environment in the 
     country.
       (E) A list of individuals detained at Guantanamo previously 
     transferred to the country, if any, and the current known 
     status of each such individual.
       (F) A plan to periodically assess the status of the 
     individual and the compliance of the country with any written 
     or unwritten agreement or memorandum of understanding 
     described in subsection (a).
       (G) An assessment of security cooperation between the 
     United States and the country, and a description of any 
     security assistance provided to the country--
       (i) in connection with the transfer; and
       (ii) during the two-year period ending on the date of the 
     report.
       (H) Any other incentives provided by the United States 
     Government to the country to accept the transfer of the 
     individual.
       (b) Reports Required After Transfer.--
       (1) In general.--The Secretary shall submit to the 
     appropriate committees of Congress, with the frequency 
     specified in paragraph (2), a report on each individual 
     detained at Guantanamo who is transferred to a foreign 
     county. Each such report shall include the following:
       (A) A description of the compliance of such country with 
     any written or unwritten agreement or memorandum of 
     understanding between the United States Government and the 
     government of such country regarding the transfer of the 
     individual.
       (B) A description of the status of each individual detained 
     at Guantanamo who was previously transferred to such country, 
     regardless of when transferred.
       (2) Frequency.--A report shall be submitted under paragraph 
     (1) on an individual as follows:
       (A) Not later than six months after transfer.
       (B) Not later than one year after transfer.
       (C) Not later than annually thereafter.
       (c) Construction With Other Reporting Requirements.--The 
     reports required under this section in connection with the 
     transfer of an individual detained at Guantanamo are in 
     addition to any other reports required in connection with the 
     transfer of the individual under any other provision of law.
       (d) Publication.--Each report under this section shall be 
     published in the Federal Register in unclassified form.
       (e) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) The term ``individual detained at Guantanamo'' means 
     any individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (B) is--
       (i) in the custody or under the control of the Department 
     of Defense; or

[[Page S3331]]

       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.

     SEC. 1032. REPORT ON INDIVIDUALS DETAINED AT UNITED STATES 
                   NAVAL STATION, GUANTANAMO BAY, CUBA, WHOSE 
                   STATUS WAS REVISED AFTER 2010 FINAL REPORT OF 
                   THE GUANTANAMO REVIEW TASK FORCE.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate committees of Congress a report on 
     the individuals detained at United States Naval Station, 
     Guantanamo Bay, Cuba, whose status was revised after the 
     January 22, 2010, Final Report of the Guantanamo Review Task 
     Force.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) Name and number of each individual detained at 
     Guantanamo whose status was revised after the January 22, 
     2010, Final Report of the Guantanamo Review Task Force.
       (2) An explanation for the revision in status of each such 
     individual.
       (3) The name of each individual detained at Guantanamo who 
     was designated in the Final Report of the Guantanamo Review 
     Task Force as too dangerous to transfer, but had the status 
     revised and was subsequently transferred from United States 
     Naval Station, Guantanamo Bay, Cuba.
       (4) The place to which each individual covered by paragraph 
     (3) was transferred.
       (5) The current status of each individual covered by 
     paragraph (3).
       (c) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) The term ``individual detained at Guantanamo'' means 
     any individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (B) is--
       (i) in the custody or under the control of the Department 
     of Defense; or
       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
                                 ______
                                 
  SA 4326. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1227. LIMITATION ON USE OF FUNDS TO PROCURE GOODS OR 
                   SERVICES FROM PERSONS THAT ENGAGE IN 
                   SIGNIFICANT TRANSACTIONS WITH CERTAIN IRANIAN 
                   PERSONS.

       (a) Limitation.--No funds authorized to be appropriated for 
     the Department of Defense for fiscal year 2017 may be used to 
     procure, or enter into any contract for the procurement of, 
     any goods or services from any person that knowingly engages 
     in a significant transaction or transactions with a covered 
     Iranian person during such fiscal year.
       (b) Certification.--The Federal Acquisition Regulation 
     shall be revised to require a certification from each person 
     that is a prospective contractor that such person does not 
     engage in any transaction described in subsection (a). Such 
     revision shall apply with respect to contracts in an amount 
     greater than the simplified acquisition threshold (as defined 
     in section 134 of title 41, United States Code) for which 
     solicitations are issued on or after the date that is 90 days 
     after the date of the enactment of this Act.
       (c) Waiver.--The Secretary of Defense, in consultation with 
     the Secretary of State and the Secretary of the Treasury, 
     may, on a case-by-case basis, waive the limitation in 
     subsection (a) with respect to a person if the Secretary of 
     Defense, in consultation with the Secretary of State and the 
     Secretary of the Treasury--
       (1) determines that the waiver is important to the national 
     security interest of the United States; and
       (2) not less than 30 days before the date on which the 
     waiver is to take effect, submits to the appropriate 
     committees of Congress--
       (A) a notification of, and detailed justification for, the 
     waiver; and
       (B) a certification that--
       (i) the person to which the waiver is to apply is no longer 
     engaging in transactions described in subsection (a) or has 
     taken significant verifiable and credible steps toward 
     stopping such transactions, including winding down contracts 
     or other agreements that were in effect before the date of 
     the enactment of this Act; and
       (ii) the Secretary of Defense has received reliable 
     assurances in writing that the person will not knowingly 
     engage in a transaction described in subsection (a) in the 
     future.
       (d) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Covered iranian person.--The term ``covered Iranian 
     person'' means an Iranian person that--
       (A) is included on the list of specially designated 
     nationals and blocked persons maintained by the Office of 
     Foreign Assets Control of the Department of the Treasury and 
     the property and interests in property of which are blocked 
     pursuant to the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.) for acting on behalf of or at the 
     direction of, or being owned or controlled by, the Government 
     of Iran;
       (B) is included on the list of persons identified as 
     blocked solely pursuant to Executive Order 13599; or
       (C) in the case of an Iranian person described in paragraph 
     (3)(B)--
       (i) is owned, directly or indirectly, by--

       (I) Iran's Revolutionary Guard Corps, or any agent or 
     affiliate thereof; or
       (II) one or more other Iranian persons that are included on 
     the list of specially designated nationals and blocked 
     persons as described in subparagraph (A) if such Iranian 
     persons collectively own a 25 percent or greater interest in 
     the Iranian person; or

       (ii) is controlled, managed, or directed, directly or 
     indirectly, by Iran's Revolutionary Guard Corps, or any agent 
     or affiliate thereof, or by one or more other Iranian persons 
     described in clause (i)(II).
       (3) Iranian person.--The term ``Iranian person'' means--
       (A) an individual who is a national of Iran; or
       (B) an entity that is organized under the laws of Iran or 
     otherwise subject to the jurisdiction of the Government of 
     Iran.
       (4) Knowingly.--The term ``knowingly'' shall be determined, 
     for the purposes of this section, in accordance with section 
     561.314 of title 31, Code of Federal Regulations, as such 
     section 561.314 was in effect on January 1, 2016.
       (5) Person.--The term ``person'' means has the meaning 
     given such term in section 560.305 of title 31, Code of 
     Federal Regulation, as such section 560.305 was in effect on 
     April 22, 2016.
       (6) Significant transaction or transactions.--The term 
     ``significant transaction or transactions'' shall be 
     determined, for purposes of this section, in accordance with 
     section 561.404 of title 31, Code of Federal Regulations, as 
     such section 561.404 was in effect on January 1, 2016.
                                 ______
                                 
  SA 4327. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. VEHICLE INSPECTIONS.

       (a) In General.--As an interim safety measure, the 
     Transportation Protective Service of the Department of 
     Defense shall ensure that all commercial transportation 
     service providers transporting explosives or potentially 
     hazardous or sensitive cargo have a vehicle out-of-service 
     percentage rate of not more than 10 percent, as determined by 
     the Federal Motor Carrier Safety Administration, until the 
     Department of Transportation concludes its current study to 
     determine fair and accurate scoring methodology for the 
     Safety Measurement System.
       (b) Compliance.--The Transportation Protective Service may 
     give a provider that exceeds the allowable vehicle out-of-
     service percentage rate under subsection (a) up to 90 days to 
     bring such rate in compliance with subsection (a).
                                 ______
                                 
  SA 4328. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1266. REPORT ON SECURITY COOPERATION PROGRAMS AND 
                   ACTIVITIES OF THE DEPARTMENT OF DEFENSE 
                   INTENDED TO BUILD PARTNER CAPACITY OF FOREIGN 
                   COUNTRIES.

       (a) Report Required.--The Secretary of Defense shall submit 
     to the appropriate committees of Congress a report on the 
     security cooperation programs and activities of the 
     Department of Defense that are intended to build partner 
     capacity of foreign countries.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) An identification of each current security cooperation 
     program or activity of the

[[Page S3332]]

     Department of Defense that is intended to build partner 
     capacity of a foreign country.
       (2) A description of the manner in which each program and 
     activity identified pursuant to paragraph (1) is intended to 
     build partner capacity of a foreign country.
       (3) An assessment whether the programs and activities 
     identified pursuant to paragraph (1) have effectively 
     contributed to the accomplishment of strategic-level 
     objectives.
       (c) Assessment.--In preparing the assessment of a program 
     or activity required pursuant to subsection (b)(3), the 
     Secretary shall do a comparative analysis of the short-term, 
     medium-term, and long-term effectiveness of the program or 
     activity from the perspective of the United States Government 
     and from the perspective of the government of the country 
     concerned.
       (d) Definitions.--In this section, the terms ``appropriate 
     committees of Congress'' and ``security cooperation programs 
     and activities of the Department of Defense'' have the 
     meaning given those terms in section 301 of title 10, United 
     States Code, as added by section 1252 of this Act.
                                 ______
                                 
  SA 4329. Mr. UDALL (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subsection (d) of section 876, add the 
     following:
       (8) Secure laser communications systems with high data 
     rates to provide low probability of interception by 
     adversaries.
       (9) Advanced additive manufacturing capabilities that can 
     be deployed in combat zones for use in areas without adequate 
     access to parts and supplies or out at sea.
                                 ______
                                 
  SA 4330. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                Subtitle J--Organ Mountains-Desert Peaks

     SEC. 1099A. DEFINITIONS.

       In this subtitle:
       (1) Monument.--The term ``Monument'' means the Organ 
     Mountains-Desert Peaks National Monument established by 
     Presidential Proclamation 9131 (79 Fed. Reg. 30431).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of New 
     Mexico.
       (4) Wilderness area.--The term ``wilderness area'' means a 
     wilderness area designated by section 1099B(a).

     SEC. 1099B. DESIGNATION OF WILDERNESS AREAS.

       (a) In General.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness and as components of the National 
     Wilderness Preservation System:
       (1) Aden lava flow wilderness.--Certain land administered 
     by the Bureau of Land Management in Dona Ana County 
     comprising approximately 27,673 acres, as generally depicted 
     on the map entitled ``Potrillo Mountains Complex'' and dated 
     April 19, 2016, which shall be known as the ``Aden Lava Flow 
     Wilderness''.
       (2) Broad canyon wilderness.--Certain land administered by 
     the Bureau of Land Management in Dona Ana County comprising 
     approximately 13,902 acres, as generally depicted on the map 
     entitled ``Desert Peaks Wilderness'' and dated April 19, 
     2016, which shall be known as the ``Broad Canyon 
     Wilderness''.
       (3) Cinder cone wilderness.--Certain land administered by 
     the Bureau of Land Management in Dona Ana County comprising 
     approximately 16,935 acres, as generally depicted on the map 
     entitled ``Potrillo Mountains Complex'' and dated April 19, 
     2016, which shall be known as the ``Cinder Cone Wilderness''.
       (4) Organ mountains wilderness.--Certain land administered 
     by the Bureau of Land Management in Dona Ana County 
     comprising approximately 19,197 acres, as generally depicted 
     on the map entitled ``Organ Mountains Area'' and dated April 
     19, 2016, which shall be known as the ``Organ Mountains 
     Wilderness'', the boundary of which shall be offset 400 feet 
     from the centerline of Dripping Springs Road in T. 23 S., R. 
     04 E., sec. 7, New Mexico Principal Meridian.
       (5) Potrillo mountains wilderness.--Certain land 
     administered by the Bureau of Land Management in Dona Ana and 
     Luna counties comprising approximately 125,854 acres, as 
     generally depicted on the map entitled ``Potrillo Mountains 
     Complex'' and dated April 19, 2016, which shall be known as 
     the ``Potrillo Mountains Wilderness''.
       (6) Robledo mountains wilderness.--Certain land 
     administered by the Bureau of Land Management in Dona Ana 
     County comprising approximately 16,776 acres, as generally 
     depicted on the map entitled ``Desert Peaks Complex'' and 
     dated April 19, 2016, which shall be known as the ``Robledo 
     Mountains Wilderness''.
       (7) Sierra de las uvas wilderness.--Certain land 
     administered by the Bureau of Land Management in Dona Ana 
     County comprising approximately 11,114 acres, as generally 
     depicted on the map entitled ``Desert Peaks Complex'' and 
     dated April 19, 2016, which shall be known as the ``Sierra de 
     las Uvas Wilderness''.
       (8) Whitethorn wilderness.--Certain land administered by 
     the Bureau of Land Management in Dona Ana and Luna counties 
     comprising approximately 9,616 acres, as generally depicted 
     on the map entitled ``Potrillo Mountains Complex'' and dated 
     April 19, 2016, which shall be known as the ``Whitethorn 
     Wilderness''.
       (b) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file maps and 
     legal descriptions of the wilderness areas with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The maps and legal descriptions filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this subtitle, except that the Secretary may 
     correct errors in the maps and legal descriptions.
       (3) Public availability.--The maps and legal descriptions 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management.
       (c) Management.--Subject to valid existing rights, the 
     wilderness areas shall be administered by the Secretary--
       (1) as components of the National Landscape Conservation 
     System; and
       (2) in accordance with--
       (A) this subtitle; and
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.), except 
     that--
       (i) any reference in the Wilderness Act to the effective 
     date of that Act shall be considered to be a reference to the 
     date of enactment of this Act; and
       (ii) any reference in the Wilderness Act to the Secretary 
     of Agriculture shall be considered to be a reference to the 
     Secretary of the Interior.
       (d) Incorporation of Acquired Land and Interests in Land.--
     Any land or interest in land that is within the boundary of a 
     wilderness area that is acquired by the United States shall--
       (1) become part of the wilderness area within the 
     boundaries of which the land is located; and
       (2) be managed in accordance with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.);
       (B) this subtitle; and
       (C) any other applicable laws.
       (e) Grazing.--Grazing of livestock in the wilderness areas, 
     where established before the date of enactment of this Act, 
     shall be administered in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the Report of 
     the Committee on Interior and Insular Affairs to accompany 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405).
       (f) Military Overflights.--Nothing in this section 
     restricts or precludes--
       (1) low-level overflights of military aircraft over the 
     wilderness areas, including military overflights that can be 
     seen or heard within the wilderness areas;
       (2) the designation of new units of special airspace over 
     the wilderness areas; or
       (3) the use or establishment of military flight training 
     routes over the wilderness areas.
       (g) Buffer Zones.--
       (1) In general.--Nothing in this section creates a 
     protective perimeter or buffer zone around any wilderness 
     area.
       (2) Activities outside wilderness areas.--The fact that an 
     activity or use on land outside any wilderness area can be 
     seen or heard within the wilderness area shall not preclude 
     the activity or use outside the boundary of the wilderness 
     area.
       (h) Paragliding.--The use of paragliding within areas of 
     the Potrillo Mountains Wilderness designated by subsection 
     (a)(5) in which the use has been established before the date 
     of enactment of this Act, shall be allowed to continue in 
     accordance with section 4(d)(1) of the Wilderness Act (16 
     U.S.C. 1133(d)(1)), subject to any terms and conditions that 
     the Secretary determines to be necessary.
       (i) Climatologic Data Collection.--Subject to such terms 
     and conditions as the Secretary may prescribe, nothing in 
     this subtitle precludes the installation and maintenance of 
     hydrologic, meteorologic, or climatologic collection devices 
     in wilderness areas if the facilities and access to the 
     facilities are essential to flood warning, flood control, or 
     water reservoir operation activities.
       (j) Fish and Wildlife.--Nothing in this subtitle affects 
     the jurisdiction of the State with respect to fish and 
     wildlife located on public land in the State, except that the 
     Secretary, after consultation with the New Mexico Department 
     of Game and Fish, may designate zones where, and establish 
     periods during which, no hunting or fishing shall be

[[Page S3333]]

     permitted for reasons of public safety, administration, or 
     compliance with applicable law.
       (k) Withdrawals.--
       (1) In general.--Subject to valid existing rights, the 
     Federal land within the wilderness areas and any land or 
     interest in land that is acquired by the United States in the 
     wilderness areas after the date of enactment of this Act is 
     withdrawn from--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (2) Parcel b.--The approximately 6,500 acres of land 
     generally depicted as ``Parcel B'' on the map entitled 
     ``Organ Mountains Area'' and dated April 19, 2016, is 
     withdrawn in accordance with paragraph (1), except that the 
     land is not withdrawn for purposes of the issuance of oil and 
     gas pipeline rights-of-way.
       (3) Parcel c.--The approximately 1,300 acres of land 
     generally depicted as ``Parcel C'' on the map entitled 
     ``Organ Mountains Area'' and dated April 19, 2016, is 
     withdrawn in accordance with paragraph (1), except that the 
     land is not withdrawn from disposal under the Act of June 14, 
     1926 (commonly known as the ``Recreation and Public Purposes 
     Act'') (43 U.S.C. 869 et seq.).
       (4) Parcel d.--
       (A) In general.--The Secretary of the Army shall allow for 
     the conduct of certain recreational activities on the 
     approximately 2,050 acres of land generally depicted as 
     ``Parcel D'' on the map entitled ``Organ Mountains Area'' and 
     dated April 19, 2016 (referred to in this paragraph as the 
     ``parcel''), which is a portion of the public land withdrawn 
     and reserved for military purposes by Public Land Order 833 
     dated May 21, 1952 (17 Fed. Reg. 4822).
       (B) Outdoor recreation plan.--
       (i) In general.--The Secretary of the Army shall develop a 
     plan for public outdoor recreation on the parcel that is 
     consistent with the primary military mission of the parcel.
       (ii) Requirement.--In developing the plan under clause (i), 
     the Secretary of the Army shall ensure, to the maximum extent 
     practicable, that outdoor recreation activities may be 
     conducted on the parcel, including, hunting, hiking, wildlife 
     viewing, and camping.
       (C) Closures.--The Secretary of the Army may close the 
     parcel or any portion of the parcel to the public as the 
     Secretary of the Army determines to be necessary to protect--
       (i) public safety; or
       (ii) the safety of the military members training on the 
     parcel.
       (D) Transfer of administrative jurisdiction; withdrawal.--
       (i) In general.--On a determination by the Secretary of the 
     Army that military training capabilities, personnel safety, 
     and installation security would not be hindered as a result 
     of the transfer to the Secretary of administrative 
     jurisdiction over the parcel, the Secretary of the Army shall 
     transfer to the Secretary administrative jurisdiction over 
     the parcel.
       (ii) Withdrawal.--On transfer of the parcel under clause 
     (i), the parcel shall be--

       (I) under the jurisdiction of the Director of the Bureau of 
     Land Management; and
       (II) withdrawn from--

       (aa) entry, appropriation, or disposal under the public 
     land laws;
       (bb) location, entry, and patent under the mining laws; and
       (cc) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (iii) Reservation.--On transfer under clause (i), the 
     parcel shall be reserved for management of the resources of, 
     and military training conducted on, the parcel in accordance 
     with a memorandum of understanding entered into under 
     subparagraph (E).
       (E) Memorandum of understanding relating to military 
     training.--
       (i) In general.--If, after the transfer of the parcel under 
     subparagraph (D)(i), the Secretary of the Army requests that 
     the Secretary enter into a memorandum of understanding, the 
     Secretary shall enter into a memorandum of understanding with 
     the Secretary of the Army providing for the conduct of 
     military training on the parcel.
       (ii) Requirements.--The memorandum of understanding entered 
     into under clause (i) shall--

       (I) address the location, frequency, and type of training 
     activities to be conducted on the parcel;
       (II) provide to the Secretary of the Army access to the 
     parcel for the conduct of military training;
       (III) authorize the Secretary or the Secretary of the Army 
     to close the parcel or a portion of the parcel to the public 
     as the Secretary or the Secretary of the Army determines to 
     be necessary to protect--

       (aa) public safety; or
       (bb) the safety of the military members training; and

       (IV) to the maximum extent practicable, provide for the 
     protection of natural, historic, and cultural resources in 
     the area of the parcel.

       (F) Military overflights.--Nothing in this paragraph 
     restricts or precludes--
       (i) low-level overflights of military aircraft over the 
     parcel, including military overflights that can be seen or 
     heard within the parcel;
       (ii) the designation of new units of special airspace over 
     the parcel; or
       (iii) the use or establishment of military flight training 
     routes over the parcel.
       (l) Potential Wilderness Area.--
       (1) Robledo mountains potential wilderness area.--
       (A) In general.--Certain land administered by the Bureau of 
     Land Management, comprising approximately 100 acres as 
     generally depicted as ``Potential Wilderness'' on the map 
     entitled ``Desert Peaks Complex'' and dated April 19, 2016, 
     is designated as a potential wilderness area.
       (B) Uses.--The Secretary shall permit only such uses on the 
     land described in subparagraph (A) that were permitted on the 
     date of enactment of this Act.
       (C) Designation as wilderness.--
       (i) In general.--On the date on which the Secretary 
     publishes in the Federal Register the notice described in 
     clause (ii), the potential wilderness area designated under 
     subparagraph (A) shall be--

       (I) designated as wilderness and as a component of the 
     National Wilderness Preservation System; and
       (II) incorporated into the Robledo Mountains Wilderness 
     designated by subsection (a)(6).

       (ii) Notice.--The notice referred to in clause (i) is 
     notice that--

       (I) the communications site within the potential wilderness 
     area designated under subparagraph (A) is no longer used;
       (II) the associated right-of-way is relinquished or not 
     renewed; and
       (III) the conditions in the potential wilderness area 
     designated by subparagraph (A) are compatible with the 
     Wilderness Act (16 U.S.C. 1131 et seq.).

       (m) Release of Wilderness Study Areas.--Congress finds 
     that, for purposes of section 603(c) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the 
     public land in Dona Ana County administered by the Bureau of 
     Land Management not designated as wilderness by subsection 
     (a)--
       (1) has been adequately studied for wilderness designation;
       (2) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (3) shall be managed in accordance with--
       (A) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (B) this subtitle; and
       (C) any other applicable laws.

     SEC. 1099C. BORDER SECURITY.

       (a) In General.--Nothing in this subtitle--
       (1) prevents the Secretary of Homeland Security from 
     undertaking law enforcement and border security activities, 
     in accordance with section 4(c) of the Wilderness Act (16 
     U.S.C. 1133(c)), within the wilderness areas, including the 
     ability to use motorized access within a wilderness area 
     while in pursuit of a suspect;
       (2) affects the 2006 Memorandum of Understanding among the 
     Department of Homeland Security, the Department of the 
     Interior, and the Department of Agriculture regarding 
     cooperative national security and counterterrorism efforts on 
     Federal land along the borders of the United States; or
       (3) prevents the Secretary of Homeland Security from 
     conducting any low-level overflights over the wilderness 
     areas that may be necessary for law enforcement and border 
     security purposes.
       (b) Withdrawal and Administration of Certain Area.--
       (1) Withdrawal.--The area identified as ``Parcel A'' on the 
     map entitled ``Potrillo Mountains Complex'' and dated April 
     19, 2016, is withdrawn in accordance with section 
     1099B(k)(1).
       (2) Administration.--Except as provided in paragraphs (3) 
     and (4), the Secretary shall administer the area described in 
     paragraph (1) in a manner that, to the maximum extent 
     practicable, protects the wilderness character of the area.
       (3) Use of motor vehicles.--The use of motor vehicles, 
     motorized equipment, and mechanical transport shall be 
     prohibited in the area described in paragraph (1) except as 
     necessary for--
       (A) the administration of the area (including the conduct 
     of law enforcement and border security activities in the 
     area); or
       (B) grazing uses by authorized permittees.
       (4) Effect of subsection.--Nothing in this subsection 
     precludes the Secretary from allowing within the area 
     described in paragraph (1) the installation and maintenance 
     of communication or surveillance infrastructure necessary for 
     law enforcement or border security activities.
       (c) Restricted Route.--The route excluded from the Potrillo 
     Mountains Wilderness identified as ``Restricted--
     Administrative Access'' on the map entitled ``Potrillo 
     Mountains Complex'' and dated April 19, 2016, shall be--
       (1) closed to public access; but
       (2) available for administrative and law enforcement uses, 
     including border security activities.

     SEC. 1099D. ORGAN MOUNTAINS-DESERT PEAKS NATIONAL MONUMENT.

       (a) Management Plan.--In preparing and implementing the 
     management plan for the Monument, the Secretary shall include 
     a watershed health assessment to identify opportunities for 
     watershed restoration.
       (b) Incorporation of Acquired State Trust Land and 
     Interests in State Trust Land.--

[[Page S3334]]

       (1) In general.--Any land or interest in land that is 
     within the State trust land described in paragraph (2) that 
     is acquired by the United States shall--
       (A) become part of the Monument; and
       (B) be managed in accordance with--
       (i) Presidential Proclamation 9131 (79 Fed. Reg. 30431); 
     and
       (ii) any other applicable laws.
       (2) Description of state trust land.--The State trust land 
     referred to in paragraph (1) is the State trust land in T. 22 
     S., R 01 W., New Mexico Principal Meridian and T. 22 S., R. 
     02 W., New Mexico Principal Meridian.
       (c) Land Exchanges.--
       (1) In general.--Subject to paragraphs (3) through (6), the 
     Secretary shall attempt to enter into an agreement to 
     initiate an exchange under section 2201.1 of title 43, Code 
     of Federal Regulations (or successor regulations), with the 
     Commissioner of Public Lands of New Mexico, by the date that 
     is 18 months after the date of enactment of this Act, to 
     provide for a conveyance to the State of all right, title, 
     and interest of the United States in and to Bureau of Land 
     Management land in the State identified under paragraph (2) 
     in exchange for the conveyance by the State to the Secretary 
     of all right, title, and interest of the State in and to 
     parcels of State trust land within the boundary of the 
     Monument identified under that paragraph or described in 
     subsection (b)(2).
       (2) Identification of land for exchange.--The Secretary and 
     the Commissioner of Public Lands of New Mexico shall jointly 
     identify the Bureau of Land Management land and State trust 
     and eligible for exchange under this subsection, the exact 
     acreage and legal description of which shall be determined by 
     surveys approved by the Secretary and the New Mexico State 
     Land Office.
       (3) Applicable law.--A land exchange under paragraph (1) 
     shall be carried out in accordance with section 206 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716).
       (4) Conditions.--A land exchange under paragraph (1) shall 
     be subject to--
       (A) valid existing rights; and
       (B) such terms as the Secretary and the State shall 
     establish.
       (5) Valuation, appraisals, and equalization.--
       (A) In general.--The value of the Bureau of Land Management 
     land and the State trust land to be conveyed in a land 
     exchange under this subsection--
       (i) shall be equal, as determined by appraisals conducted 
     in accordance with subparagraph (B); or
       (ii) if not equal, shall be equalized in accordance with 
     subparagraph (C).
       (B) Appraisals.--
       (i) In general.--The Bureau of Land Management land and 
     State trust land to be exchanged under this subsection shall 
     be appraised by an independent, qualified appraiser that is 
     agreed to by the Secretary and the State.
       (ii) Requirements.--An appraisal under clause (i) shall be 
     conducted in accordance with--

       (I) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (II) the Uniform Standards of Professional Appraisal 
     Practice.

       (C) Equalization.--
       (i) In general.--If the value of the Bureau of Land 
     Management land and the State trust land to be conveyed in a 
     land exchange under this subsection is not equal, the value 
     may be equalized by--

       (I) making a cash equalization payment to the Secretary or 
     to the State, as appropriate, in accordance with section 
     206(b) of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1716(b)); or
       (II) reducing the acreage of the Bureau of Land Management 
     land or State trust land to be exchanged, as appropriate.

       (ii) Cash equalization payments.--Any cash equalization 
     payments received by the Secretary under clause (i)(I) shall 
     be--

       (I) deposited in the Federal Land Disposal Account 
     established by section 206(a) of the Federal Land Transaction 
     Facilitation Act (43 U.S.C. 2305(a)); and
       (II) used in accordance with that Act.

       (6) Limitation.--No exchange of land shall be conducted 
     under this subsection unless mutually agreed to by the 
     Secretary and the State.
                                 ______
                                 
  SA 4331. Mr. UDALL (for himself and Mr. Lee) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of section 1221, add the following:
       (c) Limitation on Use of Funds for Lethal Arms for the 
     Vetted Syrian Opposition.--
       (1) Limitation.--Amounts authorized to be appropriated by 
     this Act may not be expended for procuring or transferring 
     lethal arms to the vetted Syrian opposition until the 
     Secretary of Defense determines, and certifies in writing, 
     that such arms are not being transferred to individuals or 
     groups who are allied, working with, or otherwise associated 
     with Al Qaeda and its affiliates, Al Nusrah, the Islamic 
     State of Iraq and the Levant (ISIL), or other terrorists 
     groups identified by the United States Government.
       (2) Consultation in determination.--In making a 
     determination for purposes of paragraph (1), the Secretary of 
     Defense shall consult with the Secretary of State, the 
     Director of National Intelligence, and the elements of the 
     intelligence community.
       (3) Waiver authority.--The President may waive the 
     limitation in paragraph (1) with respect to the procurement 
     or transfer of lethal arms if the President determines that 
     the transfer of such arms is in the national security 
     interests of the United States.
       (4) Provision to congress.--The President shall provide 
     each waiver under paragraph (3), and an unclassified summary 
     thereof, to--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 4332. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. INTERNATIONAL INFRASTRUCTURE SIMULATION AND 
                   ANALYSIS CENTER.

       (a) Establishment.--Using existing funds, the Secretary of 
     Defense shall work in consultation with the Secretary of 
     Energy and the Secretary of State to develop an International 
     Infrastructure Simulation and Analysis Center.
       (b) Purpose.--The International Infrastructure Simulation 
     and Analysis Center shall serves as the focal point for 
     gathering, analyzing, and disseminating information to the 
     Department of Defense, Secretary of State, the Department of 
     Energy, and National Security Council for the purposes of--
       (1) providing advanced modeling, simulation, and analysis 
     capabilities to analyze critical infrastructure 
     interdependencies, vulnerabilities, and complexities outside 
     the United States;
       (2) providing analysis and data to policy makers and 
     decision makers to aid in the prevention or response to 
     humanitarian or other threats outside the United States; and
       (3) providing strategic, multidisciplinary analyses of 
     infrastructure interdependencies and the consequences of 
     infrastructure disruptions across multiple infrastructure 
     sectors outside the United States.
       (c) Use of Existing Facilities.--The International 
     Infrastructure Simulation and Analysis Center shall utilize 
     existing Department of Defense or Department of Energy 
     facilities.
       (d) Capabilities.--The Center should include the following 
     capabilities:
       (1) Process-based systems dynamic models.
       (2) Mathematical network optimization models.
       (3) Physics-based models of existing infrastructure.
       (4) High fidelity, agent-based simulations of systems.
       (5) Other systems capabilities as deemed necessary by the 
     Secretary of Defense to fulfil the mission needs of the 
     Department of Defense.
                                 ______
                                 
  SA 4333. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. RESEARCH ON IMPACT OF OPEN BURN PITS ON MEMBERS OF 
                   THE ARMED FORCES AND VETERANS.

       (a) Establishment of Research Network.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     establish a research network in which public and private 
     entities assist the Secretary in conducting research on--
       (A) the impact on the health of members of the Armed Forces 
     and veterans of exposure by such members and veterans to open 
     burn pits in Iraq and Afghanistan; and
       (B) treatment for health conditions related to such 
     exposure.
       (2) Research conducted.--The research conducted pursuant to 
     this section shall include the following:
       (A) Scientific studies that advance knowledge of the 
     diagnosis and treatment of health conditions among members of 
     the Armed Forces and veterans associated with exposure of 
     such members and veterans to toxic chemicals that are known 
     or likely to

[[Page S3335]]

     be present in smoke from open burn pits used in Afghanistan 
     and Iraq after September 11, 2001.
       (B) Research on the impact of exposure of individuals to 
     open burn pits from the following fields:
       (i) Environmental medicine.
       (ii) Occupational medicine.
       (iii) Inhalation toxicology.
       (C) Research on the feasibility and advisability of using 
     complementary and alternative medicine to treat members of 
     the Armed Forces and veterans for health conditions arising 
     from exposure to open burn pits.
       (3) Use of research.--The Secretary shall use research 
     conducted pursuant to this section as follows:
       (A) To assist in developing best practices for treatment of 
     health conditions caused by exposure of members of the Armed 
     Forces or veterans to open burn pits.
       (B) To assist in determining a disability rating for any 
     veteran filing a claim for benefits under the laws 
     administered by the Secretary based on the exposure of the 
     veteran to an open burn pit while serving as a member of the 
     Armed Forces.
       (b) Availability of Information.--
       (1) In general.--The Secretary shall make available to 
     eligible entities described in paragraph (2) the information 
     contained in the open burn pit registry for purposes of 
     conducting research described in subsection (a)(2).
       (2) Eligible entities described.--An eligible entity 
     described in this paragraph is any private research 
     institution or medical research center of an institution of 
     higher education that--
       (A) is dedicated to the conduct of research on health 
     conditions caused by exposure to air pollutants; and
       (B) is licensed and accredited under all applicable 
     Federal, State, and local laws to conduct research described 
     in subsection (a)(2).
       (3) Submittal of research.--Any eligible entity that 
     conducts research described in subsection (a)(2) using 
     information from the open burn pit registry shall submit such 
     research to the Secretary for inclusion in the database 
     established under subsection (c).
       (c) Establishment of Database.--The Secretary shall publish 
     on an Internet database of the Department available to the 
     public all research described in subsection (a)(2) that is 
     submitted to the Secretary pursuant to this section to allow 
     peer review and analysis of such research from the public.
       (d) Privacy.--Any medical or other personal information 
     obtained by the Department under this section or by an entity 
     conducting research under this section shall be protected 
     from disclosure or misuse in accordance with the laws on 
     privacy applicable to such information.
       (e) Definitions.--In this section:
       (1) Complementary and alternative medicine.--The term 
     ``complementary and alternative medicine'' shall have the 
     meaning given that term in regulations the Secretary shall 
     prescribe for purposes of this section and shall--
       (A) to the degree practicable, be consistent with the 
     meaning given such term by the Secretary of Health and Human 
     Services; and
       (B) include medicine or treatment that is a cultural 
     tradition of members of Indian tribes and Native Hawaiians.
       (2) Indian tribe defined.--The term ``Indian tribe'' has 
     the meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (3) Open burn pit.--The term ``open burn pit'' has the 
     meaning given that term in section 201(c) of the Dignified 
     Burial and Other Veterans' Benefits Improvement Act of 2012 
     (Public Law 112-260; 38 U.S.C. 527 note).
       (4) Open burn pit registry.--The term ``open burn pit 
     registry'' means the registry established by the Department 
     of Veterans Affairs under section 201(a) of the Dignified 
     Burial and Other Veterans' Benefits Improvement Act of 2012.
                                 ______
                                 
  SA 4334. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

                  Subtitle I--Matters Relating to Cuba

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Cuba Digital and 
     Telecommunications Advancement Act of 2016'' or the ``Cuba 
     DATA Act''.

     SEC. 1282. EXPORTATION OF CONSUMER COMMUNICATION DEVICES AND 
                   TELECOMMUNICATIONS SERVICES TO CUBA.

       (a) In General.--Notwithstanding any other provision of 
     law, the President may permit any person subject to the 
     jurisdiction of the United States--
       (1) to export consumer communication devices and other 
     telecommunications equipment to Cuba;
       (2) to provide telecommunications services involving Cuba 
     or persons in Cuba;
       (3) to establish facilities to provide telecommunications 
     services connecting Cuba with another country or to provide 
     telecommunications services in Cuba;
       (4) to conduct any transaction incident to carrying out an 
     activity described in any of paragraphs (1) through (3); and
       (5) to enter into, perform, and make and receive payments 
     under a contract with any individual or entity in Cuba with 
     respect to the provision of telecommunications services 
     involving Cuba or persons in Cuba.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and not less frequently than annually 
     thereafter for 4 years, the President shall submit to the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on Foreign 
     Affairs and the Committee on Appropriations of the House of 
     Representatives a report on--
       (1) the percentage of individuals in Cuba who are able to 
     access the Internet and the infrastructure that would be 
     needed in Cuba to reach the goal of increasing that 
     percentage to 50 percent by 2020;
       (2) the ability of individuals in Cuba, including foreign 
     tourists, to access data through the use of cell phones and 
     the infrastructure that would be needed to bring the 
     capability to access that data to rural and urban population 
     centers in Cuba;
       (3) the impact of access to telecommunications technology 
     on the development of new businesses, co-ops, and educational 
     opportunities in Cuba; and
       (4) the impact of the telecommunications equipment and 
     telecommunications services provided under this section on 
     advancing the human rights objectives of the United States 
     and how such equipment and services are being used to advance 
     those objectives.
       (c) Definitions.--In this section:
       (1) Consumer communication devices.--The term ``consumer 
     communication devices'' means commodities and software 
     described in section 740.19(b) of title 15, Code of Federal 
     Regulations (or any successor regulation).
       (2) Person subject to the jurisdiction of the united 
     states.--The term ``person subject to the jurisdiction of the 
     United States'' means--
       (A) any individual, wherever located, who is a citizen or 
     resident of the United States;
       (B) any person located in the United States;
       (C) any corporation, partnership, association, or other 
     organization organized under the laws of the United States or 
     of any State, territory, possession, or district of the 
     United States; and
       (D) any corporation, partnership, association, or other 
     organization, wherever organized or doing business, that is 
     owned or controlled by a person described in subparagraph 
     (A), (B), or (C).
       (3) Telecommunications services.--The term 
     ``telecommunications services'' includes--
       (A) data, telephone, telegraph, Internet connectivity, 
     radio, television, news wire feeds, and similar services, 
     regardless of the medium of transmission and including 
     transmission by satellite;
       (B) services incident to the exchange of communications 
     over the Internet;
       (C) domain name registration services; and
       (D) services that are related to consumer communication 
     devices and other telecommunications equipment to install, 
     repair, or replace such devices and equipment.

     SEC. 1283. REPEAL OF CERTAIN AUTHORITIES PREVENTING FINANCING 
                   AND MARKET REFORM FOR CUBA.

       (a) Cuban Democracy Act.--
       (1) In general.--Section 1704 of the Cuban Democracy Act of 
     1992 (22 U.S.C. 6003) is repealed.
       (2) Conforming amendments.--Section 204 of the Cuban 
     Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 
     U.S.C. 6064) is amended--
       (A) in subsection (b), by amending paragraph (3) to read as 
     follows:
       ``(3) sections 1705(d) and 1706 of the Cuban Democracy Act 
     of 1992 (22 U.S.C. 6004(d) and 6005);''; and
       (B) in subsection (d), by amending paragraph (3) to read as 
     follows:
       ``(3) sections 1705(d) and 1706 of the Cuban Democracy Act 
     of 1992 (22 U.S.C. 6004(d) and 6005) are repealed; and''.
       (b) Cuban Liberty and Democratic Solidarity Act.--
       (1) In general.--Sections 102, 103, 104, 105, and 108 of 
     the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
     1996 (22 U.S.C. 6032, 6033, 6034, 6035, and 6038) are 
     repealed.
       (2) Conforming amendment.--Section 109(a) of the Cuban 
     Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 
     U.S.C. 6039(a)) is amended by striking ``(including section 
     102 of this Act)''.
                                 ______
                                 
  SA 4335. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

[[Page S3336]]

  


     SEC. 663. COMMISSARY, EXCHANGE, AND MORALE, WELFARE, AND 
                   RECREATION BENEFITS FOR CERTAIN SAME-SEX 
                   SURVIVING SPOUSES OF MEMBERS AND FORMER MEMBERS 
                   OF THE UNIFORMED SERVICES.

       (a) In General.--A qualifying same-sex surviving spouse of 
     a member or former member of the uniformed services is 
     entitled to commissary, exchange, and morale, welfare, and 
     recreation privilege benefits, and shall be issued a 
     Department of Defense Identification Card for purposes of 
     receipt of such benefits, to the same extent, and on the same 
     basis, as the surviving spouse of a retired member of the 
     uniformed services who is not a qualifying same-sex surviving 
     spouse but is entitled to such benefits.
       (b) Qualifying Same-sex Surviving Spouse.--For purposes of 
     this section, an individual is a qualifying same-sex 
     surviving spouse of a member or former member of the 
     uniformed services if the individual is the same-sex 
     surviving spouse of any member of the uniformed services as 
     follows:
       (1) A member who died while on active duty.
       (2) A member who was awarded the medal of honor.
       (3) A former member who was a veteran with a service-
     connected disability or combination of disabilities rated as 
     100 percent disabling under the schedule of ratings of 
     disabilities of the Department of Veterans Affairs.
       (4) A retired member.
       (c) Documentation.--An individual seeking to be treated as 
     a qualifying same-sex surviving spouse under subsection (a) 
     shall submit to the Secretary of Defense documentation to 
     establish the status of the individual under subsection (b) 
     as the Secretary shall specify for purposes of this section. 
     Such documentation shall include the following:
       (1) To establish former marital status, any one of the 
     following:
       (A) A marriage certificate.
       (B) A certification of domestic partnership.
       (C) A death certificate for the member concerned.
       (D) An affidavit by a judge advocate certifying a common-
     law marriage.
       (E) Any other documentation the Secretary considers 
     appropriate.
       (2) To establish identity, one of the following:
       (A) An identification card issued by the Federal 
     Government.
       (B) A driver's license issued by a State.
       (C) A birth certificate.
       (D) Any other documentation the Secretary considers 
     appropriate.
       (d) Comptroller General Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on extent of 
     the inclusion by the Department of Defense of same-sex 
     spouses and same-sex widows and widowers in the benefits 
     provided by the Department to spouses and surviving spouses 
     in their status as current or former military dependents (as 
     applicable).
       (2) Elements.--The report required by paragraph (1) shall 
     set forth the following:
       (A) The number of same-sex spouses, widows, and widowers 
     who are eligible for benefits described in paragraph (3) as 
     current or former military dependents.
       (B) The number of individuals described in subparagraph (A) 
     who are receiving benefits for which they are eligible.
       (C) An analysis, including a complete file review of a 
     representative sample of military personnel files, 
     identifying policy or procedural barriers that prevent same-
     sex military spouses, widows, and widowers from receiving 
     benefits as current or former military dependents.
       (D) An evaluation of the compliance by Army Human Resources 
     Command with the requirements of subsection (a).
       (E) An evaluation of the compliance by Army Human Resources 
     Command with policies in place before the date of the 
     enactment of this Act with respect to the equitable treatment 
     of same-sex spouses, widows, and widowers in eligibility for 
     benefits as current or former military dependents.
       (F) Recommendations for actions to correct any 
     noncompliance identified pursuant to subparagraphs (D) and 
     (E).
       (G) Recommendations for actions to ensure that individuals 
     described in subparagraph (A) who were inappropriately denied 
     benefits described in paragraph (3) are notified and assisted 
     in receiving such benefits.
       (H) Any other matters the Comptroller General considers 
     appropriate.
       (3) Benefits.--The benefits described in this paragraph are 
     as follows:
       (A) Commissary, exchange and morale, welfare and recreation 
     privileges and benefits.
       (B) Health care, including medical, dental, and pharmacy 
     services.
       (C) Education benefits.
       (D) Life Insurance.
       (E) On-installation housing.
                                 ______
                                 
  SA 4336. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1059. PROHIBITION ON USE BY EDUCATIONAL INSTITUTIONS OF 
                   REVENUES DERIVED FROM EDUCATIONAL ASSISTANCE 
                   FURNISHED UNDER LAWS ADMINISTERED BY SECRETARY 
                   OF DEFENSE FOR ADVERTISING, MARKETING, OR 
                   RECRUITING.

