[Congressional Record Volume 162, Number 83 (Wednesday, May 25, 2016)]
[Senate]
[Pages S3178-S3226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4142. Mr. NELSON (for himself, Mrs. Fischer, Mr. Booker, Mr. 
Thune, Mr. Sullivan, Ms. Cantwell, Mr. Wicker, Ms. Ayotte, and 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:

       In title XXXV of division C, strike section 3501 and insert 
     the following:

     SEC. 3500. SHORT TITLE.

       (a) Short Title.--This title may be cited as the ``Maritime 
     Administration Authorization and Enhancement Act for Fiscal 
     Year 2017''.

           Subtitle A--Maritime Administration Authorization

     SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

       There are authorized to be appropriated to the Department 
     of Transportation for fiscal year 2017, to be available 
     without fiscal year limitation if so provided in 
     appropriations Acts, for programs associated with maintaining 
     the United States merchant marine, the following amounts:
       (1) For expenses necessary for operations of the United 
     States Merchant Marine Academy, $99,902,000, of which--
       (A) $74,851,000 shall be for Academy operations; and
       (B) $25,051,000 shall remain available until expended for 
     capital asset management at the Academy.
       (2) For expenses necessary to support the State maritime 
     academies, $29,550,000, of which--
       (A) $2,400,000 shall remain available until September 30, 
     2018, for the Student Incentive Program;
       (B) $3,000,000 shall remain available until expended for 
     direct payments to such academies;
       (C) $22,000,000 shall remain available until expended for 
     maintenance and repair of State maritime academy training 
     vessels;

[[Page S3179]]

       (D) $1,800,000 shall remain available until expended for 
     training ship fuel assistance; and
       (E) $350,000 shall remain available until expended for 
     expenses to improve the monitoring of the service obligations 
     of graduates.
       (3) For expenses necessary to support the National Security 
     Multi-Mission Vessel Program, $6,000,000, which shall remain 
     available until expended.
       (4) For expenses necessary to support Maritime 
     Administration operations and programs, $57,142,000.
       (5) For expenses necessary to dispose of vessels in the 
     National Defense Reserve Fleet, $20,000,000, which shall 
     remain available until expended.
       (6) For the cost (as defined in section 502(5) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan 
     guarantees under the program authorized by chapter 537 of 
     title 46, United States Code, $3,000,000, which shall remain 
     available until expended for administrative expenses of the 
     program.

     SEC. 3502. MARITIME ADMINISTRATION AUTHORIZATION REQUEST.

       Section 109 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(k) Submission of Annual Maritime Administration 
     Authorization Request.--
       ``(1) In general.--Not later than 30 days after the date on 
     which the President submits to Congress a budget for a fiscal 
     year pursuant to section 1105 of title 31, the Maritime 
     Administrator shall submit a Maritime Administration 
     authorization request with respect to such fiscal year to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.
       ``(2) Defined term.--In this subsection, the term `Maritime 
     Administration authorization request' means a proposal for 
     legislation that, with respect to the Maritime Administration 
     for the relevant fiscal year--
       ``(A) recommends authorizations of appropriations for that 
     fiscal year; and
       ``(B) addresses any other matter that the Maritime 
     Administrator determines is appropriate for inclusion in a 
     Maritime Administration authorization bill.''.

 Subtitle B--Prevention of Sexual Harassment and Assault at the United 
                     States Merchant Marine Academy

     SEC. 3506. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND SEXUAL 
                   ASSAULT AT THE UNITED STATES MERCHANT MARINE 
                   ACADEMY.

       (a) Policy.--Chapter 513 of title 46, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 51318. Policy on sexual harassment and sexual assault

       ``(a) Required Policy.--
       ``(1) In general.--The Secretary of Transportation shall 
     direct the Superintendent of the United States Merchant 
     Marine Academy to prescribe a policy on sexual harassment and 
     sexual assault applicable to the cadets and other personnel 
     of the Academy.
       ``(2) Matters to be specified in policy.--The policy on 
     sexual harassment and sexual assault prescribed under this 
     subsection shall include--
       ``(A) a program to promote awareness of the incidence of 
     rape, acquaintance rape, and other sexual offenses of a 
     criminal nature that involve cadets or other Academy 
     personnel;
       ``(B) procedures that a cadet should follow in the case of 
     an occurrence of sexual harassment or sexual assault, 
     including--
       ``(i) specifying the person or persons to whom an alleged 
     occurrence of sexual harassment or sexual assault should be 
     reported by a cadet and the options for confidential 
     reporting;
       ``(ii) specifying any other person whom the victim should 
     contact; and
       ``(iii) procedures on the preservation of evidence 
     potentially necessary for proof of criminal sexual assault;
       ``(C) a procedure for disciplinary action in cases of 
     alleged criminal sexual assault involving a cadet or other 
     Academy personnel;
       ``(D) any other sanction authorized to be imposed in a 
     substantiated case of sexual harassment or sexual assault 
     involving a cadet or other Academy personnel in rape, 
     acquaintance rape, or any other criminal sexual offense, 
     whether forcible or nonforcible; and
       ``(E) required training on the policy for all cadets and 
     other Academy personnel, including the specific training 
     required for personnel who process allegations of sexual 
     harassment or sexual assault involving Academy personnel.
       ``(3) Availability of policy.--The Secretary shall ensure 
     that the policy developed under this subsection is available 
     to--
       ``(A) all cadets and employees of the Academy; and
       ``(B) the public.
       ``(4) Consultation