       (a) In General.--As a condition on the receipt of 
     Department of Defense educational assistance funds, an 
     institution of higher education, or other postsecondary 
     educational institution, may not use revenues derived from 
     Department of Defense educational assistance funds for 
     advertising, recruiting, or marketing activities described in 
     subsection (b).
       (b) Covered Activities.--Except as provided in subsection 
     (c), the advertising, recruiting, and marketing activities 
     subject to subsection (a) shall include the following:
       (1) Advertising and promotion activities, including paid 
     announcements in newspapers, magazines, radio, television, 
     billboards, electronic media, naming rights, or any other 
     public medium of communication, including paying for displays 
     or promotions at job fairs, military installations, or 
     college recruiting events.
       (2) Efforts to identify and attract prospective students, 
     either directly or through a contractor or other third party, 
     including contact concerning a prospective student's 
     potential enrollment or application for grant, loan, or work 
     assistance under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.) or participation in preadmission or 
     advising activities, including--
       (A) paying employees responsible for overseeing enrollment 
     and for contacting potential students in-person, by phone, by 
     email, or by other internet communications regarding 
     enrollment; and
       (B) soliciting an individual to provide contact information 
     to an institution of higher education, including Internet 
     websites established for such purpose and funds paid to third 
     parties for such purpose.
       (3) Such other activities as the Secretary of Defense may 
     prescribe, including paying for promotion or sponsorship of 
     education or military-related associations.
       (c) Exceptions.--Any activity that is required as a 
     condition of receipt of funds by an institution under title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
     seq.), is specifically authorized under such title, or is 
     otherwise specified by the Secretary of Education, shall not 
     be considered to be a covered activity under subsection (b).
       (d) Department of Defense Educational Assistance Funds 
     Defined.--In this section, the term ``Department of Defense 
     educational assistance funds'' means funds provided directly 
     to an institution or to a student attending such institution 
     under any of the following provisions of law:
       (1) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 
     10, United States Code.
       (2) Section 1784a, 2005, or 2007 of such title.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed as a limitation on the use by an institution of 
     revenues derived from sources other than Department of 
     Defense educational assistance funds.
       (f) Reports.--As a condition on the receipt of Department 
     of Defense educational assistance funds, each institution of 
     higher education, or other postsecondary educational 
     institution, that derives revenues from Department of Defense 
     educational assistance funds shall submit to the Secretary of 
     Defense and to Congress each year a report that includes the 
     following:
       (1) The institution's expenditures on advertising, 
     marketing, and recruiting.
       (2) A verification from an independent auditor that the 
     institution is in compliance with the requirements of this 
     subsection.
       (3) A certification from the institution that the 
     institution is in compliance with the requirements of this 
     subsection.
                                 ______
                                 
  SA 4337. Mr. BOOKER (for himself, Mr. Johnson, Ms. Baldwin, Mrs. 
Ernst, Mr. Brown, Mr. Portman, and Mr. Peters) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title X, add the following:

                      Subtitle J--Fair Chance Act

     SEC. 1097. SHORT TITLE.

       This subtitle may be cited as the ``Fair Chance to Compete 
     for Jobs Act of 2016'' or the ``Fair Chance Act''.

     SEC. 1098. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO 
                   CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT.

       (a) In General.--Subpart H of part III of title 5, United 
     States Code, is amended by adding at the end the following:

   ``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO 
                           CONDITIONAL OFFER

``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record 
              information.
``9203. Agency policies; whistleblower complaint procedures.

[[Page S3337]]

``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.

     ``Sec. 9201. Definitions

       ``In this chapter--
       ``(1) the term `agency' means `Executive agency' as such 
     term is defined in section 105 and includes--
       ``(A) the United States Postal Service and the Postal 
     Regulatory Commission; and
       ``(B) the Executive Office of the President;
       ``(2) the term `appointing authority' means an employee in 
     the executive branch of the Government of the United States 
     that has authority to make appointments to positions in the 
     civil service;
       ``(3) the term `conditional offer' means an offer of 
     employment in a position in the civil service that is 
     conditioned upon the results of a criminal history inquiry;
       ``(4) the term `criminal history record information'--
       ``(A) except as provided in subparagraph (B), has the 
     meaning given the term in section 9101(a);
       ``(B) includes any information described in the first 
     sentence of section 9101(a)(2) that has been sealed or 
     expunged pursuant to law, regardless of whether the 
     information is accessible by State and local criminal justice 
     agencies for the purpose of conducting background checks; and
       ``(C) includes information collected by a criminal justice 
     agency, relating to an act or alleged act of juvenile 
     delinquency, that is analogous to criminal history record 
     information (including such information that has been sealed 
     or expunged pursuant to law); and
       ``(5) the term `suspension' has the meaning given the term 
     in section 7501.

     ``Sec. 9202. Limitations on requests for criminal history 
       record information

       ``(a) Inquiries Prior to Conditional Offer.--Except as 
     provided in subsections (b) and (c), an employee of an agency 
     may not request, in oral or written form (including through 
     the Declaration for Federal Employment (Office of Personnel 
     Management Optional Form 306), or any similar successor 
     form), including through the USAJOBS Internet Web site or any 
     other electronic means, that an applicant for an appointment 
     to a position in the civil service disclose criminal history 
     record information regarding the applicant before the 
     appointing authority extends a conditional offer to the 
     applicant.
       ``(b) Otherwise Required by Law.--The prohibition under 
     subsection (a) shall not apply with respect to an applicant 
     for a position in the civil service if consideration of 
     criminal history record information prior to a conditional 
     offer with respect to the position is otherwise required by 
     law.
       ``(c) Exception for Certain Positions.--
       ``(1) In general.--The prohibition under subsection (a) 
     shall not apply with respect to an applicant for an 
     appointment to a position--
       ``(A) that requires a determination of eligibility 
     described in clause (i), (ii), or (iii) of section 
     9101(b)(1)(A);
       ``(B) as a Federal law enforcement officer (as defined in 
     section 115(c) of title 18); or
       ``(C) identified by the Director of the Office of Personnel 
     Management in the regulations issued under paragraph (2).
       ``(2) Regulations.--
       ``(A) Issuance.--The Director of the Office of Personnel 
     Management shall issue regulations identifying additional 
     positions with respect to which the prohibition under 
     subsection (a) shall not apply, giving due consideration to 
     positions that involve interaction with minors, access to 
     sensitive information, or managing financial transactions.
       ``(B) Compliance with civil rights laws.--The regulations 
     issued under subparagraph (A) shall--
       ``(i) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(ii) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

     ``Sec. 9203. Agency policies; complaint procedures

       ``The Director of the Office of Personnel Management 
     shall--
       ``(1) develop, implement, and publish a policy to assist 
     employees of agencies in complying with section 9202 and the 
     regulations issued pursuant to such section; and
       ``(2) establish and publish procedures under which an 
     applicant for an appointment to a position in the civil 
     service may submit a complaint, or any other information, 
     relating to compliance by an employee of an agency with 
     section 9202.

     ``Sec. 9204. Adverse action

       ``(a) First Violation.--If the Director of the Office of 
     Personnel Management determines, after notice and an 
     opportunity for a hearing on the record, that an employee of 
     an agency has violated section 9202, the Director shall--
       ``(1) issue to the employee a written warning that includes 
     a description of the violation and the additional penalties 
     that may apply for subsequent violations; and
       ``(2) file such warning in the employee's official 
     personnel record file.
       ``(b) Subsequent Violations.--If the Director of the Office 
     of Personnel Management determines, after notice and an 
     opportunity for a hearing on the record, that an employee 
     that was subject to subsection (a) has committed a subsequent 
     violation of section 9202, the Director may take the 
     following action:
       ``(1) For a second violation, suspension of the employee 
     for a period of not more than 7 days.
       ``(2) For a third violation, suspension of the employee for 
     a period of more than 7 days.
       ``(3) For a fourth violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $250.
       ``(4) For a fifth violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $500.
       ``(5) For any subsequent violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $1,000.

     ``Sec. 9205. Procedures

       ``(a) Appeals.--The Director of the Office of Personnel 
     Management shall by rule establish procedures providing for 
     an appeal from any adverse action taken under section 9204 by 
     not later than 30 days after the date of the action.
       ``(b) Applicability of Other Laws.--An adverse action taken 
     under section 9204 (including a determination in an appeal 
     from such an action under subsection (a) of this section) 
     shall not be subject to--
       ``(1) the procedures under chapter 75; or
       ``(2) except as provided in subsection (a) of this section, 
     appeal or judicial review.

     ``Sec. 9206. Rules of construction

       ``Nothing in this chapter may be construed to--
       ``(1) authorize any officer or employee of an agency to 
     request the disclosure of information described under 
     subparagraphs (B) and (C) of section 9201(4);
       ``(2) create a private right of action for any person; or
       ``(3) prohibit an agency from procuring a consumer report 
     (as defined in section 603 of the Fair Credit Reporting Act 
     (15 U.S.C. 1681a)) furnished by a consumer reporting agency 
     (as defined in such section 603) in accordance with that 
     Act.''.
       (b) Regulations; Effective Date.--
       (1) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall issue such regulations as are 
     necessary to carry out chapter 92 of title 5, United States 
     Code (as added by this subtitle).
       (2) Effective date.--Section 9202 of title 5, United States 
     Code (as added by this subtitle), shall take effect on the 
     date that is 2 years after the date of enactment of this Act.
       (c) Technical and Conforming Amendment.--The table of 
     chapters for part III of title 5, United States Code, is 
     amended by inserting after the item relating to chapter 91 
     the following:

``92. Prohibition on criminal history inquiries prior to conditional 
    offer...................................................9201''.....

       (d) Application to Legislative Branch.--
       (1) In general.--The Congressional Accountability Act of 
     1995 (2 U.S.C. 1301 et seq.) is amended--
       (A) in section 102(a) (2 U.S.C. 1302(a)), by adding at the 
     end the following:
       ``(12) Section 9202 of title 5, United States Code.'';
       (B) by redesignating section 207 (2 U.S.C. 1317) as section 
     208; and
       (C) by inserting after section 206 (2 U.S.C. 1316) the 
     following new section:

     ``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL 
                   HISTORY INQUIRIES.

       ``(a) Definitions.--In this section, the terms `agency', 
     `criminal history record information', and `suspension' have 
     the meanings given the terms in section 9201 of title 5, 
     United States Code, except as otherwise modified by this 
     section.
       ``(b) Restrictions on Criminal History Inquiries.--
       ``(1) In general.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an employee of an employing office may not request that an 
     applicant for employment as a covered employee disclose 
     criminal history record information if the request would be 
     prohibited under section 9202 of title 5, United States Code, 
     if made by an employee of an agency.
       ``(B) Conditional offer.--For purposes of applying that 
     section 9202 under subparagraph (A), a reference in that 
     section 9202 to a conditional offer shall be considered to be 
     an offer of employment as a covered employee that is 
     conditioned upon the results of a criminal history inquiry.
       ``(2) Rules of construction.--The provisions of section 
     9206 of title 5, United States Code, shall apply to employing 
     offices, consistent with regulations issued under subsection 
     (d).
       ``(c) Remedy.--
       ``(1) In general.--The remedy for a violation of subsection 
     (b)(1) shall be such remedy as would be appropriate if 
     awarded under section 9204 of title 5, United States Code, if 
     the violation had been committed by an employee of an agency, 
     consistent with regulations issued under subsection (d), 
     except that the reference in that section to a suspension 
     shall be considered to be a suspension with

[[Page S3338]]

     the level of compensation provided for a covered employee who 
     is taking unpaid leave under section 202.
       ``(2) Process for obtaining relief.--An applicant for 
     employment as a covered employee who alleges a violation of 
     subsection (b)(1) may rely on the provisions of title IV 
     (other than sections 404(2), 407, and 408), consistent with 
     regulations issued under subsection (d).
       ``(d) Regulations To Implement Section.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of the Fair Chance to Compete for Jobs Act of 
     2016, the Board shall, pursuant to section 304, issue 
     regulations to implement this section.
       ``(2) Parallel with agency regulations.--The regulations 
     issued under paragraph (1) shall be the same as substantive 
     regulations issued by the Director of the Office of Personnel 
     Management under section 1098(b)(1) of the Fair Chance to 
     Compete for Jobs Act of 2016 to implement the statutory 
     provisions referred to in subsections (a) through (c) except 
     to the extent that the Board may determine, for good cause 
     shown and stated together with the regulation, that a 
     modification of such regulations would be more effective for 
     the implementation of the rights and protections under this 
     section.
       ``(e) Effective Date.--Section 102(a)(12) and subsections 
     (a) through (c) shall take effect on the date on which 
     section 9202 of title 5, United States Code, applies with 
     respect to agencies.''.
       (2) Clerical amendment.--The table of contents of such Act 
     is amended--
       (A) by redesignating the item relating to section 207 as 
     the item relating to section 208; and
       (B) by inserting after the item relating to section 206 the 
     following new item:

``Sec. 207. Rights and protections relating to criminal history 
              inquiries.''.
       (e) Application to Judicial Branch.--
       (1) In general.--Section 604 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(i) Restrictions on Criminal History Inquiries.--
       ``(1) Definitions.--In this subsection--
       ``(A) the terms `agency' and `criminal history record 
     information' have the meanings given those terms in section 
     9201 of title 5;
       ``(B) the term `covered employee' means an employee of the 
     judicial branch of the United States Government, other than--
       ``(i) any judge or justice who is entitled to hold office 
     during good behavior;
       ``(ii) a United States magistrate judge; or
       ``(iii) a bankruptcy judge; and
       ``(C) the term `employing office' means any office or 
     entity of the judicial branch of the United States Government 
     that employs covered employees.
       ``(2) Restriction.--A covered employee may not request that 
     an applicant for employment as a covered employee disclose 
     criminal history record information if the request would be 
     prohibited under section 9202 of title 5 if made by an 
     employee of an agency.
       ``(3) Employing office policies; complaint procedure.--The 
     provisions of sections 9203 and 9206 of title 5 shall apply 
     to employing offices and to applicants for employment as 
     covered employees, consistent with regulations issued by the 
     Director to implement this subsection.
       ``(4) Adverse action.--
       ``(A) Adverse action.--The Director may take such adverse 
     action with respect to a covered employee who violates 
     paragraph (2) as would be appropriate under section 9204 of 
     title 5 if the violation had been committed by an employee of 
     an agency.
       ``(B) Appeals.--The Director shall by rule establish 
     procedures providing for an appeal from any adverse action 
     taken under subparagraph (A) by not later than 30 days after 
     the date of the action.
       ``(C) Applicability of other laws.--Except as provided in 
     subparagraph (B), an adverse action taken under subparagraph 
     (A) (including a determination in an appeal from such an 
     action under subparagraph (B)) shall not be subject to appeal 
     or judicial review.
       ``(5) Regulations to be issued.--
       ``(A) In general.--Not later than 18 months after the date 
     of enactment of the Fair Chance to Compete for Jobs Act of 
     2016, the Director shall issue regulations to implement this 
     subsection.
       ``(B) Parallel with agency regulations.--The regulations 
     issued under subparagraph (A) shall be the same as 
     substantive regulations promulgated by the Director of the 
     Office of Personnel Management under section 1098(b)(1) of 
     the Fair Chance to Compete for Jobs Act of 2016 except to the 
     extent that the Director of the Administrative Office of the 
     United States Courts may determine, for good cause shown and 
     stated together with the regulation, that a modification of 
     such regulations would be more effective for the 
     implementation of the rights and protections under this 
     subsection.
       ``(6) Effective date.--Paragraphs (1) through (4) shall 
     take effect on the date on which section 9202 of title 5 
     applies with respect to agencies.''.

     SEC. 1099. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY 
                   CONTRACTORS PRIOR TO CONDITIONAL OFFER.

       (a) Civilian Agency Contracts.--
       (1) In general.--Chapter 47 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4713. Prohibition on criminal history inquiries by 
       contractors prior to conditional offer

       ``(a) Limitation on Criminal History Inquiries.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), an executive agency--
       ``(A) may not require that an individual or sole proprietor 
     who submits a bid or competitive proposal for a contract to 
     disclose criminal history record information regarding that 
     individual or sole proprietor before determining the apparent 
     awardee; and
       ``(B) shall require, as a condition of receiving a Federal 
     contract and receiving payments under such contract that the 
     contractor may not verbally, or through written form, request 
     the disclosure of criminal history record information 
     regarding an applicant for a position related to work under 
     such contract before the contractor extends a conditional 
     offer to the applicant.
       ``(2) Otherwise required by law.--The prohibition under 
     paragraph (1) does not apply with respect to a contract if 
     consideration of criminal history record information prior to 
     a conditional offer with respect to the position is otherwise 
     required by law.
       ``(3) Exception for certain positions.--
       ``(A) In general.--The prohibition under paragraph (1) does 
     not apply with respect to--
       ``(i) a contract that requires an individual hired under 
     the contract to access classified information or to have 
     sensitive law enforcement or national security duties; or
       ``(ii) a position that the Administrator of General 
     Services identifies under the regulations issued under 
     subparagraph (B).
       ``(B) Regulations.--
       ``(i) Issuance.--Not later than 16 months after the date of 
     enactment of the Fair Chance to Compete for Jobs Act of 2016, 
     the Administrator of General Services, in consultation with 
     the Secretary of Defense, shall issue regulations identifying 
     additional positions with respect to which the prohibition 
     under paragraph (1) shall not apply, giving due consideration 
     to positions that involve interaction with minors, access to 
     sensitive information, or managing financial transactions.
       ``(ii) Compliance with civil rights laws.--The regulations 
     issued under clause (i) shall--

       ``(I) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(II) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

       ``(b) Complaint Procedures.--The Administrator of General 
     Services shall establish and publish procedures under which 
     an applicant for a position with a Federal contractor may 
     submit to the Administrator a complaint, or any other 
     information, relating to compliance by the contractor with 
     subsection (a)(1)(B).
       ``(c) Action for Violations of Prohibition on Criminal 
     History Inquiries.--
       ``(1) First violation.--If the head of an executive agency 
     determines that a contractor has violated subsection 
     (a)(1)(B), such head shall--
       ``(A) notify the contractor;
       ``(B) provide 30 days after such notification for the 
     contractor to appeal the determination; and
       ``(C) issue a written warning to the contractor that 
     includes a description of the violation and the additional 
     remedies that may apply for subsequent violations.
       ``(2) Subsequent violation.--If the head of an executive 
     agency determines that a contractor that was subject to 
     paragraph (1) has committed a subsequent violation of 
     subsection (a)(1)(B), such head shall notify the contractor, 
     shall provide 30 days after such notification for the 
     contractor to appeal the determination, and, in consultation 
     with the relevant Federal agencies, may take actions, 
     depending on the severity of the infraction and the 
     contractor's history of violations, including--
       ``(A) providing written guidance to the contractor that the 
     contractor's eligibility for contracts requires compliance 
     with this section;
       ``(B) requiring that the contractor respond within 30 days 
     affirming that the contractor is taking steps to comply with 
     this section; and
       ``(C) suspending payment under the contract for which the 
     applicant was being considered until the contractor 
     demonstrates compliance with this section.
       ``(d) Rules of Construction.--Nothing in this section may 
     be construed to--
       ``(1) prohibit an executive agency from procuring a 
     consumer report (as defined in section 603 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681a)) furnished by a consumer 
     reporting agency (as defined in such section 603) in 
     accordance with that Act; or
       ``(2) authorize an executive agency to prohibit a 
     contractor, as a condition of receiving a Federal contract 
     and receiving payments under such contract, from procuring a 
     consumer report (as defined in section 603 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681a)) furnished by a consumer 
     reporting agency (as defined in such section 603) in 
     accordance with that Act.
       ``(e) Definitions.--In this section:
       ``(1) Conditional offer.--The term `conditional offer' 
     means an offer of employment for a position related to work 
     under a contract that is conditioned upon the results of a 
     criminal history inquiry.

[[Page S3339]]

       ``(2) Criminal history record information.--The term 
     `criminal history record information' has the meaning given 
     that term in section 9201 of title 5.''.
       (2) Clerical amendment.--The table of sections of chapter 
     47 of such title is amended by inserting after the item 
     relating to section 4712 the following new item:

``4713. Prohibition on criminal history inquiries by contractors prior 
              to conditional offer.''.
       (3) Effective date.--Section 4713(a) of title 41, United 
     States Code, as added by paragraph (1), shall apply with 
     respect to contracts awarded pursuant to solicitations issued 
     after the effective date described in section 1098(b)(2) of 
     this subtitle.
       (b) Defense Contracts.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2338. Prohibition on criminal history inquiries by 
       contractors prior to conditional offer

       ``(a) Limitation on Criminal History Inquiries.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), the head of an agency--
       ``(A) may not require that an individual or sole proprietor 
     who submits a bid or competitive proposal for a contract to 
     disclose criminal history record information regarding that 
     individual or sole proprietor before determining the apparent 
     awardee; and
       ``(B) shall require as a condition of receiving a Federal 
     contract and receiving payments under such contract that the 
     contractor may not verbally or through written form request 
     the disclosure of criminal history record information 
     regarding an applicant for a position related to work under 
     such contract before such contractor extends a conditional 
     offer to the applicant.
       ``(2) Otherwise required by law.--The prohibition under 
     paragraph (1) does not apply with respect to a contract if 
     consideration of criminal history record information prior to 
     a conditional offer with respect to the position is otherwise 
     required by law.
       ``(3) Exception for certain positions.--
       ``(A) In general.--The prohibition under paragraph (1) does 
     not apply with respect to--
       ``(i) a contract that requires an individual hired under 
     the contract to access classified information or to have 
     sensitive law enforcement or national security duties; or
       ``(ii) a position that the Secretary of Defense identifies 
     under the regulations issued under subparagraph (B).
       ``(B) Regulations.--
       ``(i) Issuance.--Not later than 16 months after the date of 
     enactment of the Fair Chance to Compete for Jobs Act of 2016, 
     the Secretary of Defense, in consultation with the 
     Administrator of General Services, shall issue regulations 
     identifying additional positions with respect to which the 
     prohibition under paragraph (1) shall not apply, giving due 
     consideration to positions that involve interaction with 
     minors, access to sensitive information, or managing 
     financial transactions.
       ``(ii) Compliance with civil rights laws.--The regulations 
     issued under clause (i) shall--

       ``(I) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(II) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

       ``(b) Complaint Procedures.--The Secretary of Defense shall 
     establish and publish procedures under which an applicant for 
     a position with a Department of Defense contractor may submit 
     a complaint, or any other information, relating to compliance 
     by the contractor with subsection (a)(1)(B).
       ``(c) Action for Violations of Prohibition on Criminal 
     History Inquiries.--
       ``(1) First violation.--If the Secretary of Defense 
     determines that a contractor has violated subsection 
     (a)(1)(B), the Secretary shall--
       ``(A) notify the contractor;
       ``(B) provide 30 days after such notification for the 
     contractor to appeal the determination; and
       ``(C) issue a written warning to the contractor that 
     includes a description of the violation and the additional 
     remedies that may apply for subsequent violations.
       ``(2) Subsequent violations.--If the Secretary of Defense 
     determines that a contractor that was subject to paragraph 
     (1) has committed a subsequent violation of subsection 
     (a)(1)(B), the Secretary shall notify the contractor, shall 
     provide 30 days after such notification for the contractor to 
     appeal the determination, and, in consultation with the 
     relevant Federal agencies, may take actions, depending on the 
     severity of the infraction and the contractor's history of 
     violations, including--
       ``(A) providing written guidance to the contractor that the 
     contractor's eligibility for contracts requires compliance 
     with this section;
       ``(B) requiring that the contractor respond within 30 days 
     affirming that the contractor is taking steps to comply with 
     this section; and
       ``(C) suspending payment under the contract for which the 
     applicant was being considered until the contractor 
     demonstrates compliance with this section.
       ``(d) Rules of Construction.--Nothing in this section may 
     be construed to--
       ``(1) prohibit an agency from procuring a consumer report 
     (as defined in section 603 of the Fair Credit Reporting Act 
     (15 U.S.C. 1681a)) furnished by a consumer reporting agency 
     (as defined in such section 603) in accordance with that Act; 
     or
       ``(2) authorize an agency to prohibit a contractor, as a 
     condition of receiving a Federal contract and receiving 
     payments under such contract, from procuring a consumer 
     report (as defined in section 603 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681a)) furnished by a consumer 
     reporting agency (as defined in such section 603) in 
     accordance with that Act.
       ``(e) Definitions.--In this section:
       ``(1) Conditional offer.--The term `conditional offer' 
     means an offer of employment for a position related to work 
     under a contract that is conditioned upon the results of a 
     criminal history inquiry.
       ``(2) Criminal history record information.--The term 
     `criminal history record information' has the meaning given 
     that term in section 9201 of title 5.''.
       (2) Effective date.--Section 2338(a) of title 10, United 
     States Code, as added by paragraph (1), shall apply with 
     respect to contracts awarded pursuant to solicitations issued 
     after the effective date described in section 1098(b)(2) of 
     this subtitle.
       (3) Clerical amendment.--The table of sections at the 
     beginning of chapter 137 of such title is amended by 
     inserting after the item relating to section 2337 the 
     following new item:

``2338. Prohibition on criminal history inquiries by contractors prior 
              to conditional offer.''.
       (c) Revisions to Federal Acquisition Regulation.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Federal Acquisition Regulatory 
     Council shall revise the Federal Acquisition Regulation to 
     implement section 4713 of title 41, United States Code, and 
     section 2338 of title 10, United States Code, as added by 
     this section.
       (2) Consistency with office of personnel management 
     regulations.--The Federal Acquisition Regulatory Council 
     shall revise the Federal Acquisition Regulation under 
     paragraph (1) to be consistent with the regulations issued by 
     the Director of the Office of Personnel Management under 
     section 1098(b)(1) to the maximum extent practicable. The 
     Council shall include together with such revision an 
     explanation of any substantive modification of the Office of 
     Personnel Management regulations, including an explanation of 
     how such modification will more effectively implement the 
     rights and protections under this section.

     SEC. 1099A. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY 
                   INCARCERATED IN FEDERAL PRISONS.

       (a) Definition.--In this section, the term ``covered 
     individual''--
       (1) means an individual who has completed a term of 
     imprisonment in a Federal prison for a Federal criminal 
     offense; and
       (2) does not include an alien who is or will be removed 
     from the United States for a violation of the immigration 
     laws (as such term is defined in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101)).
       (b) Study and Report Required.--The Director of the Bureau 
     of Justice Statistics, in coordination with the Director of 
     the Bureau of the Census, shall--
       (1) not later than 6 months after the date of enactment of 
     this Act, design and initiate a study on the employment of 
     covered individuals after their release from Federal prison, 
     including by collecting--
       (A) demographic data on covered individuals, including 
     race, age, and sex; and
       (B) data on employment and earnings of covered individuals 
     who are denied employment, including the reasons for the 
     denials; and
       (2) not later than 2 years after the date of enactment of 
     this Act, and every 5 years thereafter, submit a report that 
     does not include any personally identifiable information on 
     the study conducted under paragraph (1) to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (C) the Committee on Oversight and Government Reform of the 
     House of Representatives; and
       (D) the Committee on Education and the Workforce of the 
     House of Representatives.
                                 ______
                                 
  SA 4338. Mr. McCAIN (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

[[Page S3340]]

  


     SEC. 1097. EXTENSION AND EXPANSION OF VETERANS CHOICE PROGRAM 
                   AND ESTABLISHMENT OF CONSISTENT CRITERIA AND 
                   STANDARDS RELATING TO PROVISION OF NON-
                   DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE.

       (a) Extension.--The Veterans Access, Choice, and 
     Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 
     1701 note) is amended--
       (1) in section 101(p)(2), by striking ``3 years'' and 
     inserting ``6 years''; and
       (2) in section 802(d)(1), by striking ``$10,000,000,000'' 
     and inserting ``$17,500,000,000''.
       (b) Expansion of Eligibility.--
       (1) In general.--Subsection (b)(2) of section 101 of such 
     Act is amended--
       (A) in subparagraph (C)(ii), by striking ``; or'' and 
     inserting a semicolon;
       (B) in subparagraph (D)(ii)(II)(dd), by striking the period 
     at the end and inserting ``; or''; and
       (C) by adding at the end the following new subparagraph:
       ``(E) has received health services under the pilot program 
     under section 403 of the Veterans' Mental Health and Other 
     Care Improvements Act of 2008 (Public Law 110-387; 38 U.S.C. 
     1703 note) and resides in a location described in section 
     (b)(2) of such section.''.
       (2) Conforming amendments.--
       (A) Information on availability of care.--Subsection (g)(3) 
     of such section is amended by striking ``or (D)'' and 
     inserting ``(D), or (E)''.
       (B) Report.--Subsection (q)(2)(A) of such section is 
     amended--
       (i) in clause (iii), by striking ``; and'' and inserting a 
     semicolon;
       (ii) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (iii) by adding at the end the following new clause:
       ``(v) eligible veterans described in subsection 
     (b)(2)(E).''.
       (c) Establishment of Criteria for Provision of Services 
     Through Non-Department Health Care Providers.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary of Veterans Affairs shall establish consistent 
     criteria and standards--
       (A) for purposes of determining eligibility of non-
     Department of Veterans Affairs health care providers to 
     provide health care under the laws administered by the 
     Secretary, including standards relating to education, 
     certification, licensure, training, and employment history; 
     and
       (B) for the reimbursement of such health care providers for 
     care or services provided under the laws administered by the 
     Secretary, which to the extent practicable shall--
       (i) except as provided in clauses (ii) and (iii), use rates 
     for reimbursement that are not more than the rates paid by 
     the United States to a provider of services (as defined in 
     section 1861(u) of the Social Security Act (42 U.S.C. 
     1395x(u))) under the Medicare program under title XVIII of 
     the Social Security Act (42 U.S.C. 1395 et seq.) for the same 
     care or services;
       (ii) with respect to care or services provided in Alaska, 
     use rates for reimbursement set forth in the Alaska Fee 
     Schedule of the Department of Veterans Affairs, except for 
     when another payment agreement, including a contract or 
     provider agreement, is in place, in which case use rates for 
     reimbursement set forth under such payment agreement;
       (iii) with respect to care or services provided in a State 
     with an All-Payer Model Agreement in effect under the Social 
     Security Act (42 U.S.C. 301 et seq.), use rates for 
     reimbursement based on the payment rates under such 
     agreement;
       (iv) incorporate the use of value-based reimbursement 
     models to promote the provision of high-quality care to 
     improve health outcomes and the experience of care for 
     veterans; and
       (v) be consistent with prompt payment standards required of 
     Federal agencies under chapter 39 of title 31, United States 
     Code.
       (2) Exception.--The criteria and standards required to be 
     established under paragraph (1) shall not apply to hospital 
     care and medical services furnished under section 101 of the 
     Veterans Access, Choice, and Accountability Act of 2014 
     (Public Law 113-146; 38 U.S.C. 1701 note).
       (d) Quarterly Report.--Not less frequently than quarterly 
     until all amounts deposited in the Veterans Choice Fund under 
     section 802 of the Veterans Access, Choice, and 
     Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 
     1701 note) are exhausted, the Secretary shall submit to the 
     Committee on Appropriations and the Committee on Veterans' 
     Affairs of the Senate and the Committee on Appropriations and 
     the Committee on Veterans' Affairs of the House of 
     Representatives an update on the expenditures made from such 
     Fund to carry out section 101 of such Act during the quarter 
     covered by the report.
       (e) Emergency Designations.--
       (1) In general.--The amendments made by subsections (a) and 
     (b) are designated as an emergency requirement pursuant to 
     section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 933(g)).
       (2) Designation in senate.--In the Senate, the amendments 
     made by subsections (a) and (b) are designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
                                 ______
                                 
  SA 4339. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division B, add the following:

             TITLE XXX--FEDERAL PROPERTY MANAGEMENT REFORM

     SEC. 2951. SHORT TITLE.

       This title may be cited as the ``Federal Property 
     Management Reform Act of 2016''.

     SEC. 2952. PURPOSE.

       The purpose of this title is to increase the efficiency and 
     effectiveness of the Federal Government in managing property 
     of the Federal Government by--
       (1) requiring the United States Postal Service to take 
     appropriate measures to better manage and account for 
     property and modernize the Postal fleet;
       (2) providing for increased collocation with Postal Service 
     facilities and guidance on Postal Service leasing practices;
       (3) establishing a Federal Property Council to develop 
     guidance on and ensure the implementation of strategies for 
     better managing Federal property;
       (4) providing incentives to agencies to dispose of excess 
     property through retention of proceeds; and
       (5) providing guidance for surplus property donations to 
     museums.

     SEC. 2953. PROPERTY MANAGEMENT.

       (a) In General.--Chapter 5 of subtitle I of title 40, 
     United States Code, is amended by adding at the end the 
     following:

                 ``Subchapter VII--Property Management

     ``Sec. 621. Definitions

       ``In this subchapter:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of General Services.
       ``(2) Council.--The term `Council' means the Federal 
     Property Council established by section 623(a).
       ``(3) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(4) Disposal.--The term `disposal' means any action that 
     constitutes the removal of any property from the inventory of 
     the Federal agency, including sale, transfer, deed, 
     demolition, donation, or exchange.
       ``(5) Federal agency.--The term `Federal agency' means--
       ``(A) an executive department or independent establishment 
     in the executive branch of the Government; or
       ``(B) a wholly owned Government corporation (other than the 
     United States Postal Service).
       ``(6) Field office.--The term `field office' means any 
     office of a Federal agency that is not the headquarters 
     office location for the Federal agency.
       ``(7) Postal property.--The term `postal property' means 
     any property owned or leased by the United States Postal 
     Service.
       ``(8) Public-private partnership.--The term `public-private 
     partnership' means any partnership or working relationship 
     between a Federal agency and a corporation, individual, or 
     nonprofit organization for the purpose of financing, 
     constructing, operating, managing, or maintaining 1 or more 
     Federal real property assets.
       ``(9) Underutilized property.--The term `underutilized 
     property' means a portion or the entirety of any real 
     property, including any improvements, that is used--
       ``(A) irregularly or intermittently by the accountable 
     Federal agency for program purposes of the Federal agency; or
       ``(B) for program purposes that can be satisfied only with 
     a portion of the property.

     ``Sec. 622. Collocation among United States Postal Service 
       properties

       ``(a) Identification of Postal Property.--Each year, the 
     Postmaster General shall--
       ``(1) identify a list of postal properties with space 
     available for use by Federal agencies; and
       ``(2) not later than September 30, submit the list to--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(B) the Committee on Oversight and Government Reform of 
     the House of Representatives.
       ``(b) Voluntary Identification of Postal Property.--Each 
     year, the Postmaster General may submit the list under 
     subsection (a) to the Council.
       ``(c) Submission of List of Postal Properties to Federal 
     Agencies.--
       ``(1) In general.--Not later than 30 days after the 
     completion of a list under subsection (a), the Council shall 
     provide the list to each Federal agency.
       ``(2) Review by federal agencies.--Not later than 90 days 
     after the receipt of the list submitted under paragraph (1), 
     each Federal agency shall--
       ``(A) review the list;
       ``(B) review properties under the control of the Federal 
     agency; and
       ``(C) recommend collocations if appropriate.
       ``(d) Terms of Collocation.--On approval of the 
     recommendations under subsection (c) by the Postmaster 
     General and the applicable agency head, the Federal agency or 
     appropriate landholding entity may work with

[[Page S3341]]

     the Postmaster General to establish appropriate terms of a 
     lease for each postal property.
       ``(e) Rule of Construction.--Nothing in this section 
     exceeds, modifies, or supplants any other Federal law 
     relating to any competitive bidding process governing the 
     leasing of postal property.

     ``Sec. 623. Establishment of a Federal Property Council

       ``(a) Establishment.--There is established a Federal 
     Property Council.
       ``(b) Purpose.--The purpose of the Council shall be--
       ``(1) to develop guidance and ensure implementation of an 
     efficient and effective property management strategy;
       ``(2) to identify opportunities for the Federal Government 
     to better manage property and assets of the Federal 
     Government; and
       ``(3) to reduce the costs of managing property of the 
     Federal Government, including operations, maintenance, and 
     security associated with Federal property.
       ``(c) Composition.--
       ``(1) In general.--The Council shall be composed 
     exclusively of--
       ``(A) the senior real property officers of each Federal 
     agency and the Postal Service;
       ``(B) the Deputy Director for Management of the Office of 
     Management and Budget;
       ``(C) the Controller of the Office of Management and 
     Budget;
       ``(D) the Administrator; and
       ``(E) any other full-time or permanent part-time Federal 
     officials or employees, as the Chairperson determines to be 
     necessary.
       ``(2) Chairperson.--The Deputy Director for Management of 
     the Office of Management and Budget shall serve as 
     Chairperson of the Council.
       ``(3) Executive director.--
       ``(A) In general.--The Chairperson shall designate an 
     Executive Director to assist in carrying out the duties of 
     the Council.
       ``(B) Qualifications; full-time.--The Executive Director 
     shall--
       ``(i) be appointed from among individuals who have 
     substantial experience in the areas of commercial real estate 
     and development, real property management, and Federal 
     operations and management;
       ``(ii) serve full time; and
       ``(iii) hold no outside employment that may conflict with 
     duties inherent to the position.
       ``(d) Meetings.--
       ``(1) In general.--The Council shall meet subject to the 
     call of the Chairperson.
       ``(2) Minimum.--The Council shall meet not fewer than 4 
     times each year.
       ``(e) Duties.--The Council, in consultation with the 
     Director and the Administrator, shall--
       ``(1) not later than 1 year after the date of enactment of 
     this subchapter, establish a property management plan 
     template, to be updated annually, which shall include 
     performance measures, specific milestones, measurable 
     savings, strategies, and Government-wide goals based on the 
     goals established under section 524(a)(7) to reduce surplus 
     property, to achieve better utilization of underutilized 
     property, or to enhance management of high value personal 
     property, and evaluation criteria to determine the 
     effectiveness of property management that are designed--
       ``(A) to enable Congress and heads of Federal agencies to 
     track progress in the achievement of property management 
     objectives on a Government-wide basis;
       ``(B) to improve the management of real property; and
       ``(C) to allow for comparison of the performance of Federal 
     agencies against industry and other public sector agencies in 
     terms of performance;
       ``(2) develop utilization rates consistent throughout each 
     category of space, considering the diverse nature of the 
     Federal portfolio and consistent with nongovernmental space 
     use rates;
       ``(3) develop a strategy to reduce the reliance of Federal 
     agencies on leased space for long-term needs if ownership 
     would be less costly;
       ``(4) provide guidance on eliminating inefficiencies in the 
     Federal leasing process;
       ``(5) compile a list of field offices that are suitable for 
     collocation with other property assets;
       ``(6) research best practices regarding the use of public-
     private partnerships to manage properties and develop 
     guidelines for the use of those partnerships in the 
     management of Federal property;
       ``(7) not later than 1 year after the date of enactment of 
     this subchapter--
       ``(A) examine the disposal of surplus property through the 
     State Agencies for Surplus Property program; and
       ``(B) issue a report that includes recommendations on how 
     the program could be improved to ensure accountability and 
     increase efficiencies in the property disposal process; and
       ``(8) not later than 1 year after the date of enactment of 
     this subchapter and annually during the 4-year period 
     beginning on the date that is 1 year after the date of 
     enactment of this subchapter and ending on the date that is 5 
     years after the date of enactment of this subchapter, the 
     Council shall submit to the Director a report that contains--
       ``(A) a list of the remaining excess property or surplus 
     property that is real property, and underutilized properties 
     of each Federal agency;
       ``(B) the progress of the Council toward developing 
     guidance for Federal agencies to ensure that the assessment 
     required under section 524(a)(11)(B) is carried out in a 
     uniform manner;
       ``(C) the progress of Federal agencies toward achieving the 
     goals established under section 524(a)(7); and
       ``(D) if necessary, recommendations for legislation or 
     statutory reforms that would further the goals of the 
     Council, including streamlining the disposal of excess real 
     or personal property or underutilized property.
       ``(f) Consultation.--In carrying out the duties described 
     in subsection (e), the Council shall also consult with 
     representatives of--
       ``(1) State, local, tribal authorities, and affected 
     communities; and
       ``(2) appropriate private sector entities and 
     nongovernmental organizations that have expertise in areas 
     of--
       ``(A) commercial real estate and development;
       ``(B) government management and operations;
       ``(C) space planning;
       ``(D) community development, including transportation and 
     planning;
       ``(E) historic preservation;
       ``(F) providing housing to the homeless population; and
       ``(G) personal property management.
       ``(g) Council Resources.--The Director and the 
     Administrator shall provide staffing, and administrative 
     support for the Council, as appropriate.
       ``(h) Access to Information.--The Council shall make 
     available, on request, all information generated by the 
     Council in performing the duties of the Council to--
       ``(1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(2) the Committee on Environment and Public Works of the 
     Senate;
       ``(3) the Committee on Oversight and Government Reform of 
     the House of Representatives;
       ``(4) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       ``(5) the Comptroller General of the United States.
       ``(i) Exclusions.--In this section, surplus property shall 
     not include--
       ``(1) any military installation (as defined in section 2910 
     of the Defense Base Closure and Realignment Act of 1990 (10 
     U.S.C. 2687 note; Public Law 101-510));
       ``(2) any property that is excepted from the definition of 
     the term `property' under section 102;
       ``(3) Indian and native Eskimo property held in trust by 
     the Federal Government as described in section 
     3301(a)(5)(C)(iii);
       ``(4) real property operated and maintained by the 
     Tennessee Valley Authority pursuant to the Tennessee Valley 
     Authority Act of 1933 (16 U.S.C. 831 et seq.);
       ``(5) any real property the Director excludes for reasons 
     of national security;
       ``(6) any public lands (as defined in section 203 of the 
     Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered 
     by--
       ``(A) the Secretary of the Interior, acting through--
       ``(i) the Director of the Bureau of Land Management;
       ``(ii) the Director of the National Park Service;
       ``(iii) the Commissioner of Reclamation; or
       ``(iv) the Director of the United States Fish and Wildlife 
     Service; or
       ``(B) the Secretary of Agriculture, acting through the 
     Chief of the Forest Service; or
       ``(7) any property operated and maintained by the United 
     States Postal Service.

     ``Sec. 624. Inventory and database

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this subchapter, the Administrator shall 
     establish and maintain a single, comprehensive, and 
     descriptive database of all real property under the custody 
     and control of all Federal agencies.
       ``(b) Contents.--The database shall include--
       ``(1) information provided to the Administrator under 
     section 524(a)(11)(B); and
       ``(2) a list of property disposals completed, including--
       ``(A) the date and disposal method used for each property;
       ``(B) the proceeds obtained from the disposal of each 
     property;
       ``(C) the amount of time required to dispose of the 
     property, including the date on which the property is 
     designated as excess property;
       ``(D) the date on which the property is designated as 
     surplus property and the date on which the property is 
     disposed; and
       ``(E) all costs associated with the disposal.
       ``(c) Accessibility.--
       ``(1) Committees.--The database established under 
     subsection (a) shall be made available on request to the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Oversight and Government Reform and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       ``(2) General public.--Not later than 3 years after the 
     date of enactment of this subchapter and to the extent 
     consistent with national security, the Administrator shall 
     make the database established under subsection (a) accessible 
     to the public at no cost through the website of the General 
     Services Administration.

[[Page S3342]]

       ``(d) Exclusions.--In this section, surplus property shall 
     not include--
       ``(1) any military installation (as defined in section 2910 
     of the Defense Base Closure and Realignment Act of 1990 (10 
     U.S.C. 2687 note; Public Law 101-510));
       ``(2) any property that is excepted from the definition of 
     the term `property' under section 102;
       ``(3) Indian and native Eskimo property held in trust by 
     the Federal Government as described in section 
     3301(a)(5)(C)(iii);
       ``(4) real property operated and maintained by the 
     Tennessee Valley Authority pursuant to the Tennessee Valley 
     Authority Act of 1933 (16 U.S.C. 831 et seq.);
       ``(5) any real property the Director excludes for reasons 
     of national security;
       ``(6) any public lands (as defined in section 203 of the 
     Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered 
     by--
       ``(A) the Secretary of the Interior, acting through--
       ``(i) the Director of the Bureau of Land Management;
       ``(ii) the Director of the National Park Service;
       ``(iii) the Commissioner of Reclamation; or
       ``(iv) the Director of the United States Fish and Wildlife 
     Service; or
       ``(B) the Secretary of Agriculture, acting through the 
     Chief of the Forest Service; or
       ``(7) any property operated and maintained by the United 
     States Postal Service.

     ``Sec. 625. Information on certain leasing authorities

       ``(a) In General.--Except as provided in subsection (b), 
     not later than December 31 of each year following the date of 
     enactment of this subchapter, a Federal agency with 
     independent leasing authority shall submit to the Council a 
     list of all leases, including operating leases, in effect on 
     the date of enactment of this subchapter that includes--
       ``(1) the date on which each lease was executed;
       ``(2) the date on which each lease will expire;
       ``(3) a description of the size of the space;
       ``(4) the location of the property;
       ``(5) the tenant agency;
       ``(6) the total annual rental payment; and
       ``(7) the amount of the net present value of the total 
     estimated legal obligations of the Federal Government over 
     the life of the contract.
       ``(b) Exception.--Subsection (a) shall not apply to--
       ``(1) the United States Postal Service; or
       ``(2) any other property the President excludes from 
     subsection (a) for reasons of national security.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 5 
     of subtitle I of title 40, United States Code, is amended by 
     inserting after the item relating to section 611 the 
     following:

                  ``subchapter vii--property management

``Sec. 621. Definitions.
``Sec. 622. Collocation among United States Postal Service properties.
``Sec. 623. Establishment of a Federal Property Council.
``Sec. 624. Inventory and database.
``Sec. 625. Information on certain leasing authorities.''.

       (2) Technical amendment.--Section 102 of title 40, United 
     States Code, is amended in the matter preceding paragraph (1) 
     by striking ``The'' and inserting ``Except as provided in 
     subchapters VII and VIII of chapter 5 of this title, the''.

     SEC. 2954. UNITED STATES POSTAL SERVICE PROPERTY MANAGEMENT.

       (a) In General.--Chapter 5 of subtitle I of title 40, 
     United States Code, as amended by section 2953, is amended by 
     adding at the end the following:

  ``Subchapter VIII--United States Postal Service Property Management

     ``Sec. 641. Definitions

       ``In this subchapter:
       ``(1) Excess property.--The term `excess property' means 
     any postal property that the Postal Service determines is not 
     required to meet the needs or responsibilities of the Postal 
     Service.
       ``(2) Postal property.--The term `postal property' means 
     any property owned or leased by, or under the control of, the 
     Postal Service.
       ``(3) Postal service.--The term `Postal Service' means the 
     United States Postal Service.
       ``(4) Underutilized property.--The term `underutilized 
     property' means a portion or the entirety of any real 
     property, including any improvements, that is used--
       ``(A) irregularly or intermittently by the Postal Service 
     for program purposes of the Postal Service; or
       ``(B) for program purposes that can be satisfied only with 
     a portion of the property.

     ``Sec. 642. United States Postal Service property management

       ``The Postal Service--
       ``(1) shall maintain adequate inventory controls and 
     accountability systems for postal property;
       ``(2) shall develop current and future workforce 
     projections so as to have the capacity to assess the needs of 
     the Postal Service workforce regarding the use of property;
       ``(3) may develop a 5-year management template that--
       ``(A) establishes goals and policies that will lead to the 
     reduction of excess property and underutilized property in 
     the inventory of the Postal Service;
       ``(B) adopts workplace practices, configurations, and 
     management techniques that can achieve increased levels of 
     productivity and decrease the need for real property assets;
       ``(C) assesses leased space to identify space that is not 
     fully used or occupied;
       ``(D) develops recommendations on how to address excess 
     capacity at Postal Service facilities without negatively 
     impacting mail delivery; and
       ``(E) develops recommendations on ensuring the security of 
     mail processing operations; and
       ``(4) shall, on a regular basis--
       ``(A) conduct an inventory of postal property that is real 
     property; and
       ``(B) make an assessment of each property described in 
     subparagraph (A), which shall include--
       ``(i) the age and condition of the property;
       ``(ii) the size of the property in square footage and 
     acreage;
       ``(iii) the geographical location of the property, 
     including an address and description;
       ``(iv) the extent to which the property is being utilized;
       ``(v) the actual annual operating costs associated with the 
     property;
       ``(vi) the total cost of capital expenditures associated 
     with the property;
       ``(vii) the number of postal employees, contractor 
     employees, and functions housed at the property;
       ``(viii) the extent to which the mission of the Postal 
     Service is dependent on the property; and
       ``(ix) the estimated amount of capital expenditures 
     projected to maintain and operate the property over each of 
     the next 5 years after the date of enactment of this 
     subchapter.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 5 of subtitle I of title 40, United 
     States Code, as amended by section 3, is amended by inserting 
     after the item relating to section 626 the following:

   ``subchapter viii--united states postal service property management

``Sec. 641. Definitions.
``Sec. 642. United States Postal Service property management.''.

     SEC. 2955. AGENCY RETENTION OF PROCEEDS.

       Section 571 of title 40, United States Code, is amended to 
     read as follows:

     ``Sec. 571. General rules for deposit and use of proceeds

       ``(a) Proceeds From Transfer or Sale of Real Property.--
       ``(1) Deposit of net proceeds.--Net proceeds described in 
     subsection (d) shall be deposited into the appropriate 
     account of the agency that had custody and accountability for 
     the property at the time the property is determined to be 
     excess.
       ``(2) Expenditure of net proceeds.--The net proceeds 
     deposited pursuant to paragraph (1) may only be expended as 
     authorized in annual appropriations Acts, for--
       ``(A) activities described in sections 543 and 545, 
     including paying costs incurred by the General Services 
     Administration for any disposal-related activity authorized 
     by this title; and
       ``(B) activities pursuant to implementation of the Federal 
     Buildings Personnel Training Act of 2010 (40 U.S.C. 581 note; 
     Public Law 111-308).
       ``(3) Deficit reduction.--Any net proceeds described in 
     subsection (d) from the sale, lease, or other disposition of 
     surplus real property that are not expended under paragraph 
     (2) shall be used for deficit reduction.
       ``(b) Effect on Other Sections.--Nothing in this section is 
     intended to affect section 572(b), 573, or 574.
       ``(c) Disposal Agency for Reverted Property.--For the 
     purposes of this section, for any property that reverts to 
     the United States under sections 550 and 553, the General 
     Services Administration, as the disposal agency, shall be 
     treated as the agency with custody and accountability for the 
     property at the time the property is determined to be excess.
       ``(d) Net Proceeds.--The net proceeds described in this 
     subsection are proceeds under this chapter, less expenses of 
     the transfer or disposition as provided in section 572(a), 
     from--
       ``(1) a transfer of excess real property to a Federal 
     agency for agency use; or
       ``(2) a sale, lease, or other disposition of surplus real 
     property.
       ``(e) Proceeds From Transfer or Sale of Personal 
     Property.--
       ``(1) In general.--Except as otherwise provided in this 
     subchapter, proceeds described in paragraph (2) shall be 
     deposited in the Treasury as miscellaneous receipts.
       ``(2) Proceeds.--The proceeds described in this paragraph 
     are proceeds under this chapter from--
       ``(A) a transfer of excess personal property to a Federal 
     agency for agency use; or
       ``(B) a sale, lease, or other disposition of surplus 
     personal property.
       ``(3) Payment of expenses of sale before deposit.--
       ``(A) In general.--Subject to regulations under this 
     subtitle, the expenses of the sale of personal property may 
     be paid from the proceeds of the sale so that only the net 
     proceeds are deposited in the Treasury.
       ``(B) Application.--This paragraph applies whether proceeds 
     are deposited as miscellaneous receipts or to the credit of 
     an appropriation as authorized by law.''.

[[Page S3343]]

  


     SEC. 2956. INSPECTOR GENERAL REPORT ON UNITED STATES POSTAL 
                   SERVICE PROPERTY.

       (a) Definition of Excess Property.--In this section, the 
     term ``excess property'' has the meaning given the term in 
     section 641 of title 40, United States Code, as added by 
     section 2954.
       (b) Excess Property Report.--Not later than 2 years after 
     the date of enactment of this Act, the Inspector General of 
     the United States Postal Service shall submit to Congress a 
     report that includes--
       (1) a survey of excess property held by the United States 
     Postal Service; and
       (2) recommendations for repurposing property identified in 
     paragraph (1)--
       (A) to--
       (i) reduce excess capacity; and
       (ii) increase collocation with other Federal agencies; and
       (B) without diminishing the ability of the United States 
     Postal Service to meet the service standards established 
     under section 3691 of title 39, United States Code, as in 
     effect on January 1, 2016.

     SEC. 2957. REPORTS ON UNITED STATES POSTAL SERVICE FLEET 
                   MODERNIZATION.

       (a) GAO Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall study and submit to Congress a report on--
       (1) the feasibility of the United States Postal Service 
     designing mail delivery vehicles that are equipped for 
     diverse geographic conditions such as travel in rural areas 
     and extreme weather conditions; and
       (2) the feasibility and cost of the United States Postal 
     Service integrating the use of collision-averting technology 
     into its vehicle fleet.
       (b) Postal Service Report.--Not later than 1 year after the 
     date of enactment of this Act, the United States Postal 
     Service shall submit to Congress a report that includes--
       (1) a review of the efforts of the United States Postal 
     Service relating to fleet replacement and modernization; and
       (2) a strategy for carrying out the fleet replacement and 
     lifecycle plan of the United States Postal Service.

     SEC. 2958. SURPLUS PROPERTY DONATIONS TO MUSEUMS.

       Section 549(c)(3)(B) of title 40, United States Code, is 
     amended by striking clause (vii) and inserting the following:
       ``(vii) a museum open to the public on a regularly 
     scheduled weekly basis, and the hours of operation are, at a 
     minimum, during normal business hours (as determined by the 
     Administrator);''.

     SEC. 2959. DUTIES OF FEDERAL AGENCIES.

       (a) In General.--Section 524(a) of title 40, United States 
     Code, is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(6) develop current and future workforce projections so 
     as to have the capacity to assess the needs of the Federal 
     workforce regarding the use of real property;
       ``(7) establish goals and policies that will lead the 
     executive agency to reduce excess property and underutilized 
     property in the inventory of the executive agency;
       ``(8) submit to the Federal Property Council an annual 
     report on all excess property that is real property and 
     underutilized property in the inventory of the executive 
     agency, including--
       ``(A) whether underutilized property can be better 
     utilized, including through collocation with other executive 
     agencies or consolidation with other facilities; and
       ``(B) the extent to which the executive agency believes 
     that retention of the underutilized property serves the needs 
     of the executive agency;
       ``(9) adopt workplace practices, configurations, and 
     management techniques that can achieve increased levels of 
     productivity and decrease the need for real property assets;
       ``(10) assess leased space to identify space that is not 
     fully used or occupied;
       ``(11) on an annual basis and subject to the guidance of 
     the Federal Property Council--
       ``(A) conduct an inventory of real property under control 
     of the executive agency; and
       ``(B) make an assessment of each property, which shall 
     include--
       ``(i) the age and condition of the property;
       ``(ii) the size of the property in square footage and 
     acreage;
       ``(iii) the geographical location of the property, 
     including an address and description;
       ``(iv) the extent to which the property is being utilized;
       ``(v) the actual annual operating costs associated with the 
     property;
       ``(vi) the total cost of capital expenditures incurred by 
     the Federal Government associated with the property;
       ``(vii) sustainability metrics associated with the 
     property;
       ``(viii) the number of Federal employees and contractor 
     employees and functions housed at the property;
       ``(ix) the extent to which the mission of the executive 
     agency is dependent on the property;
       ``(x) the estimated amount of capital expenditures 
     projected to maintain and operate the property during the 5-
     year period beginning on the date of enactment of this 
     paragraph; and
       ``(xi) any additional information required by the 
     Administrator of General Services to carry out section 623; 
     and
       ``(12) provide to the Federal Property Council and the 
     Administrator of General Services the information described 
     in paragraph (11)(B) to be used for the establishment and 
     maintenance of the database described in section 624.''.
       (b) Definition of Executive Agency.--Section 524 of title 
     40, United States Code, is amended by adding at the end the 
     following:
       ``(c) Definition of Executive Agency.--For the purpose of 
     paragraphs (6) through (12) of subsection (a), the term 
     `executive agency' shall have the meaning given the term 
     `Federal agency' in section 621.''.
                                 ______
                                 
  SA 4340. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 306. ENVIRONMENTAL TESTING AND REMEDIATION AT MILITARY 
                   INSTALLATIONS WHERE AQUEOUS FILM FORMING FOAM 
                   HAS BEEN USED.

       (a) Identification of Potentially Contaminated Sites.--The 
     Secretary of Defense shall direct the service secretaries to 
     identify and make publicly available a list of military 
     installations located in the United States where the fire 
     extinguishing agent Aqueous Film Forming Foam was or could 
     have been discharged.
       (b) Testing.--The Secretary of Defense shall make available 
     to local water authorities and residents located at or near 
     the military installations identified pursuant to subsection 
     (a) testing of drinking water for the presence of 
     perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic 
     acid (PFOA) above the current Lifetime Health Advisory (LHA) 
     limits.
       (c) Actions Required at Locations With Contamination Found 
     Above LHA Limits.--If testing under subsection (b) identifies 
     PFOS and PFOA contamination above LHA limits at or around a 
     military installation identified under subsection (a), the 
     Secretary of Defense shall--
       (1) notify local residents within 15 days of the test 
     results;
       (2) provide affected individuals with an alternative, 
     uncontaminated drinking water source within 15 days of such 
     results that shall remain available until a remediation plan 
     is fully implemented;
       (3) develop and begin implementation of a remediation plan 
     within 45 days of the results, unless such a plan is not 
     technically feasible or is cost-prohibitive, in which case 
     the Secretary may develop and implement a plan to provide a 
     permanent alternative water supply to affected residents; and
       (4) provide public status reports on the progress of 
     implementation of the remediation plan every 45 days until 
     remediation is complete.
                                 ______
                                 
  SA 4341. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of section 1531, add the following:
       (c) Availability of Funds for Countering Movement of 
     Precursor Materials.--
       (1) In general.--Of the funds made available for the Joint 
     Improvised Explosive Device Defeat Fund for fiscal year 2017 
     by this Act, up to $15,000,000 may be used by the Secretary 
     of Defense to provide assistance in the form of training, 
     equipment, supplies, and services to ministries and other 
     governmental entities of any country that the Secretary of 
     Defense, with the concurrence of the Secretary of State, has 
     identified as critical for countering the movement of 
     precursor materials for improvised explosive devices. Any 
     such assistance shall be provided for the purpose of 
     countering the movement of such precursor materials.
       (2) Provision through other united states agencies.--If 
     agreed upon by the Secretary of Defense and the head of 
     another department or agency of the United States, the 
     Secretary may transfer funds available under paragraph (1) to 
     the head of such department or agency for the provision by 
     such department or agency of assistance described in that 
     paragraph to ministries and other government entities of a 
     country identified under that paragraph.
       (d) Sense of Congress.--It is the sense of Congress that 
     the Department of Defense should increase efforts to combat 
     the use of improvised explosive devices by the terrorist 
     group the Islamic State of Iraq and the Levant (ISIL) and the 
     illicit smuggling of improvised explosive device precursor 
     materials by that terrorist group.
                                 ______
                                 
  SA 4342. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for

[[Page S3344]]

military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2826. RETURN OF CERTAIN LANDS AT FORT WINGATE TO THE 
                   ORIGINAL INHABITANTS ACT.

       (a) Short Title.--This section may be cited as the ``Return 
     of Certain Lands At Fort Wingate to The Original Inhabitants 
     Act''.
       (b) Division and Treatment of Lands of Former Fort Wingate 
     Depot Activity, New Mexico, to Benefit the Zuni Tribe and 
     Navajo Nation.--
       (1) Immediate trust on behalf of zuni tribe; exception.--
     Subject to valid existing rights and to easements reserved 
     pursuant to subsection (c), all right, title, and interest of 
     the United States in and to the lands of Former Fort Wingate 
     Depot Activity depicted in dark blue on the map titled ``The 
     Fort Wingate Depot Activity Negotiated Property Division 
     April 2016'' (in this section referred to as the ``Map'') and 
     transferred to the Secretary of the Interior are to be held 
     in trust by the Secretary of the Interior for the Zuni Tribe 
     as part of the Zuni Reservation, unless the Zuni Tribe 
     otherwise elects under clause (ii) of paragraph (3)(C) to 
     have the parcel conveyed to it in Restricted Fee Status.
       (2) Immediate trust on behalf of the navajo nation; 
     exception.--Subject to valid existing rights and to easements 
     reserved pursuant to subsection (c), all right, title, and 
     interest of the United States in and to the lands of Former 
     Fort Wingate Depot Activity depicted in dark green on the Map 
     and transferred to the Secretary of the Interior are to be 
     held in trust by the Secretary of the Interior for the Navajo 
     Nation as part of the Navajo Reservation, unless the Navajo 
     Nation otherwise elects under clause (ii) of paragraph (3)(C) 
     to have the parcel conveyed to it in Restricted Fee Status.
       (3) Subsequent transfer and trust; restricted fee status 
     alternative.--
       (A) Transfer upon completion of remediation.--Not later 
     than 60 days after the date on which the Secretary of the 
     Army, with the concurrence of the New Mexico Environment 
     Department, notifies the Secretary of the Interior that 
     remediation of a parcel of land of Former Fort Wingate Depot 
     Activity has been completed consistent with subsection (d), 
     the Secretary of the Army shall transfer administrative 
     jurisdiction over the parcel to the Secretary of the 
     Interior.
       (B) Notification of transfer.--Not later than 30 days after 
     the date on which the Secretary of the Army transfers 
     administrative jurisdiction over a parcel of land of Former 
     Fort Wingate Depot Activity under subparagraph (A), the 
     Secretary of the Interior shall notify the Zuni Tribe and 
     Navajo Nation of the transfer of administrative jurisdiction 
     over the parcel.
       (C) Trust or restricted fee status.--
       (i) Trust.--Except as provided in clause (ii), the 
     Secretary of the Interior shall hold each parcel of land of 
     Former Fort Wingate Depot Activity transferred under 
     subparagraph (A) in trust--

       (I) for the Zuni Tribe, in the case of land depicted in 
     blue on the Map; or
       (II) for the Navajo Nation, in the case of land depicted in 
     green on the Map.

       (ii) Restricted fee status.--In lieu of having a parcel of 
     land held in trust under clause (i), the Zuni Tribe, with 
     respect to land depicted in blue on the Map, and the Navajo 
     Nation, with respect to land depicted in green on the Map, 
     may elect to have the Secretary of the Interior convey the 
     parcel or any portion of the parcel to it in restricted fee 
     status.
       (iii) Notification of election.--Not later than 45 days 
     after the date on which the Zuni Tribe or the Navajo Nation 
     receives notice under subparagraph (B) of the transfer of 
     administrative jurisdiction over a parcel of land of Former 
     Fort Wingate Depot Activity, the Zuni Tribe or the Navajo 
     Nation shall notify the Secretary of the Interior of an 
     election under clause (ii) for conveyance of the parcel or 
     any portion of the parcel in restricted fee status.
       (iv) Conveyance.--As soon as practicable after receipt of a 
     notice from the Zuni Tribe or the Navajo Nation under clause 
     (iii), but in no case later than 6 months after receipt of 
     the notice, the Secretary of the Interior shall convey, in 
     restricted fee status, the parcel of land of Former Fort 
     Wingate Depot Activity covered by the notice to the Zuni 
     Tribe or the Navajo Nation, as the case may be.
       (v) Restricted fee status defined.--For purposes of this 
     section only, the term ``restricted fee status'', with 
     respect to land conveyed under clause (iv), means that the 
     land so conveyed--

       (I) shall be owned in fee by the Indian tribe to whom the 
     land is conveyed;
       (II) shall be part of the Indian tribe's Reservation and 
     expressly made subject to the jurisdiction of the Indian 
     Tribe;
       (III) shall not be sold by the Indian tribe without the 
     consent of Congress;
       (IV) shall not be subject to taxation by any government 
     other than the government of the Indian tribe; and
       (V) shall not be subject to any provision of law providing 
     for the review or approval by the Secretary of the Interior 
     before an Indian tribe may use the land for any purpose, 
     directly or through agreement with another party.

       (4) Survey and boundary requirements.--
       (A) In general.--The Secretary of the Interior shall--
       (i) provide for the survey of lands of Former Fort Wingate 
     Depot Activity taken into trust for the Zuni Tribe or the 
     Navajo Nation or conveyed in restricted fee status for the 
     Zuni Tribe or the Navajo Nation under paragraph (1), (2), or 
     (3); and
       (ii) establish legal boundaries based on the Map as parcels 
     are taken into trust or conveyed in restricted fee status.
       (B) Consultation.--Not later than 90 days after the date of 
     the enactment of this section, the Secretary of the Interior 
     shall consult with the Zuni Tribe and the Navajo Nation to 
     determine their priorities regarding the order in which 
     parcels should be surveyed and, to the greatest extent 
     feasible, the Secretary shall follow these priorities.
       (5) Relation to certain regulations.--Part 151 of title 25, 
     Code of Federal Regulations, shall not apply to taking lands 
     of Former Fort Wingate Depot Activity into trust under 
     paragraph (1), (2), or (3).
       (6) Fort wingate launch complex land status.--Upon 
     certification by the Secretary of Defense that the area 
     generally depicted as ``Fort Wingate Launch Complex'' on the 
     Map is no longer required for military purposes and can be 
     transferred to the Secretary of the Interior--
       (A) the areas generally depicted as ``FWLC A'' and ``FWLC 
     B'' on the Map shall be held in trust by the Secretary of the 
     Interior for the Zuni Tribe in accordance with this 
     subsection; and
       (B) the areas generally depicted as ``FWLC C'' and ``FWLC 
     D'' on the Map shall be held in trust by the Secretary of the 
     Interior for the Navajo Nation in accordance with this 
     subsection.
       (c) Retention of Necessary Easements and Access.--
       (1) Rights-of-way.--Entities operating on the land 
     described herein, subject to prior easements and/or rights-
     of-way agreements, shall be granted a one-time 30-year 
     extension of that agreement retroactive to the expiration of 
     the prior agreement at existing compensation rates and 
     subject to current Department of Interior regulations 
     concerning easements and rights-of-ways. Compensation for 
     future rights-of-way agreements and/or easements shall be 
     negotiated between the parties based on prevailing market 
     rates at the time of the negotiation.
       (2) Access for environmental response actions.--The lands 
     of Former Fort Wingate Depot Activity held in trust or 
     conveyed in restricted fee status pursuant to subsection (b) 
     shall be subject to reserved access by the United States as 
     the Secretary of the Army and the Secretary of the Interior 
     determine are reasonably required to permit access to lands 
     of Former Fort Wingate Depot Activity for administrative and 
     environmental response purposes. The Secretary of the Army 
     shall provide to the governments of the Zuni Tribe and the 
     Navajo Nation written copies of all access reservations under 
     this subsection.
       (3) Shared access.--
       (A) Parcel 1 shared cultural and religious access.--In the 
     case of the lands of Former Fort Wingate Depot Activity 
     depicted as Parcel 1 on the Map, the lands shall be held in 
     trust subject to a shared easement for cultural and religious 
     purposes only. Both the Zuni Tribe and the Navajo Nation 
     shall have unhindered access to their respective cultural and 
     religious sites within Parcel 1. Within 1 year after the date 
     of the enactment of this section, the Zuni Tribe and the 
     Navajo Nation shall exchange detailed information to document 
     the existence of cultural and religious sites within Parcel 1 
     for the purpose of carrying out this subparagraph. The 
     information shall also be provided to the Secretary of the 
     Interior.
       (B) Other shared access.--Subject to the written consent of 
     both the Zuni Tribe and the Navajo Nation, the Secretary of 
     the Interior may facilitate shared access to other lands held 
     in trust or restricted fee status pursuant to subsection (b), 
     including, but not limited to, religious and cultural sites.
       (4) I-40 frontage road entrance.--The access road for the 
     Former Fort Wingate Depot Activity, which originates at the 
     frontage road for Interstate 40 and leads to the parcel of 
     the Former Fort Wingate Depot Activity depicted as 
     ``administration area'' on the Map, shall be held in common 
     by the Zuni Tribe and Navajo Nation to provide for equal 
     access to Former Fort Wingate Depot Activity.
       (5) Compatibility with defense activities.--The lands of 
     Former Fort Wingate Depot Activity held in trust or conveyed 
     in restricted fee status pursuant to subsection (b) shall be 
     subject to reservations by the United States as the Secretary 
     of Defense determines are reasonably required to permit 
     access to lands of the Fort Wingate launch complex for 
     administrative, test operations, and launch operations 
     purposes. The Secretary of Defense shall provide the 
     governments of the Zuni Tribe and the Navajo Nation written 
     copies of all reservations under this paragraph.
       (d) Environmental Remediation.--Nothing in this section 
     shall be construed as alleviating, altering, or affecting the 
     responsibility of the United States for cleanup and 
     remediation of Former Fort Wingate Depot

[[Page S3345]]

     Activity in accordance with the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980.
                                 ______
                                 
  SA 4343. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 565. REPORT ON AVAILABILITY OF COLLEGE CREDIT FOR SKILLS 
                   ACQUIRED DURING MILITARY SERVICE.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Defense, in consultation with the 
     Secretaries of Veterans Affairs, Education, and Labor, shall 
     submit to Congress a report on the transfer of skills into 
     equivalent college credits or technical certifications for 
     members of the Armed Forces leaving the military. Such report 
     shall describe each of the following:
       (1) The ability of service members to receive transfer 
     credit or technical certifications for military experience, 
     including skills acquired during military service or training 
     performed in the course of performing military duties.
       (2) An evaluation of those schools that do provide such 
     credit, the type and amount of credit provided, whether the 
     number of schools providing such credit could be expanded, 
     and obstacles to such expansion.
       (3) A listing of civilian career fields best suited for the 
     certifications and training obtained by technically-trained 
     service members during their time in the Armed Forces.
       (4) The number of veterans 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.
                                 ______
                                 
  SA 4344. Mr. SULLIVAN (for himself, Mr. Warner, Mr. Cornyn, and Mr. 
Kirk) submitted an amendment intended to be proposed by him to the bill 
S. 2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1247. MILITARY-TO-MILITARY EXCHANGES WITH INDIA.

       To enhance military cooperation and encourage engagement in 
     joint military operations between the United States and 
     India, the Secretary of Defense may take appropriate actions 
     to ensure that exchanges between senior military officers and 
     senior civilian defense officials of the Government of India 
     and the United States Government--
       (1) are at a level appropriate to enhance engagement 
     between the militaries of the two countries for developing 
     threat analysis, military doctrine, force planning, 
     logistical support, intelligence collection and analysis, 
     tactics, techniques, and procedures, and humanitarian 
     assistance and disaster relief;
       (2) include exchanges of general and flag officers; and
       (3) significantly enhance joint military operations, 
     including maritime security, counter-piracy, counter-terror 
     cooperation, and domain awareness in the Indo-Asia-Pacific 
     region.
                                 ______
                                 
  SA 4345. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1221.
                                 ______
                                 
  SA 4346. Mr. PORTMAN (for himself and Mr. Murphy) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

    Subtitle I--Countering Foreign Propaganda and Disinformation Act

     SEC. 1281. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) foreign governments, including the Governments of the 
     Russian Federation and the People's Republic of China, use 
     disinformation and other propaganda tools to undermine the 
     national security objectives of the United States and key 
     allies and partners;
       (2) the Russian Federation, in particular, has conducted 
     sophisticated and large-scale disinformation campaigns that 
     have sought to have a destabilizing effect on United States 
     allies and interests;
       (3) in the last decade disinformation has increasingly 
     become a key feature of the Government of the Russian 
     Federation's pursuit of political, economic, and military 
     objectives in Ukraine, Moldova, Georgia, the Balkans, and 
     throughout Central and Eastern Europe;
       (4) the challenge of countering disinformation extends 
     beyond effective strategic communications and public 
     diplomacy, requiring a whole-of-government approach 
     leveraging all elements of national power;
       (5) the United States Government should develop a 
     comprehensive strategy to counter foreign disinformation and 
     propaganda and assert leadership in developing a fact-based 
     strategic narrative; and
       (6) an important element of this strategy should be to 
     protect and promote a free, healthy, and independent press in 
     countries vulnerable to foreign disinformation.

     SEC. 1282. CENTER FOR INFORMATION ANALYSIS AND RESPONSE.

       (a) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of State shall, 
     in coordination with the Secretary of Defense, the 
     Broadcasting Board of Governors, and other relevant 
     departments and agencies, establish a Center for Information 
     Analysis and Response (in this section referred to as the 
     ``Center''). The purposes of the Center are--
       (1) to coordinate the sharing with relevant government 
     agencies of information, subject to the appropriate 
     classification guidelines, on foreign government information 
     warfare efforts, including information provided by recipients 
     of information access fund grants awarded under subsection 
     (e) and other sources;
       (2) to establish a process for the integration of relevant 
     information on foreign propaganda and disinformation efforts 
     into the development of national strategy; and
       (3) to develop, plan, and synchronize, in coordination with 
     the Secretary of Defense, the Broadcasting Board of 
     Governors, and other relevant departments and agencies, 
     interagency initiatives to expose and counter foreign 
     information operations directed against United States 
     national security interests and proactively advance fact-
     based narratives that support United States allies and 
     interests.
       (b) Functions.--The Center shall carry out the following 
     functions:
       (1) Integrating interagency efforts to track and evaluate 
     counterfactual narratives abroad that threaten the national 
     security interests of the United States and United States 
     allies, subject to appropriate regulations governing the 
     dissemination of classified information and programs.
       (2) Analyzing relevant information from United States 
     Government agencies, allied nations, think-tanks, academic 
     institutions, civil society groups, and other nongovernmental 
     organizations.
       (3) Developing and disseminating thematic narratives and 
     analysis to counter propaganda and disinformation directed at 
     United States allies and partners in order to safeguard 
     United States allies and interests.
       (4) Identifying current and emerging trends in foreign 
     propaganda and disinformation, including the use of print, 
     broadcast, online and social media, support for third-party 
     outlets such as think tanks, political parties, and 
     nongovernmental organizations, in order to coordinate and 
     shape the development of tactics, techniques, and procedures 
     to expose and refute foreign misinformation and 
     disinformation and proactively promote fact-based narratives 
     and policies to audiences outside the United States.
       (5) Facilitating the use of a wide range of information-
     related technologies and techniques to counter foreign 
     disinformation by sharing expertise among agencies, seeking 
     expertise from external sources, and implementing best 
     practices.
       (6) Identifying gaps in United States capabilities in areas 
     relevant to the Center's mission and recommending necessary 
     enhancements or changes.
       (7) Identifying the countries and populations most 
     susceptible to foreign government propaganda and 
     disinformation.
       (8) Administering the information access fund established 
     pursuant to subsection (e).
       (9) Coordinating with allied and partner nations, 
     particularly those frequently targeted by foreign 
     disinformation operations, and international organizations 
     and entities such as the NATO Center of Excellence on 
     Strategic Communications, the European Endowment for 
     Democracy, and the European External Action Service Task 
     Force on Strategic Communications, in order to amplify the 
     Center's efforts and avoid duplication.
       (c) Composition.--
       (1) Coordinator.--The Secretary of State shall appoint a 
     full-time Coordinator to lead the Center.
       (2) Steering committee.--
       (A) Composition.--The Secretary of State shall establish a 
     Steering Committee composed of senior representatives of 
     agencies relevant to the Center's mission to provide advice 
     to the Secretary on the operations and strategic orientation 
     of the Center and to ensure adequate support for the Center.

[[Page S3346]]

     The Steering Committee shall include the officials set forth 
     in subparagraph (C), one senior representative designated by 
     the Secretary of Defense, the Chairman of the Joint Chiefs of 
     Staff, the Administrator of the United States Agency for 
     International Development, and the Chairman of the 
     Broadcasting Board of Governors.
       (B) Meetings.--The Steering Committee shall meet not less 
     than every 3 months.
       (C) Chairman and vice chairmen.--The Steering Committee 
     shall be chaired by the Under Secretary of State for 
     Political Affairs. A senior, Secretary of State-designated 
     official responsible for digital media programming for 
     foreign audiences and a senior, Secretary of Defense-
     designated official responsible for information operations 
     shall serve as co-Vice Chairmen.
       (D) Executive secretary.--The Coordinator of the Center 
     shall serve as Executive Secretary of the Steering Committee.
       (E) Participation and independence.--The Chairman of the 
     Broadcasting Board of Governors shall not compromise the 
     journalistic freedom or integrity of relevant media 
     organizations. Other Federal agencies may be invited to 
     participate in the Steering Committee at the discretion of 
     the Chairman of the Steering Committee and with the consent 
     of the Secretary of State.
       (d) Staff.--
       (1) In general.--The Chairman may, with the consent of the 
     Secretary and without regard to the civil service laws and 
     regulations, appoint and terminate a Director and such other 
     additional personnel as may be necessary to enable the Center 
     to carry out its functions. The employment of the Director 
     shall be subject to confirmation by the Steering Committee.
       (2) Compensation.--The Chairman may fix the compensation of 
     the Director and other personnel without regard to chapter 51 
     and subchapter III of chapter 53 of title 5, United States 
     Code, relating to classification of positions and General 
     Schedule pay rates, except that the rate of pay for the 
     executive director and other personnel may not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of that title.
       (3) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Center without reimbursement, 
     and such detail shall be without interruption or loss of 
     civil service status or privilege.
       (4) Procurement of temporary and intermittent services.--
     The Chairman may procure temporary and intermittent services 
     under section 3109(b) of title 5, United States Code, at 
     rates for individuals which do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of that 
     title.
       (e) Information Access Fund.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary of State for fiscal years 
     2017 and 2018 $40,000,000 to support the Center and provide 
     grants or contracts of financial support to civil society 
     groups, journalists, nongovernmental organizations, federally 
     funded research and development centers, private companies, 
     or academic institutions for the following purposes:
       (A) To support local independent media who are best placed 
     to refute foreign disinformation and manipulation in their 
     own communities.
       (B) To collect and store examples in print, online, and 
     social media, disinformation, misinformation, and propaganda 
     directed at the United States and its allies and partners.
       (C) To analyze tactics, techniques, and procedures of 
     foreign government information warfare with respect to 
     disinformation, misinformation, and propaganda.
       (D) To support efforts by the Center to counter efforts by 
     foreign governments to use disinformation, misinformation, 
     and propaganda to influence the policies and social and 
     political stability of the United States and United States 
     allies and partners.
       (2) Funding availability and limitations.--All 
     organizations that apply to receive funds under this 
     subsection must undergo a vetting process in accordance with 
     the relevant existing regulations to ensure their bona fides, 
     capability, and experience, and their compatibility with 
     United States interests and objectives.
       (3) Offset.--Savings derived from projected bulk fuel cost 
     savings in the operation and maintenance, Defense-wide 
     account shall be made available to cover the appropriation 
     authorized in paragraph (1).

     SEC. 1283. INCLUSION IN DEPARTMENT OF STATE EDUCATION AND 
                   CULTURAL EXCHANGE PROGRAMS OF FOREIGN STUDENTS 
                   AND COMMUNITY LEADERS FROM COUNTRIES AND 
                   POPULATIONS SUSCEPTIBLE TO FOREIGN 
                   MANIPULATION.

       When selecting participants for United States educational 
     and cultural exchange programs, the Secretary of State shall 
     give special consideration to students and community leaders 
     from populations and countries the Secretary deems vulnerable 
     to foreign propaganda and disinformation campaigns.

     SEC. 1284. REPORTS.

       (a) In General.--Not later than one year after the 
     establishment of the Center, the Secretary of State shall, in 
     coordination with the Secretary of Defense and the Secretary 
     of Homeland Security, submit to the appropriate congressional 
     committees a report evaluating the success of the Center in 
     fulfilling the purposes for which it was authorized and 
     outlining steps to improve any areas of deficiency.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Homeland Security of the 
     House of Representatives.

     SEC. 1285. TERMINATION OF CENTER AND STEERING COMMITTEE.

       The Center for Information Analysis and Response and the 
     Steering Committee shall terminate ten years after the date 
     of the enactment of this Act.

     SEC. 1286. RULE OF CONSTRUCTION REGARDING RELATIONSHIP TO 
                   INTELLIGENCE AUTHORITIES AND ACTIVITIES.

       Nothing in this Act shall be construed as superseding or 
     modifying any existing authorities governing the collection, 
     sharing, and implementation of intelligence programs and 
     activities or existing regulations governing the sharing of 
     classified information and programs.
                                 ______
                                 
  SA 4347. Mr. KAINE (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1097. PETERSBURG NATIONAL BATTLEFIELD BOUNDARY 
                   MODIFICATION.

       (a) In General.--The boundary of the Petersburg National 
     Battlefield is modified to include the land and interests in 
     land as generally depicted on the map titled ``Petersburg 
     National Battlefield Boundary Expansion'', numbered 325/
     80,080, and dated March 2015. The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (b) Acquisition of Properties.--
       (1) In general.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') is authorized to 
     acquire the land and interests in land, described in 
     subsection (a), from willing sellers only, by donation, 
     purchase with donated or appropriated funds, exchange, or 
     transfer.
       (2) Technical amendment.--Section 313(a) of the National 
     Parks and Recreation Act of 1978 (Public Law 95-625; 92 Stat. 
     3479) is amended by striking ``twenty-one'' and inserting 
     ``twenty-five''.
       (c) Administration.--The Secretary shall administer any 
     land or interests in land acquired under subsection (b) as 
     part of the Petersburg National Battlefield in accordance 
     with applicable laws and regulations.
       (d) Administrative Jurisdiction Transfer.--
       (1) In general.--There is transferred--
       (A) from the Secretary to the Secretary of the Army 
     administrative jurisdiction over the approximately 1.170-acre 
     parcel of land depicted as ``Area to be transferred to Fort 
     Lee Military Reservation'' on the map described in paragraph 
     (2); and
       (B) from the Secretary of the Army to the Secretary 
     administrative jurisdiction over the approximately 1.171-acre 
     parcel of land depicted as ``Area to be transferred to 
     Petersburg National Battlefield'' on the map described in 
     paragraph (2).
       (2) Map.--The land transferred is depicted on the map 
     titled ``Petersburg National Battlefield Proposed Transfer of 
     Administrative Jurisdiction'', numbered 325/80,801A, dated 
     May 2011. The map shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       (3) Conditions of transfer.--The transfer of administrative 
     jurisdiction under paragraph (1) is subject to the following 
     conditions:
       (A) No reimbursement or consideration.--The transfer is 
     without reimbursement or consideration.
       (B) Management.--The land conveyed to the Secretary under 
     paragraph (1) shall be included within the boundary of the 
     Petersburg National Battlefield and shall be administered as 
     part of that park in accordance with applicable laws and 
     regulations.
                                 ______
                                 
  SA 4348. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 221. REPORT ON NATIONAL SECURITY IMPLICATIONS OF 
                   INDEPENDENT RESEARCH AND DEVELOPMENT 
                   INVESTMENTS WITHIN THE DEFENSE INDUSTRY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of

[[Page S3347]]

     Defense shall submit to the congressional defense committees 
     a report on the national security implications of independent 
     research and development investments within the defense 
     industry. The report shall include the following:
       (1) An assessment of the short-term and long-term 
     implications for the national security of the United States 
     with respect to innovation, modernization, and technological 
     superiority resulting from low levels of independent research 
     and development investment within the defense industry.
       (2) For fiscal years 2015 and 2016, an analysis of how 
     firms in the defense industry have allocated corporate 
     earnings, including a breakdown by allocation types such as--
       (A) investments in research and development, labor force, 
     or capital improvements;
       (B) merger or acquisition activities; or
       (C) activities to primarily increase shareholder value.
       (3) An assessment whether regulations and acquisition 
     policies of the Department of Defense provide incentives for 
     firms in the defense industry to place a priority on short-
     term targets for earnings-per-share rather than on long-term 
     capital investments.
       (4) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate to encourage, 
     facilitate, and enhance independent research and development 
     investments within the defense industry, and to spur 
     innovation within the defense industry.
                                 ______
                                 
  SA 4349. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1097. BORDER SECURITY ENFORCEMENT TRANSPARENCY.

       (a) Definitions.--In this section
       (1) Border security.--The term ``border security'' means 
     the prevention of unlawful entries into the United States, 
     including entries by terrorists, other unlawful aliens, 
     instruments of terrorism, narcotics, and other contraband.
       (2) Checkpoint.--The term ``checkpoint'' means a location--
       (A) where vehicles or individuals traveling through the 
     location are stopped or boarded by an officer of U.S. Customs 
     and Border Protection for the purposes of enforcement of 
     United States laws and regulations; and
       (B) that is not located at a port of entry along an 
     international border of the United States.
       (3) Law enforcement official.--The term ``law enforcement 
     official'' means--
       (A) an officer or agent of U.S. Customs and Border 
     Protection;
       (B) an officer or agent of U.S. Immigration and Customs 
     Enforcement; or
       (C) an officer or employee of a State or a political 
     subdivision of a State who is carrying out the functions of 
     an immigration officer pursuant to an agreement entered into 
     under section 287(g) of the Immigration and Nationality Act 
     (8 U.S.C. 1357(g)), pursuant to authorization under title IV 
     of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.), or 
     pursuant to any other agreement with the Department of 
     Homeland Security.
       (4) Patrol stop.--The term ``patrol stop'' means seizure or 
     interrogation of a motorist, passenger, or pedestrian 
     initiated anywhere except as part of an inspection at a port 
     of entry or checkpoint.
       (5) Primary inspection.--The term ``primary inspection'' 
     means an initial inspection of a vehicle or individual at a 
     checkpoint.
       (6) Secondary inspection.--The term ``secondary 
     inspection'' means a further inspection of a vehicle or 
     individual that is conducted following a primary inspection.
       (b) Requirement for Data Collection Regarding Stops and 
     Searches Intended to Enforce Border Security.--A law 
     enforcement official who initiates a patrol stop or who 
     detains any individual beyond a brief and limited inquiry 
     during a primary inspection, including by referral to a 
     secondary inspection or by conducting a search of the vehicle 
     or its occupants, shall collect the following data:
       (1) The date, time, and location of the contact.
       (2) The surname and date of birth of the individual subject 
     to the contact.
       (3) The law enforcement official's basis for, or 
     circumstances surrounding, the action, including if such 
     individual's perceived race or ethnicity contributed to such 
     basis.
       (4) The identifying characteristics of such individual, 
     including the individual's perceived race, gender, ethnicity, 
     and approximate age.
       (5) The duration of the stop, detention, or search, whether 
     consent was requested and obtained for detention and any 
     search, and the name of the person who provided such consent.
       (6) A description of any articulable facts and behavior by 
     the individual that justify initiating a stop or probable 
     cause to justify any search pursuant to such contact.
       (7) A description of any items seized during such search, 
     including contraband or money, and a specification of the 
     type of search conducted.
       (8) Whether any warning or citation was issued as a result 
     of such contact and the basis for such warning or citation.
       (9) Whether an arrest or detention was made as a result of 
     such contact, the justification for such arrest or detention, 
     and the ultimate disposition of such arrest.
       (10) Whether the affected individual is undergoing 
     immigration proceedings as of the date of the annual report.
       (11) The immigration status of the individual and whether 
     removal proceedings were subsequently initiated against the 
     individual.
       (12) Whether force was used by the law enforcement official 
     and if so, the type of force and justification for using 
     force
       (13) Whether any complaint was made by the individual, and 
     if so whether there was any follow-up made regarding the 
     complaint.
       (14) The badge number of the law enforcement official 
     involved in the complaint.
       (15) If the action was initiated by a State or local law 
     enforcement agency, the reason for involvement of a Federal 
     law enforcement official, the duration of the stop prior to 
     contact with any Federal law enforcement official, the method 
     by which a Federal law enforcement official was informed of 
     the stop, and whether the individual was being held by State 
     or local officials on State criminal charges at the time of 
     such contact.
       (c) Requirement for U.S. Customs and Border Protection Data 
     Collection Regarding Checkpoints.--The Commissioner of U.S. 
     Customs and Border Protection shall collect data on the 
     number of permanent and temporary checkpoints utilized by 
     officers of U.S. Customs and Border Protection, the location 
     of each such checkpoint, and a description of each such 
     checkpoint, including the presence of any other law 
     enforcement agencies and the use of law enforcement resources 
     such as canines.
       (d) Compilation of Data.--
       (1) Department of homeland security law enforcement 
     officials.--The Secretary of Homeland Security shall compile 
     the data--
       (A) collected under subsection (b) by officers of U.S. 
     Immigration and Customs Enforcement and by officers of U.S. 
     Customs and Border Protection; and
       (B) collected under subsection (c) by the Commissioner of 
     U.S. Customs and Border Protection.
       (2) Other law enforcement officials.--The head of each 
     agency, department, or other entity that employs law 
     enforcement officials other than officers referred to in 
     paragraph (1) shall--
       (A) compile the data collected by such law enforcement 
     officials pursuant to subsection (b); and
       (B) submit the compiled data to the Secretary of Homeland 
     Security.
       (e) Use of Data.--The Secretary of Homeland Security shall 
     consider the data compiled under subsection (d) in making 
     policy and program decisions related to enforcement of border 
     security.
       (f) Annual Report.--
       (1) Requirement.--Not later than one year after the 
     effective date of this Act, and annually thereafter, the 
     Secretary of Homeland Security shall submit to Congress a 
     report on the data compiled under subsection (d) that 
     includes all such data for the previous year.
       (2) Availability.--Each report submitted under paragraph 
     (1) shall be made available to the public, except for 
     particular data if the Secretary explicitly invokes an 
     exemption contained in paragraphs (1) through (9) of section 
     552(b) of title 5, United States Code, and provides a written 
     explanation for the exemption's applicability.
       (g) Effective Date.--This section shall take effect 60 days 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 4350. Mr. WARNER (for himself, Mr. Carper, and Mr. Coons) 
submitted an amendment intended to be proposed by him to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 306. ENERGY PREPAREDNESS FOR THE DEPARTMENT OF DEFENSE 
                   AND THE ARMED FORCES.

       (a) Statement of Policy.--It shall be the policy of the 
     Department of Defense and the Armed Forces to ensure the 
     readiness of the Armed Forces for their military missions by 
     pursuing energy preparedness, including reliable sources of 
     electric power and the efficient use of electric power.
       (b) Authorities.--In order to achieve the policy set forth 
     in subsection (a), the Secretary of Defense may take the 
     actions as follows:
       (1) Electric power reliability plans for military 
     installations.--The Secretary may require the service 
     secretaries to establish and maintain electric power 
     reliability plans that best meet their installations' mission 
     assurance guidelines.
       (2) Reliability of electric power and cost of backup power 
     as factors in procurement.--The Secretary may authorize

[[Page S3348]]

     the use of reliability and the cost of backup power as 
     factors in the cost-benefit analysis for procurement of 
     electric power.
                                 ______
                                 
  SA 4351. Mr. REID (for Mr. Blumenthal) submitted an amendment 
intended to be proposed by Mr. Reid to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       After section 536, insert the following:

     SEC. 536A. INDEXING AND PUBLIC AVAILABILITY OF DECISIONS AND 
                   OTHER DOCUMENTS IN CONNECTION WITH ACTIONS OF 
                   BOARDS FOR THE CORRECTION OF MILITARY RECORDS.

       Section 1552(a) of title 10, United States Code, as amended 
     by section 536(a)(1) of this Act, is further amended--
       (1) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (2) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4)(A) The record of the votes of each board under this 
     section, and all other statements of findings, conclusions, 
     and recommendations made on final determinations of 
     applications by such board, shall be indexed and promptly 
     made available for public inspection and copying at the Armed 
     Forces Discharge Review/Correction Boards Reading Room 
     located on the Concourse of the Pentagon Building in Room 
     2E123, Washington, DC.
       ``(B) Any documents made available for public inspection 
     and copying pursuant to subparagraph (A) shall be indexed in 
     a usable and concise form so as to enable the public to 
     identify cases similar in issue together with the 
     circumstances under or reasons for which the board concerned 
     granted or denied relief. Each index shall be published 
     quarterly, and shall be available for public inspection and 
     distribution by sale at the Reading Room referred to in 
     subparagraph (A).
       ``(C) To the extent necessary to prevent a clearly 
     unwarranted invasion of personal privacy, the following shall 
     be deleted from documents made available for public 
     inspection and copying pursuant to subparagraph (A):
       ``(i) Identifying details of applicants and other persons.
       ``(ii) Names, addresses, social security numbers, and 
     military service numbers.
       ``(iii) Subject to subparagraph (D), other information that 
     is privileged or classified.
       ``(D) Information that is privileged or classified may be 
     deleted pursuant to subparagraph (C)(iii) from documents made 
     available for public inspection and copying pursuant to 
     subparagraph (A) only if a written statement of the basis for 
     such deletion is made available for public inspection.''.
                                 ______
                                 
  SA 4352. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SECTION 1097. AUTHORIZATION OF THE OFFICE FOR PARTNERSHIPS 
                   AGAINST VIOLENT EXTREMISM OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (1) by inserting after section 801 the following:

     ``SEC. 802. OFFICE FOR PARTNERSHIPS AGAINST VIOLENT 
                   EXTREMISM.

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Emergency Management Agency.
       ``(2) Assistant secretary.--The term `Assistant Secretary' 
     means the Assistant Secretary for Partnerships Against 
     Violent Extremism designated under subsection (c).
       ``(3) Countering violent extremism.--The term `countering 
     violent extremism' means proactive and relevant actions to 
     counter recruitment, radicalization, and mobilization to 
     violence and to address the immediate factors that lead to 
     violent extremism and radicalization.
       ``(4) Domestic terrorism; international terrorism.--The 
     terms `domestic terrorism' and `international terrorism' have 
     the meanings given those terms in section 2331 of title 18, 
     United States Code.
       ``(5) Radicalization.--The term `radicalization' means the 
     process by which an individual chooses to facilitate or 
     commit domestic terrorism or international terrorism.
       ``(6) Violent extremism.--The term `violent extremism' 
     means international or domestic terrorism.
       ``(b) Establishment.--There is in the Department an Office 
     for Partnerships Against Violent Extremism.
       ``(c) Head of Office.--The Office for Partnerships Against 
     Violent Extremism shall be headed by an Assistant Secretary 
     for Partnerships Against Violent Extremism, who shall be 
     designated by the Secretary and report directly to the 
     Secretary.
       ``(d) Deputy Assistant Secretary; Assignment of 
     Personnel.--The Secretary shall--
       ``(1) designate a career Deputy Assistant Secretary for 
     Partnerships Against Violent Extremism; and
       ``(2) assign or hire, as appropriate, permanent staff to 
     the Office for Partnerships Against Violent Extremism.
       ``(e) Responsibilities.--
       ``(1) In general.--The Assistant Secretary shall be 
     responsible for the following:
       ``(A) Leading the efforts of the Department to counter 
     violent extremism across all the components and offices of 
     the Department that conduct strategic and supportive efforts 
     to counter violent extremism. Such efforts shall include the 
     following:
       ``(i) Partnering with communities to address 
     vulnerabilities that can be exploited by violent extremists 
     in the United States and explore potential remedies for 
     Government and non-government institutions.
       ``(ii) Working with civil society groups and communities to 
     counter violent extremist propaganda, messaging, or 
     recruitment.
       ``(iii) In coordination with the Office for Civil Rights 
     and Civil Liberties of the Department, managing the outreach 
     and engagement efforts of the Department directed toward 
     communities at risk for radicalization and recruitment for 
     violent extremist activities.
       ``(iv) Ensuring relevant information, research, and 
     products inform efforts to counter violent extremism.
       ``(v) Developing and maintaining Department-wide strategy, 
     plans, policies, and programs to counter violent extremism. 
     Such plans shall, at a minimum, address each of the 
     following:

       ``(I) The Department's plan to leverage new and existing 
     Internet and other technologies and social media platforms to 
     improve non-government efforts to counter violent extremism, 
     as well as the best practices and lessons learned from other 
     Federal, State, local, tribal, territorial, and foreign 
     partners engaged in similar counter-messaging efforts.
       ``(II) The Department's countering violent extremism-
     related engagement efforts.
       ``(III) The use of cooperative agreements with State, 
     local, tribal, territorial, and other Federal departments and 
     agencies responsible for efforts relating to countering 
     violent extremism.

       ``(vi) Coordinating with the Office for Civil Rights and 
     Civil Liberties of the Department to ensure all of the 
     activities of the Department related to countering violent 
     extremism fully respect the privacy, civil rights, and civil 
     liberties of all persons.
       ``(vii) In coordination with the Under Secretary for 
     Science and Technology and in consultation with the Under 
     Secretary for Intelligence and Analysis, identifying and 
     recommending new empirical research and analysis requirements 
     to ensure the dissemination of information and methods for 
     Federal, State, local, tribal, and territorial countering 
     violent extremism practitioners, officials, law enforcement 
     personnel, and non-governmental partners to utilize such 
     research and analysis.
       ``(viii) Assessing the methods used by violent extremists 
     to disseminate propaganda and messaging to communities at 
     risk for recruitment by violent extremists.
       ``(B) Developing a digital engagement strategy that expands 
     the outreach efforts of the Department to counter violent 
     extremist messaging by--
       ``(i) exploring ways to utilize relevant Internet and other 
     technologies and social media platforms; and
       ``(ii) maximizing other resources available to the 
     Department.
       ``(C) Serving as the primary representative of the 
     Department in coordinating countering violent extremism 
     efforts with other Federal departments and agencies and non-
     governmental organizations.
       ``(D) Serving as the primary Department-level 
     representative in coordinating with the Department of State 
     on international countering violent extremism issues.
       ``(E) In coordination with the Administrator, providing 
     guidance regarding the use of grants made to State, local, 
     and tribal governments under sections 2003 and 2004 under the 
     allowable uses guidelines related to countering violent 
     extremism.
       ``(F) Developing a plan to expand philanthropic support for 
     domestic efforts related to countering violent extremism, 
     including by identifying viable community projects and needs 
     for possible philanthropic support.
       ``(2) Communities at risk.--For purposes of this 
     subsection, the term `communities at risk' shall not include 
     a community that is determined to be at risk solely on the 
     basis of race, religious affiliation, or ethnicity.
       ``(f) Strategy to Counter Violent Extremism in the United 
     States.--
       ``(1) Strategy.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on the Judiciary of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on the Judiciary of the 
     House of Representatives a comprehensive Department strategy 
     to counter violent extremism in the United States.

[[Page S3349]]

       ``(2) Contents of strategy.--The strategy required under 
     paragraph (1) shall, at a minimum, address each of the 
     following:
       ``(A) The Department's digital engagement effort, including 
     a plan to leverage new and existing Internet, digital, and 
     other technologies and social media platforms to counter 
     violent extremism, as well as the best practices and lessons 
     learned from other Federal, State, local, tribal, 
     territorial, nongovernmental, and foreign partners engaged in 
     similar counter-messaging activities.
       ``(B) The Department's countering violent extremism-related 
     engagement and outreach activities.
       ``(C) The use of cooperative agreements with State, local, 
     tribal, territorial, and other Federal departments and 
     agencies responsible for activities relating to countering 
     violent extremism.
       ``(D) Ensuring all activities related to countering violent 
     extremism adhere to relevant Department and applicable 
     Department of Justice guidance regarding privacy, civil 
     rights, and civil liberties, including safeguards against 
     discrimination.
       ``(E) The development of qualitative and quantitative 
     outcome-based metrics to evaluate the Department's programs 
     and policies to counter violent extremism.
       ``(F) An analysis of the homeland security risk posed by 
     violent extremism based on the threat environment and 
     empirical data assessing terrorist activities and incidents, 
     and violent extremist propaganda, messaging, or recruitment.
       ``(G) Information on the Department's near-term, mid-term, 
     and long-term risk-based goals for countering violent 
     extremism, reflecting the risk analysis conducted under 
     subparagraph (F).
       ``(3) Strategic considerations.--In drafting the strategy 
     required under paragraph (1), the Secretary shall consider 
     including the following:
       ``(A) Departmental efforts to undertake research to improve 
     the Department's understanding of the risk of violent 
     extremism and to identify ways to improve countering violent 
     extremism activities and programs, including outreach, 
     training, and information sharing programs.
       ``(B) The Department's nondiscrimination policies as they 
     relate to countering violent extremism.
       ``(C) Departmental efforts to help promote community 
     engagement and partnerships to counter violent extremism in 
     furtherance of the strategy.
       ``(D) Departmental efforts to help increase support for 
     programs and initiatives to counter violent extremism of 
     other Federal, State, local, tribal, territorial, 
     nongovernmental, and foreign partners that are in furtherance 
     of the strategy, and which adhere to all relevant 
     constitutional, legal, and privacy protections.
       ``(E) Departmental efforts to disseminate to local law 
     enforcement agencies and the general public information on 
     resources, such as training guidance, workshop reports, and 
     the violent extremist threat, through multiple platforms, 
     including the development of a dedicated webpage, and 
     information regarding the effectiveness of those efforts.
       ``(F) Departmental efforts to use cooperative agreements 
     with State, local, tribal, territorial, and other Federal 
     departments and agencies responsible for efforts relating to 
     countering violent extremism, and information regarding the 
     effectiveness of those efforts.
       ``(G) Information on oversight mechanisms and protections 
     to ensure that activities and programs undertaken pursuant to 
     the strategy adhere to all relevant constitutional, legal, 
     and privacy protections.
       ``(H) Departmental efforts to conduct oversight of all 
     countering violent extremism training and training materials 
     and other resources developed or funded by the Department.
       ``(I) Departmental efforts to foster transparency by 
     making, to the extent practicable, all regulations, guidance, 
     documents, policies, and training materials publicly 
     available, including through any webpage developed under 
     subparagraph (E).
       ``(4) Strategic implementation plan.--
       ``(A) In general.--Not later than 90 days after the date on 
     which the Secretary submits the strategy required under 
     paragraph (1), the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on the Judiciary of the Senate, the Committee on 
     Homeland Security of the House of Representatives, and the 
     Committee on the Judiciary of the House of Representatives an 
     implementation plan for each of the components and offices of 
     the Department with responsibilities under the strategy.
       ``(B) Contents.--The implementation plan required under 
     subparagraph (A) shall include an integrated master schedule 
     and cost estimate for activities and programs contained in 
     the implementation plan, with specificity on how each such 
     activity and program aligns with near-term, mid-term, and 
     long-term goals specified in the strategy required under 
     paragraph (1).
       ``(g) Annual Report.--Not later than April 1, 2017, and 
     annually thereafter, the Assistant Secretary shall submit to 
     Congress an annual report on the Office for Partnerships 
     Against Violent Extremism, which shall include the following:
       ``(1) A description of the status of the programs and 
     policies of the Department for countering violent extremism 
     in the United States.
       ``(2) A description of the efforts of the Office for 
     Partnerships Against Violent Extremism to cooperate with and 
     provide assistance to other Federal departments and agencies.
       ``(3) Qualitative and quantitative metrics for evaluating 
     the success of such programs and policies and the steps taken 
     to evaluate the success of such programs and policies.
       ``(4) An accounting of--
       ``(A) grants and cooperative agreements awarded by the 
     Department to counter violent extremism; and
       ``(B) all training specifically aimed at countering violent 
     extremism sponsored by the Department.
       ``(5) An analysis of how the Department's activities to 
     counter violent extremism correspond and adapt to the threat 
     environment.
       ``(6) A summary of how civil rights and civil liberties are 
     protected in the Department's activities to counter violent 
     extremism.
       ``(7) An evaluation of the use of section 2003 and section 
     2004 grants and cooperative agreements awarded to support 
     efforts of local communities in the United States to counter 
     violent extremism, including information on the effectiveness 
     of such grants and cooperative agreements in countering 
     violent extremism.
       ``(8) A description of how the Office for Partnerships 
     Against Violent Extremism incorporated lessons learned from 
     the countering violent extremism programs and policies of 
     foreign, State, local, tribal, and territorial governments 
     and stakeholder communities.
       ``(h) Annual Review.--Not later than 1 year after the date 
     of enactment of this section, and every year thereafter, the 
     Office for Civil Rights and Civil Liberties of the Department 
     shall--
       ``(1) conduct a review of the Office for Partnerships 
     Against Violent Extremism activities to ensure that all of 
     the activities of the Office related to countering violent 
     extremism respect the privacy, civil rights, and civil 
     liberties of all persons; and
       ``(2) make publicly available on the website of the 
     Department a report containing the results of the review 
     conducted under paragraph (1).''; and
       (2) in section 2008(b)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) to support any organization or group which has 
     knowingly or recklessly funded domestic terrorism or 
     international terrorism (as those terms are defined in 
     section 2331 of title 18, United States Code) or organization 
     or group known to engage in or recruit to such activities, as 
     determined by the Assistant Secretary for Partnerships 
     Against Violent Extremism in consultation with the 
     Administrator and the heads of other appropriate Federal 
     departments and agencies.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 note) is amended by inserting after the item 
     relating to section 801 the following:

``Sec. 802. Office for Partnerships Against Violent Extremism.''.

       (c) Sunset.--Effective on the date that is 7 years after 
     the date of enactment of this Act--
       (1) section 802 of the Homeland Security Act of 2002, as 
     added by subsection (a), is repealed; and
       (2) the table of contents in section 1(b) of the Homeland 
     Security Act of 2002 (6 U.S.C. 101 note) is amended by 
     striking the item relating to section 802.
                                 ______
                                 
  SA 4353. Mr. SCHATZ (for himself and Mr. Sasse) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                    Subtitle J--Open Government Data

     SEC. 1097. SHORT TITLE.

       (a) Short Title.--This subtitle may be cited as the ``Open, 
     Public, Electronic, and Necessary Government Data Act'' or 
     the ``OPEN Government Data Act''.

     SEC. 1098. FINDINGS; AGENCY DEFINED.

       (a) Findings.--Congress finds the following:
       (1) Federal Government data is a valuable national 
     resource. Managing Federal Government data to make it open, 
     available, discoverable, and useable to the general public, 
     businesses, journalists, academics, and advocates promotes 
     efficiency and effectiveness in Government, creates economic 
     opportunities, promotes scientific discovery, and most 
     importantly, strengthens our democracy.
       (2) Maximizing the usefulness of Federal Government data 
     that is appropriate for release rests upon making it readily 
     available, discoverable, and usable--in a word: open. 
     Information presumptively should be available to the general 
     public unless the Federal Government reasonably foresees that 
     disclosure could harm a specific, articulable interest

[[Page S3350]]

     protected by law or the Federal Government is otherwise 
     expressly prohibited from releasing such data due to 
     statutory requirements.
       (3) The Federal Government has the responsibility to be 
     transparent and accountable to its citizens.
       (4) Data controlled, collected, or created by the Federal 
     Government should be originated, transmitted, and published 
     in modern, open, and electronic format, to be as readily 
     accessible as possible, consistent with data standards imbued 
     with authority under this subtitle and to the extent 
     permitted by law.
       (5) The effort to inventory Government data will have 
     additional benefits, including identifying opportunities 
     within agencies to reduce waste, increase efficiencies, and 
     save taxpayer dollars. As such, this effort should involve 
     many types of data, including data generated by applications, 
     devices, networks, and equipment, which can be harnessed to 
     improve operations, lower energy consumption, reduce costs, 
     and strengthen security.
       (6) Communication, commerce, and data transcend national 
     borders. Global access to Government information is often 
     essential to promoting innovation, scientific discovery, 
     entrepreneurship, education, and the general welfare.
       (b) Agency Defined.--In this subtitle, the term ``agency'' 
     has the meaning given that term in section 3502 of title 44, 
     United States Code, and includes the Federal Election 
     Commission.

     SEC. 1099. RULE OF CONSTRUCTION.

       Nothing in this subtitle, or the amendments made by this 
     subtitle, shall be construed to require the disclosure of 
     information or records that are exempt from public disclosure 
     under section 552 of title 5, United States Code (commonly 
     known as the ``Freedom of Information Act'').

     SEC. 1099A. FEDERAL INFORMATION POLICY DEFINITIONS.

       Section 3502 of title 44, United States Code, is amended--
       (1) in paragraph (13), by striking ``; and'' at the end and 
     inserting a semicolon;
       (2) in paragraph (14), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(15) the term `data' means recorded information, 
     regardless of form or the media on which the data is 
     recorded;
       ``(16) the term `data asset' means a collection of data 
     elements or data sets that may be grouped together;
       ``(17) the term `Enterprise Data Inventory' means the data 
     inventory developed and maintained pursuant to section 3523;
       ``(18) the term `machine-readable' means a format in which 
     information or data can be easily processed by a computer 
     without human intervention while ensuring no semantic meaning 
     is lost;
       ``(19) the term `metadata' means structural or descriptive 
     information about data such as content, format, source, 
     rights, accuracy, provenance, frequency, periodicity, 
     granularity, publisher or responsible party, contact 
     information, method of collection, and other descriptions;
       ``(20) the term `nonpublic data asset'--
       ``(A) means a data asset that may not be made available to 
     the public for privacy, security, confidentiality, 
     regulation, or other reasons as determined by law; and
       ``(B) includes data provided by contractors that is 
     protected by contract, license, patent, trademark, copyright, 
     confidentiality, regulation, or other restriction;
       ``(21) the term `open format' means a technical format 
     based on an underlying open standard that is--
       ``(A) not encumbered by restrictions that would impede use 
     or reuse; and
       ``(B) based on an underlying open standard that is 
     maintained by a standards organization;
       ``(22) the term `open Government data' means a Federal 
     Government public data asset that is--
       ``(A) machine-readable;
       ``(B) available in an open format; and
       ``(C) part of the worldwide public domain or, if necessary, 
     published with an open license;
       ``(23) the term `open license' means a legal guarantee 
     applied to a data asset that is made available to the public 
     that such data asset is made available--
       ``(A) at no cost to the public; and
       ``(B) with no restrictions on copying, publishing, 
     distributing, transmitting, citing, or adapting; and
       ``(24) the term `public data asset' means a collection of 
     data elements or a data set maintained by the Government 
     that--
       ``(A) may be released; or
       ``(B) has been released to the public in an open format and 
     is discoverable through a search of Data.gov.''.

     SEC. 1099B. REQUIREMENT FOR MAKING OPEN AND MACHINE-READABLE 
                   THE DEFAULT FOR GOVERNMENT DATA.

       (a) Amendment.--Subchapter I of chapter 35 of title 44, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 3522. Requirements for Government data

       ``(a) Machine-Readable Data Required.--Government data 
     assets made available by an agency shall be published as 
     machine-readable data.
       ``(b) Open by Default.--When not otherwise prohibited by 
     law, and to the extent practicable, Government data assets 
     shall--
       ``(1) be available in an open format; and
       ``(2) be available under open licenses.
       ``(c) Open License or Worldwide Public Domain Dedication 
     Required.--When not otherwise prohibited by law, and to the 
     extent practicable, Government data assets published by or 
     for an agency shall be made available under an open license 
     or, if not made available under an open license and 
     appropriately released, shall be considered to be published 
     as part of the worldwide public domain.
       ``(d) Innovation.--Each agency may engage with 
     nongovernmental organizations, citizens, non-profit 
     organizations, colleges and universities, private and public 
     companies, and other agencies to explore opportunities to 
     leverage the agency's public data asset in a manner that may 
     provide new opportunities for innovation in the public and 
     private sectors in accordance with law and regulation.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for subchapter I of chapter 35 of title 44, United 
     States Code, is amended by inserting after the item relating 
     to section 3521 the following:

       ``3522. Requirements for Government data.''.
       (c) Effective Date.--Notwithstanding section 1099G, the 
     amendments made by subsections (a) and (b) shall take effect 
     on the date that is 1 year after the date of enactment of 
     this Act and shall apply with respect to any contract entered 
     into by an agency on or after such effective date.
       (d) Use of Open Data Assets.--Not later than 1 year after 
     the date of enactment of this Act, the head of each agency 
     shall ensure that any activities by the agency or any new 
     contract entered into by the agency meet the requirements of 
     section 3522 of title 44, United States Code, as added by 
     subsection (a).

     SEC. 1099C. RESPONSIBILITIES OF THE OFFICE OF ELECTRONIC 
                   GOVERNMENT.

       (a) Coordination of Federal Information Resources 
     Management Policy.--Section 3503 of title 44, United States 
     Code, is amended by adding at the end the following:
       ``(c) Coordination of Federal Information Resources 
     Management Policy.--The Federal Chief Information Officer 
     shall work in coordination with the Administrator of the 
     Office of Information and Regulatory Affairs and with the 
     heads of other offices within the Office of Management and 
     Budget to oversee and advise the Director on Federal 
     information resources management policy.''.
       (b) Authority and Functions of Director.--Section 3504(h) 
     of title 44, United States Code, is amended--
       (1) in paragraph (1), by inserting ``, the Federal Chief 
     Information Officer,'' after ``the Director of the National 
     Institute of Standards and Technology'';
       (2) in paragraph (4)--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon; and
       (B) by adding at the end the following:
       ``(C) oversee the completeness of the Enterprise Data 
     Inventory and the extent to which the agency is making all 
     data collected and generated by the agency available to the 
     public in accordance with section 3523;'';
       (3) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(6) coordinate the development and review of Federal 
     information resources management policy by the Administrator 
     of the Office of Information and Regulatory Affairs and the 
     Federal Chief Information Officer.''.
       (c) Change of Name of the Office of Electronic 
     Government.--
       (1) Definitions.--Section 3601 of title 44, United States 
     Code, is amended--
       (A) by striking paragraph (1);
       (B) by redesignating paragraphs (2) through (4) as 
     paragraphs (1) through (3), respectively; and
       (C) by inserting after paragraph (3), as so redesignated, 
     the following:
       ``(4) `Federal Chief Information Officer' means the Federal 
     Chief Information Officer of the Office of the Federal Chief 
     Information Officer established under section 3602;''.
       (2) Office of the federal chief information officer.--
     Section 3602 of title 44, United States Code, is amended--
       (A) in the heading, by striking ``Electronic Government'' 
     and inserting ``the Federal Chief Information Officer'';
       (B) in subsection (a), by striking ``Office of Electronic 
     Government'' and inserting ``Office of the Federal Chief 
     Information Officer'';
       (C) in subsection (b), by striking ``an Administrator'' and 
     inserting ``a Federal Chief Information Officer'';
       (D) in subsection (c), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (E) in subsection (d), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (F) in subsection (e), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (G) in subsection (f)--
       (i) in the matter preceding paragraph (1), by striking 
     ``the Administrator shall'' and inserting ``the Federal Chief 
     Information Officer shall''; and
       (ii) in paragraph (16), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''; and
       (H) in subsection (g), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''.
       (3) Chief information officers council.--Section 3603 of 
     title 44, United States Code, is amended--

[[Page S3351]]

       (A) in subsection (b)(2), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer'';
       (B) in subsection (c)(1), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer''; and
       (C) in subsection (f)(3), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''.
       (4) E-Government fund.--Section 3604 of title 44, United 
     States Code, is amended--
       (A) in subsection (a)(2), by striking ``the Administrator 
     of the Office of Electronic Government'' and inserting ``the 
     Federal Chief Information Officer'';
       (B) in subsection (b), by striking ``Administrator'' each 
     place it appears and inserting ``Federal Chief Information 
     Officer''; and
       (C) in subsection (c), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''.
       (5) Program to encourage innovative solutions to enhance 
     electronic government services and processes.--Section 3605 
     of title 44, United States Code, is amended--
       (A) in subsection (a), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (B) in subsection (b), by striking ``, the Administrator,'' 
     and inserting ``, the Federal Chief Information Officer,''; 
     and
       (C) in subsection (c)--
       (i) in paragraph (1)--

       (I) by striking ``The Administrator'' and inserting ``The 
     Federal Chief Information Officer''; and
       (II) by striking ``proposals submitted to the 
     Administrator'' and inserting ``proposals submitted to the 
     Federal Chief Information Officer'';

       (ii) in paragraph (2), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''; and
       (iii) in paragraph (4), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''.
       (6) Technical and conforming amendments.--
       (A) Table of sections.--The table of sections for chapter 
     36 of title 44, United States Code, is amended by striking 
     the item relating to section 3602 and inserting the 
     following:

         ``3602. Office of the Federal Chief Information 
           Officer.''.
       (B) Positions at level iii.--Section 5314 of title 5, 
     United States Code, is amended by striking ``Administrator of 
     the Office of Electronic Government'' and inserting ``Federal 
     Chief Information Officer''.
       (C) Office of electronic government.--Section 507 of title 
     31, United States Code, is amended by striking ``The Office 
     of Electronic Government'' and inserting ``The Office of the 
     Federal Chief Information Officer''.
       (D) Electronic government and information technologies.--
     Section 305 of title 40, United States Code, is amended by 
     striking ``Administrator of the Office of Electronic 
     Government'' and inserting ``Federal Chief Information 
     Officer''.
       (E) Capital planning and investment control.--Section 
     11302(c)(4) of title 40, United States Code, is amended by 
     striking ``Administrator of the Office of Electronic 
     Government'' each place it appears and inserting ``Federal 
     Chief Information Officer''.
       (F) Resources, planning, and portfolio management.--The 
     second subsection (c) of section 11319 of title 40, United 
     States Code, is amended by striking ``Administrator of the 
     Office of Electronic Government'' each place it appears and 
     inserting ``Federal Chief Information Officer''.
       (G) Additional technical and conforming amendments.--
       (i) Section 2222(i)(6) of title 10, United States Code, is 
     amended by striking ``section 3601(4)'' and inserting 
     ``section 3601(3)''.
       (ii) Section 506D(k)(1) of the National Security Act of 
     1947 (50 U.S.C. 3100(k)(1)) is amended by striking ``section 
     3601(4)'' and inserting ``section 3601(3)''.
       (7) Rule of construction.--The amendments made by this 
     subsection are for the purpose of changing the name of the 
     Office of Electronic Government and the Administrator of such 
     office and shall not be construed to affect any of the 
     substantive provisions of the provisions amended or to 
     require a new appointment by the President.

     SEC. 1099D. DATA INVENTORY AND PLANNING.

       (a) Enterprise Data Inventory.--
       (1) Amendment.--Subchapter I of chapter 35 of title 44, 
     United States Code, as amended by section 1099B, is amended 
     by adding at the end the following:

     ``Sec. 3523. Enterprise data inventory

       ``(a) Agency Data Inventory Required.--
       ``(1) In general.--In order to develop a clear and 
     comprehensive understanding of the data assets in the 
     possession of an agency, the head of each agency, in 
     consultation with the Director of the Office of Management 
     and Budget, shall develop and maintain an enterprise data 
     inventory (in this section referred to as the `Enterprise 
     Data Inventory') that accounts for any data asset created, 
     collected, under the control or direction of, or maintained 
     by the agency after the effective date of this section, with 
     the ultimate goal of including all data assets, to the extent 
     practicable.
       ``(2) Contents.--The Enterprise Data Inventory shall 
     include each of the following:
       ``(A) Data assets used in agency information systems, 
     including program administration, statistical, and financial 
     activity.
       ``(B) Data assets shared or maintained across agency 
     programs and bureaus.
       ``(C) Data assets that are shared among agencies or created 
     by more than 1 agency.
       ``(D) A clear indication of all data assets that can be 
     made publicly available under section 552 of title 5 
     (commonly referred to as the `Freedom of Information Act').
       ``(E) A description of whether the agency has determined 
     that an individual data asset may be made publicly available 
     and whether the data asset is currently available to the 
     public.
       ``(F) Non-public data assets.
       ``(G) Government data assets generated by applications, 
     devices, networks, and equipment, categorized by source type.
       ``(b) Public Availability.--The Chief Information Officer 
     of each agency shall use the guidance provided by the 
     Director issued pursuant to section 3504(a)(1)(C)(ii) to make 
     public data assets included in the Enterprise Data Inventory 
     publicly available in an open format and under an open 
     license.
       ``(c) Non-Public Data.--Non-public data included in the 
     Enterprise Data Inventory may be maintained in a non-public 
     section of the inventory.
       ``(d) Availability of Enterprise Data Inventory.--The Chief 
     Information Officer of each agency--
       ``(1) shall make the Enterprise Data Inventory available to 
     the public on Data.gov;
       ``(2) shall ensure that access to the Enterprise Data 
     Inventory and the data contained therein is consistent with 
     applicable law and regulation; and
       ``(3) may implement paragraph (1) in a manner that 
     maintains a non-public portion of the Enterprise Data 
     Inventory.
       ``(e) Regular Updates Required.--The Chief Information 
     Officer of each agency shall--
       ``(1) to the extent practicable, complete the Enterprise 
     Data Inventory for the agency not later than 1 year after the 
     date of enactment of this section; and
       ``(2) add additional data assets to the Enterprise Data 
     Inventory for the agency not later than 90 days after the 
     date on which the data asset is created or identified.
       ``(f) Use of Existing Resources.--When practicable, the 
     Chief Information Officer of each agency shall use existing 
     procedures and systems to compile and publish the Enterprise 
     Data Inventory for the agency.''.
       (2) Technical and conforming amendment.--The table of 
     sections for subchapter I of chapter 35 of title 44, United 
     States Code, as amended by section 5, is amended by inserting 
     after the item relating to section 3522 the following:

``3523. Enterprise data inventory.''.
       (b) Standards for Enterprise Data Inventory.--Section 
     3504(a)(1) of title 44, United States Code, is amended--
       (1) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (B)(vi), by striking the period at the 
     end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) issue standards for the Enterprise Data Inventory 
     described in section 3523, including--
       ``(i) a requirement that the Enterprise Data Inventory 
     include a compilation of metadata about agency data assets; 
     and
       ``(ii) criteria that the head of each agency shall use in 
     determining whether to make a particular data asset publicly 
     available in a manner that takes into account--
       ``(I) the expectation of confidentiality associated with an 
     individual data asset;
       ``(II) security considerations, including the risk that 
     information in an individual data asset in isolation does not 
     pose a security risk but when combined with other available 
     information may pose such a risk;
       ``(III) the cost and value to the public of converting the 
     data into a manner that could be understood and used by the 
     public;
       ``(IV) the expectation that all data assets that would 
     otherwise be made available under section 552 of title 5 
     (commonly referred to as the `Freedom of Information Act') be 
     disclosed; and
       ``(V) any other considerations that the Director determines 
     to be relevant.''.
       (c) Federal Agency Responsibilities.--Section 3506 of title 
     44, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(C), by striking ``security;'' and 
     inserting the following: ``security by--
       ``(i) using open format for any new Government data asset 
     created or obtained on the date that is 1 year after the date 
     of enactment of this clause; and
       ``(ii) to the extent practicable, encouraging the adoption 
     of open form for all open Government data created or obtained 
     before the date of enactment of this clause;''.
       (B) in paragraph (4), by striking ``subchapter; and'' and 
     inserting ``subchapter and a review of each agency's 
     Enterprise Data Inventory described in section 3523;'';
       (C) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(6) in consultation with the Director, develop an open 
     data plan as a part of the requirement for a strategic 
     information resources management plan described in paragraph 
     (2) that, at a minimum and to the extent practicable--
       ``(A) requires the agency to develop processes and 
     procedures that--
       ``(i) require each new data collection mechanism to use an 
     open format; and

[[Page S3352]]

       ``(ii) allow the agency to collaborate with non-Government 
     entities, researchers, businesses, and private citizens for 
     the purpose of understanding how data users value and use 
     open Government data;
       ``(B) identifies and implements methods for collecting and 
     analyzing digital information on data asset usage by users 
     within and outside of the agency, including designating a 
     point of contact within the agency to assist the public and 
     to respond to quality issues, usability, recommendations for 
     improvements, and complaints about adherence to open data 
     requirements in accordance with subsection (d)(2);
       ``(C) develops and implements a process to evaluate and 
     improve the timeliness, completeness, accuracy, usefulness, 
     and availability of open Government data;
       ``(D) requires the agency to update the plan at an interval 
     determined by the Director;
       ``(E) includes requirements for meeting the goals of the 
     agency open data plan including technology, training for 
     employees, and implementing procurement standards, in 
     accordance with existing law, that allow for the acquisition 
     of innovative solutions from the public and private sector; 
     and
       ``(F) prohibits the dissemination and accidental disclosure 
     of nonpublic data assets.'';
       (2) in subsection (c), by striking ``With respect to'' and 
     inserting ``Except as provided under subsection (j), with 
     respect to'';
       (3) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking 
     ``shall'';
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``shall'' before ``ensure'';
       (ii) in subparagraph (A), by striking ``sources'' and 
     inserting ``sources and uses''; and
       (iii) in subparagraph (C), by inserting ``, including 
     providing access to open Government data online'' after 
     ``economical manner'';
       (C) in paragraph (2), by inserting ``shall'' before 
     ``regularly'';
       (D) in paragraph (3)--
       (i) by inserting ``shall'' before ``provide''; and
       (ii) by striking ``; and'' and inserting a semicolon;
       (E) in paragraph (4)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``may'' before ``not''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (F) by adding at the end the following:
       ``(5) shall take the necessary precautions to ensure that 
     the agency maintains the production and publication of data 
     assets which are directly related to activities that protect 
     the safety of human life or property, as identified by the 
     open data plan of the agency required by subsection (b)(6); 
     and
       ``(6) may engage the public in using open Government data 
     and encourage collaboration by--
       ``(A) publishing information on open Government data usage 
     in regular, timely intervals, but not less than annually;
       ``(B) receiving public input regarding priorities for the 
     analysis and disclosure of data assets to be published;
       ``(C) assisting civil society groups and members of the 
     public working to expand the use of open Government data; and
       ``(D) hosting challenges, competitions, events, or other 
     initiatives designed to create additional value from open 
     Government data.''; and
       (4) by adding at the end the following:
       ``(j) Collection of Information Exception.--Notwithstanding 
     subsection (c), an agency is not required to meet the 
     requirements of paragraphs (2) and (3) of such subsection 
     if--
       ``(1) the waiver of those requirements is approved by the 
     head of the agency;
       ``(2) the collection of information is--
       ``(A) online and electronic;
       ``(B) voluntary and there is no perceived or actual 
     tangible benefit to the provider of the information;
       ``(C) of an extremely low burden that is typically 
     completed in 5 minutes or less; and
       ``(D) focused on gathering input about the performance of, 
     or public satisfaction with, an agency providing service; and
       ``(3) the agency publishes representative summaries of the 
     collection of information under subsection (c).''.
       (d) Repository.--The Director of the Office of Management 
     and Budget shall collaborate with the Office of Government 
     Information Services and the Administrator of General 
     Services to develop and maintain an online repository of 
     tools, best practices, and schema standards to facilitate the 
     adoption of open data practices. The repository shall--
       (1) include definitions, regulation and policy, checklists, 
     and case studies related to open data, this subtitle, and the 
     amendments made by this subtitle; and
       (2) facilitate collaboration and the adoption of best 
     practices across the Federal Government relating to the 
     adoption of open data practices.
       (e) Systematic Agency Review of Operations.--Section 305 of 
     title 5, United States Code, is amended--
       (1) in subsection (b), by adding at the end the following: 
     ``To the extent practicable, each agency shall use existing 
     data to support such reviews if the data is accurate and 
     complete.'';
       (2) in subsection (c)--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) determining the status of achieving the mission, 
     goals, and objectives of the agency as described in the 
     strategic plan of the agency published pursuant to section 
     306;''; and
       (3) by adding at the end the following:
       ``(d) Open Data Compliance Report.--Not later than 1 year 
     after the date of enactment of this subsection, and every 2 
     years thereafter, the Director of the Office of Management 
     and Budget shall electronically publish a report on agency 
     performance and compliance with the Open, Public, Electronic, 
     and Necessary Government Data Act and the amendments made by 
     that Act.''.
       (f) GAO Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report that identifies--
       (1) the value of information made available to the public 
     as a result of this subtitle and the amendments made by this 
     subtitle;
       (2) whether it is valuable to expand the publicly available 
     information to any other data assets; and
       (3) the completeness of the Enterprise Data Inventory at 
     each agency required under section 3523 of title 44, United 
     States Code, as added by this section.

     SEC. 8. TECHNOLOGY PORTAL.

       (a) Amendment.--Subchapter I of chapter 35 of title 44, 
     United States Code, is amended by inserting after section 
     3511 the following:

     ``Sec. 3511A. Technology portal

       ``(a) Data.gov Required.--The Administrator of General 
     Services shall maintain a single public interface online as a 
     point of entry dedicated to sharing open Government data with 
     the public.
       ``(b) Coordination With Agencies.--The Director of the 
     Office of Management and Budget shall determine, after 
     consultation with the head of each agency and the 
     Administrator of General Services, the method to access any 
     open Government data published through the interface 
     described in subsection (a).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for subchapter I of chapter 35 of title 44, United 
     States Code, as amended by this subtitle, is amended by 
     inserting after the item relating to section 3511 the 
     following:

       ``3511A. Technology portal.''.
       (c) Deadline.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of General Services 
     shall meet the requirements of section 3511A(a) of title 44, 
     United States Code, as added by subsection (a).

     SEC. 1099E. ENHANCED RESPONSIBILITIES FOR CHIEF INFORMATION 
                   OFFICERS AND CHIEF INFORMATION OFFICERS COUNCIL 
                   DUTIES.

       (a) Agency Chief Information Officer General 
     Responsibilities.--
       (1) General responsibilities.--Section 11315(b) of title 
     40, United States Code, is amended--
       (A) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (3), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(4) data asset management, format standardization, 
     sharing of data assets, and publication of data assets;
       ``(5) the compilation and publication of the Enterprise 
     Data Inventory for the agency required under section 3523 of 
     title 44;
       ``(6) ensuring that agency data conforms with open data 
     best practices;
       ``(7) ensuring compliance with the requirements of 
     subsections (b), (c), (d), and (f) of section 3506 of title 
     44;
       ``(8) engaging agency employees, the public, and 
     contractors in using open Government data and encourage 
     collaborative approaches to improving data use;
       ``(9) supporting the agency Performance Improvement Officer 
     in generating data to support the function of the Performance 
     Improvement Officer described in section 1124(a)(2) of title 
     31;
       ``(10) reviewing the information technology infrastructure 
     of the agency and the impact of such infrastructure on making 
     data assets accessible to reduce barriers that inhibit data 
     asset accessibility;
       ``(11) ensuring that, to the extent practicable, the agency 
     is maximizing its own use of data, including data generated 
     by applications, devices, networks, and equipment owned by 
     the Government and such use is not otherwise prohibited, to 
     reduce costs, improve operations, and strengthen security and 
     privacy protections; and
       ``(12) identifying points of contact for roles and 
     responsibilities related to open data use and implementation 
     as required by the Director of the Office of Management and 
     Budget.''.
       (2) Additional definitions.--Section 11315 of title 40, 
     United States Code, is amended by adding at the end the 
     following:
       ``(d) Additional Definitions.--In this section, the terms 
     `data', `data asset', `Enterprise Data Inventory', and `open 
     Government data' have the meanings given those terms in 
     section 3502 of title 44.''.
       (b) Amendment.--Section 3603(f) of title 44, United States 
     Code, is amended by adding at the end the following:
       ``(8) Work with the Office of Government Information 
     Services and the Director of the Office of Science and 
     Technology Policy to

[[Page S3353]]

     promote data interoperability and comparability of data 
     assets across the Government.''.

     SEC. 1099F. EVALUATION OF AGENCY ANALYTICAL CAPABILITIES.

       (a) Agency Review of Evaluation and Analysis Capabilities; 
     Report.--Not later than 3 years after the date of enactment 
     of this Act, the Chief Operating Officer of each agency shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Oversight and 
     Government Reform of the House of Representatives, and the 
     Director of the Office of Management and Budget a report on 
     the review described in subsection (b).
       (b) Requirements of Agency Review.--The report required 
     under subsection (a) shall assess the coverage, quality, 
     methods, effectiveness, and independence of the agency's 
     evaluation research and analysis efforts, including each of 
     the following:
       (1) A list of the activities and operations of the agency 
     that are being evaluated and analyzed and the activities and 
     operations that have been evaluated and analyzed during the 
     previous 5 years.
       (2) The extent to which the evaluations research and 
     analysis efforts and related activities of the agency support 
     the needs of various divisions within the agency.
       (3) The extent to which the evaluation research and 
     analysis efforts and related activities of the agency address 
     an appropriate balance between needs related to 
     organizational learning, ongoing program management, 
     performance management, strategic management, interagency and 
     private sector coordination, international and external 
     oversight, and accountability.
       (4) The extent to which the agency uses methods and 
     combinations of methods that are appropriate to agency 
     divisions and the corresponding research questions being 
     addressed, including an appropriate combination of formative 
     and summative evaluation research and analysis approaches.
       (5) The extent to which evaluation and research capacity is 
     present within the agency to include personnel, agency 
     process for planning and implementing evaluation activities, 
     disseminating best practices and findings, and incorporating 
     employee views and feedback.
       (6) The extent to which the agency has the capacity to 
     assist front-line staff and program offices to develop the 
     capacity to use evaluation research and analysis approaches 
     and data in the day-to-day operations.
       (c) GAO Review of Agency Reports.--Not later than 4 years 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress a 
     report that summarizes agency findings and highlights trends 
     from the reports submitted pursuant to subsection (a) and, if 
     appropriate, recommends actions to further improve agency 
     capacity to use evaluation techniques and data to support 
     evaluation efforts.

     SEC. 1099G. EFFECTIVE DATE.

       This subtitle, and the amendments made by this subtitle, 
     shall take effect on the date that is 180 days after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 4354. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 819, strike lines 7 through 13 and insert the 
     following:
       (B) An assessment of the ratio of members of the Armed 
     Forces performing active Guard and Reserve duty and civilian 
     employees of the Department of Defense required to best 
     contribute to the readiness of the Reserves and of the 
     National Guard for its Federalized and non-Federalized 
     missions.
                                 ______
                                 
  SA 4355. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 138, between lines 17 and 18, insert the following:
       ``(5) The Chief of the National Guard Bureau and the Vice 
     Chief of the National Guard Bureau.
                                 ______
                                 
  SA 4356. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 925.

                                 ______
                                 
  SA 4357. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 715, between lines 6 and 7, insert the following:
       ``(F) An officer from the National Guard Bureau in the 
     grade of general.
                                 ______
                                 
  SA 4358. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 502, strike subsection (rr).
                                 ______
                                 
  SA 4359. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 90, between lines 7 and 8, insert the following:
       ``(C) in the case of a unit of the Army National Guard or 
     the Army Reserve, the number of full-time support individuals 
     required for the unit to carry out its mission requirements; 
     and
                                 ______
                                 
  SA 4360. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1085. ANNUAL REPORT ON PERSONNEL, TRAINING, AND 
                   EQUIPMENT REQUIREMENTS FOR THE NON-FEDERALIZED 
                   NATIONAL GUARD TO SUPPORT CIVILIAN AUTHORITIES 
                   IN PREVENTION AND RESPONSE TO DOMESTIC 
                   DISASTERS.

       (a) Annual Report Required.--Section 10504 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by striking ``Report.--'' and 
     inserting ``Report on State of the National Guard.--(1)'';
       (2) by striking ``(b) Submission of Report to Congress.--'' 
     and inserting ``(2)'';
       (3) by striking ``annual report of the Chief of the 
     National Guard Bureau'' and inserting ``annual report 
     required by paragraph (1)''; and
       (4) by adding at the end the following new subsection (b):
       ``(b) Annual Report on Non-Federalized Service National 
     Guard Personnel, Training, and Equipment Requirements.--(1) 
     Not later than January 31 of each of calendar years 2017 
     through 2021, the Chief of the National Guard Bureau shall 
     submit to the congressional defense committees and the 
     officials specified in paragraph (5) a report setting forth 
     the personnel, training, and equipment required by the 
     National Guard during the next fiscal year to carry out its 
     mission, while not Federalized, to provide prevention, 
     protection mitigation, response, and recovery activities in 
     support of civilian authorities in connection with natural 
     and man-made disasters.
       ``(2) To determine the annual personnel, training, and 
     equipment requirements of the National Guard referred to in 
     paragraph (1), the Chief of the National Guard Bureau shall 
     take into account, at a minimum, the following:
       ``(A) Core civilian capabilities gaps for the prevention, 
     protection, mitigation, response, and recovery activities in 
     connection with natural and man-made disasters, as collected 
     by the Department of Homeland Security from the States.
       ``(B) Threat and hazard identifications and risk 
     assessments of the Department of Defense, the Department of 
     Homeland Security, and the States.
       ``(3) Personnel, training, and equipment requirements shall 
     be collected from the States, validated by the Chief of the 
     National Guard Bureau, and be categorized in the report 
     required by paragraph (1) by each of the following:
       ``(A) Emergency support functions of the National Response 
     Framework.
       ``(B) Federal Emergency Management Agency regions.
       ``(4) The annual report required by paragraph (1) shall be 
     prepared in consultation with the chief executive of each 
     State, other

[[Page S3354]]

     appropriate civilian authorities, and the Council of 
     Governors.
       ``(5) In addition to the congressional defense committees, 
     the annual report required by paragraph (1) shall be 
     submitted to the following officials:
       ``(A) The Secretary of Defense.
       ``(B) The Secretary of Homeland Security.
       ``(C) The Council of Governors.
       ``(D) The Secretary of the Army.
       ``(E) The Secretary of the Air Force.
       ``(F) The Commander of the United States Northern Command.
       ``(G) The Commander of the United States Cyber Command.''.
       (b) Conforming and Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 10504. Chief of the National Guard Bureau: annual 
       reports''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 1011 of such title is amended by 
     striking the item relating to section 10504 and inserting the 
     following new item:

``10504. Chief of the National Guard Bureau: annual reports.''.
                                 ______
                                 
  SA 4361. Mr. LEAHY (for himself and Mr. Sanders) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 314. STRATEGIC PLAN FOR MANUFACTURING WORKFORCE.

       Subsection (f)(1) of section 2521 of title 10, United 
     States Code, is amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) The overall manufacturing workforce goals, process 
     development, technical training and education, and 
     credentialing for the program.''.
                                 ______
                                 
  SA 4362. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

      Subtitle I--Technology Innovation and Acquisition Provisions

     SEC. 899G. PILOT PROGRAM ON DISTRIBUTION OF ROYALTIES 
                   RECEIVED BY DEPT OF DEFENSE LABORATORIES.

       (a) In General.--Except as provided in subsections (b) and 
     (d), any royalties or other payments received by a Federal 
     agency from the licensing and assignment of inventions under 
     agreements entered into by Department of Defense 
     laboratories, and from the licensing of inventions of 
     Department of Defense laboratories, shall be retained by the 
     laboratory which produced the invention and shall be disposed 
     of as follows:
       (1)(A) The laboratory director shall pay each year the 
     first $2,000, and thereafter at least 20 percent, of the 
     royalties or other payments, other than payments of patent 
     costs as delineated by a license or assignment agreement, to 
     the inventor or coinventors, if the inventor's or 
     coinventor's rights are assigned to the United States.
       (B) A laboratory director may provide appropriate 
     incentives, from royalties or other payments, to laboratory 
     employees who are not an inventor of such inventions but who 
     substantially increased the technical value of the 
     inventions.
       (C) The laboratory shall retain the royalties and other 
     payments received from an invention until the laboratory 
     makes payments to employees of a laboratory under 
     subparagraph (A) or (B).
       (2) The balance of the royalties or other payments shall be 
     transferred by the agency to its laboratories, with the 
     majority share of the royalties or other payments from any 
     invention going to the laboratory where the invention 
     occurred. The royalties or other payments so transferred to 
     any laboratory may be used or obligated by that laboratory 
     during the fiscal year in which they are received or during 
     the 2 succeeding fiscal years--
       (A) to reward scientific, engineering, and technical 
     employees of the laboratory, including developers of 
     sensitive or classified technology, regardless of whether the 
     technology has commercial applications;
       (B) to further scientific exchange among the laboratories 
     of the agency;
       (C) for education and training of employees consistent with 
     the research and development missions and objectives of the 
     agency or laboratory, and for other activities that increase 
     the potential for transfer of the technology of the 
     laboratories of the agency;
       (D) for payment of expenses incidental to the 
     administration and licensing of intellectual property by the 
     agency or laboratory with respect to inventions made at that 
     laboratory, including the fees or other costs for the 
     services of other agencies, persons, or organizations for 
     intellectual property management and licensing services; or
       (E) for scientific research and development consistent with 
     the research and development missions and objectives of the 
     laboratory.
       (3) All royalties or other payments retained by the 
     laboratory after payments have been made pursuant to 
     paragraphs (1) and (2) that are unobligated and unexpended at 
     the end of the second fiscal year succeeding the fiscal year 
     in which the royalties and other payments were received shall 
     be paid into the Treasury of the United States.
       (b) Disposition of Excess Royalties and Other Payments.--
     If, after payments to inventors under subsection (a), the 
     royalties or other payments received by an agency in any 
     fiscal year exceed 5 percent of the budget of the agency for 
     that year, 75 percent of such excess shall be paid to the 
     Treasury of the United States and the remaining 25 percent 
     may be used or obligated under subsection (a)(2). Any funds 
     not so used or obligated shall be paid into the Treasury of 
     the United States.
       (c) Treatment of Payments to Employees.--Any payment made 
     to an employee under this section shall be in addition to the 
     regular pay of the employee and to any other awards made to 
     the employee, and shall not affect the entitlement of the 
     employee to any regular pay, annuity, or award to which the 
     employee is otherwise entitled or for which the employee is 
     otherwise eligible or limit the amount thereof. Any payment 
     made to an inventor as such shall continue after the inventor 
     leaves the laboratory. Payments made under this section while 
     the inventor is still employed at the laboratory shall not 
     exceed $500,000 per year and after the inventor leaves the 
     laboratory shall not exceed $150,000 per year to any one 
     person, unless the President approves a larger award (with 
     the excess over $500,000 being treated as a Presidential 
     award under section 4504 of title 5, United States Code).
       (d) Invention Management Services.--A laboratory receiving 
     royalties or other payments as a result of invention 
     management services performed for another Federal agency or 
     laboratory under section 207 of title 35, United States Code, 
     may retain such royalties or payments to the extent required 
     to offset payments to inventors under subparagraph (A) of 
     subsection (a)(1), costs and expenses incurred under 
     subparagraph (D) of subsection (a)(2), and the cost of 
     foreign patenting and maintenance for any invention of the 
     other agency. All royalties and other payments remaining 
     after offsetting the payments to inventors, costs, and 
     expenses described in the preceding sentence shall be 
     transferred to the agency for which the services were 
     performed, for distribution in accordance with subsection 
     (a)(2).
       (e) Certain Assignments.--If the invention involved was one 
     assigned to the laboratory--
       (1) by a contractor, grantee, or participant, or an 
     employee of a contractor, grantee, or participant, in an 
     agreement or other arrangement with the agency; or
       (2) by an employee of the agency who was not working in the 
     laboratory at the time the invention was made,
     the agency unit that was involved in such assignment shall be 
     considered to be a laboratory for purposes of this section.
       (f) Sunset.--The pilot program under this section shall 
     terminate 5 years after the date of the enactment of this 
     Act.

     SEC. 899H. METHODS FOR ENTERING INTO RESEARCH AGREEMENTS.

       Section 2358(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (3), by striking ``or'';
       (2) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(5) by transactions other than contracts, cooperative 
     agreements, and grants entered into pursuant to sections 2371 
     and 2371b of this title; or
       ``(6) by procurement for experimental purposes pursuant to 
     section 2373 of this title.''.

     SEC. 899I. PREFERENCE FOR USE OF OTHER TRANSACTIONS AND 
                   EXPERIMENTAL AUTHORITY.

       In the execution of science and technology programs, the 
     Secretary of Defense shall establish a preference for using 
     transactions other than contracts, cooperative agreements, 
     and grants entered into pursuant to sections 2371 and 2371b 
     of title 10, United States Code, and authority for 
     procurement for experimental purposes pursuant to section 
     2373 of title 10, United States Code.

     SEC. 899J. MODIFICATION OF COST SHARING REQUIREMENT FOR USE 
                   OF OTHER TRANSACTION AUTHORITY.

       Section 2371b(d)(1) of title 10, United States Code, is 
     amended by striking subparagraph (C) and inserting the 
     following new subparagraph:
       ``(C) At least one third of the total cost of the prototype 
     project is to be paid out of funds provided by parties to the 
     transaction other than the Federal Government, including 
     funds from third party financial investment.''.

[[Page S3355]]

  


     SEC. 899K. ENHANCED AUTHORITY OF CONTRACT AUTHORITY FOR 
                   ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPE 
                   UNITS.

       Section 819(b)(3) of the National Defense Authorization Act 
     for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2302 note) 
     is amended by striking ``the lesser of'' and all that follows 
     through ``$20,000,000'' and inserting ``the amount of 
     expenditure consistent with a major system, as defined in 
     section 2302d of title 10, United States Code''.

     SEC. 899L. PERMANENCY AND ENHANCEMENT OF AUTHORITY FOR PRIZES 
                   FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.

       Subsection (f) of section 2374a of title 10, United States 
     Code, is amended to read as follows:
       ``(f) Use of Prize Authority.--Use of prize authority under 
     this section shall be considered the use of competitive 
     procedures for purposes of chapter 137 of this title.''.
                                 ______
                                 
  SA 4363. Mr. BROWN (for himself and Mr. Blunt) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 740. REQUIREMENTS REGARDING UPDATE BY SECRETARY OF 
                   DEFENSE OF DEPLOYMENT HEALTH FORMS.

       (a) Post Deployment Health Assessment.--When first updating 
     the post deployment health assessment conducted by the 
     Department of Defense after the date of the enactment of this 
     Act, the Secretary of Defense shall include in such 
     assessment a question relating to whether a member of the 
     Armed Forces has witnessed or observed any in-service 
     stressor, including any event, activity, or incident, during 
     the deployment of the member.
       (b) Instruction on Deployment Health.--When first updating 
     Department of Defense Instruction 6490.03 ``Deployment 
     Health'' after the date of the enactment of this Act, the 
     Secretary of Defense shall ensure that a description of any 
     in-service stressor, including any event, activity, incident, 
     or being a witness to any such event, activity, or incident, 
     experienced by a member of the Armed Forces that may have 
     caused or contributed to post-traumatic stress disorder 
     (PTSD) or mild traumatic brain injury (mTBI) while in combat 
     or on active duty in the Armed Forces and any records and 
     data relating to that in-service stressor are electronically 
     uploaded into the military personnel files and medical 
     records of the member for the permanent record of the member.
                                 ______
                                 
  SA 4364. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. PROTECTING FINANCIAL AID FOR STUDENTS AND 
                   TAXPAYERS.

       (a) Short Title.--This section may be cited as the 
     ``Protecting Financial Aid for Students and Taxpayers Act''.
       (b) Findings.--Congress finds the following:
       (1) From 1998 to 2013, enrollment in for-profit 
     institutions of higher education increased by 314 percent, 
     from 498,176 students to 2,064,920 students.
       (2) In the 2012-2013 academic year, students who enrolled 
     at for-profit institutions of higher education received 
     $26,469,028,523 in Federal Pell Grants and student loans.
       (3) Eight out of the 10 top recipients of Post- 9/11 
     Educational Assistance funds are for-profit institutions of 
     higher education. These 8 companies have received 
     $2,900,000,000 in taxpayer funds to enroll veterans from 2009 
     to 2013.
       (4) An analysis of 15 publicly traded companies that 
     operate institutions of higher education shows that, on 
     average, such companies spend 28 percent of expenditures on 
     advertising, marketing, and recruiting.
       (c) Restrictions on Sources of Funds for Recruiting and 
     Marketing Activities.--Section 119 of the Higher Education 
     Opportunity Act (20 U.S.C. 1011m) is amended--
       (1) in the section heading, by inserting ``and restrictions 
     on sources of funds for recruiting and marketing activities'' 
     after ``funds'';
       (2) in subsection (d), by striking ``subsections (a) 
     through (c)'' and inserting ``subsections (a), (b), (c), and 
     (e)'';
       (3) by redesignating subsection (e) as subsection (f); and
       (4) by inserting after subsection (d) the following:
       ``(e) Restrictions on Sources of Funds for Recruiting and 
     Marketing Activities.--
       ``(1) In general.--An institution of higher education, or 
     other postsecondary educational institution, may not use 
     revenues derived from Federal educational assistance funds 
     for recruiting or marketing activities described in paragraph 
     (2).
       ``(2) Covered activities.--Except as provided in paragraph 
     (3), the recruiting and marketing activities subject to 
     paragraph (1) shall include the following:
       ``(A) Advertising and promotion activities, including paid 
     announcements in newspapers, magazines, radio, television, 
     billboards, electronic media, naming rights, or any other 
     public medium of communication, including paying for displays 
     or promotions at job fairs, military installations, or 
     college recruiting events.
       ``(B) Efforts to identify and attract prospective students, 
     either directly or through a contractor or other third party, 
     including contact concerning a prospective student's 
     potential enrollment or application for grant, loan, or work 
     assistance under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.) or participation in preadmission or 
     advising activities, including--
       ``(i) paying employees responsible for overseeing 
     enrollment and for contacting potential students in-person, 
     by phone, by email, or by other Internet communications 
     regarding enrollment; and
       ``(ii) soliciting an individual to provide contact 
     information to an institution of higher education, including 
     websites established for such purpose and funds paid to third 
     parties for such purpose.
       ``(C) Such other activities as the Secretary of Education 
     may prescribe, including paying for promotion or sponsorship 
     of education or military-related associations.
       ``(3) Exceptions.--Any activity that is required as a 
     condition of receipt of funds by an institution under title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
     seq.), is specifically authorized under such title, or is 
     otherwise specified by the Secretary of Education, shall not 
     be considered to be a covered activity under paragraph (2).
       ``(4) Federal educational assistance funds.--In this 
     subsection, the term `Federal educational assistance funds' 
     means funds provided directly to an institution or to a 
     student attending such institution under any of the following 
     provisions of law:
       ``(A) Title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070 et seq.).
       ``(B) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United 
     States Code.
       ``(C) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 
     10, United States Code.
       ``(D) Section 1784a, 2005, or 2007 of title 10, United 
     States Code.
       ``(E) Title I of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3111 et seq.).
       ``(F) The Adult Education and Family Literacy Act (29 
     U.S.C. 3271 et seq.).
       ``(5) Rule of construction.--Nothing in this section shall 
     be construed as a limitation on the use by an institution of 
     revenues derived from sources other than Federal educational 
     assistance funds.
       ``(6) Reports.--Each institution of higher education, or 
     other postsecondary educational institution, that derives 65 
     percent or more of revenues from Federal educational 
     assistance funds shall report annually to the Secretary and 
     to Congress and shall include in such report--
       ``(A) the institution's expenditures on advertising, 
     marketing, and recruiting;
       ``(B) a verification from an independent auditor that the 
     institution is in compliance with the requirements of this 
     subsection; and
       ``(C) a certification from the institution that the 
     institution is in compliance with the requirements of this 
     subsection.''.
                                 ______
                                 
  SA 4365. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 812 and insert the following:

     SEC. 812. MICRO-PURCHASE THRESHOLD APPLICABLE TO GOVERNMENT 
                   PROCUREMENTS.

       (a) Increase in Threshold.--Section 1902 of title 41, 
     United States Code, is amended--
       (1) in subsection (a), by striking ``$3,000'' and inserting 
     ``$10,000''; and
       (2) in subsections (d) and (e), by striking ``not greater 
     than $3,000'' and inserting ``with a price not greater than 
     the micro-purchase threshold''.
       (b) OMB Guidance.--The Director of the Office of Management 
     and Budget shall update the guidance in Circular A-123, 
     Appendix B, as appropriate, to ensure that agencies--
       (1) follow sound acquisition practices when making 
     purchases using the Government purchase card; and
       (2) maintain internal controls that reduce the risk of 
     fraud, waste, and abuse in Government charge card programs.
       (c) Convenience Checks.--A convenience check may not be 
     used for an amount in excess of one half of the micro-
     purchase threshold under section 1902(a) of title 41, United 
     States Code, or a lower amount set

[[Page S3356]]

     by the head of the agency, and use of convenience checks 
     shall comply with controls prescribed in OMB Circular A-123, 
     Appendix B.

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

     SEC. 829K. SIMPLIFICATION OF THE PROCESS FOR PREPARATION AND 
                   EVALUATION OF PROPOSALS FOR CERTAIN SERVICE 
                   CONTRACTS.

       (a) Contracting Under Title 41, United States Code.--
     Section 3306(c) of title 41, United States Code, is amended--
       (1) in paragraph (1), by inserting ``except as provided in 
     paragraph (3),'' in subparagraphs (B) and (C) after the 
     subparagraph designation; and
       (2) by adding at the end the following new paragraphs:
       ``(3) Exceptions for certain indefinite delivery, 
     indefinite quantity multiple-award contracts and certain 
     federal supply schedule contracts.--If the head of an agency 
     issues a solicitation for multiple task or delivery order 
     contracts under section 4103 of this title, or a Federal 
     supply schedule contract under section 501(b) of title 40 and 
     section 152(3) of this title, for the same or similar 
     services and intends to make a contract award to each 
     qualifying offeror--
       ``(A) cost or price to the Federal Government need not, at 
     the Government's discretion, be considered under subparagraph 
     (B) of paragraph (1) as an evaluation factor for the contract 
     award; and
       ``(B) if, pursuant to subparagraph (A), cost or price to 
     the Federal Government is not considered as an evaluation 
     factor for the contract award--
       ``(i) the disclosure requirement of subparagraph (C) of 
     paragraph (1) shall not apply; and
       ``(ii) cost or price to the Federal Government shall be 
     considered in conjunction with the issuance of a task or 
     delivery order under any contract resulting from the 
     solicitation that is awarded pursuant to section 501(b) of 
     title 40 and section 152(3) of this title.
       ``(4) Qualifying offeror defined.--In paragraph (3), the 
     term `qualifying offeror' means an offeror that--
       ``(A) is determined to be a responsible source;
       ``(B) submits a proposal that conforms to the requirements 
     of the solicitation; and
       ``(C) the contracting officer has no reason to believe 
     would likely offer other than fair and reasonable pricing.''.
       (b) Contracting Under Title 10, United States Code.--
     Section 2305(a)(3) of title 10, United States Code, is 
     amended--
       (1) in subparagraph (A), by inserting ``(except as provided 
     in subparagraph (C))'' in clauses (ii) and (iii) after 
     ``shall''; and
       (2) by adding at the end the following new subparagraphs:
       ``(C) If the head of an agency issues a solicitation for 
     multiple task or delivery order contracts under section 
     2304a(d)(1)(B) of this title for the same or similar services 
     and intends to make a contract award to each qualifying 
     offeror--
       ``(i) cost or price to the Federal Government need not, at 
     the Government's discretion, be considered under clause (ii) 
     of subparagraph (A) as an evaluation factor for the contract 
     award; and
       ``(ii) if, pursuant to clause (i), cost or price to the 
     Federal Government is not considered as an evaluation factor 
     for the contract award--

       ``(I) the disclosure requirement of clause (iii) of 
     subparagraph (A) shall not apply; and
       ``(II) cost or price to the Federal Government shall be 
     considered in conjunction with the issuance pursuant to 
     section 2304c(b) of this title of a task or delivery order 
     under any contract resulting from the solicitation.

       ``(D) In subparagraph (C), the term `qualifying offeror' 
     means an offeror that--
       ``(i) is determined to be a responsible source;
       ``(ii) submits a proposal that conforms to the requirements 
     of the solicitation; and
       ``(iii) the contracting officer has no reason to believe 
     would likely offer other than fair and reasonable pricing.''.

     SEC. 829L. PILOT PROGRAMS FOR AUTHORITY TO ACQUIRE INNOVATIVE 
                   COMMERCIAL ITEMS USING GENERAL SOLICITATION 
                   COMPETITIVE PROCEDURES.

       (a) Authority.--
       (1) In general.--The head of an agency may carry out a 
     pilot program, to be known as a ``commercial solutions 
     opening pilot program'', under which innovative commercial 
     items may be acquired through a competitive selection of 
     proposals resulting from a general solicitation and the peer 
     review of such proposals.
       (2) Head of an agency.--In this section, the term ``head of 
     an agency'' means the following:
       (A) The Secretary of Defense.
       (B) The Secretary of Homeland Security.
       (C) The Administrator of General Services.
       (3) Applicability of section.--This section applies to the 
     following agencies:
       (A) The Department of Defense.
       (B) The Department of Homeland Security.
       (C) The General Services Administration.
       (b) Treatment as Competitive Procedures.--Use of general 
     solicitation competitive procedures for the pilot program 
     under subsection (a) shall be considered--
       (1) in the case of the Department of Defense, to be use of 
     competitive procedures for purposes of chapter 137 of title 
     10, United States Code; and
       (2) in the case of the Department of Homeland Security and 
     the General Services Administration, to be use of competitive 
     procedures for purposes division C of title 41, United States 
     Code (as defined in section 152 of such title).
       (c) Limitation.--The head of an agency may not enter into a 
     contract under the pilot program for an amount in excess of 
     $10,000,000.
       (d) Guidance.--The head of an agency shall issue guidance 
     for the implementation of the pilot program under this 
     section within that agency. Such guidance shall be issued in 
     consultation with the Office of Management and Budget and 
     shall be posted for access by the public.
       (e) Report Required.--
       (1) In general.--Not later than three years after the date 
     of the enactment of this Act, the head of an agency shall 
     submit to the congressional committees specified in paragraph 
     (3) a report on the activities the agency carried out under 
     the pilot program.
       (2) Elements of report.--Each report under this subsection 
     shall include the following:
       (A) An assessment of the impact of the pilot program on 
     competition.
       (B) In the case of the Department of Defense, an assessment 
     of the ability under the pilot program to attract proposals 
     from nontraditional defense contractors (as defined in 
     section 2302(9) of title 10, United States Code).
       (C) A comparison of acquisition timelines for--
       (i) procurements made using the pilot program; and
       (ii) procurements made using other competitive procedures 
     that do not use general solicitations.
       (D) A recommendation on whether the authority for the pilot 
     program should be made permanent.
       (3) The congressional committees specified in this 
     paragraph are the following:
       (A) With respect to the Department of Defense, the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives.
       (B) With respect to the Department of Homeland Security and 
     the General Services Administration, the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Government Reform of the House 
     of Representatives.
       (f) Definition.--In this section, the term ``innovative'' 
     means--
       (1) any new technology, process, or method, including 
     research and development; or
       (2) any new application of an existing technology, process, 
     or method.
       (g) Termination.--The authority to enter into a contract 
     under a pilot program under this section terminates on 
     September 30, 2022.

     SEC. 829M. INCREASE IN SIMPLIFIED ACQUISITION THRESHOLD.

       Section 134 of title 41, United States Code, is amended by 
     striking ``$100,000'' and inserting ``$500,000''.

     SEC. 829N. CATEGORY MANAGEMENT.

       (a) Guidance.--The Office of Management and Budget shall 
     issue guidance to support the implementation of category 
     management by executive agencies. The guidance shall address, 
     at a minimum, the following:
       (1) Principles and practices for--
       (A) addressing common agency needs for goods and services 
     through the use of data analytics, application of best-in-
     class practices, and an understanding of market and agency 
     cost drivers and other relevant considerations;
       (B) reducing duplication of contract vehicles for the same 
     or similar requirements;
       (C) collecting and interagency sharing of pricing data, 
     contract terms and conditions, and other information as 
     appropriate;
       (D) strengthening demand management practices; and
       (E) meeting other policy objectives achieved through 
     Federal contracting, including--
       (i) ensuring that small businesses, qualified HUBZone small 
     business concerns, small businesses owned and controlled by 
     socially and economically disadvantaged individuals, service-
     disabled veteran-owned small businesses, and small businesses 
     owned and controlled by women are provided with the maximum 
     practicable opportunities, as available to other potential 
     contractors, to participate in Federal acquisitions; and
       (ii) strengthening sustainability and accessibility 
     requirements in Federal acquisitions.
       (2) The roles and responsibilities of the Office of 
     Management and Budget, the General Services Administration, 
     and other agencies, as appropriate, in furthering category 
     management principles and practices.
       (3) Metrics for measuring results achieved through 
     application of category management principles and practices.
       (b) Responsibilities of Agency Chief Acquisition 
     Officers.--Section 1702(b)(3) of title 41, United States 
     Code, is amended--
       (1) by redesignating subparagraphs (D), (E), (F), and (G) 
     as subparagraphs (E), (F), (G), and (H), respectively; and
       (2) by inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) establishing and overseeing a category management 
     program for the agency's spend in consultation with the 
     agency Chief Information Officer, the agency Chief Financial 
     Officer, and other agency officials, as appropriate;''.

[[Page S3357]]

  


     SEC. 829O. INNOVATION SET ASIDE PILOT PROGRAM.

       (a) In General.--The Director of the Office of Management 
     and Budget may, in consultation with the Administrator of the 
     Small Business Administration, conduct a pilot program to 
     increase the participation of new, innovative entities in 
     Federal contracting through the use of innovation set-asides.
       (b) Authority.--(1) Notwithstanding the competition 
     requirements in chapter 33 of title 41, United States Code, 
     and the set-aside requirements in section 15 of the Small 
     Business Act (15 U.S.C. 644), a Federal agency, with the 
     concurrence of the Director, may set aside a contract award 
     to one or more new entrant contractors. The Director shall 
     consult with the Administrator prior to providing 
     concurrence.
       (2) Notwithstanding any law addressing compliance 
     requirements for Federal contracts--
       (A) except as provided in subparagraph (B), a contract 
     award to a new entrant contractor under the pilot program 
     shall be subject to the same relief afforded under section 
     1905 of title 41, United States Code, to contracts the value 
     of which is not greater than the simplified acquisition 
     threshold; and
       (B) for up to five pilots, the Director may authorize an 
     agency to make an award to a new entrant contractor subject 
     to the same compliance requirements that apply to a 
     contractor receiving an award from the Secretary of Defense 
     under section 2371 of title 10 United States Code.
       (c) Conditions for Use.--The authority provided in 
     subsection (b) may be used under the following conditions:
       (1)(A) The agency has a requirement for new methods, 
     processes, or technologies, which may include research and 
     development, or new applications of existing methods, 
     processes or technologies, to improve quality, reduce costs, 
     or both; or
       (B) Based on market research, the agency has determined 
     that the requirement cannot be easily provided through an 
     existing Federal contract;
       (2) The agency intends either to make an award to a small 
     business concern or to give special consideration to a small 
     business concern before making an award to other than a small 
     business; and
       (3) The length of the resulting contract will not exceed 2 
     years.
       (d) Number of Pilots.--The Director may authorize the use 
     of up to 25 innovation set-asides acquisitions.
       (e) Award Amount.--
       (1) Except as provided in paragraph (2), the amount of an 
     award under the pilot program under this section may not 
     exceed $2,000,000 (including any options).
       (2) The Director may authorize not more than 5 set-asides 
     with an award amount greater than $2,000,000 but not greater 
     than $5,000,000 (including any options).
       (f) Guidance and Reporting.--
       (1) The Director shall issue guidance, as necessary, to 
     implement the pilot program under this section.
       (2) Within 3 years after the date of the enactment of this 
     Act, the Director, in consultation with the Administrator 
     shall submit to Congress a report on the pilot program under 
     this section. The report shall include the following:
       (A) The number of awards (or orders under the Schedule) 
     made under the authority of this section.
       (B) For each award (or order)--
       (i) the agency that made the award (or order);
       (ii) the amount of the award (or order); and
       (iii) a brief description of the award (or order), 
     including the nature of the requirement and the innovation 
     produced from the award (or expected if contract performance 
     is not completed).
       (g) Sunset.--The authority to award an innovation set-aside 
     under this section shall terminate on December 31, 2020.
       (h) Definition.--For purposes of this section, the term 
     ``new entrant contractor'', with respect to any contract 
     under the program, means an entity that has not been awarded 
     a Federal contract within the 5-year period ending on the 
     date on which a solicitation for that contract is issued 
     under the program.
                                 ______
                                 
  SA 4366. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. DEPARTMENT COORDINATION.

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 708. DEPARTMENT COORDINATION.

       ``(a) Definitions.--In this section--
       ``(1) the term `joint duty training program' means the 
     training program established under subsection (e)(9)(A);
       ``(2) the term `joint requirement' means a condition or 
     capability of a Joint Task Force, or of multiple operating 
     components of the Department, that is required to be met or 
     possessed by a system, product, service, result, or component 
     to satisfy a contract, standard, specification, or other 
     formally imposed document;
       ``(3) the term `Joint Task Force' means a Joint Task Force 
     established under subsection (e) when the scope, complexity, 
     or other factors of the crisis or issue require capabilities 
     of 2 or more components of the Department operating under the 
     guidance of a single Director; and
       ``(4) the term `situational awareness' means knowledge and 
     unified understanding of unlawful cross-border activity, 
     including--
       ``(A) threats and trends concerning illicit trafficking and 
     unlawful crossings;
       ``(B) the ability to forecast future shifts in such threats 
     and trends;
       ``(C) the ability to evaluate such threats and trends at a 
     level sufficient to create actionable plans; and
       ``(D) the operational capability to conduct continuous and 
     integrated surveillance of the air, land, and maritime 
     borders of the United States.
       ``(b) Department Leadership Councils.--
       ``(1) Establishment.--The Secretary may establish such 
     Department leadership councils as the Secretary determines 
     necessary to ensure coordination among leadership in the 
     Department.
       ``(2) Function.--Department leadership councils shall--
       ``(A) serve as coordinating forums;
       ``(B) advise the Secretary and Deputy Secretary on 
     Department strategy, operations, and guidance; and
       ``(C) consider and report on such other matters as the 
     Secretary or Deputy Secretary may direct.
       ``(3) Chairperson; membership.--
       ``(A) Chairperson.--The Secretary or a designee may serve 
     as chairperson of a Department leadership council.
       ``(B) Membership.--The Secretary shall determine the 
     membership of a Department leadership council.
       ``(4) Relationship to other forums.--The Secretary or 
     Deputy Secretary may delegate the authority to direct the 
     implementation of any decision or guidance resulting from the 
     action of a Department leadership council to any office, 
     component, coordinator, or other senior official of the 
     Department.
       ``(c) Joint Requirements Council.--
       ``(1) Establishment.--There is established within the 
     Department a Joint Requirements Council.
       ``(2) Mission.--In addition to other matters assigned to it 
     by the Secretary and Deputy Secretary, the Joint Requirements 
     Council shall--
       ``(A) identify, assess, and validate joint requirements 
     (including existing systems and associated capability gaps) 
     to meet mission needs of the Department;
       ``(B) ensure that appropriate efficiencies are made among 
     life-cycle cost, schedule, and performance objectives, and 
     procurement quantity objectives, in the establishment and 
     approval of joint requirements; and
       ``(C) make prioritized capability recommendations for the 
     joint requirements approved under subparagraph (A) to the 
     Secretary, the Deputy Secretary, or the chairperson of a 
     Department leadership council designated by the Secretary to 
     review decisions of the Joint Requirements Council.
       ``(3) Chair.--The Secretary shall appoint a chairperson of 
     the Joint Requirements Council, for a term of not more than 2 
     years, from among senior officials from components of the 
     Department or other senior officials as designated by the 
     Secretary.
       ``(4) Composition.--The Joint Requirements Council shall be 
     composed of senior officials representing components of the 
     Department and other senior officials as designated by the 
     Secretary.
       ``(5) Relationship to future years homeland security 
     program.--The Secretary shall ensure that the Future Years 
     Homeland Security Program required under section 874 is 
     consistent with the recommendations of the Joint Requirements 
     Council under paragraph (2)(C) of this subsection, as 
     affirmed by the Secretary, the Deputy Secretary, or the 
     chairperson of a Department leadership council designated by 
     the Secretary under that paragraph.
       ``(d) Joint Operational Plans.--
       ``(1) Planning and guidance.--The Secretary may direct the 
     development of Joint Operational Plans for the Department and 
     issue planning guidance for such development.
       ``(2) Coordination.--The Secretary shall ensure 
     coordination between requirements derived from Joint 
     Operational Plans and the Future Years Homeland Security 
     Program required under section 874.
       ``(3) Limitation.--Nothing in this subsection shall be 
     construed to affect the national emergency management 
     authorities and responsibilities of the Administrator of the 
     Federal Emergency Management Agency under title V.
       ``(e) Joint Task Forces.--
       ``(1) Establishment.--The Secretary may establish and 
     operate Departmental Joint Task Forces to conduct joint 
     operations using personnel and capabilities of the 
     Department.
       ``(2) Joint task force directors.--
       ``(A) Director.--Each Joint Task Force shall be headed by a 
     Director appointed by the Secretary for a term of not more 
     than 2 years, who shall be a senior official of the 
     Department.
       ``(B) Extension.--The Secretary may extend the appointment 
     of a Director of a

[[Page S3358]]

     Joint Task Force for not more than 2 years if the Secretary 
     determines that such an extension is in the best interest of 
     the Department.
       ``(3) Joint task force deputy directors.--For each Joint 
     Task Force, the Secretary shall appoint a Deputy Director who 
     shall be an official of a different component or office than 
     the Director of the Joint Task Force.
       ``(4) Responsibilities.--The Director of a Joint Task 
     Force, subject to the oversight, direction, and guidance of 
     the Secretary, shall--
       ``(A) maintain situational awareness within the areas of 
     responsibility of the Joint Task Force, as determined by the 
     Secretary;
       ``(B) provide operational plans and requirements for 
     standard operating procedures and contingency operations;
       ``(C) plan and execute joint task force activities within 
     the areas of responsibility of the Joint Task Force, as 
     determined by the Secretary;
       ``(D) set and accomplish strategic objectives through 
     integrated operational planning and execution;
       ``(E) exercise operational direction over personnel and 
     equipment from components and offices of the Department 
     allocated to the Joint Task Force to accomplish the 
     objectives of the Joint Task Force;
       ``(F) establish operational and investigative priorities 
     within the operating areas of the Joint Task Force;
       ``(G) coordinate with foreign governments and other 
     Federal, State, and local agencies, as appropriate, to carry 
     out the mission of the Joint Task Force; and
       ``(H) carry out other duties and powers the Secretary 
     determines appropriate.
       ``(5) Personnel and resources.--
       ``(A) In general.--The Secretary may, upon request of the 
     Director of a Joint Task Force, and giving appropriate 
     consideration of risk to the other primary missions of the 
     Department, allocate on a temporary basis personnel and 
     equipment of components and offices of the Department to a 
     Joint Task Force.
       ``(B) Cost neutrality.--A Joint Task Force may not require 
     more personnel, equipment, or resources than would be 
     required by components of the Department in the absence of 
     the Joint Task Force.
       ``(C) Location of operations.--In establishing a location 
     of operations for a Joint Task Force, the Secretary shall, to 
     the extent practicable, use existing facilities that 
     integrate efforts of components of the Department and State, 
     local, tribal, or territorial law enforcement or military 
     entities.
       ``(D) Report.--The Secretary shall, at the time the budget 
     of the President is submitted to Congress for a fiscal year 
     under section 1105(a) of title 31, United States Code, submit 
     to the congressional homeland security committees a report on 
     the total funding, personnel, and other resources that each 
     component of the Department allocated to each Joint Task 
     Force to carry out the mission of the Joint Task Force during 
     the fiscal year immediately preceding the report.
       ``(6) Component resource authority.--As directed by the 
     Secretary--
       ``(A) each Director of a Joint Task Force shall be provided 
     sufficient resources from relevant components and offices of 
     the Department and the authority necessary to carry out the 
     missions and responsibilities required under this section;
       ``(B) the resources referred to in subparagraph (A) shall 
     be under the operational authority, direction, and control of 
     the Director of the Joint Task Force to which the resources 
     are assigned; and
       ``(C) the personnel and equipment of each Joint Task Force 
     shall remain under the administrative direction of the 
     executive agent for the Joint Task Force.
       ``(7) Joint task force staff.--Each Joint Task Force shall 
     have a staff, composed of officials from relevant components, 
     to assist the Director in carrying out the mission and 
     responsibilities of the Joint Task Force.
       ``(8) Establishment of performance metrics.--The Secretary 
     shall--
       ``(A) establish outcome-based and other appropriate 
     performance metrics to evaluate the effectiveness of each 
     Joint Task Force;
       ``(B) not later than 120 days after the date of enactment 
     of this section, submit the metrics established under 
     subparagraph (A) to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives; and
       ``(C) not later than January 31 of each year beginning in 
     2017, submit to each committee described in subparagraph (B) 
     a report that contains the evaluation described in 
     subparagraph (A).
       ``(9) Joint duty training program.--
       ``(A) In general.--The Secretary shall--
       ``(i) establish a joint duty training program in the 
     Department for the purposes of--

       ``(I) enhancing coordination within the Department; and
       ``(II) promoting workforce professional development; and

       ``(ii) tailor the joint duty training program to improve 
     joint operations as part of the Joint Task Forces.
       ``(B) Elements.--The joint duty training program 
     established under subparagraph (A) shall address, at a 
     minimum, the following topics:
       ``(i) National security strategy.
       ``(ii) Strategic and contingency planning.
       ``(iii) Command and control of operations under joint 
     command.
       ``(iv) International engagement.
       ``(v) The homeland security enterprise.
       ``(vi) Interagency collaboration.
       ``(vii) Leadership.
       ``(viii) Specific subject matter relevant to the Joint Task 
     Force to which the joint duty training program is assigned.
       ``(C) Training required.--
       ``(i) Directors and deputy directors.--Except as provided 
     in clauses (iii) and (iv), an individual shall complete the 
     joint duty training program before being appointed Director 
     or Deputy Director of a Joint Task Force.
       ``(ii) Joint task force staff.--Each official serving on 
     the staff of a Joint Task Force shall complete the joint duty 
     training program within the first year of assignment to the 
     Joint Task Force.
       ``(iii) Exception.--Clause (i) shall not apply to the first 
     Director or Deputy Director appointed to a Joint Task Force 
     on or after the date of enactment of this section.
       ``(iv) Waiver.--The Secretary may waive clause (i) if the 
     Secretary determines that such a waiver is in the interest of 
     homeland security.
       ``(10) Establishing joint task forces.--Subject to 
     paragraph (13), the Secretary may establish Joint Task Forces 
     for the purposes of--
       ``(A) coordinating and directing operations along the land 
     and maritime borders of the United States;
       ``(B) cybersecurity; and
       ``(C) preventing, preparing for, and responding to other 
     homeland security matters, as determined by the Secretary.
       ``(11) Notification of joint task force formation.--
       ``(A) In general.--Not later than 90 days before 
     establishing a Joint Task Force under this subsection, the 
     Secretary shall submit a notification to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives.
       ``(B) Waiver authority.--The Secretary may waive the 
     requirement under subparagraph (A) in the event of an 
     emergency circumstance that imminently threatens the 
     protection of human life or the protection of property.
       ``(12) Review.--
       ``(A) In general.--The Inspector General of the Department 
     shall conduct a review of the Joint Task Forces established 
     under this subsection.
       ``(B) Contents.--The review required under subparagraph (A) 
     shall include--
       ``(i) an assessment of the effectiveness of the structure 
     of each Joint Task Force; and
       ``(ii) recommendations for enhancements to that structure 
     to strengthen the effectiveness of the Joint Task Force.
       ``(C) Submission.--The Inspector General of the Department 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives--
       ``(i) an initial report that contains the evaluation 
     described in subparagraph (A) by not later than January 31, 
     2018; and
       ``(ii) a second report that contains the evaluation 
     described in subparagraph (A) by not later than January 31, 
     2021.
       ``(13) Limitation on joint task forces.--
       ``(A) In general.--The Secretary may not establish a Joint 
     Task Force for any major disaster or emergency declared under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) or an incident for 
     which the Federal Emergency Management Agency has primary 
     responsibility for management of the response under title V 
     of this Act, including section 504(a)(3)(A), unless the 
     responsibilities of the Joint Task Force--
       ``(i) do not include operational functions related to 
     incident management, including coordination of operations; 
     and
       ``(ii) are consistent with the requirements of paragraphs 
     (3) and (4)(A) of section 503(c) and section 509(c) of this 
     Act and section 302 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5143).
       ``(B) Responsibilities and functions not reduced.--Nothing 
     in this section shall be construed to reduce the 
     responsibilities or functions of the Federal Emergency 
     Management Agency or the Administrator thereof under title V 
     of this Act and any other provision of law, including the 
     diversion of any asset, function, or mission from the Federal 
     Emergency Management Agency or the Administrator thereof 
     pursuant to section 506.
       ``(f) Joint Duty Assignment Program.--The Secretary may 
     establish a joint duty assignment program within the 
     Department for the purposes of enhancing coordination in the 
     Department and promoting workforce professional 
     development.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 707 the following:

``Sec. 708. Department coordination.''.
                                 ______
                                 
  SA 4367. Mr. JOHNSON (for himself and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military

[[Page S3359]]

personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

                     DIVISION F--DHS ACCOUNTABILITY

     SECTION 6001. SHORT TITLE.

       This division may be cited as the ``DHS Accountability Act 
     of 2016''.

     SEC. 6002. DEFINITIONS.

       In this division:
       (1) Congressional homeland security committees.--The term 
     ``congressional homeland security committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security of the House of 
     Representatives;
       (C) the Homeland Security Subcommittee of the Committee on 
     Appropriations of the Senate; and
       (D) the Homeland Security Subcommittee of the Committee on 
     Appropriations of the House of Representatives.
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

           TITLE LXXI--DEPARTMENT MANAGEMENT AND COORDINATION

     SEC. 6101. MANAGEMENT AND EXECUTION.

       (a) In General.--Section 103 of the Homeland Security Act 
     of 2002 (6 U.S.C. 113) is amended--
       (1) in subsection (a)(1)--
       (A) by striking subparagraph (F) and inserting the 
     following:
       ``(F) An Under Secretary for Management, who shall be first 
     assistant to the Deputy Secretary of Homeland Security for 
     purposes of subchapter III of chapter 33 of title 5, United 
     States Code.''; and
       (B) by adding at the end the following:
       ``(K) An Under Secretary for Strategy, Policy, and 
     Plans.''; and
       (2) by adding at the end the following:
       ``(g) Vacancies.--
       ``(1) Absence, disability, or vacancy of secretary or 
     deputy secretary.--Notwithstanding section 3345 of title 5, 
     United States Code, the Under Secretary for Management shall 
     serve as the Acting Secretary if by reason of absence, 
     disability, or vacancy in office, neither the Secretary nor 
     Deputy Secretary is available to exercise the duties of the 
     Office of the Secretary.
       ``(2) Further order of succession.--Notwithstanding section 
     3345 of title 5, United States Code, the Secretary may 
     designate such other officers of the Department in further 
     order of succession to serve as Acting Secretary.
       ``(3) Notification of vacancies.--The Secretary shall 
     notify the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives of any vacancies that require 
     notification under sections 3345 through 3349d of title 5, 
     United States Code (commonly known as the `Federal Vacancies 
     Reform Act of 1998').''.
       (b) In General.--Section 701 of the Homeland Security Act 
     of 2002 (6 U.S.C. 341) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (9) and inserting the following:
       ``(9) The management integration and transformation within 
     each functional management discipline of the Department, 
     including information technology, financial management, 
     acquisition management, and human capital management, to 
     ensure an efficient and orderly consolidation of functions 
     and personnel in the Department, including--
       ``(A) the development of centralized data sources and 
     connectivity of information systems to the greatest extent 
     practicable to enhance program visibility, transparency, and 
     operational effectiveness and coordination;
       ``(B) the development of standardized and automated 
     management information to manage and oversee programs and 
     make informed decisions to improve the efficiency of the 
     Department;
       ``(C) the development of effective program management and 
     regular oversight mechanisms, including clear roles and 
     processes for program governance, sharing of best practices, 
     and access to timely, reliable, and evaluated data on all 
     acquisitions and investments; and
       ``(D) the overall supervision, including the conduct of 
     internal audits and management analyses, of the programs and 
     activities of the Department, including establishment of 
     oversight procedures to ensure a full and effective review of 
     the efforts by components of the Department to implement 
     policies and procedures of the Department for management 
     integration and transformation.'';
       (B) by redesignating paragraphs (10) and (11) as paragraphs 
     (12) and (13), respectively; and
       (C) by inserting after paragraph (9) the following:
       ``(10) The development of a transition and succession plan, 
     before December 1 of each year in which a Presidential 
     election is held, to guide the transition of Department 
     functions to a new Presidential administration, and making 
     such plan available to the next Secretary and Under Secretary 
     for Management and to the congressional homeland security 
     committees.
       ``(11) Reporting to the Government Accountability Office 
     every 6 months to demonstrate measurable, sustainable 
     progress made in implementing the corrective action plans of 
     the Department to address the designation of the management 
     functions of the Department on the bi-annual high risk list 
     of the Government Accountability Office, until the 
     Comptroller General of the United States submits to the 
     appropriate congressional committees written notification of 
     removal of the high-risk designation.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Waivers for Conducting Business With Suspended or 
     Debarred Contractors.--Not later than 5 days after the date 
     on which the Chief Procurement Officer or Chief Financial 
     Officer of the Department issues a waiver of the requirement 
     that an agency not engage in business with a contractor or 
     other recipient of funds listed as a party suspended or 
     debarred from receiving contracts, grants, or other types of 
     Federal assistance in the System for Award Management 
     maintained by the General Services Administration, or any 
     successor thereto, the Under Secretary for Management shall 
     submit to the congressional homeland security committees and 
     the Inspector General of the Department notice of the waiver 
     and an explanation of the finding by the Under Secretary that 
     a compelling reason exists for the waiver.'';
       (3) by redesignating subsection (d) as subsection (e); and
       (4) by inserting after subsection (c) the following:
       ``(d) System for Award Management Consultation.--The Under 
     Secretary for Management shall require that all Department 
     contracting and grant officials consult the System for Award 
     Management (or successor system) as maintained by the General 
     Services Administration prior to awarding a contract or grant 
     or entering into other transactions to ascertain whether the 
     selected contractor is excluded from receiving Federal 
     contracts, certain subcontracts, and certain types of Federal 
     financial and non-financial assistance and benefits.''.

     SEC. 6102. DEPARTMENT COORDINATION.

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 708. DEPARTMENT COORDINATION.

       ``(a) Definitions.--In this section--
       ``(1) the term `joint duty training program' means the 
     training program established under subsection (e)(9)(A);
       ``(2) the term `joint requirement' means a condition or 
     capability of a Joint Task Force, or of multiple operating 
     components of the Department, that is required to be met or 
     possessed by a system, product, service, result, or component 
     to satisfy a contract, standard, specification, or other 
     formally imposed document;
       ``(3) the term `Joint Task Force' means a Joint Task Force 
     established under subsection (e) when the scope, complexity, 
     or other factors of the crisis or issue require capabilities 
     of 2 or more components of the Department operating under the 
     guidance of a single Director; and
       ``(4) the term `situational awareness' means knowledge and 
     unified understanding of unlawful cross-border activity, 
     including--
       ``(A) threats and trends concerning illicit trafficking and 
     unlawful crossings;
       ``(B) the ability to forecast future shifts in such threats 
     and trends;
       ``(C) the ability to evaluate such threats and trends at a 
     level sufficient to create actionable plans; and
       ``(D) the operational capability to conduct continuous and 
     integrated surveillance of the air, land, and maritime 
     borders of the United States.
       ``(b) Department Leadership Councils.--
       ``(1) Establishment.--The Secretary may establish such 
     Department leadership councils as the Secretary determines 
     necessary to ensure coordination among leadership in the 
     Department.
       ``(2) Function.--Department leadership councils shall--
       ``(A) serve as coordinating forums;
       ``(B) advise the Secretary and Deputy Secretary on 
     Department strategy, operations, and guidance; and
       ``(C) consider and report on such other matters as the 
     Secretary or Deputy Secretary may direct.
       ``(3) Chairperson; membership.--
       ``(A) Chairperson.--The Secretary or a designee may serve 
     as chairperson of a Department leadership council.
       ``(B) Membership.--The Secretary shall determine the 
     membership of a Department leadership council.
       ``(4) Relationship to other forums.--The Secretary or 
     Deputy Secretary may delegate the authority to direct the 
     implementation of any decision or guidance resulting from the 
     action of a Department leadership council to any office, 
     component, coordinator, or other senior official of the 
     Department.
       ``(c) Joint Requirements Council.--
       ``(1) Establishment.--There is established within the 
     Department a Joint Requirements Council.
       ``(2) Mission.--In addition to other matters assigned to it 
     by the Secretary and Deputy Secretary, the Joint Requirements 
     Council shall--
       ``(A) identify, assess, and validate joint requirements 
     (including existing systems and associated capability gaps) 
     to meet mission needs of the Department;
       ``(B) ensure that appropriate efficiencies are made among 
     life-cycle cost, schedule,

[[Page S3360]]

     and performance objectives, and procurement quantity 
     objectives, in the establishment and approval of joint 
     requirements; and
       ``(C) make prioritized capability recommendations for the 
     joint requirements approved under subparagraph (A) to the 
     Secretary, the Deputy Secretary, or the chairperson of a 
     Department leadership council designated by the Secretary to 
     review decisions of the Joint Requirements Council.
       ``(3) Chair.--The Secretary shall appoint a chairperson of 
     the Joint Requirements Council, for a term of not more than 2 
     years, from among senior officials from components of the 
     Department or other senior officials as designated by the 
     Secretary.
       ``(4) Composition.--The Joint Requirements Council shall be 
     composed of senior officials representing components of the 
     Department and other senior officials as designated by the 
     Secretary.
       ``(5) Relationship to future years homeland security 
     program.--The Secretary shall ensure that the Future Years 
     Homeland Security Program required under section 874 is 
     consistent with the recommendations of the Joint Requirements 
     Council under paragraph (2)(C) of this subsection, as 
     affirmed by the Secretary, the Deputy Secretary, or the 
     chairperson of a Department leadership council designated by 
     the Secretary under that paragraph.
       ``(d) Joint Operational Plans.--
       ``(1) Planning and guidance.--The Secretary may direct the 
     development of Joint Operational Plans for the Department and 
     issue planning guidance for such development.
       ``(2) Coordination.--The Secretary shall ensure 
     coordination between requirements derived from Joint 
     Operational Plans and the Future Years Homeland Security 
     Program required under section 874.
       ``(3) Limitation.--Nothing in this subsection shall be 
     construed to affect the national emergency management 
     authorities and responsibilities of the Administrator of the 
     Federal Emergency Management Agency under title V.
       ``(e) Joint Task Forces.--
       ``(1) Establishment.--The Secretary may establish and 
     operate Departmental Joint Task Forces to conduct joint 
     operations using personnel and capabilities of the 
     Department.
       ``(2) Joint task force directors.--
       ``(A) Director.--Each Joint Task Force shall be headed by a 
     Director appointed by the Secretary for a term of not more 
     than 2 years, who shall be a senior official of the 
     Department.
       ``(B) Extension.--The Secretary may extend the appointment 
     of a Director of a Joint Task Force for not more than 2 years 
     if the Secretary determines that such an extension is in the 
     best interest of the Department.
       ``(3) Joint task force deputy directors.--For each Joint 
     Task Force, the Secretary shall appoint a Deputy Director who 
     shall be an official of a different component or office than 
     the Director of the Joint Task Force.
       ``(4) Responsibilities.--The Director of a Joint Task 
     Force, subject to the oversight, direction, and guidance of 
     the Secretary, shall--
       ``(A) maintain situational awareness within the areas of 
     responsibility of the Joint Task Force, as determined by the 
     Secretary;
       ``(B) provide operational plans and requirements for 
     standard operating procedures and contingency operations;
       ``(C) plan and execute joint task force activities within 
     the areas of responsibility of the Joint Task Force, as 
     determined by the Secretary;
       ``(D) set and accomplish strategic objectives through 
     integrated operational planning and execution;
       ``(E) exercise operational direction over personnel and 
     equipment from components and offices of the Department 
     allocated to the Joint Task Force to accomplish the 
     objectives of the Joint Task Force;
       ``(F) establish operational and investigative priorities 
     within the operating areas of the Joint Task Force;
       ``(G) coordinate with foreign governments and other 
     Federal, State, and local agencies, as appropriate, to carry 
     out the mission of the Joint Task Force; and
       ``(H) carry out other duties and powers the Secretary 
     determines appropriate.
       ``(5) Personnel and resources.--
       ``(A) In general.--The Secretary may, upon request of the 
     Director of a Joint Task Force, and giving appropriate 
     consideration of risk to the other primary missions of the 
     Department, allocate on a temporary basis personnel and 
     equipment of components and offices of the Department to a 
     Joint Task Force.
       ``(B) Cost neutrality.--A Joint Task Force may not require 
     more personnel, equipment, or resources than would be 
     required by components of the Department in the absence of 
     the Joint Task Force.
       ``(C) Location of operations.--In establishing a location 
     of operations for a Joint Task Force, the Secretary shall, to 
     the extent practicable, use existing facilities that 
     integrate efforts of components of the Department and State, 
     local, tribal, or territorial law enforcement or military 
     entities.
       ``(D) Report.--The Secretary shall, at the time the budget 
     of the President is submitted to Congress for a fiscal year 
     under section 1105(a) of title 31, United States Code, submit 
     to the congressional homeland security committees a report on 
     the total funding, personnel, and other resources that each 
     component of the Department allocated to each Joint Task 
     Force to carry out the mission of the Joint Task Force during 
     the fiscal year immediately preceding the report.
       ``(6) Component resource authority.--As directed by the 
     Secretary--
       ``(A) each Director of a Joint Task Force shall be provided 
     sufficient resources from relevant components and offices of 
     the Department and the authority necessary to carry out the 
     missions and responsibilities required under this section;
       ``(B) the resources referred to in subparagraph (A) shall 
     be under the operational authority, direction, and control of 
     the Director of the Joint Task Force to which the resources 
     are assigned; and
       ``(C) the personnel and equipment of each Joint Task Force 
     shall remain under the administrative direction of the 
     executive agent for the Joint Task Force.
       ``(7) Joint task force staff.--Each Joint Task Force shall 
     have a staff, composed of officials from relevant components, 
     to assist the Director in carrying out the mission and 
     responsibilities of the Joint Task Force.
       ``(8) Establishment of performance metrics.--The Secretary 
     shall--
       ``(A) establish outcome-based and other appropriate 
     performance metrics to evaluate the effectiveness of each 
     Joint Task Force;
       ``(B) not later than 120 days after the date of enactment 
     of this section, submit the metrics established under 
     subparagraph (A) to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives; and
       ``(C) not later than January 31 of each year beginning in 
     2017, submit to each committee described in subparagraph (B) 
     a report that contains the evaluation described in 
     subparagraph (A).
       ``(9) Joint duty training program.--
       ``(A) In general.--The Secretary shall--
       ``(i) establish a joint duty training program in the 
     Department for the purposes of--

       ``(I) enhancing coordination within the Department; and
       ``(II) promoting workforce professional development; and

       ``(ii) tailor the joint duty training program to improve 
     joint operations as part of the Joint Task Forces.
       ``(B) Elements.--The joint duty training program 
     established under subparagraph (A) shall address, at a 
     minimum, the following topics:
       ``(i) National security strategy.
       ``(ii) Strategic and contingency planning.
       ``(iii) Command and control of operations under joint 
     command.
       ``(iv) International engagement.
       ``(v) The homeland security enterprise.
       ``(vi) Interagency collaboration.
       ``(vii) Leadership.
       ``(viii) Specific subject matter relevant to the Joint Task 
     Force to which the joint duty training program is assigned.
       ``(C) Training required.--
       ``(i) Directors and deputy directors.--Except as provided 
     in clauses (iii) and (iv), an individual shall complete the 
     joint duty training program before being appointed Director 
     or Deputy Director of a Joint Task Force.
       ``(ii) Joint task force staff.--Each official serving on 
     the staff of a Joint Task Force shall complete the joint duty 
     training program within the first year of assignment to the 
     Joint Task Force.
       ``(iii) Exception.--Clause (i) shall not apply to the first 
     Director or Deputy Director appointed to a Joint Task Force 
     on or after the date of enactment of this section.
       ``(iv) Waiver.--The Secretary may waive clause (i) if the 
     Secretary determines that such a waiver is in the interest of 
     homeland security.
       ``(10) Establishing joint task forces.--Subject to 
     paragraph (13), the Secretary may establish Joint Task Forces 
     for the purposes of--
       ``(A) coordinating and directing operations along the land 
     and maritime borders of the United States;
       ``(B) cybersecurity; and
       ``(C) preventing, preparing for, and responding to other 
     homeland security matters, as determined by the Secretary.
       ``(11) Notification of joint task force formation.--
       ``(A) In general.--Not later than 90 days before 
     establishing a Joint Task Force under this subsection, the 
     Secretary shall submit a notification to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives.
       ``(B) Waiver authority.--The Secretary may waive the 
     requirement under subparagraph (A) in the event of an 
     emergency circumstance that imminently threatens the 
     protection of human life or the protection of property.
       ``(12) Review.--
       ``(A) In general.--The Inspector General of the Department 
     shall conduct a review of the Joint Task Forces established 
     under this subsection.
       ``(B) Contents.--The review required under subparagraph (A) 
     shall include--
       ``(i) an assessment of the effectiveness of the structure 
     of each Joint Task Force; and
       ``(ii) recommendations for enhancements to that structure 
     to strengthen the effectiveness of the Joint Task Force.

[[Page S3361]]

       ``(C) Submission.--The Inspector General of the Department 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives--
       ``(i) an initial report that contains the evaluation 
     described in subparagraph (A) by not later than January 31, 
     2018; and
       ``(ii) a second report that contains the evaluation 
     described in subparagraph (A) by not later than January 31, 
     2021.
       ``(13) Limitation on joint task forces.--
       ``(A) In general.--The Secretary may not establish a Joint 
     Task Force for any major disaster or emergency declared under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) or an incident for 
     which the Federal Emergency Management Agency has primary 
     responsibility for management of the response under title V 
     of this Act, including section 504(a)(3)(A), unless the 
     responsibilities of the Joint Task Force--
       ``(i) do not include operational functions related to 
     incident management, including coordination of operations; 
     and
       ``(ii) are consistent with the requirements of paragraphs 
     (3) and (4)(A) of section 503(c) and section 509(c) of this 
     Act and section 302 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5143).
       ``(B) Responsibilities and functions not reduced.--Nothing 
     in this section shall be construed to reduce the 
     responsibilities or functions of the Federal Emergency 
     Management Agency or the Administrator thereof under title V 
     of this Act and any other provision of law, including the 
     diversion of any asset, function, or mission from the Federal 
     Emergency Management Agency or the Administrator thereof 
     pursuant to section 506.
       ``(f) Joint Duty Assignment Program.--The Secretary may 
     establish a joint duty assignment program within the 
     Department for the purposes of enhancing coordination in the 
     Department and promoting workforce professional 
     development.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 707 the following:

``Sec. 708. Department coordination.''.

     SEC. 6103. NATIONAL OPERATIONS CENTER.

       Section 515 of the Homeland Security Act of 2002 (6 U.S.C. 
     321d) is amended--
       (1) in subsection (a)--
       (A) by striking ``emergency managers and decision makers'' 
     and inserting ``emergency managers, decision makers, and 
     other appropriate officials''; and
       (B) by inserting ``and steady-state activity'' before the 
     period at the end;
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``and tribal governments'' and inserting 
     ``tribal, and territorial governments, the private sector, 
     and international partners''; and
       (ii) by striking ``in the event of'' and inserting ``for 
     events, threats, and incidents involving'';
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) enter into agreements with other Federal operations 
     centers and other homeland security partners, as appropriate, 
     to facilitate the sharing of information.'';
       (3) by redesignating subsection (c) as subsection (d); and
       (4) by inserting after subsection (b) the following:
       ``(c) Reporting Requirements.--Each Federal agency shall 
     provide the National Operations Center with timely 
     information--
       ``(1) relating to events, threats, and incidents involving 
     a natural disaster, act of terrorism, or other man-made 
     disaster;
       ``(2) concerning the status and potential vulnerability of 
     the critical infrastructure and key resources of the United 
     States;
       ``(3) relevant to the mission of the Department of Homeland 
     Security; or
       ``(4) as may be requested by the Secretary under section 
     202.''; and
       (5) in subsection (d), as so redesignated--
       (A) in the subsection heading, by striking ``Fire Service'' 
     and inserting ``Emergency Responder'';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) Establishment of positions.--The Secretary shall 
     establish a position, on a rotating basis, for a 
     representative of State and local emergency responders at the 
     National Operations Center established under subsection (b) 
     to ensure the effective sharing of information between the 
     Federal Government and State and local emergency response 
     services.'';
       (C) by striking paragraph (2); and
       (D) by redesignating paragraph (3) as paragraph (2).

     SEC. 6104. HOMELAND SECURITY ADVISORY COUNCIL.

       (a) In General.--Section 102(b) of the Homeland Security 
     Act of 2002 (6 U.S.C. 112(b)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) shall establish a Homeland Security Advisory Council 
     to provide advice and recommendations on homeland security 
     and homeland security-related matters.''.

     SEC. 6105. STRATEGY, POLICY, AND PLANS.

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.), as amended by this Act, is 
     amended by adding at the end the following:

     ``SEC. 709. OFFICE OF STRATEGY, POLICY, AND PLANS.

       ``(a) In General.--There is established in the Department 
     an Office of Strategy, Policy, and Plans.
       ``(b) Head of Office.--The Office of Strategy, Policy, and 
     Plans shall be headed by an Under Secretary for Strategy, 
     Policy, and Plans, who shall serve as the principal policy 
     advisor to the Secretary and be appointed by the President, 
     by and with the advice and consent of the Senate.
       ``(c) Functions.--The Office of Strategy, Policy, and Plans 
     shall--
       ``(1) lead, conduct, and coordinate Department-wide policy 
     development and implementation and strategic planning;
       ``(2) develop and coordinate policies to promote and ensure 
     quality, consistency, and integration for the programs, 
     offices, and activities across the Department;
       ``(3) develop and coordinate strategic plans and long-term 
     goals of the Department with risk-based analysis and planning 
     to improve operational mission effectiveness, including 
     leading and conducting the quadrennial homeland security 
     review under section 707;
       ``(4) manage Department leadership councils and provide 
     analytics and support to such councils;
       ``(5) manage international coordination and engagement for 
     the Department;
       ``(6) review and incorporate, as appropriate, external 
     stakeholder feedback into Department policy; and
       ``(7) carry out such other responsibilities as the 
     Secretary determines appropriate.
       ``(d) Coordination by Department Components.--To ensure 
     consistency with the policy priorities of the Department, the 
     head of each component of the Department shall coordinate 
     with the Office of Strategy, Policy, and Plans in 
     establishing or modifying policies or strategic planning 
     guidance.
       ``(e) Homeland Security Statistics and Joint Analysis.--
       ``(1) Homeland security statistics.--The Under Secretary 
     for Strategy, Policy, and Plans shall--
       ``(A) establish standards of reliability and validity for 
     statistical data collected and analyzed by the Department;
       ``(B) be provided with statistical data maintained by the 
     Department regarding the operations of the Department;
       ``(C) conduct or oversee analysis and reporting of such 
     data by the Department as required by law or directed by the 
     Secretary; and
       ``(D) ensure the accuracy of metrics and statistical data 
     provided to Congress.
       ``(2) Transfer of responsibilities.--There shall be 
     transferred to the Under Secretary for Strategy, Policy, and 
     Plans the maintenance of all immigration statistical 
     information of U.S. Customs and Border Protection and U.S. 
     Citizenship and Immigration Services, which shall include 
     information and statistics of the type contained in the 
     publication entitled `Yearbook of Immigration Statistics' 
     prepared by the Office of Immigration Statistics, including 
     region-by-region statistics on the aggregate number of 
     applications and petitions filed by an alien (or filed on 
     behalf of an alien) and denied, and the reasons for such 
     denials, disaggregated by category of denial and application 
     or petition type.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by this Act, 
     is amended by inserting after the item relating to section 
     708 the following:

``Sec. 709. Office of Strategy, Policy, and Plans.''.

     SEC. 6106. AUTHORIZATION OF THE OFFICE FOR PARTNERSHIPS 
                   AGAINST VIOLENT EXTREMISM OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (1) by inserting after section 801 the following:

     ``SEC. 802. OFFICE FOR PARTNERSHIPS AGAINST VIOLENT 
                   EXTREMISM.

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Emergency Management Agency.
       ``(2) Assistant secretary.--The term `Assistant Secretary' 
     means the Assistant Secretary for Partnerships Against 
     Violent Extremism designated under subsection (c).
       ``(3) Countering violent extremism.--The term `countering 
     violent extremism' means proactive and relevant actions to 
     counter recruitment, radicalization, and mobilization to 
     violence and to address the immediate factors that lead to 
     violent extremism and radicalization.
       ``(4) Domestic terrorism; international terrorism.--The 
     terms `domestic terrorism' and `international terrorism' have 
     the meanings given those terms in section 2331 of title 18, 
     United States Code.
       ``(5) Radicalization.--The term `radicalization' means the 
     process by which an individual chooses to facilitate or 
     commit domestic terrorism or international terrorism.
       ``(6) Violent extremism.--The term `violent extremism' 
     means international or domestic terrorism.
       ``(b) Establishment.--There is in the Department an Office 
     for Partnerships Against Violent Extremism.

[[Page S3362]]

       ``(c) Head of Office.--The Office for Partnerships Against 
     Violent Extremism shall be headed by an Assistant Secretary 
     for Partnerships Against Violent Extremism, who shall be 
     designated by the Secretary and report directly to the 
     Secretary.
       ``(d) Deputy Assistant Secretary; Assignment of 
     Personnel.--The Secretary shall--
       ``(1) designate a career Deputy Assistant Secretary for 
     Partnerships Against Violent Extremism; and
       ``(2) assign or hire, as appropriate, permanent staff to 
     the Office for Partnerships Against Violent Extremism.
       ``(e) Responsibilities.--
       ``(1) In general.--The Assistant Secretary shall be 
     responsible for the following:
       ``(A) Leading the efforts of the Department to counter 
     violent extremism across all the components and offices of 
     the Department that conduct strategic and supportive efforts 
     to counter violent extremism. Such efforts shall include the 
     following:
       ``(i) Partnering with communities to address 
     vulnerabilities that can be exploited by violent extremists 
     in the United States and explore potential remedies for 
     Government and non-government institutions.
       ``(ii) Working with civil society groups and communities to 
     counter violent extremist propaganda, messaging, or 
     recruitment.
       ``(iii) In coordination with the Office for Civil Rights 
     and Civil Liberties of the Department, managing the outreach 
     and engagement efforts of the Department directed toward 
     communities at risk for radicalization and recruitment for 
     violent extremist activities.
       ``(iv) Ensuring relevant information, research, and 
     products inform efforts to counter violent extremism.
       ``(v) Developing and maintaining Department-wide strategy, 
     plans, policies, and programs to counter violent extremism. 
     Such plans shall, at a minimum, address each of the 
     following:

       ``(I) The Department's plan to leverage new and existing 
     Internet and other technologies and social media platforms to 
     improve non-government efforts to counter violent extremism, 
     as well as the best practices and lessons learned from other 
     Federal, State, local, tribal, territorial, and foreign 
     partners engaged in similar counter-messaging efforts.
       ``(II) The Department's countering violent extremism-
     related engagement efforts.
       ``(III) The use of cooperative agreements with State, 
     local, tribal, territorial, and other Federal departments and 
     agencies responsible for efforts relating to countering 
     violent extremism.

       ``(vi) Coordinating with the Office for Civil Rights and 
     Civil Liberties of the Department to ensure all of the 
     activities of the Department related to countering violent 
     extremism fully respect the privacy, civil rights, and civil 
     liberties of all persons.
       ``(vii) In coordination with the Under Secretary for 
     Science and Technology and in consultation with the Under 
     Secretary for Intelligence and Analysis, identifying and 
     recommending new empirical research and analysis requirements 
     to ensure the dissemination of information and methods for 
     Federal, State, local, tribal, and territorial countering 
     violent extremism practitioners, officials, law enforcement 
     personnel, and non-governmental partners to utilize such 
     research and analysis.
       ``(viii) Assessing the methods used by violent extremists 
     to disseminate propaganda and messaging to communities at 
     risk for recruitment by violent extremists.
       ``(B) Developing a digital engagement strategy that expands 
     the outreach efforts of the Department to counter violent 
     extremist messaging by--
       ``(i) exploring ways to utilize relevant Internet and other 
     technologies and social media platforms; and
       ``(ii) maximizing other resources available to the 
     Department.
       ``(C) Serving as the primary representative of the 
     Department in coordinating countering violent extremism 
     efforts with other Federal departments and agencies and non-
     governmental organizations.
       ``(D) Serving as the primary Department-level 
     representative in coordinating with the Department of State 
     on international countering violent extremism issues.
       ``(E) In coordination with the Administrator, providing 
     guidance regarding the use of grants made to State, local, 
     and tribal governments under sections 2003 and 2004 under the 
     allowable uses guidelines related to countering violent 
     extremism.
       ``(F) Developing a plan to expand philanthropic support for 
     domestic efforts related to countering violent extremism, 
     including by identifying viable community projects and needs 
     for possible philanthropic support.
       ``(2) Communities at risk.--For purposes of this 
     subsection, the term `communities at risk' shall not include 
     a community that is determined to be at risk solely on the 
     basis of race, religious affiliation, or ethnicity.
       ``(f) Strategy to Counter Violent Extremism in the United 
     States.--
       ``(1) Strategy.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on the Judiciary of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on the Judiciary of the 
     House of Representatives a comprehensive Department strategy 
     to counter violent extremism in the United States.
       ``(2) Contents of strategy.--The strategy required under 
     paragraph (1) shall, at a minimum, address each of the 
     following:
       ``(A) The Department's digital engagement effort, including 
     a plan to leverage new and existing Internet, digital, and 
     other technologies and social media platforms to counter 
     violent extremism, as well as the best practices and lessons 
     learned from other Federal, State, local, tribal, 
     territorial, nongovernmental, and foreign partners engaged in 
     similar counter-messaging activities.
       ``(B) The Department's countering violent extremism-related 
     engagement and outreach activities.
       ``(C) The use of cooperative agreements with State, local, 
     tribal, territorial, and other Federal departments and 
     agencies responsible for activities relating to countering 
     violent extremism.
       ``(D) Ensuring all activities related to countering violent 
     extremism adhere to relevant Department and applicable 
     Department of Justice guidance regarding privacy, civil 
     rights, and civil liberties, including safeguards against 
     discrimination.
       ``(E) The development of qualitative and quantitative 
     outcome-based metrics to evaluate the Department's programs 
     and policies to counter violent extremism.
       ``(F) An analysis of the homeland security risk posed by 
     violent extremism based on the threat environment and 
     empirical data assessing terrorist activities and incidents, 
     and violent extremist propaganda, messaging, or recruitment.
       ``(G) Information on the Department's near-term, mid-term, 
     and long-term risk-based goals for countering violent 
     extremism, reflecting the risk analysis conducted under 
     subparagraph (F).
       ``(3) Strategic considerations.--In drafting the strategy 
     required under paragraph (1), the Secretary shall consider 
     including the following:
       ``(A) Departmental efforts to undertake research to improve 
     the Department's understanding of the risk of violent 
     extremism and to identify ways to improve countering violent 
     extremism activities and programs, including outreach, 
     training, and information sharing programs.
       ``(B) The Department's nondiscrimination policies as they 
     relate to countering violent extremism.
       ``(C) Departmental efforts to help promote community 
     engagement and partnerships to counter violent extremism in 
     furtherance of the strategy.
       ``(D) Departmental efforts to help increase support for 
     programs and initiatives to counter violent extremism of 
     other Federal, State, local, tribal, territorial, 
     nongovernmental, and foreign partners that are in furtherance 
     of the strategy, and which adhere to all relevant 
     constitutional, legal, and privacy protections.
       ``(E) Departmental efforts to disseminate to local law 
     enforcement agencies and the general public information on 
     resources, such as training guidance, workshop reports, and 
     the violent extremist threat, through multiple platforms, 
     including the development of a dedicated webpage, and 
     information regarding the effectiveness of those efforts.
       ``(F) Departmental efforts to use cooperative agreements 
     with State, local, tribal, territorial, and other Federal 
     departments and agencies responsible for efforts relating to 
     countering violent extremism, and information regarding the 
     effectiveness of those efforts.
       ``(G) Information on oversight mechanisms and protections 
     to ensure that activities and programs undertaken pursuant to 
     the strategy adhere to all relevant constitutional, legal, 
     and privacy protections.
       ``(H) Departmental efforts to conduct oversight of all 
     countering violent extremism training and training materials 
     and other resources developed or funded by the Department.
       ``(I) Departmental efforts to foster transparency by 
     making, to the extent practicable, all regulations, guidance, 
     documents, policies, and training materials publicly 
     available, including through any webpage developed under 
     subparagraph (E).
       ``(4) Strategic implementation plan.--
       ``(A) In general.--Not later than 90 days after the date on 
     which the Secretary submits the strategy required under 
     paragraph (1), the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on the Judiciary of the Senate, the Committee on 
     Homeland Security of the House of Representatives, and the 
     Committee on the Judiciary of the House of Representatives an 
     implementation plan for each of the components and offices of 
     the Department with responsibilities under the strategy.
       ``(B) Contents.--The implementation plan required under 
     subparagraph (A) shall include an integrated master schedule 
     and cost estimate for activities and programs contained in 
     the implementation plan, with specificity on how each such 
     activity and program aligns with near-term, mid-term, and 
     long-term goals specified in the strategy required under 
     paragraph (1).
       ``(g) Annual Report.--Not later than April 1, 2017, and 
     annually thereafter, the Assistant Secretary shall submit to 
     Congress an annual report on the Office for Partnerships 
     Against Violent Extremism, which shall include the following:

[[Page S3363]]

       ``(1) A description of the status of the programs and 
     policies of the Department for countering violent extremism 
     in the United States.
       ``(2) A description of the efforts of the Office for 
     Partnerships Against Violent Extremism to cooperate with and 
     provide assistance to other Federal departments and agencies.
       ``(3) Qualitative and quantitative metrics for evaluating 
     the success of such programs and policies and the steps taken 
     to evaluate the success of such programs and policies.
       ``(4) An accounting of--
       ``(A) grants and cooperative agreements awarded by the 
     Department to counter violent extremism; and
       ``(B) all training specifically aimed at countering violent 
     extremism sponsored by the Department.
       ``(5) An analysis of how the Department's activities to 
     counter violent extremism correspond and adapt to the threat 
     environment.
       ``(6) A summary of how civil rights and civil liberties are 
     protected in the Department's activities to counter violent 
     extremism.
       ``(7) An evaluation of the use of section 2003 and section 
     2004 grants and cooperative agreements awarded to support 
     efforts of local communities in the United States to counter 
     violent extremism, including information on the effectiveness 
     of such grants and cooperative agreements in countering 
     violent extremism.
       ``(8) A description of how the Office for Partnerships 
     Against Violent Extremism incorporated lessons learned from 
     the countering violent extremism programs and policies of 
     foreign, State, local, tribal, and territorial governments 
     and stakeholder communities.
       ``(h) Annual Review.--Not later than 1 year after the date 
     of enactment of this section, and every year thereafter, the 
     Office for Civil Rights and Civil Liberties of the Department 
     shall--
       ``(1) conduct a review of the Office for Partnerships 
     Against Violent Extremism activities to ensure that all of 
     the activities of the Office related to countering violent 
     extremism respect the privacy, civil rights, and civil 
     liberties of all persons; and
       ``(2) make publicly available on the website of the 
     Department a report containing the results of the review 
     conducted under paragraph (1).''; and
       (2) in section 2008(b)(1)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) to support any organization or group which has 
     knowingly or recklessly funded domestic terrorism or 
     international terrorism (as those terms are defined in 
     section 2331 of title 18, United States Code) or organization 
     or group known to engage in or recruit to such activities, as 
     determined by the Assistant Secretary for Partnerships 
     Against Violent Extremism in consultation with the 
     Administrator and the heads of other appropriate Federal 
     departments and agencies.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by this Act, 
     is amended by inserting after the item relating to section 
     801 the following:

``Sec. 802. Office for Partnerships Against Violent Extremism.''.

       (c) Sunset.--Effective on the date that is 7 years after 
     the date of enactment of this Act--
       (1) section 802 of the Homeland Security Act of 2002, as 
     added by subsection (a), is repealed; and
       (2) the table of contents in section 1(b) of the Homeland 
     Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is 
     amended by striking the item relating to section 802.

   TITLE LXXII--DEPARTMENT ACCOUNTABILITY, EFFICIENCY, AND WORKFORCE 
                                REFORMS

     SEC. 6201. DUPLICATION REVIEW.

       (a) In General.--The Secretary shall--
       (1) not later than 1 year after the date of enactment of 
     this Act, complete a review of the international affairs 
     offices, functions, and responsibilities of the Department to 
     identify and eliminate areas of unnecessary duplication; and
       (2) not later than 30 days after the date on which the 
     Secretary completes the review under paragraph (1), provide 
     the results of the review to the congressional homeland 
     security committees.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     congressional homeland security committees an action plan, 
     including corrective steps and an estimated date of 
     completion, to address areas of duplication, fragmentation, 
     and overlap and opportunities for cost savings and revenue 
     enhancement, as identified by the Government Accountability 
     Office based on the annual report of the Government 
     Accountability Office entitled ``Additional Opportunities to 
     Reduce Fragmentation, Overlap, and Duplication and Achieve 
     Other Financial Benefits''.
       (c) Exclusion.--This section shall not apply to 
     international activities related to the protective mission of 
     the United States Secret Service, or to the Coast Guard when 
     operating under the direct authority of the Secretary of 
     Defense or the Secretary of the Navy.

     SEC. 6202. INFORMATION TECHNOLOGY STRATEGIC PLAN.

       (a) In General.--Section 703 of the Homeland Security Act 
     of 2002 (6 U.S.C. 343) is amended by adding at the end the 
     following:
       ``(c) Strategic Plans.--Consistent with the timing set 
     forth in section 306(a) of title 5, United States Code, and 
     the requirements under section 3506 of title 44, United 
     States Code, the Chief Information Officer shall develop, 
     make public, and submit to the congressional homeland 
     security committees an information technology strategic plan, 
     which shall include how--
       ``(1) information technology will be leveraged to meet the 
     priority goals and strategic objectives of the Department;
       ``(2) the budget of the Department aligns with priorities 
     specified in the information technology strategic plan;
       ``(3) unnecessary duplicative, legacy, and outdated 
     information technology within and across the Department will 
     be identified and eliminated, and an estimated date for the 
     identification and elimination of duplicative information 
     technology within and across the Department;
       ``(4) the Chief Information Officer will coordinate with 
     components of the Department to ensure that information 
     technology policies are effectively and efficiently 
     implemented across the Department;
       ``(5) a list of information technology projects, including 
     completion dates, will be made available to the public and 
     Congress;
       ``(6) the Chief Information Officer will inform Congress of 
     high risk projects and cybersecurity risks; and
       ``(7) the Chief Information Officer plans to maximize the 
     use and purchase of commercial off-the-shelf information 
     technology products and services.''.

     SEC. 6203. SOFTWARE LICENSING.

       (a) In General.--Section 703 of the Homeland Security Act 
     of 2002 (6 U.S.C. 343), as amended by section 6202 of this 
     Act, is amended by adding at the end the following:
       ``(d) Software Licensing.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, and every 2 years 
     thereafter, the Chief Information Officer, in consultation 
     with Chief Information Officers of components of the 
     Department, shall--
       ``(A) conduct a Department-wide inventory of all existing 
     software licenses held by the Department, including utilized 
     and unutilized licenses;
       ``(B) assess the needs of the Department for software 
     licenses for the subsequent 2 fiscal years;
       ``(C) assess the actions that could be carried out by the 
     Department to achieve the greatest possible economies of 
     scale and cost savings in the procurement of software 
     licenses;
       ``(D) determine how the use of technological advancements 
     will impact the needs for software licenses for the 
     subsequent 2 fiscal years;
       ``(E) establish plans and estimated costs for eliminating 
     unutilized software licenses for the subsequent 2 fiscal 
     years; and
       ``(F) consult with the Federal Chief Information Officer to 
     identify best practices in the Federal government for 
     purchasing and maintaining software licenses.
       ``(2) Excess software licensing.--
       ``(A) Plan to reduce software licenses.--If the Chief 
     Information Officer determines through the inventory 
     conducted under paragraph (1)(A) that the number of software 
     licenses held by the Department exceed the needs of the 
     Department as assessed under paragraph (1)(B), the Secretary, 
     not later than 90 days after the date on which the inventory 
     is completed, shall establish a plan for bringing the number 
     of such software licenses into balance with such needs of the 
     Department.
       ``(B) Prohibition on procurement of excess software 
     licenses.--
       ``(i) In general.--Except as provided in clause (ii), upon 
     completion of a plan established under paragraph (1)(A), no 
     additional budgetary resources may be obligated for the 
     procurement of additional software licenses of the same types 
     until such time as the needs of the Department equals or 
     exceeds the number of used and unused licenses held by the 
     Department.
       ``(ii) Exception.--The Chief Information Officer may 
     authorize the purchase of additional licenses and amend the 
     number of needed licenses as necessary.
       ``(3) Submission to congress.--The Chief Information 
     Officer shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a copy of 
     each inventory conducted under paragraph (1)(A), each plan 
     established under paragraph (2)(A), and each exception 
     exercised under paragraph (2)(B)(ii).''.
       (b) GAO Review.--Not later than 1 year after the date on 
     which the results of the first inventory are submitted to 
     Congress under subsection 703(d) of the Homeland Security Act 
     of 2002, as added by subsection (a), the Comptroller General 
     of the United States shall assess whether the Department 
     complied with the requirements under paragraphs (1) and 
     (2)(A) of such section 703(d) and provide the results of the 
     review to the congressional homeland security committees.

[[Page S3364]]

  


     SEC. 6204. WORKFORCE STRATEGY.

       Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 
     343) is amended to read as follows:

     ``SEC. 704. CHIEF HUMAN CAPITAL OFFICER.

       ``(a) In General.--There is a Chief Human Capital Officer 
     of the Department, who shall report directly to the Under 
     Secretary for Management.
       ``(b) Responsibilities.--In addition to the 
     responsibilities set forth in chapter 14 of title 5, United 
     States Code, and other applicable law, the Chief Human 
     Capital Officer shall--
       ``(1) develop and implement strategic workforce planning 
     policies that are consistent with Government-wide leading 
     principles and in line with Department strategic human 
     capital goals and priorities;
       ``(2) develop performance measures to provide a basis for 
     monitoring and evaluating Department-wide strategic workforce 
     planning efforts;
       ``(3) develop, improve, and implement policies, including 
     compensation flexibilities available to Federal agencies 
     where appropriate, to recruit, hire, train, and retain the 
     workforce of the Department, in coordination with all 
     components of the Department;
       ``(4) identify methods for managing and overseeing human 
     capital programs and initiatives, in coordination with the 
     head of each component of the Department;
       ``(5) develop a career path framework and create 
     opportunities for leader development in coordination with all 
     components of the Department;
       ``(6) lead the efforts of the Department for managing 
     employee resources, including training and development 
     opportunities, in coordination with each component of the 
     Department;
       ``(7) work to ensure the Department is implementing human 
     capital programs and initiatives and effectively educating 
     each component of the Department about these programs and 
     initiatives;
       ``(8) identify and eliminate unnecessary and duplicative 
     human capital policies and guidance;
       ``(9) provide input concerning the hiring and performance 
     of the Chief Human Capital Officer or comparable official in 
     each component of the Department; and
       ``(10) ensure that all employees of the Department are 
     informed of their rights and remedies under chapters 12 and 
     23 of title 5, United States Code.
       ``(c) Component Strategies.--
       ``(1) In general.--Each component of the Department shall, 
     in coordination with the Chief Human Capital Officer of the 
     Department, develop a 5-year workforce strategy for the 
     component that will support the goals, objectives, and 
     performance measures of the Department for determining the 
     proper balance of Federal employees and private labor 
     resources.
       ``(2) Strategy requirements.--In developing the strategy 
     required under paragraph (1), each component shall consider 
     the effect on human resources associated with creating 
     additional Federal full-time equivalent positions, converting 
     private contractors to Federal employees, or relying on the 
     private sector for goods and services, including--
       ``(A) hiring projections, including occupation and grade 
     level, as well as corresponding salaries, benefits, and 
     hiring or retention bonuses;
       ``(B) the identification of critical skills requirements 
     over the 5-year period, any current or anticipated deficiency 
     in critical skills required at the Department, and the 
     training or other measures required to address those 
     deficiencies in skills;
       ``(C) recruitment of qualified candidates and retention of 
     qualified employees;
       ``(D) supervisory and management requirements;
       ``(E) travel and related personnel support costs;
       ``(F) the anticipated cost and impact on mission 
     performance associated with replacing Federal personnel due 
     to their retirement or other attrition; and
       ``(G) other appropriate factors.
       ``(d) Annual Submission.--Not later than 90 days after the 
     date on which the Secretary submits the annual budget 
     justification for the Department, the Secretary shall submit 
     to the congressional homeland security committees a report 
     that includes a table, delineated by component with actual 
     and enacted amounts, including--
       ``(1) information on the progress within the Department of 
     fulfilling the workforce strategies developed under 
     subsection (c); and
       ``(2) the number of on-board staffing for Federal employees 
     from the prior fiscal year;
       ``(3) the total contract hours submitted by each prime 
     contractor as part of the service contract inventory required 
     under section 743 of the Financial Services and General 
     Government Appropriations Act, 2010 (division C of Public Law 
     111-117; 31 U.S.C. 501 note) with respect to--
       ``(A) support service contracts;
       ``(B) federally funded research and development center 
     contracts; and
       ``(C) science, engineering, technical, and administrative 
     contracts; and
       ``(4) the number of full-time equivalent personnel 
     identified under the Intergovernmental Personnel Act of 1970 
     (42 U.S.C. 4701 et seq.).''.

     SEC. 6205. WHISTLEBLOWER PROTECTIONS.

       (a) In General.--Section 883 of the Homeland Security Act 
     of 2002 (6 U.S.C. 463) is amended to read as follows:

     ``SEC. 883. WHISTLEBLOWER PROTECTIONS.

       ``(a) Definitions.--In this section--
       ``(1) the term `new employee' means an individual--
       ``(A) appointed to a position as an employee of the 
     Department on or after the date of enactment of the DHS 
     Accountability Act of 2016; and
       ``(B) who has not previously served as an employee of the 
     Department;
       ``(2) the term `prohibited personnel action' means taking 
     or failing to take an action in violation of paragraph (8) or 
     (9) of section 2302(b) of title 5, Untied States Code, 
     against an employee of the Department;
       ``(3) the term `supervisor' means a supervisor, as defined 
     under section 7103(a) of title 5, United States Code, who is 
     employed by the Department; and
       ``(4) the term `whistleblower protections' means the 
     protections against and remedies for a prohibited personnel 
     practice described in paragraph (8) or subparagraph (A)(i), 
     (B), (C), or (D) of paragraph (9) of section 2302(b) of title 
     5, United States Code.
       ``(b) Adverse Actions.--
       ``(1) Proposed adverse actions.--In accordance with 
     paragraph (2), the Secretary shall propose against a 
     supervisor whom the Secretary, an administrative law judge, 
     the Merit Systems Protection Board, the Office of Special 
     Counsel, an adjudicating body provided under a union 
     contract, a Federal judge, or the Inspector General of the 
     Department determines committed a prohibited personnel action 
     the following adverse actions:
       ``(A) With respect to the first prohibited personnel 
     action, an adverse action that is not less than a 12-day 
     suspension.
       ``(B) With respect to the second prohibited personnel 
     action, removal.
       ``(2) Procedures.--
       ``(A) Notice.--A supervisor against whom an adverse action 
     under paragraph (1) is proposed is entitled to written 
     notice.
       ``(B) Answer and evidence.--
       ``(i) In general.--A supervisor who is notified under 
     subparagraph (A) that the supervisor is the subject of a 
     proposed adverse action under paragraph (1) is entitled to 14 
     days following such notification to answer and furnish 
     evidence in support of the answer.
       ``(ii) No evidence.--After the end of the 14-day period 
     described in clause (i), if a supervisor does not furnish 
     evidence as described in clause (i) or if the Secretary 
     determines that such evidence is not sufficient to reverse 
     the proposed adverse action, the Secretary shall carry out 
     the adverse action.
       ``(C) Scope of procedures.--Paragraphs (1) and (2) of 
     subsection (b) and subsection (c) of section 7513 of title 5, 
     United States Code, and paragraphs (1) and (2) of subsection 
     (b) and subsection (c) of section 7543 of title 5, United 
     States Code, shall not apply with respect to an adverse 
     action carried out under this subsection.
       ``(3) Limitation on other adverse actions.--With respect to 
     a prohibited personnel action, if the Secretary carries out 
     an adverse action against a supervisor under another 
     provision of law, the Secretary may carry out an additional 
     adverse action under this subsection based on the same 
     prohibited personnel action.
       ``(c) Training for Supervisors.--In consultation with the 
     Special Counsel and the Inspector General of the Department, 
     the Secretary shall provide training regarding how to respond 
     to complaints alleging a violation of whistleblower 
     protections available to employees of the Department--
       ``(1) to employees appointed to supervisory positions in 
     the Department who have not previously served as a 
     supervisor; and
       ``(2) on an annual basis, to all employees of the 
     Department serving in a supervisory position.
       ``(d) Information on Whistleblower Protections.--
       ``(1) Responsibilities of secretary.--The Secretary shall 
     be responsible for--
       ``(A) the prevention of prohibited personnel practices;
       ``(B) the compliance with and enforcement of applicable 
     civil service laws, rules, and regulations and other aspects 
     of personnel management; and
       ``(C) ensuring (in consultation with the Special Counsel 
     and the Inspector General of the Department) that employees 
     of the Department are informed of the rights and remedies 
     available to them under chapters 12 and 23 of title 5, United 
     States Code, including--
       ``(i) information regarding whistleblower protections 
     available to new employees during the probationary period;
       ``(ii) the role of the Office of Special Counsel and the 
     Merit Systems Protection Board with regard to whistleblower 
     protections; and
       ``(iii) how to make a lawful disclosure of information that 
     is specifically required by law or Executive order to be kept 
     classified in the interest of national defense or the conduct 
     of foreign affairs to the Special Counsel, the Inspector 
     General of the Department, Congress, or other Department 
     employee designated to receive such disclosures.
       ``(2) Timing.--The Secretary shall ensure that the 
     information required to be provided under paragraph (1) is 
     provided to each new employee of the Department not later 
     than 6 months after the date the new employee is appointed.
       ``(3) Information online.--The Secretary shall make 
     available information regarding whistleblower protections 
     applicable to employees of the Department on the public

[[Page S3365]]

     website of the Department, and on any online portal that is 
     made available only to employees of the Department.
       ``(4) Delegees.--Any employee to whom the Secretary 
     delegates authority for personnel management, or for any 
     aspect thereof, shall, within the limits of the scope of the 
     delegation, be responsible for the activities described in 
     paragraph (1).
       ``(e) Rules of Construction.--Nothing in this section shall 
     be construed to exempt the Department from requirements 
     applicable with respect to executive agencies--
       ``(1) to provide equal employment protection for employees 
     of the Department (including pursuant to section 2302(b)(1) 
     of title 5, United States Code, and the Notification and 
     Federal Employee Antidiscrimination and Retaliation Act of 
     2002 (5 U.S.C. 2301 note)); or
       ``(2) to provide whistleblower protections for employees of 
     the Department (including pursuant to paragraphs (8) and (9) 
     of section 2302(b) of title 5, United States Code, and the 
     Notification and Federal Employee Antidiscrimination and 
     Retaliation Act of 2002 (5 U.S.C. 2301 note)).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by this Act, 
     is amended by striking the item relating to section 883 and 
     inserting the following:

``Sec. 883. Whistleblower protections.''.

     SEC. 6206. COST SAVINGS AND EFFICIENCY REVIEWS.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary, acting through the Under Secretary for 
     Management, shall submit to the congressional homeland 
     security committees a report, which may include a classified 
     or other appropriately controlled annex containing any 
     information required to be submitted under this section that 
     is restricted from public disclosure in accordance with 
     Federal law, including information that is not publicly 
     releasable, that--
       (1) provides a detailed accounting of the management and 
     administrative expenditures and activities of each component 
     of the Department and identifies potential cost savings, 
     avoidances, and efficiencies for those expenditures and 
     activities;
       (2) examines major physical assets of the Department, as 
     defined by the Secretary;
       (3) reviews the size, experience level, and geographic 
     distribution of the operational personnel of the Department;
       (4) makes recommendations for adjustments in the management 
     and administration of the Department that would reduce 
     deficiencies in the capabilities of the Department, reduce 
     costs, and enhance efficiencies; and
       (5) examines--
       (A) how employees who carry out management and 
     administrative functions at Department headquarters 
     coordinate with employees who carry out similar functions 
     at--
       (i) each component of the Department;
       (ii) the Office of Personnel Management; and
       (iii) the General Services Administration; and
       (B) whether any unnecessary duplication, overlap, or 
     fragmentation exists with respect to those functions.

     SEC. 6207. ABOLISHMENT OF CERTAIN OFFICES.

       (a) Abolishment of the Director of Shared Services.--The 
     position of Director of Shared Services in the Department is 
     abolished.
       (b) Abolishment of the Office of the Director of 
     Counternarcotics Enforcement.--
       (1) Abolishment.--The Office of the Director of 
     Counternarcotics Enforcement in the Department is abolished.
       (2) Technical and conforming amendment.--Section 
     843(b)(1)(B) of the Homeland Security Act of 2002 (6 U.S.C. 
     413(b)(1)(B)) is amended by striking ``by--'' and all that 
     follows through the end and inserting ``by the Secretary; 
     and''.

         TITLE LXXIII--DEPARTMENT TRANSPARENCY AND ASSESSMENTS

     SEC. 6301. HOMELAND SECURITY STATISTICS AND METRICS.

       (a) In General.--Section 701 of the Homeland Security Act 
     of 2002 (6 U.S.C. 341) is amended by striking subsection (b) 
     and inserting the following:
       ``(b) Homeland Security Statistics and Joint Analysis.--
       ``(1) Homeland security statistics.--The Under Secretary 
     for Management shall--
       ``(A) establish standards of reliability and validity for 
     statistical data collected and analyzed by the Department;
       ``(B) be provided with statistical data maintained by the 
     Department regarding the operations of the Department;
       ``(C) conduct or oversee analysis and reporting of such 
     data by the Department as required by law or directed by the 
     Secretary; and
       ``(D) ensure the accuracy of metrics and statistical data 
     provided to Congress.
       ``(2) Transfer of responsibilities.--There shall be 
     transferred to the Under Secretary for Management the 
     maintenance of all immigration statistical information of 
     U.S. Customs and Border Protection and U.S. Citizenship and 
     Immigration Services, which shall include information and 
     statistics of the type contained in the publication entitled 
     `Yearbook of Immigration Statistics' prepared by the Office 
     of Immigration Statistics, including region-by-region 
     statistics on the aggregate number of applications and 
     petitions filed by an alien (or filed on behalf of an alien) 
     and denied, and the reasons for such denials, disaggregated 
     by category of denial and application or petition type.''.
       (b) Immigration Functions.--Section 478(a) of the Homeland 
     Security Act of 2002 (6 U.S.C. 298(a)) is amended--
       (1) in paragraph (1), by striking ``to the Committees on 
     the Judiciary and Government Reform of the House of 
     Representatives, and to the Committees on the Judiciary and 
     Government Affairs of the Senate,'' and inserting ``the 
     Committee on the Judiciary of the Senate, the Committee on 
     the Judiciary of the House of Representatives, and the 
     congressional homeland security committees''; and
       (2) in paragraph (2), by adding at the end the following:
       ``(I) The number of persons known to have overstayed the 
     terms of their visa, by visa type.
       ``(J) An estimated percentage of persons believed to have 
     overstayed their visa, by visa type.
       ``(K) A description of immigration enforcement actions.''.
       (c) Border Security Metrics.--
       (1) Definitions.--In this subsection:
       (A) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (ii) the Committee on Homeland Security of the House of 
     Representatives;
       (iii) the Committee on the Judiciary of the Senate; and
       (iv) the Committee on the Judiciary of the House of 
     Representatives.
       (B) Consequence delivery system.--The term ``Consequence 
     Delivery System'' means the series of consequences applied by 
     the Border Patrol to persons unlawfully entering the United 
     States to prevent unlawful border crossing recidivism.
       (C) Got away.--The term ``got away'' means an unlawful 
     border crosser who--
       (i) is directly or indirectly observed making an unlawful 
     entry into the United States; and
       (ii) is not a turn back and is not apprehended.
       (D) Known migrant flow.--The term ``known migrant flow'' 
     means the sum of the number of undocumented migrants--
       (i) interdicted at sea;
       (ii) identified at sea, but not interdicted;
       (iii) that successfully entered the United States through 
     the maritime border; or
       (iv) not described in clause (i), (ii), or (iii), which 
     were otherwise reported, with a significant degree of 
     certainty, as having entered, or attempted to enter, the 
     United States through the maritime border.
       (E) Major violator.--The term ``major violator'' means a 
     person or entity that has engaged in serious criminal 
     activities at any land, air, or sea port of entry, 
     including--
       (i) possession of illicit drugs;
       (ii) smuggling of prohibited products;
       (iii) human smuggling;
       (iv) weapons possession;
       (v) use of fraudulent United States documents; or
       (vi) other offenses that are serious enough to result in 
     arrest.
       (F) Situational awareness.--The term ``situational 
     awareness'' means knowledge and unified understanding of 
     current unlawful cross-border activity, including--
       (i) threats and trends concerning illicit trafficking and 
     unlawful crossings;
       (ii) the ability to forecast future shifts in such threats 
     and trends;
       (iii) the ability to evaluate such threats and trends at a 
     level sufficient to create actionable plans; and
       (iv) the operational capability to conduct persistent and 
     integrated surveillance of the international borders of the 
     United States.
       (G) Transit zone.--The term ``transit zone'' means the sea 
     corridors of the western Atlantic Ocean, the Gulf of Mexico, 
     the Caribbean Sea, and the eastern Pacific Ocean through 
     which undocumented migrants and illicit drugs transit, either 
     directly or indirectly, to the United States.
       (H) Turn back.--The term ``turn back'' means an unlawful 
     border crosser who, after making an unlawful entry into the 
     United States, promptly returns to the country from which 
     such crosser entered.
       (I) Unlawful border crossing effectiveness rate.--The term 
     ``unlawful border crossing effectiveness rate'' means the 
     percentage that results from dividing--
       (i) the number of apprehensions and turn backs; and
       (ii) the number of apprehensions, estimated unlawful 
     entries, turn backs, and got aways.
       (J) Unlawful entry.--The term ``unlawful entry'' means an 
     unlawful border crosser who enters the United States and is 
     not apprehended by a border security component of the 
     Department.
       (2) Metrics for securing the border between ports of 
     entry.--
       (A) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall develop metrics, 
     informed by situational awareness, to measure the 
     effectiveness of security between ports of entry. The 
     Secretary shall annually implement the metrics developed 
     under this subsection, which shall include--
       (i) estimates, using alternative methodologies, including 
     recidivism data, survey data,

[[Page S3366]]

     known-flow data, and technologically measured data, of--

       (I) total attempted unlawful border crossings;
       (II) the rate of apprehension of attempted unlawful border 
     crossers; and
       (III) the number of unlawful entries;

       (ii) a situational awareness achievement metric, which 
     measures situational awareness achieved in each Border Patrol 
     sector;
       (iii) an unlawful border crossing effectiveness rate;
       (iv) a probability of detection, which compares the 
     estimated total unlawful border crossing attempts not 
     detected by the Border Patrol to the unlawful border crossing 
     effectiveness rate, as informed by clause (i);
       (v) an illicit drugs seizure rate for drugs seized by the 
     Border Patrol, which compares the ratio of the amount and 
     type of illicit drugs seized by the Border Patrol in any 
     fiscal year to the average of the amount and type of illicit 
     drugs seized by the Border Patrol in the immediately 
     preceding 5 fiscal years;
       (vi) a weight-to-frequency rate, which compares the average 
     weight of marijuana seized per seizure by the Border Patrol 
     in any fiscal year to such weight-to-frequency rate for the 
     immediately preceding 5 fiscal years;
       (vii) estimates of the impact of the Consequence Delivery 
     System on the rate of recidivism of unlawful border crossers 
     over multiple fiscal years; and
       (viii) an examination of each consequence referred to in 
     clause (vii), including--

       (I) voluntary return;
       (II) warrant of arrest or notice to appear;
       (III) expedited removal;
       (IV) reinstatement of removal;
       (V) alien transfer exit program;
       (VI) Operation Streamline;
       (VII) standard prosecution; and
       (VIII) Operation Against Smugglers Initiative on Safety and 
     Security.

       (B) Metrics consultation.--In developing the metrics 
     required under subparagraph (A), the Secretary shall--
       (i) consult with the appropriate components of the 
     Department; and
       (ii) as appropriate, work with other agencies, including 
     the Office of Refugee Resettlement of the Department of 
     Health and Human Services and the Executive Office for 
     Immigration Review of the Department of Justice, to ensure 
     that authoritative data sources are utilized.
       (C) Manner of collection.--The data used by the Secretary 
     shall be collected and reported in a consistent and 
     standardized manner across all Border Patrol sectors, 
     informed by situational awareness.
       (3) Metrics for securing the border at ports of entry.--
       (A)  In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall develop metrics, 
     informed by situational awareness, to measure the 
     effectiveness of security at ports of entry. The Secretary 
     shall annually implement the metrics developed under this 
     subsection, which shall include--
       (i) estimates, using alternative methodologies, including 
     survey data and randomized secondary screening data, of--

       (I) total attempted inadmissible border crossings;
       (II) the rate of apprehension of attempted inadmissible 
     border crossings; and
       (III) the number of unlawful entries;

       (ii) the amount and type of illicit drugs seized by the 
     Office of Field Operations of U.S. Customs and Border 
     Protection at United States land, air, and sea ports during 
     the previous fiscal year;
       (iii) an illicit drugs seizure rate for drugs seized by the 
     Office of Field Operations, which compares the ratio of the 
     amount and type of illicit drugs seized by the Office of 
     Field Operations in any fiscal year to the average of the 
     amount and type of illicit drugs seized by the Office of 
     Field Operations in the immediately preceding 5 fiscal years;
       (iv) in consultation with the Office of National Drug 
     Control Policy and the United States Southern Command, a 
     cocaine seizure effectiveness rate, which is the percentage 
     resulting from dividing--

       (I) the amount of cocaine seized by the Office of Field 
     Operations; and
       (II) the total estimated cocaine flow rate at ports of 
     entry along the land border;

       (v) the number of infractions related to travelers and 
     cargo committed by major violators who are apprehended by the 
     Office of Field Operations at ports of entry, and the 
     estimated number of such infractions committed by major 
     violators who are not apprehended;
       (vi) a measurement of how border security operations affect 
     crossing times, including--

       (I) a wait time ratio that compares the average wait times 
     to total commercial and private vehicular traffic volumes at 
     each port of entry;
       (II) an infrastructure capacity utilization rate that 
     measures traffic volume against the physical and staffing 
     capacity at each port of entry;
       (III) a secondary examination rate that measures the 
     frequency of secondary examinations at each port of entry; 
     and
       (IV) an enforcement rate that measures the effectiveness of 
     secondary examinations at detecting major violators; and

       (vii) a cargo scanning rate that includes--

       (I) a comparison of the number of high-risk cargo 
     containers scanned by the Office of Field Operations at each 
     United States seaport during the fiscal year to the total 
     number of high-risk cargo containers entering the United 
     States at each seaport during the previous fiscal year;
       (II) the percentage of all cargo that is considered ``high-
     risk'' cargo; and
       (III) the percentage of high-risk cargo scanned--

       (aa) upon arrival at a United States seaport before 
     entering United States commerce; and
       (bb) before being laden on a vessel destined for the United 
     States.
       (B) Metrics consultation.--In developing the metrics 
     required under subparagraph (A), the Secretary shall--
       (i) consult with the appropriate components of the 
     Department; and
       (ii) as appropriate, work with other agencies, including 
     the Office of Refugee Resettlement of the Department of 
     Health and Human Services and the Executive Office for 
     Immigration Review of the Department of Justice, to ensure 
     that authoritative data sources are utilized.
       (C) Manner of collection.--The data used by the Secretary 
     shall be collected and reported in a consistent and 
     standardized manner across all field offices, informed by 
     situational awareness.
       (4) Metrics for securing the maritime border.--
       (A) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall develop metrics, 
     informed by situational awareness, to measure the 
     effectiveness of security in the maritime environment. The 
     Secretary shall annually implement the metrics developed 
     under this subsection, which shall include--
       (i) situational awareness achieved in the maritime 
     environment;
       (ii) an undocumented migrant interdiction rate, which 
     compares the migrants interdicted at sea to the total known 
     migrant flow;
       (iii) an illicit drugs removal rate, for drugs removed 
     inside and outside of a transit zone, which compares the 
     amount and type of illicit drugs removed, including drugs 
     abandoned at sea, by the Department's maritime security 
     components in any fiscal year to the average of the amount 
     and type of illicit drugs removed by the Department's 
     maritime components for the immediately preceding 5 fiscal 
     years;
       (iv) in consultation with the Office of National Drug 
     Control Policy and the United States Southern Command, a 
     cocaine removal effectiveness rate, for cocaine removed 
     inside a transit zone and outside a transit zone; which 
     compares the amount of cocaine removed by the Department's 
     maritime security components by the total documented cocaine 
     flow rate, as contained in Federal drug databases;
       (v) a response rate, which compares the ability of the 
     maritime security components of the Department to respond to 
     and resolve known maritime threats, whether inside and 
     outside a transit zone, by placing assets on-scene, to the 
     total number of events with respect to which the Department 
     has known threat information; and
       (vi) an intergovernmental response rate, which compares the 
     ability of the maritime security components of the Department 
     or other United States Government entities to respond to and 
     resolve actionable maritime threats, whether inside or 
     outside the Western Hemisphere transit zone, by targeting 
     maritime threats in order to detect them, and of those 
     threats detected, the total number of maritime threats 
     interdicted or disrupted.
       (B) Metrics consultation.--In developing the metrics 
     required under subparagraph (A), the Secretary shall--
       (i) consult with the appropriate components of the 
     Department; and
       (ii) as appropriate, work with other agencies, including 
     the Drug Enforcement Agency, the Department of Defense, and 
     the Department of Justice, to ensure that authoritative data 
     sources are utilized.
       (C) Manner of collection.--The data used by the Secretary 
     shall be collected and reported in a consistent and 
     standardized manner, informed by situational awareness.
       (5) Air and marine security metrics in the land domain.--
       (A) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary shall develop metrics, 
     informed by situational awareness, to measure the 
     effectiveness of the aviation assets and operations of the 
     Office of Air and Marine of U.S. Customs and Border 
     Enforcement. The Secretary shall annually implement the 
     metrics developed under this subsection, which shall 
     include--
       (i) an effectiveness rate, which compares Office of Air and 
     Marine flight hours requirements to the number of flight 
     hours flown by such Office;
       (ii) a funded flight hour effectiveness rate, which 
     compares the number of funded flight hours appropriated to 
     the Office of Air and Marine to the number of actual flight 
     hours flown by such Office;
       (iii) a readiness rate, which compares the number of 
     aviation missions flown by the Office of Air and Marine to 
     the number of aviation missions cancelled by such Office due 
     to maintenance, operations, or other causes;
       (iv) the number of missions cancelled by such Office due to 
     weather compared to the total planned missions;
       (v) the number of subjects detected by the Office of Air 
     and Marine through the use of unmanned aerial systems and 
     manned aircrafts;
       (vi) the number of apprehensions assisted by the Office of 
     Air and Marine through the

[[Page S3367]]

     use of unmanned aerial systems and manned aircrafts;
       (vii) the number and quantity of illicit drug seizures 
     assisted by the Office of Air and Marine through the use of 
     unmanned aerial systems and manned aircrafts; and
       (viii) the number of times that usable intelligence related 
     to border security was obtained through the use of unmanned 
     aerial systems and manned aircraft.
       (B) Metrics consultation.--In developing the metrics 
     required under subparagraph (A), the Secretary shall--
       (i) consult with the appropriate components of the 
     Department; and
       (ii) as appropriate, work with other agencies, including 
     the Department of Justice, to ensure that authoritative data 
     sources are utilized.
       (C) Manner of collection.--The data used by the Secretary 
     shall be collected and reported in a consistent and 
     standardized manner, informed by situational awareness.
       (d) Data Transparency.--The Secretary shall--
       (1) in accordance with applicable privacy laws, make data 
     related to apprehensions, inadmissible aliens, drug seizures, 
     and other enforcement actions available to the public, 
     academic research, and law enforcement communities; and
       (2) provide the Office of Immigration Statistics of the 
     Department with unfettered access to the data described in 
     paragraph (1).
       (e) Evaluation by the Government Accountability Office and 
     the Secretary of Homeland Security.--
       (1) Metrics report.--
       (A) Mandatory disclosures.--The Secretary shall submit an 
     annual report containing the metrics required under 
     paragraphs (2) through (5) of subsection (c) and the data and 
     methodology used to develop such metrics to--
       (i) the appropriate congressional committees; and
       (ii) the Comptroller General of the United States.
       (B) Permissible disclosures.--The Secretary, for the 
     purpose of validation and verification, may submit the annual 
     report described in subparagraph (A) to--
       (i) the National Center for Border Security and 
     Immigration;
       (ii) the head of a national laboratory within the 
     Department laboratory network with prior expertise in border 
     security; and
       (C) a Federally Funded Research and Development Center 
     sponsored by the Department.
       (2) GAO report.--Not later than 270 days after receiving 
     the first report under paragraph (1)(A), and biennially 
     thereafter for the following 10 years, the Comptroller 
     General of the United States, shall submit a report to the 
     appropriate congressional committees that--
       (A) analyzes the suitability and statistical validity of 
     the data and methodology contained in such report; and
       (B) includes recommendations to Congress on--
       (i) the feasibility of other suitable metrics that may be 
     used to measure the effectiveness of border security; and
       (ii) improvements that need to be made to the metrics being 
     used to measure the effectiveness of border security.
       (3) State of the border report.--Not later than 60 days 
     after the end of each fiscal year through fiscal year 2025, 
     the Secretary shall submit a ``State of the Border'' report 
     to the appropriate congressional committees that--
       (A) provides trends for each metric under paragraphs (2) 
     through (5) of subsection (c) for the last 10 years, to the 
     extent possible;
       (B) provides selected analysis into related aspects of 
     illegal flow rates, including legal flows and stock 
     estimation techniques; and
       (C) includes any other information that the Secretary 
     determines appropriate.
       (4) Metrics update.--
       (A) In general.--After submitting the final report to the 
     Comptroller General under paragraph (1), the Secretary may 
     reevaluate and update any of the metrics required under 
     paragraphs (2) through (5) of subsection (c) to ensure that 
     such metrics--
       (i) meet the Department's performance management needs; and
       (ii) are suitable to measure the effectiveness of border 
     security.
       (B) Congressional notification.--Not later than 30 days 
     before updating the metrics under subparagraph (A), the 
     Secretary shall notify the appropriate congressional 
     committees of such updates.

     SEC. 6302. ANNUAL HOMELAND SECURITY ASSESSMENT.

       (a) In General.--Title II of the Homeland Security Act of 
     2002 (6 U.S.C. 121 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 210G. ANNUAL HOMELAND SECURITY ASSESSMENT.

       ``(a) Department Annual Assessment.--
       ``(1) In general.--Not later than March 31 of each year 
     beginning in the year after the date of enactment of this 
     section, and each year thereafter for 7 years, the Under 
     Secretary for Intelligence and Analysis shall prepare and 
     submit to the congressional homeland security committees a 
     report assessing the current threats to homeland security and 
     the capability of the Department to address those threats.
       ``(2) Form of report.--In carrying out paragraph (1), the 
     Under Secretary for Intelligence and Analysis shall submit an 
     unclassified report, and as necessary, a classified annex.
       ``(b) Office of Inspector General Annual Assessment.--Not 
     later than 90 days after the date on which a report required 
     under subsection (a) is submitted to the congressional 
     homeland security committees, the Inspector General of the 
     Department shall prepare and submit to the congressional 
     homeland security committees a report, which shall include an 
     assessment of the capability of the Department to address the 
     threats identified in the report required under subsection 
     (a) and recommendations for actions to mitigate those 
     threats.
       ``(c) Mitigation Plan.--Not later than 90 days after the 
     date on which a report required under subsection (b) is 
     submitted to the congressional homeland security committees, 
     the Secretary shall submit to the congressional homeland 
     security committees a plan to mitigate the threats to 
     homeland security identified in the report.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by this Act, 
     is amended by inserting after the item relating to section 
     210F the following:

``Sec. 210G. Annual homeland security assessment.''.

     SEC. 6303. DEPARTMENT TRANSPARENCY.

       (a) Feasibility Study.--The Administrator of the Federal 
     Emergency Management Agency shall initiate a study to 
     determine the feasibility of gathering data and providing 
     information to Congress on the use of Federal grant awards, 
     for expenditures of more than $5,000, by entities that 
     receive a Federal grant award under the Urban Area Security 
     Initiative and the State Homeland Security Grant Program 
     under sections 2003 and 2004 of the Homeland Security Act of 
     2002 (6 U.S.C. 604 and 605), respectively.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency shall submit to the congressional 
     homeland security committee a report on the results of the 
     study required under subsection (a).

     SEC. 6304. TRANSPARENCY IN RESEARCH AND DEVELOPMENT.

       (a) In General.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 319. TRANSPARENCY IN RESEARCH AND DEVELOPMENT.

       ``(a) Requirement to Publicly List Unclassified Research & 
     Development Programs.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall maintain a detailed list, accessible on the 
     website of the Department, of--
       ``(A) each research and development project that is not 
     classified, and all appropriate details for each such 
     project, including the component of the Department 
     responsible for the project;
       ``(B) each task order for a Federally Funded Research and 
     Development Center not associated with a research and 
     development project; and
       ``(C) each task order for a University-based center of 
     excellence not associated with a research and development 
     project.
       ``(2) Exceptions.--
       ``(A) Operational security.--The Secretary, or a designee 
     of the Secretary with the rank of Assistant Secretary or 
     above, may exclude a project from the list required under 
     paragraph (1) if the Secretary or such designee provides to 
     the appropriate congressional committees--
       ``(i) the information that would otherwise be required to 
     be publicly posted under paragraph (1); and
       ``(ii) a written certification that--

       ``(I) the information that would otherwise be required to 
     be publicly posted under paragraph (1) is controlled 
     unclassified information, the public dissemination of which 
     would jeopardize operational security; and
       ``(II) the publicly posted list under paragraph (1) 
     includes as much information about the program as is feasible 
     without jeopardizing operational security.

       ``(B) Completed projects.--Paragraph (1) shall not apply to 
     a project completed or otherwise terminated before the date 
     of enactment of this section.
       ``(3) Deadline and updates.--The list required under 
     paragraph (1) shall be--
       ``(A) made publicly accessible on the website of the 
     Department not later than 1 year after the date of enactment 
     of this section; and
       ``(B) updated as frequently as possible, but not less 
     frequently than once per quarter.
       ``(4) Definition of research and development.--For purposes 
     of the list required under paragraph (1), the Secretary shall 
     publish a definition for the term `research and development' 
     on the website of the Department.
       ``(b) Requirement to Report to Congress on Classified 
     Projects.--Not later than January 1, 2017, and annually 
     thereafter, the Secretary shall submit to the appropriate 
     congressional committees a report that lists each ongoing 
     classified project at the Department, including all 
     appropriate details of each such project.
       ``(c) Indicators of Success of Transitioned Projects.--
       ``(1) In general.--For each project that has been 
     transitioned from research and development to practice, the 
     Under Secretary of Science and Technology shall develop and 
     track indicators to demonstrate the uptake of the technology 
     or project among customers or end-users.

[[Page S3368]]

       ``(2) Requirement.--To the fullest extent possible, the 
     tracking of a project required under paragraph (1) shall 
     continue for the 3-year period beginning on the date on which 
     the project was transitioned from research and development to 
     practice.
       ``(3) Indicators.--The indicators developed and tracked 
     under this subsection shall be included in the list required 
     under subsection (a).
       ``(d) Definitions.--In this section:
       ``(1) All appropriate details.--The term `all appropriate 
     details' means--
       ``(A) the name of the project, including both classified 
     and unclassified names if applicable;
       ``(B) the name of the component carrying out the project;
       ``(C) an abstract or summary of the project;
       ``(D) funding levels for the project;
       ``(E) project duration or timeline;
       ``(F) the name of each contractor, grantee, or cooperative 
     agreement partner involved in the project;
       ``(G) expected objectives and milestones for the project; 
     and
       ``(H) to the maximum extent practicable, relevant 
     literature and patents that are associated with the project.
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Homeland Security of the House of 
     Representatives; and
       ``(C) the Committee on Oversight and Government Reform of 
     House of Representatives.
       ``(3) Classified.--The term `classified' means anything 
     containing--
       ``(A) classified national security information as defined 
     in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) 
     or any successor order;
       ``(B) Restricted Data or data that was formerly Restricted 
     Data, as defined in section 11y. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2014(y));
       ``(C) material classified at the Sensitive Compartmented 
     Information (SCI) level as defined in section 309 of the 
     Intelligence Authorization Act for Fiscal Year 2001 (50 
     U.S.C. 3345); or
       ``(D) information relating to a special access program, as 
     defined in section 6.1 of Executive Order 13526 (50 U.S.C. 
     3161 note) or any successor order.
       ``(4) Controlled unclassified information.--The term 
     `controlled unclassified information' means information 
     described as `Controlled Unclassified Information' under 
     Executive Order 13556 (50 U.S.C. 3501 note) or any successor 
     order.
       ``(5) Project.--The term `project' means a research or 
     development project, program, or activity administered by the 
     Department, whether ongoing, completed, or otherwise 
     terminated.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 318 the following:

``Sec. 319. Transparency in research and development.''.

     SEC. 6305. REPORTING ON NATIONAL BIO AND AGRO-DEFENSE 
                   FACILITY.

       (a) In General.--Section 310 of the Homeland Security Act 
     of 2002 (6 U.S.C. 190) is amended by adding at the end the 
     following:
       ``(e) Successor Facility.--The National Bio and Agro-
     Defense Facility, the planned successor facility to the Plum 
     Island Animal Disease Center as of the date of enactment of 
     this subsection, shall be subject to the requirements under 
     subsections (b), (c), and (d) in the same manner and to the 
     same extent as the Plum Island Animal Disease Center.
       ``(f) Construction of the National Bio and Agro-Defense 
     Facility.--
       ``(1) Report required.--Not later than September 30, 2016, 
     and not less frequently than twice each year thereafter, the 
     Secretary of Homeland Security and the Secretary of 
     Agriculture shall submit to the congressional homeland 
     security committees a report on the National Bio and Agro-
     Defense Facility that includes--
       ``(A) a review of the status of the construction of the 
     National Bio and Agro-Defense Facility, including--
       ``(i) current cost and schedule estimates;
       ``(ii) any revisions to previous estimates described in 
     clause (i); and
       ``(iii) total obligations to date;
       ``(B) a description of activities carried out to prepare 
     for the transfer of research to the facility and the 
     activation of that research; and
       ``(C) a description of activities that have occurred to 
     decommission the Plum Island Animal Disease Center.
       ``(2) Sunset.--The reporting requirement under paragraph 
     (1) shall terminate on the date that is 1 year after the date 
     on which the Secretary of Homeland Security certifies to the 
     congressional homeland security committees that construction 
     of the National Bio and Agro-Defense Facility has been 
     completed.''.
       (b) Review.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall initiate a review of and submit to Congress a 
     report on the construction and future planning of the 
     National Bio and Agro-Defense Facility, which shall include--
       (1) the extent to which cost and schedule estimates for the 
     project conform to capital planning leading practices as 
     determined by the Comptroller General;
       (2) the extent to which the project's planning, budgeting, 
     acquisition, and proposed management in use conform to 
     capital planning leading practices as determined by the 
     Comptroller General; and
       (3) the extent to which disposal of the Plum Island Animal 
     Disease Center conforms to capital planning leading practices 
     as determined by the Comptroller General.

     SEC. 6306. INSPECTOR GENERAL OVERSIGHT OF SUSPENSION AND 
                   DEBARMENT.

       Not later than 3 years after the date of enactment of this 
     Act, the Inspector General of the Department shall--
       (1) audit the award of grants and procurement contracts to 
     identify--
       (A) instances in which a grant or contract was improperly 
     awarded to a suspended or debarred entity; and
       (B) whether corrective actions were taken following such 
     instances to prevent recurrence; and
       (2) review the suspension and debarment program throughout 
     the Department to assess whether--
       (A) suspension and debarment criteria are consistently 
     applied throughout the Department; and
       (B) disparities exist in the application of the criteria, 
     particularly with respect to business size and category.

     SEC. 6307. FUTURE YEARS HOMELAND SECURITY PROGRAM.

       (a) In General.--Section 874 of the Homeland Security Act 
     of 2002 (6 U.S.C. 454) is amended--
       (1) in the section heading, by striking ``year'' and 
     inserting ``years'';
       (2) by striking subsection (a) and inserting the following:
       ``(a) In General.--Not later than 60 days after the date on 
     which the budget of the President is submitted to Congress 
     under section 1105(a) of title 31, United States Code, the 
     Secretary shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives (referred 
     to in this section as the `appropriate committees') a Future 
     Years Homeland Security Program that covers the fiscal year 
     for which the budget is submitted and the 4 succeeding fiscal 
     years.''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) Projection of Acquisition Estimates.--On and after 
     February 1, 2018, each Future Years Homeland Security Program 
     shall project--
       ``(1) acquisition estimates for the fiscal year for which 
     the budget is submitted and the 4 succeeding fiscal years, 
     with specified estimates for each fiscal year, for all major 
     acquisitions by the Department and each component of the 
     Department; and
       ``(2) estimated annual deployment schedules for all 
     physical asset major acquisitions over the 5-fiscal-year 
     period described in paragraph (1) and the full operating 
     capability for all information technology major acquisitions.
       ``(d) Sensitive and Classified Information.--The Secretary 
     may include with each Future Years Homeland Security Program 
     a classified or other appropriately controlled document 
     containing any information required to be submitted under 
     this section that is restricted from public disclosure in 
     accordance with Federal law or any Executive Order.
       ``(e) Availability of Information to the Public.--The 
     Secretary shall make available to the public in electronic 
     form the information required to be submitted to the 
     appropriate committees under this section, other than 
     information described in subsection (d).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by this Act, 
     is amended by striking the item relating to section 874 and 
     inserting the following:

``Sec. 874. Future Years Homeland Security Program.''.

       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to each fiscal year beginning after 
     the date of enactment of this Act.

     SEC. 6308. QUADRENNIAL HOMELAND SECURITY REVIEW.

       (a) In General.--Section 707 of the Homeland Security Act 
     of 2002 (6 U.S.C. 347) is amended--
       (1) in subsection (b)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(7) review available capabilities and capacities across 
     the homeland security enterprise and identify redundant, 
     wasteful, or unnecessary capabilities and capacities from 
     which resources can be redirected to better support other 
     existing capabilities and capacities.''; and
       (2) in subsection (c)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Not later than 60 days after the date on 
     which the budget of the President is submitted to Congress 
     under section 1105 of title 31, United States Code, for the 
     fiscal year after the fiscal year in

[[Page S3369]]

     which a quadrennial homeland security review is conducted 
     under subsection (a)(1), the Secretary shall submit to 
     Congress a report on the quadrennial homeland security 
     review.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (H), by striking ``and'' at the end;
       (ii) by redesignating subparagraph (I) as subparagraph (L); 
     and
       (iii) by inserting after subparagraph (H) the following:
       ``(I) a description of how the conclusions under the 
     quadrennial homeland security review will inform efforts to 
     develop capabilities and build capacity of States, local 
     governments, Indian tribes, territories, and private 
     entities, and of individuals, families, and communities;
       ``(J) proposed changes to the authorities, organization, 
     governance structure, or business processes (including 
     acquisition processes) of the Department in order to better 
     fulfil responsibilities of the Department;
       ``(K) if appropriate, a classified or other appropriately 
     controlled document containing any information required to be 
     submitted under this paragraph that is restricted from public 
     disclosure in accordance with Federal law, including 
     information that is not publicly releasable; and''.

     SEC. 6309. REPORTING REDUCTION.

       (a) Office of Counternarcotics Annual Budget Review and 
     Evaluation of Counternarcotics Activities Report.--Section 
     878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is 
     amended by striking subsection (f).
       (b) Office of Counternarcotics Seizure Report.--Section 
     705(a) of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1704(a)) is amended by 
     striking paragraph (3).
       (c) Annual Report on Activities of the National Nuclear 
     Detection Office.--Section 1902(a)(13) of the Homeland 
     Security Act of 2002 (6 U.S.C. 592(a)(13)) is amended by 
     striking ``an annual'' and inserting ``a biennial''.
       (d) Joint Annual Interagency Review of Global Nuclear 
     Detection Architecture.--Section 1907 of the Homeland 
     Security Act of 2002 (6 U.S.C. 596a) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Annual'' and 
     inserting ``Biennial'';
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``once each year--'' and inserting ``once every other year--
     ''; and
       (ii) in subparagraph (C)--

       (I) in clause (i), by striking ``the previous year'' and 
     inserting ``the previous 2 years''; and
       (II) in clause (iii), by striking ``the previous year.'' 
     and inserting ``the previous 2 years.''; and

       (C) in paragraph (2), by striking ``once each year,'' and 
     inserting ``once every other year,''; and
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Annual'' and 
     inserting ``Biennial'';
       (B) in paragraph (1), by striking ``of each year,'' and 
     inserting ``of every other year,''; and
       (C) in paragraph (2), by striking ``annual'' and inserting 
     ``biennial''.

     SEC. 6310. ADDITIONAL DEFINITIONS.

       Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
     101) is amended--
       (1) by redesignating paragraphs (13) through (18) as 
     paragraphs (17) through (22), respectively;
       (2) by redesignating paragraphs (9) through (12) as 
     paragraphs (12) through (15), respectively
       (3) by redesignating paragraphs (4) through (8) as 
     paragraphs (6) through (10), respectively;
       (4) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (3), and (4), respectively;
       (5) by inserting before paragraph (1) the following:
       ``(1) The term `acquisition' has the meaning given the term 
     in section 131 of title 41, United States Code.'';
       (6) in paragraph (3), as so redesignated--
       (A) by inserting ``(A)'' after ``(3)''; and
       (B) by adding at the end the following:
       ``(B) The term `congressional homeland security committees' 
     means--
       ``(i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(ii) the Committee on Homeland Security of the House of 
     Representatives;
       ``(iii) the Homeland Security Subcommittee of the Committee 
     on Appropriations of the Senate; and
       ``(iv) the Homeland Security Subcommittee of the Committee 
     on Appropriations of the House of Representatives.'';
       (7) by inserting after paragraph (4), as so redesignated, 
     the following:
       ``(5) The term `best practices', with respect to 
     acquisition, means a knowledge-based approach to capability 
     development that includes--
       ``(A) identifying and validating needs;
       ``(B) assessing alternatives to select the most appropriate 
     solution;
       ``(C) clearly establishing well-defined requirements;
       ``(D) developing realistic cost assessments and schedules;
       ``(E) planning stable funding that matches resources to 
     requirements;
       ``(F) demonstrating technology, design, and manufacturing 
     maturity;
       ``(G) using milestones and exit criteria or specific 
     accomplishments that demonstrate progress;
       ``(H) adopting and executing standardized processes with 
     known success across programs;
       ``(I) establishing an adequate workforce that is qualified 
     and sufficient to perform necessary functions; and
       ``(J) integrating capabilities into the mission and 
     business operations of the Department.'';
       (8) by inserting after paragraph (10), as so redesignated, 
     the following:
       ``(11) The term `homeland security enterprise' means all 
     relevant governmental and nongovernmental entities involved 
     in homeland security, including Federal, State, local, 
     tribal, and territorial government officials, private sector 
     representatives, academics, and other policy experts.''; and
       (9) by inserting after paragraph (15), as so redesignated, 
     the following:
       ``(16) The term `management integration and 
     transformation'--
       ``(A) means the development of consistent and consolidated 
     functions for information technology, financial management, 
     acquisition management, logistics and material resource 
     management, asset security, and human capital management; and
       ``(B) includes governing processes and procedures, 
     management systems, personnel activities, budget and resource 
     planning, training, real estate management, and provision of 
     security, as they relate to functions cited in subparagraph 
     (A).''.

                       TITLE LXXIV--MISCELLANEOUS

     SEC. 6401. ADMINISTRATIVE LEAVE.

       (a) Short Title.--This section may be cited as the 
     ``Administrative Leave Act of 2016''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) agency use of administrative leave, and leave that is 
     referred to incorrectly as administrative leave in agency 
     recording practices, has exceeded reasonable amounts--
       (A) in contravention of--
       (i) established precedent of the Comptroller General of the 
     United States; and
       (ii) guidance provided by the Office of Personnel 
     Management; and
       (B) resulting in significant cost to the Federal 
     Government;
       (2) administrative leave should be used sparingly;
       (3) prior to the use of paid leave to address personnel 
     issues, an agency should consider other actions, including--
       (A) temporary reassignment;
       (B) transfer; and
       (C) telework;
       (4) an agency should prioritize and expeditiously conclude 
     an investigation in which an employee is placed in 
     administrative leave so that, not later than the conclusion 
     of the leave period--
       (A) the employee is returned to duty status; or
       (B) an appropriate personnel action is taken with respect 
     to the employee;
       (5) data show that there are too many examples of employees 
     placed in administrative leave for 6 months or longer, 
     leaving the employees without any available recourse to--
       (A) return to duty status; or
       (B) challenge the decision of the agency;
       (6) an agency should ensure accurate and consistent 
     recording of the use of administrative leave so that 
     administrative leave can be managed and overseen effectively; 
     and
       (7) other forms of excused absence authorized by law should 
     be recorded separately from administrative leave, as defined 
     by the amendments made by this section.
       (c) Administrative Leave.--
       (1) In general.--Subchapter II of chapter 63 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 6329a. Administrative leave

       ``(a) Definitions.--In this section--
       ``(1) the term `administrative leave' means leave--
       ``(A) without loss of or reduction in--
       ``(i) pay;
       ``(ii) leave to which an employee is otherwise entitled 
     under law; or
       ``(iii) credit for time or service; and
       ``(B) that is not authorized under any other provision of 
     law;
       ``(2) the term `agency'--
       ``(A) means an Executive agency (as defined in section 105 
     of this title); and
       ``(B) does not include the Government Accountability 
     Office; and
       ``(3) the term `employee'--
       ``(A) has the meaning given the term in section 2105; and
       ``(B) does not include an intermittent employee who does 
     not have an established regular tour of duty during the 
     administrative workweek.
       ``(b) Administrative Leave.--
       ``(1) In general.--An agency may place an employee in 
     administrative leave for a period of not more than 5 
     consecutive days.
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to limit the use of leave that is--
       ``(A) specifically authorized under law; and
       ``(B) not administrative leave.
       ``(3) Records.--An agency shall record administrative leave 
     separately from leave authorized under any other provision of 
     law.
       ``(c) Regulations.--
       ``(1) OPM regulations.--Not later than 1 year after the 
     date of enactment of this section, the Director of the Office 
     of Personnel Management shall--

[[Page S3370]]

       ``(A) prescribe regulations to carry out this section; and
       ``(B) prescribe regulations that provide guidance to 
     agencies regarding--
       ``(i) acceptable agency uses of administrative leave; and
       ``(ii) the proper recording of--

       ``(I) administrative leave; and
       ``(II) other leave authorized by law.

       ``(2) Agency action.--Not later than 1 year after the date 
     on which the Director of the Office of Personnel Management 
     prescribes regulations under paragraph (1), each agency shall 
     revise and implement the internal policies of the agency to 
     meet the requirements of this section.
       ``(d) Relation to Other Laws.--Notwithstanding subsection 
     (a) of section 7421 of title 38, this section shall apply to 
     an employee described in subsection (b) of that section.''.
       (2) OPM study.--Not later than 120 days after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management, in consultation with Federal agencies, 
     groups representing Federal employees, and other relevant 
     stakeholders, shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Government Reform of the House of 
     Representatives a report identifying agency practices, as of 
     the date of enactment of this Act, of placing an employee in 
     administrative leave for more than 5 consecutive days when 
     the placement was not specifically authorized by law.
       (3) Technical and conforming amendment.--The table of 
     sections for subchapter II of chapter 63 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 6329 the following:

``6329a. Administrative leave.''.

       (d) Investigative Leave and Notice Leave.--
       (1) In general.--Subchapter II of chapter 63 of title 5, 
     United States Code, as amended by this section, is further 
     amended by adding at the end the following:

     ``Sec. 6329b. Investigative leave and notice leave

       ``(a) Definitions.--In this section--
       ``(1) the term `agency'--
       ``(A) means an Executive agency (as defined in section 105 
     of this title); and
       ``(B) does not include the Government Accountability 
     Office;
       ``(2) the term `Chief Human Capital Officer' means--
       ``(A) the Chief Human Capital Officer of an agency 
     designated or appointed under section 1401; or
       ``(B) the equivalent;
       ``(3) the term `committees of jurisdiction', with respect 
     to an agency, means each committee in the Senate and House of 
     Representatives with jurisdiction over the agency;
       ``(4) the term `Director' means the Director of the Office 
     of Personnel Management;
       ``(5) the term `employee'--
       ``(A) has the meaning given the term in section 2105; and
       ``(B) does not include--
       ``(i) an intermittent employee who does not have an 
     established regular tour of duty during the administrative 
     workweek; or
       ``(ii) the Inspector General of an agency;
       ``(6) the term `investigative leave' means leave--
       ``(A) without loss of or reduction in--
       ``(i) pay;
       ``(ii) leave to which an employee is otherwise entitled 
     under law; or
       ``(iii) credit for time or service;
       ``(B) that is not authorized under any other provision of 
     law; and
       ``(C) in which an employee who is the subject of an 
     investigation is placed;
       ``(7) the term `notice leave' means leave--
       ``(A) without loss of or reduction in--
       ``(i) pay;
       ``(ii) leave to which an employee is otherwise entitled 
     under law; or
       ``(iii) credit for time or service;
       ``(B) that is not authorized under any other provision of 
     law; and
       ``(C) in which an employee who is in a notice period is 
     placed; and
       ``(8) the term `notice period' means a period beginning on 
     the date on which an employee is provided notice required 
     under law of a proposed adverse action against the employee 
     and ending on the date on which an agency may take the 
     adverse action.
       ``(b) Leave for Employees Under Investigation or in a 
     Notice Period.--
       ``(1) Authority.--An agency may, in accordance with 
     paragraph (2), place an employee in--
       ``(A) investigative leave if the employee is the subject of 
     an investigation;
       ``(B) notice leave if the employee is in a notice period; 
     or
       ``(C) notice leave following a placement in investigative 
     leave if, not later than the day after the last day of the 
     period of investigative leave--
       ``(i) the agency proposes or initiates an adverse action 
     against the employee; and
       ``(ii) the agency determines that the employee continues to 
     meet 1 or more of the criteria described in subsection 
     (c)(1).
       ``(2) Requirements.--An agency may place an employee in 
     leave under paragraph (1) only if the agency has--
       ``(A) made a determination with respect to the employee 
     under subsection (c)(1);
       ``(B) considered the available options for the employee 
     under subsection (c)(2); and
       ``(C) determined that none of the available options under 
     subsection (c)(2) is appropriate.
       ``(c) Employees Under Investigation or in a Notice 
     Period.--
       ``(1) Determinations.--An agency may not place an employee 
     in investigative leave or notice leave under subsection (b) 
     unless the continued presence of the employee in the 
     workplace during an investigation of the employee or while 
     the employee is in a notice period, if applicable, may--
       ``(A) pose a threat to the employee or others;
       ``(B) result in the destruction of evidence relevant to an 
     investigation;
       ``(C) result in loss of or damage to Government property; 
     or
       ``(D) otherwise jeopardize legitimate Government interests.
       ``(2) Available options for employees under investigation 
     or in a notice period.--After making a determination under 
     paragraph (1) with respect to an employee, and before placing 
     an employee in investigative leave or notice leave under 
     subsection (b), an agency shall consider taking 1 or more of 
     the following actions:
       ``(A) Assigning the employee to duties in which the 
     employee is no longer a threat to--
       ``(i) safety;
       ``(ii) the mission of the agency;
       ``(iii) Government property; or
       ``(iv) evidence relevant to an investigation.
       ``(B) Allowing the employee to take leave for which the 
     employee is eligible.
       ``(C) Requiring the employee to telework under section 
     6502(c).
       ``(D) If the employee is absent from duty without approved 
     leave, carrying the employee in absence without leave status.
       ``(E) For an employee subject to a notice period, 
     curtailing the notice period if there is reasonable cause to 
     believe the employee has committed a crime for which a 
     sentence of imprisonment may be imposed.
       ``(3) Duration of leave.--
       ``(A) Investigative leave.--Subject to extensions of a 
     period of investigative leave for which an employee may be 
     eligible under subsections (d) and (e), the initial placement 
     of an employee in investigative leave shall be for a period 
     not longer than 10 days.
       ``(B) Notice leave.--Placement of an employee in notice 
     leave shall be for a period not longer than the duration of 
     the notice period.
       ``(4) Explanation of leave.--
       ``(A) In general.--If an agency places an employee in leave 
     under subsection (b), the agency shall provide the employee a 
     written explanation of the leave placement and the reasons 
     for the leave placement.
       ``(B) Explanation.--The written notice under subparagraph 
     (A) shall describe the limitations of the leave placement, 
     including--
       ``(i) the applicable limitations under paragraph (3); and
       ``(ii) in the case of a placement in investigative leave, 
     an explanation that, at the conclusion of the period of 
     leave, the agency shall take an action under paragraph (5).
       ``(5) Agency action.--Not later than the day after the last 
     day of a period of investigative leave for an employee under 
     subsection (b)(1), an agency shall--
       ``(A) return the employee to regular duty status;
       ``(B) take 1 or more of the actions authorized under 
     paragraph (2), meaning--
       ``(i) assigning the employee to duties in which the 
     employee is no longer a threat to--

       ``(I) safety;
       ``(II) the mission of the agency;
       ``(III) Government property; or
       ``(IV) evidence relevant to an investigation;

       ``(ii) allowing the employee to take leave for which the 
     employee is eligible;
       ``(iii) requiring the employee to telework under section 
     6502(c);
       ``(iv) if the employee is absent from duty without approved 
     leave, carrying the employee in absence without leave status; 
     or
       ``(v) for an employee subject to a notice period, 
     curtailing the notice period if there is reasonable cause to 
     believe the employee has committed a crime for which a 
     sentence of imprisonment may be imposed;
       ``(C) propose or initiate an adverse action against the 
     employee as provided under law; or
       ``(D) extend the period of investigative leave under 
     subsections (d) and (e).
       ``(6) Rule of construction.--Nothing in paragraph (5) shall 
     be construed to prevent the continued investigation of an 
     employee, except that the placement of an employee in 
     investigative leave may not be extended for that purpose 
     except as provided in subsections (d) and (e).
       ``(d) Initial Extension of Investigative Leave.--
       ``(1) In general.--Subject to paragraph (4), if the Chief 
     Human Capital Officer of an agency, or the designee of the 
     Chief Human Capital Officer, approves such an extension after 
     consulting with the investigator responsible for conducting 
     the investigation to which an employee is subject, the agency 
     may extend the period of investigative leave for the employee 
     under subsection (b) for not more than 30 days.
       ``(2) Maximum number of extensions.--The total period of 
     additional investigative leave for an employee under 
     paragraph (1) may not exceed 110 days.
       ``(3) Designation guidance.--Not later than 1 year after 
     the date of enactment of this section, the Chief Human 
     Capital Officers Council shall issue guidance to ensure that 
     if the Chief Human Capital Officer of an

[[Page S3371]]

     agency delegates the authority to approve an extension under 
     paragraph (1) to a designee, the designee is at a 
     sufficiently high level within the agency to make an 
     impartial and independent determination regarding the 
     extension.
       ``(4) Extensions for oig employees.--
       ``(A) Approval.--In the case of an employee of an Office of 
     Inspector General--
       ``(i) the Inspector General or the designee of the 
     Inspector General, rather than the Chief Human Capital 
     Officer or the designee of the Chief Human Capital Officer, 
     shall approve an extension of a period of investigative leave 
     for the employee under paragraph (1); or
       ``(ii) at the request of the Inspector General, the head of 
     the agency within which the Office of Inspector General is 
     located shall designate an official of the agency to approve 
     an extension of a period of investigative leave for the 
     employee under paragraph (1).
       ``(B) Guidance.--Not later than 1 year after the date of 
     enactment of this section, the Council of the Inspectors 
     General on Integrity and Efficiency shall issue guidance to 
     ensure that if the Inspector General or the head of an 
     agency, at the request of the Inspector General, delegates 
     the authority to approve an extension under subparagraph (A) 
     to a designee, the designee is at a sufficiently high level 
     within the Office of Inspector General or the agency, as 
     applicable, to make an impartial and independent 
     determination regarding the extension.
       ``(e) Further Extension of Investigative Leave.--
       ``(1) In general.--After reaching the limit under 
     subsection (d)(2), an agency may further extend a period of 
     investigative leave for an employee for a period of not more 
     than 60 days if, before the further extension begins, the 
     head of the agency or, in the case of an employee of an 
     Office of Inspector General, the Inspector General submits a 
     notification that includes the reasons for the further 
     extension to the--
       ``(A) committees of jurisdiction;
       ``(B) Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(C) Committee on Oversight and Government Reform of the 
     House of Representatives.
       ``(2) No limit.--There shall be no limit on the number of 
     further extensions that an agency may grant to an employee 
     under paragraph (1).
       ``(3) OPM review.--An agency shall request from the 
     Director, and include with the notification required under 
     paragraph (1), the opinion of the Director--
       ``(A) with respect to whether to grant a further extension 
     under this subsection, including the reasons for that 
     opinion; and
       ``(B) which shall not be binding on the agency.
       ``(4) Sunset.--The authority provided under this subsection 
     shall expire on the date that is 6 years after the date of 
     enactment of this section.
       ``(f) Consultation Guidance.--Not later than 1 year after 
     the date of enactment of this section, the Council of the 
     Inspectors General on Integrity and Efficiency, in 
     consultation with the Attorney General and the Special 
     Counsel, shall issue guidance on best practices for 
     consultation between an investigator and an agency on the 
     need to place an employee in investigative leave during an 
     investigation of the employee, including during a criminal 
     investigation, because the continued presence of the employee 
     in the workplace during the investigation may--
       ``(1) pose a threat to the employee or others;
       ``(2) result in the destruction of evidence relevant to an 
     investigation;
       ``(3) result in loss of or damage to Government property; 
     or
       ``(4) otherwise jeopardize legitimate Government interests.
       ``(g) Reporting and Records.--
       ``(1) In general.--An agency shall keep a record of the 
     placement of an employee in investigative leave or notice 
     leave by the agency, including--
       ``(A) the basis for the determination made under subsection 
     (c)(1);
       ``(B) an explanation of why an action under subsection 
     (c)(2) was not appropriate;
       ``(C) the length of the period of leave;
       ``(D) the amount of salary paid to the employee during the 
     period of leave;
       ``(E) the reasons for authorizing the leave, including, if 
     applicable, the recommendation made by an investigator under 
     subsection (d)(1); and
       ``(F) the action taken by the agency at the end of the 
     period of leave, including, if applicable, the granting of 
     any extension of a period of investigative leave under 
     subsection (d) or (e).
       ``(2) Availability of records.--An agency shall make a 
     record kept under paragraph (1) available--
       ``(A) to any committee of Congress, upon request;
       ``(B) to the Office of Personnel Management; and
       ``(C) as otherwise required by law, including for the 
     purposes of the Administrative Leave Act of 2016 and the 
     amendments made by that Act.
       ``(h) Regulations.--
       ``(1) OPM action.--Not later than 1 year after the date of 
     enactment of this section, the Director shall prescribe 
     regulations to carry out this section, including guidance to 
     agencies regarding--
       ``(A) acceptable purposes for the use of--
       ``(i) investigative leave; and
       ``(ii) notice leave;
       ``(B) the proper recording of--
       ``(i) the leave categories described in subparagraph (A); 
     and
       ``(ii) other leave authorized by law;
       ``(C) baseline factors that an agency shall consider when 
     making a determination that the continued presence of an 
     employee in the workplace may--
       ``(i) pose a threat to the employee or others;
       ``(ii) result in the destruction of evidence relevant to an 
     investigation;
       ``(iii) result in loss or damage to Government property; or
       ``(iv) otherwise jeopardize legitimate Government 
     interests; and
       ``(D) procedures and criteria for the approval of an 
     extension of a period of investigative leave under subsection 
     (d) or (e).
       ``(2) Agency action.--Not later than 1 year after the date 
     on which the Director prescribes regulations under paragraph 
     (1), each agency shall revise and implement the internal 
     policies of the agency to meet the requirements of this 
     section.
       ``(i) Relation to Other Laws.--Notwithstanding subsection 
     (a) of section 7421 of title 38, this section shall apply to 
     an employee described in subsection (b) of that section.''.
       (2) Personnel action.--Section 2302(a)(2)(A) of title 5, 
     United States Code, is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) by redesignating clause (xii) as clause (xiii); and
       (C) by inserting after clause (xi) the following:
       ``(xii) a determination made by an agency under section 
     6329b(c)(1) that the continued presence of an employee in the 
     workplace during an investigation of the employee or while 
     the employee is in a notice period, if applicable, may--
       ``(I) pose a threat to the employee or others;
       ``(II) result in the destruction of evidence relevant to an 
     investigation;
       ``(III) result in loss of or damage to Government property; 
     or
       ``(IV) otherwise jeopardize legitimate Government 
     interests; and''.
       (3) GAO report.--Not later than 5 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall report to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives on the results of an evaluation of the 
     implementation of the authority provided under sections 6329a 
     and 6329b of title 5, United States Code, as added by 
     subsection (c)(1) and paragraph (1) of this subsection, 
     respectively, including--
       (A) an assessment of agency use of the authority provided 
     under subsection (e) of such section 6329b, including data 
     regarding--
       (i) the number and length of extensions granted under that 
     subsection; and
       (ii) the number of times that the Director of the Office of 
     Personnel Management, under paragraph (3) of that 
     subsection--

       (I) concurred with the decision of an agency to grant an 
     extension; and
       (II) did not concur with the decision of an agency to grant 
     an extension, including the bases for those opinions of the 
     Director;

       (B) recommendations to Congress, as appropriate, on the 
     need for extensions beyond the extensions authorized under 
     subsection (d) of such section 6329b; and
       (C) a review of the practice of agency placement of an 
     employee in investigative or notice leave under subsection 
     (b) of such section 6329b because of a determination under 
     subsection (c)(1)(D) of that section that the employee 
     jeopardized legitimate Government interests, including the 
     extent to which such determinations were supported by 
     evidence.
       (4) Telework.--Section 6502 of title 5, United States Code, 
     is amended by adding at the end the following:
       ``(c) Required Telework.--If an agency determines under 
     section 6329b(c)(1) that the continued presence of an 
     employee in the workplace during an investigation of the 
     employee or while the employee is in a notice period, if 
     applicable, may pose 1 or more of the threats described in 
     that section and the employee is eligible to telework under 
     subsections (a) and (b) of this section, the agency may 
     require the employee to telework for the duration of the 
     investigation or the notice period, if applicable.''.
       (5) Technical and conforming amendment.--The table of 
     sections for subchapter II of chapter 63 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 6329a, as added by this section, the following:

``6329b. Investigative leave and notice leave.''.

       (e) Leave for Weather and Safety Issues.--
       (1) In general.--Subchapter II of chapter 63 of title 5, 
     United States Code, as amended by this section, is further 
     amended by adding at the end the following:

     ``Sec. 6329c. Weather and safety leave

       ``(a) Definitions.--In this section--
       ``(1) the term `agency'--
       ``(A) means an Executive agency (as defined in section 105 
     of this title); and
       ``(B) does not include the Government Accountability 
     Office; and
       ``(2) the term `employee'--

[[Page S3372]]

       ``(A) has the meaning given the term in section 2105; and
       ``(B) does not include an intermittent employee who does 
     not have an established regular tour of duty during the 
     administrative workweek.
       ``(b) Leave for Weather and Safety Issues.--An agency may 
     approve the provision of leave under this section to an 
     employee or a group of employees without loss of or reduction 
     in the pay of the employee or employees, leave to which the 
     employee or employees are otherwise entitled, or credit to 
     the employee or employees for time or service only if the 
     employee or group of employees is prevented from safely 
     traveling to or performing work at an approved location due 
     to--
       ``(1) an act of God;
       ``(2) a terrorist attack; or
       ``(3) another condition that prevents the employee or group 
     of employees from safely traveling to or performing work at 
     an approved location.
       ``(c) Records.--An agency shall record leave provided under 
     this section separately from leave authorized under any other 
     provision of law.
       ``(d) Regulations.--Not later than 1 year after the date of 
     enactment of this section, the Director of the Office of 
     Personnel Management shall prescribe regulations to carry out 
     this section, including--
       ``(1) guidance to agencies regarding the appropriate 
     purposes for providing leave under this section; and
       ``(2) the proper recording of leave provided under this 
     section.
       ``(e) Relation to Other Laws.--Notwithstanding subsection 
     (a) of section 7421 of title 38, this section shall apply to 
     an employee described in subsection (b) of that section.''.
       (2) Technical and conforming amendment.--The table of 
     sections for subchapter II of chapter 63 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 6329b, as added by this section, the following:

``6329c. Weather and safety leave.''.

       (f) Additional Oversight.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall complete a review of agency 
     policies to determine whether agencies have complied with the 
     requirements of this section and the amendments made by this 
     section.
       (2) Report to congress.--Not later than 90 days after 
     completing the review under paragraph (1), the Director shall 
     submit to Congress a report evaluating the results of the 
     review.

     SEC. 6402. UNITED STATES GOVERNMENT REVIEW OF CERTAIN FOREIGN 
                   FIGHTERS.

       (a) Review.--Not later than 30 days after the date of 
     enactment of this Act, the President, acting through the 
     Secretary, shall initiate a review of known instances since 
     2011 in which a person has traveled or attempted to travel to 
     a conflict zone in Iraq or Syria from the United States to 
     join or provide material support or resources to a terrorist 
     organization.
       (b) Scope of Review.--The review under subsection (a) 
     shall--
       (1) include relevant unclassified and classified 
     information held by the United States Government related to 
     each instance described in subsection (a);
       (2) ascertain which factors, including operational issues, 
     security vulnerabilities, systemic challenges, or other 
     issues, which may have undermined efforts to prevent the 
     travel of persons described in subsection (a) to a conflict 
     zone in Iraq or Syria from the United States, including 
     issues related to the timely identification of suspects, 
     information sharing, intervention, and interdiction; and
       (3) identify lessons learned and areas that can be improved 
     to prevent additional travel by persons described in 
     subsection (a) to a conflict zone in Iraq or Syria, or other 
     terrorist safe haven abroad, to join or provide material 
     support or resources to a terrorist organization.
       (c) Information Sharing.--The President shall direct the 
     heads of relevant Federal agencies to provide the appropriate 
     information that may be necessary for the Secretary to 
     complete the review required under this section.
       (d) Submission to Congress.--Not later than 120 days after 
     the date of enactment of this Act, the Secretary, consistent 
     with the protection of classified information, shall submit a 
     report to the appropriate congressional committees that 
     includes the results of the review required under this 
     section, including information on travel routes of greatest 
     concern, as appropriate.
       (e) Prohibition on Additional Funding.--No additional funds 
     are authorized to be appropriated to carry out this section.
       (f) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Select Committee on Intelligence of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Armed Services of the Senate;
       (E) the Committee on Foreign Relations of the Senate;
       (F) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (G) the Committee on Appropriations of the Senate;
       (H) the Committee on Homeland Security of the House of 
     Representatives;
       (I) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (J) the Committee on the Judiciary of the House of 
     Representatives;
       (K) the Committee on Armed Services of the House of 
     Representatives;
       (L) the Committee on Foreign Affairs of the House of 
     Representatives;
       (M) the Committee on Appropriations of the House of 
     Representatives; and
       (N) the Committee on Financial Services of the House of 
     Representatives.
       (2) Material support or resources.--The term ``material 
     support or resources'' has the meaning given such term in 
     section 2339A of title 18, United States Code.

     SEC. 6403. NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL.

       (a) Sense of Congress.--It is the sense of Congress that it 
     should be the policy of the United States--
       (1) to continue to regularly assess the evolving terrorist 
     threat to the United States;
       (2) to catalog existing Federal Government efforts to 
     obstruct terrorist and foreign fighter travel into, out of, 
     and within the United States, and overseas;
       (3) to identify such efforts that may benefit from reform 
     or consolidation, or require elimination;
       (4) to identify potential security vulnerabilities in 
     United States defenses against terrorist travel; and
       (5) to prioritize resources to address any such security 
     vulnerabilities in a risk-based manner.
       (b) National Strategy and Updates.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the President shall submit a national 
     strategy to combat terrorist travel to the appropriate 
     congressional committees. The strategy shall address efforts 
     to intercept terrorists and foreign fighters and constrain 
     the domestic and international travel of such persons. 
     Consistent with the protection of classified information, the 
     strategy shall be submitted in unclassified form, including, 
     as appropriate, a classified annex.
       (2) Updated strategies.--Not later than 180 days after the 
     date on which a new President is inaugurated, the President 
     shall submit an updated version of the strategy described in 
     paragraph (1) to the appropriate congressional committees.
       (3) Coordination.--The President shall direct--
       (A) the Secretary to develop the initial national strategy 
     and updates required under this subsection; and
       (B) the heads of other Federal agencies, as appropriate, to 
     coordinate with the Secretary of Homeland Security in the 
     development of such strategy and updates.
       (4) Contents.--The strategy required under this subsection 
     shall--
       (A) include an accounting and description of all Federal 
     Government programs, projects, and activities designed to 
     constrain domestic and international travel by terrorists and 
     foreign fighters;
       (B) identify specific security vulnerabilities within the 
     United States and outside of the United States that may be 
     exploited by terrorists and foreign fighters;
       (C) delineate goals for--
       (i) closing the security vulnerabilities identified under 
     subparagraph (B); and
       (ii) enhancing the ability of the Federal Government to 
     constrain domestic and international travel by terrorists and 
     foreign fighters; and
       (D) describe the actions that will be taken to achieve the 
     goals delineated under subparagraph (C) and the means needed 
     to carry out such actions, including--
       (i) steps to reform, improve, and streamline existing 
     Federal Government efforts to align with the current threat 
     environment;
       (ii) new programs, projects, or activities that are 
     requested, under development, or undergoing implementation;
       (iii) new authorities or changes in existing authorities 
     needed from Congress;
       (iv) specific budget adjustments being requested to enhance 
     United States security in a risk-based manner; and
       (v) the Federal departments and agencies responsible for 
     the specific actions described in this subparagraph.
       (5) Sunset.--The requirement to submit updated national 
     strategies under this subsection shall terminate on the date 
     that is 7 years after the date of enactment of this Act.
       (c) Development of Implementation Plans.--For each national 
     strategy required under subsection (b), the President shall--
       (1) direct the Secretary to develop an implementation plan 
     for the Department; and
       (2) coordinate with the heads of other relevant Federal 
     agencies to ensure the development of implementing plans for 
     each such agency.
       (d) Implementation Plans.--
       (1) In general.--The President shall submit an 
     implementation plan developed under subsection (c) to the 
     appropriate congressional committees with each national 
     strategy required under subsection (b). Consistent with the 
     protection of classified information, each such 
     implementation plan shall be submitted in unclassified form, 
     but may include a classified annex.

[[Page S3373]]

       (2) Annual updates.--The President shall submit an annual 
     updated implementation plan to the appropriate congressional 
     committees during the 10-year period beginning on the date of 
     enactment of this Act.
       (e) Prohibition on Additional Funding.--No additional funds 
     are authorized to be appropriated to carry out this section.
       (f) Definition.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (2) the Committee on Armed Services of the Senate;
       (3) the Select Committee on Intelligence of the Senate;
       (4) the Committee on the Judiciary of the Senate;
       (5) the Committee on Foreign Relations of the Senate;
       (6) the Committee on Appropriations of the Senate;
       (7) the Committee on Homeland Security of the House of 
     Representatives;
       (8) the Committee on Armed Services of the House of 
     Representatives;
       (9) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (10) the Committee on the Judiciary of the House of 
     Representatives;
       (11) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (12) the Committee on Appropriations of the House of 
     Representatives.

     SEC. 6404. NORTHERN BORDER THREAT ANALYSIS.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives;
       (E) the Committee on Appropriations of the House of 
     Representatives; and
       (F) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Northern border.--The term ``Northern Border'' means 
     the land and maritime borders between the United States and 
     Canada.
       (b) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a Northern Border threat 
     analysis that includes--
       (1) current and potential terrorism and criminal threats 
     posed by individuals and organized groups seeking--
       (A) to enter the United States through the Northern Border; 
     or
       (B) to exploit border vulnerabilities on the Northern 
     Border;
       (2) improvements needed at and between ports of entry along 
     the Northern Border--
       (A) to prevent terrorists and instruments of terrorism from 
     entering the United States; and
       (B) to reduce criminal activity, as measured by the total 
     flow of illegal goods, illicit drugs, and smuggled and 
     trafficked persons moved in either direction across to the 
     Northern Border;
       (3) gaps in law, policy, cooperation between State, tribal, 
     and local law enforcement, international agreements, or 
     tribal agreements that hinder effective and efficient border 
     security, counter-terrorism, anti-human smuggling and 
     trafficking efforts, and the flow of legitimate trade along 
     the Northern Border; and
       (4) whether additional U.S. Customs and Border Protection 
     preclearance and preinspection operations at ports of entry 
     along the Northern Border could help prevent terrorists and 
     instruments of terror from entering the United States.
       (c) Analysis Requirements.--For the threat analysis 
     required under subsection (b), the Secretary shall consider 
     and examine--
       (1) technology needs and challenges;
       (2) personnel needs and challenges;
       (3) the role of State, tribal, and local law enforcement in 
     general border security activities;
       (4) the need for cooperation among Federal, State, tribal, 
     local, and Canadian law enforcement entities relating to 
     border security;
       (5) the terrain, population density, and climate along the 
     Northern Border; and
       (6) the needs and challenges of Department facilities, 
     including the physical approaches to such facilities.
       (d) Classified Threat Analysis.--To the extent possible, 
     the Secretary shall submit the threat analysis required under 
     subsection (b) in unclassified form. The Secretary may submit 
     a portion of the threat analysis in classified form if the 
     Secretary determines that such form is appropriate for that 
     portion.
                                 ______
                                 
  SA 4368. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 973 and insert the following:

     SEC. 973. MODERNIZATION OF SECURITY CLEARANCE INFORMATION 
                   TECHNOLOGY ARCHITECTURE.

       (a) In General.--The Secretary of Defense, in consultation 
     with the Director of National Intelligence and the Director 
     of the Office of Personnel Management, shall develop and 
     implement an information technology system (in this section 
     referred to as the ``System'') to--
       (1) modernize and sustain the security clearance 
     information architecture of the National Background 
     Investigations Bureau and the Department of Defense;
       (2) support decision-making processes for the evaluation 
     and granting of personnel security clearances;
       (3) improve cyber security capabilities with respect to 
     sensitive security clearance data and processes;
       (4) reduce the complexity and cost of the security 
     clearance process;
       (5) provide information to managers on the financial and 
     administrative costs of the security clearance process;
       (6) strengthen the ties between counterintelligence and 
     personnel security communities; and
       (7) improve system standardization in the security 
     clearance process.
       (b) Guidance Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary, in 
     consultation with the Director of National Intelligence and 
     the Director of the Office of Personnel Management, shall 
     issue guidance establishing the respective roles, 
     responsibilities, and obligations of the Secretary and 
     Directors with respect to the development and implementation 
     of the System.
       (c) Elements of System.--In developing the System under 
     subsection (a), the Secretary shall--
       (1) conduct a review of security clearance business 
     processes and, to the extent practicable, modify such 
     processes to maximize compatibility with the security 
     clearance information technology architecture to minimize the 
     need for customization of the System;
       (2) conduct business process mapping (as such term is 
     defined in section 2222(i) of title 10, United States Code) 
     of the business processes described in paragraph (1);
       (3) use spiral development and incremental acquisition 
     practices to rapidly deploy the System, including through the 
     use of prototyping and open architecture principles;
       (4) establish a process to identify and limit interfaces 
     with legacy systems and to limit customization of any 
     commercial information technology tools used;
       (5) establish automated processes for measuring the 
     performance goals of the System; and
       (6) incorporate capabilities for the continuous monitoring 
     of network security and the mitigation of insider threats to 
     the System.
       (d) Completion Date.--The Secretary shall complete the 
     development and implementation of the System by not later 
     than September 30, 2019.
       (e) Briefing.--Beginning on December 1, 2016, and on a 
     quarterly basis thereafter until the completion date of 
     implementation of the System under subsection (d), the 
     Secretary shall provide a briefing to the appropriate 
     committees of Congress on the progress of the Secretary in 
     developing and implementing the System.
       (f) Review of Applicable Laws.--The Secretary shall review 
     laws, regulations, and executive orders relating to the 
     maintenance of personnel security clearance information by 
     the Federal Government. Not later than 90 days after the date 
     of the enactment of this Act, the Secretary shall provide to 
     the appropriate committees of Congress a briefing that 
     includes--
       (1) the results of the review; and
       (2) recommendations, if any, for consolidating and 
     clarifying laws, regulations, and executive orders relating 
     to the maintenance of personnel security clearance 
     information by the Federal Government.
       (g) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Appropriations of the Senate, and the Select Committee on 
     Intelligence of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Oversight and Government Reform, the Committee on 
     Appropriations and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 4369. Mr. DURBIN (for himself, Mr. Cochran, Mr. Reid, Mr. Blunt, 
Ms. Mikulski, Ms. Murkowski, Mrs. Feinstein, Ms. Collins, Mrs. Murray, 
Mr. Casey, and Mr. Shelby) submitted an amendment intended to be 
proposed by him to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

[[Page S3374]]

  


     SEC. 764. TREATMENT OF CERTAIN PROVISIONS RELATING TO 
                   LIMITATIONS, TRANSPARENCY, AND OVERSIGHT 
                   REGARDING MEDICAL RESEARCH CONDUCTED BY THE 
                   DEPARTMENT OF DEFENSE.

       (a) Medical Research and Development Projects.--Section 
     756, relating to a prohibition on funding and conduct of 
     certain medical research and development projects by the 
     Department of Defense, shall have no force or effect.
       (b) Research, Development, Test, and Evaluation Efforts and 
     Procurement Activities Related to Medical Research.--Section 
     898, relating to a limitation on authority of the Secretary 
     of Defense to enter into contracts, grants, or cooperative 
     agreements for congressional special interest medical 
     research programs under the congressionally directed medical 
     research program of the Department of Defense, shall have no 
     force or effect.
                                 ______
                                 
  SA 4370. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       After section 1026, insert the following:

     SEC. 1026A. ADDITIONAL COUNTRIES UNDER PROHIBITION ON USE OF 
                   FUNDS TO TRANSFER OR RELEASE TO CERTAIN 
                   COUNTRIES INDIVIDUALS DETAINED AT UNITED STATES 
                   NAVAL STATION, GUANTANAMO BAY, CUBA.

       Section 1033 of the National Defense Authorization Act for 
     Fiscal Year 2016 (Public Law 114-92; 129 Stat. 968), as 
     amended by section 1026 of this Act, is further amended by 
     adding at the end the following new paragraphs:
       ``(5) Iran.
       ``(6) Sudan.''.
                                 ______
                                 
  SA 4371. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 1053(a) and insert the following:
       (a) Section 2576a of title 10, United States Code, is 
     amended by adding at the end the following new subsections:
       ``(g) Determination of Eligible Defense Items.--
       ``(1) Controlled defense items eligible for treatment.--
       ``(A) In general.--Subject to the provisions of this 
     paragraph, the controlled defense items that may be treated 
     as eligible defense items for purposes of this section shall 
     include items that--
       ``(i) can be readily put to civilian use by State and local 
     law enforcement agencies; and
       ``(ii) are suitable for transfer to State and local law 
     enforcement agencies pursuant to this section.
       ``(B) Initial eligible defense items.--The controlled 
     defense items to be treated as eligible defense items for 
     purposes of this section as of the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 2017 
     are the following:
       ``(i) Camouflage uniforms and clothing.
       ``(ii) Fixed wing manned aircraft.
       ``(iii) Rotary wing manned aircraft.
       ``(iv) Unmanned aerial vehicles.
       ``(v) Wheeled armored vehicles.
       ``(vi) Wheeled tactical vehicles.
       ``(vii) Specialized firearms and ammunition under .50-
     caliber.
       ``(viii) Explosives and pyrotechnics, including explosive 
     breaching tools.
       ``(ix) Breaching apparatus.
       ``(x) Riot batons.
       ``(C) Interpretation of this section.--Subparagraph (B) 
     shall supersede the equipment lists issued pursuant to 
     Executive Order 13688.
       ``(D) List of controlled defense items treatable as 
     eligible defense items.--The Secretary of Defense shall, 
     acting through the Director of the Defense Logistics Agency 
     and in consultation with the Working Group established by 
     Executive Order 13688, maintain, and periodically update, a 
     list of controlled defense items that are currently 
     appropriate for treatment as eligible defense items for 
     purposes of this section. The list shall be established and 
     maintained in accordance with the regulations for purposes of 
     this section under subsection (g).
       ``(2) Controlled defense items not eligible for 
     treatment.--
       ``(A) In general.--A controlled defense item may not be 
     treated as an eligible defense item for purposes of this 
     section if--
       ``(i) the item is made exclusively for the military; and
       ``(ii) the item, or a substantially similar item, cannot be 
     purchased by State or local law enforcement agencies in the 
     private sector even after the item is demilitarized.
       ``(B) Initial prohibited items.--Unless and until 
     determined otherwise by the Secretary for purposes of this 
     section, the controlled defense items that may not be treated 
     as eligible defense items for purposes of this section are 
     the following:
       ``(i) Tracked armored vehicles.
       ``(ii) Weaponized aircraft, vessels, and vehicles of any 
     kind.
       ``(iii) Firearms of .50-caliber or higher.
       ``(iv) Ammunition of .50-caliber or higher.
       ``(v) Grenades, flash bang grenades, grenade launchers, and 
     grenade launcher attachments.
       ``(vi) Bayonets.
       ``(vii) Mine Resistant Ambush Protected (MRAP) vehicles.
       ``(viii) Tasers developed primarily for use by the 
     military.
       ``(C) Interpretation of this section.--Subparagraph (B) 
     shall supersede the equipment lists issued pursuant to 
     Executive Order 13688.
       ``(D) List of controlled items not treatable as eligible 
     defense items.--The Secretary shall, acting through the 
     Director of the Defense Logistics Agency and in consultation 
     with the Working Group established pursuant to Executive 
     Order 13688, maintain, and periodically update, a list of 
     controlled defense items that are currently prohibited from 
     treatment as eligible defense items for purposes of this 
     section.
       ``(3) Return of items not treated as eligible defense items 
     not immediately required.--
       ``(A) Return of initial prohibited items not generally 
     required.--The regulations for purposes of this section shall 
     provide that a law enforcement agency in possession on the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2017 of a controlled defense item that is 
     not eligible for treatment as an eligible defense item 
     pursuant to paragraph (2)(B) shall not be required to return 
     such item to the Department pursuant to Executive Order 
     13688.
       ``(B) Return of items subsequently treated as not eligible 
     not required.--The regulations for purposes of this section 
     shall provide that a law enforcement agency in possession of 
     a controlled defense item that is no longer eligible for 
     treatment as an eligible defense item pursuant to paragraph 
     (2)(D) shall not be required to return such item to the 
     Department pursuant to Executive Order 13688.
       ``(C) Construction.--Nothing in this section shall be 
     construed to require a law enforcement agency, pursuant to 
     Executive Order 13688, to return to the Department equipment 
     obtained from the Federal Government, or obtained using 
     Federal funds, if such equipment was obtained by the agency 
     in a manner consistent with all applicable laws and 
     regulations.
       ``(D) Transfer of ownership.--Nothing in this section shall 
     be construed as a transfer of ownership of any equipment 
     obtained from the Federal Government pursuant to this 
     section.
       ``(h) Prohibition on Requirement for Timely Use of 
     Transferred Items.--The regulations for purposes of this 
     section may not require the use of an eligible defense item 
     transferred under this section within one year of the receipt 
     of the item by the State or local law enforcement agency 
     concerned.
       ``(i) Notice on Requests for Transfers to State and Local 
     Officials.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     State or local law enforcement agency may not request 
     transfer of an eligible defense item under this section, 
     including pursuant to interagency transfer under subsection 
     (t), unless the law enforcement agency has provided notice of 
     the request to the head and legislative body of the State or 
     political subdivision of a State of which the law enforcement 
     agency is an agency.
       ``(2) Exception.--
       ``(A) Items for undercover operations.--A State or local 
     law enforcement agency requesting transfer of an eligible 
     defense item is not required to comply with paragraph (1) if 
     the item requested is for an active undercover operation.
       ``(B) Alternative notice requirement.--A State or local law 
     enforcement agency receiving an item under this section 
     pursuant to a request covered by subparagraph (A) shall 
     notify the head and legislative body of the State or 
     political subdivision of a State of which the law enforcement 
     agency is an agency of the request not later than 10 business 
     days after operation concerned becomes an open record.
       ``(j) Training Requirements.--
       ``(1) Minimum training requirements for law enforcement 
     officers.--
       ``(A) In general.--On and after the date that is three 
     years after the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2017, eligible defense 
     items may not be transferred to a State or local law 
     enforcement agency of a State under this section unless the 
     Governor of the State (or the designee of the Governor) 
     certifies to the Director of the Defense Logistics Agency 
     that the State has in place minimum training requirements for 
     all sworn law enforcement officers in the State, including--
       ``(i) a requirement that anyone that has decision-making 
     authority on the deployment of a SWAT team attends the 
     National Tactical Officers Association unit commanders course 
     or an equivalent within 1 year of commencing the exercise of 
     such authority;

[[Page S3375]]

       ``(ii) specialized leadership training requirements for 
     unit commanders who have--

       ``(I) decision-making authority on the deployment of SWAT 
     teams and tactical military vehicles; or
       ``(II) responsibility for drafting policies on the use of 
     force and SWAT team deployment;

       ``(iii) annual specialized SWAT team training requirements 
     for all SWAT team members, including in law enforcement 
     tactics used in tactical operations;
       ``(iv) annual training requirements for all law enforcement 
     officers that are members of specialized tactical units other 
     than SWAT teams (including high-risk warrant service teams, 
     hostage rescue teams, and drug enforcement task forces);
       ``(v) annual training on the general policing standards of 
     the law enforcement agency on equipment such as eligible 
     defense items;
       ``(vi) annual training on sensitivity, including training 
     on ethnic and racial bias, cultural diversity, and police 
     interaction with the disabled, mentally ill, and new 
     immigrants;
       ``(vii) annual training in crowd control tactics for any 
     officers that may be called upon to participate in crowd 
     control efforts; and
       ``(viii) such other training as recommended by the 
     evaluation conducted pursuant to section 1051(d) of the 
     National Defense Authorization Act for Fiscal Year 2016.
       ``(B) Satisfaction by recent hirees.--The requirements 
     under subparagraph (A) shall provide for the first completion 
     of the training concerned by an individual who becomes an 
     officer in a law enforcement agency by not later than one 
     year after the date on which the individual becomes an 
     officer in the law enforcement agency.
       ``(C) Record-keeping.--Each law enforcement agency to which 
     eligible defense items are transferred pursuant to this 
     section shall retain training records of each office 
     authorized to use such items, either in the personnel file of 
     the officer or by the training division or equivalent entity 
     of the agency, for not less than three years after the date 
     on which the training occurs, and shall provide a copy of 
     such records to the Director of the Defense Logistics Agency 
     upon request.
       ``(2) Interpretation of this section.--The training 
     requirements in paragraph (1)(A) shall, for the purpose of 
     obtaining equipment under this section, supersede and 
     override the training requirements issued pursuant to 
     Executive Order 13688.
       ``(k) Construction With Other DLA Authority.--Nothing in 
     this section shall be construed to override, alter, or 
     supersede the authority of the Director of the Defense 
     Logistics Agency to dispose of property of the Department of 
     Defense that is not an eligible defense item to law 
     enforcement agencies under another other provision of law.
       ``(l) Definitions.--In this section:
       ``(1) The term `bayonet' means a large knife designed to be 
     attached to the muzzle of a rifle, shotgun, or long gun for 
     the purposes of hand-to-hand combat.
       ``(2) The term `breaching apparatus' means a tool designed 
     to provide law enforcement rapid entry into a building or 
     through a secured doorway, including battering rams or 
     similar entry devices, ballistic devices, and explosive 
     devices.
       ``(3) The term `controlled defense item' means property of 
     the Department of Defense that is subject to the restrictions 
     of the United States Munitions List (22 Code of Federal 
     Regulations Part 121) or the Commerce Control List (15 Code 
     of Federal Regulations Part 774).
       ``(4) The term `eligible defense item' means a controlled 
     defense item that is eligible for transfer to a law 
     enforcement agency pursuant to this section.
       ``(5) The term `fixed wing manned aircraft' means a powered 
     aircraft with a crew aboard, such as airplanes, that uses a 
     fixed wing for lift.
       ``(6) The term `grenade launcher' means a firearm or 
     firearm accessory designed to launch small explosive 
     projectiles.
       ``(7) The term `riot baton' means a non-expandable baton of 
     greater length than service-issued types that are intended to 
     protect its wielder during melees by providing distance from 
     assailants. The term does not include a service-issued 
     telescopic or fixed length straight baton.
       ``(8) The term `specialized firearm and ammunition under 
     .50-caliber' means a weapon and corresponding ammunition for 
     specialized operations or assignments. The term does not 
     include service-issued handguns, rifles, or shotguns that are 
     issued or approved by an agency to be used during the course 
     of regularly assigned duties.
       ``(9) The term `State Coordinator' means an individual 
     appointed by the Governor of a State--
       ``(A) to manage requests of State and local law enforcement 
     agencies of the State for eligible defense items; and
       ``(B) to ensure the appropriate use of eligible defense 
     items transferred under this section by such law enforcement 
     agencies.
       ``(10) The term `State or local law enforcement agency' 
     means a State or local agency or entity with law enforcement 
     officers that have arrest and apprehension authority and 
     whose primary function is to enforce the laws. The term 
     includes a local educational agency with such officers. The 
     term does not include a firefighting agency or entity.
       ``(11) The term `SWAT team' means a Special Weapons and 
     Tactics team or other specialized tactical team composed of 
     State or local sworn law enforcement officers.
       ``(12) The term `tactical military vehicle' means an 
     armored vehicle having military characteristics resulting 
     from military research and development processes that is 
     designed primarily for use by forces in the field in direct 
     connection with, or support of, combat or tactical 
     operations.
       ``(13) The term `tracked armored vehicle' means a vehicle 
     that provides ballistic protection to their occupants and 
     utilize a tracked system instead of wheels for forward 
     motion.
       ``(14) The term `unmanned aerial vehicle' means a remotely 
     piloted, powered aircraft without a crew aboard.
       ``(15) The term `wheeled armored vehicle' means any wheeled 
     vehicle either purpose-built or modified to provide ballistic 
     protection to its occupants, such as an Armored Personnel 
     Carrier.
       ``(16) The term `wheeled tactical vehicle' means a vehicle 
     purpose-built to operate onroad and offroad in support of 
     military operations, such as a HMMWV (`Humvee'), 2.5ton 
     truck, 5ton truck, or a vehicle with a breaching or entry 
     apparatus attached.''.

                          ____________________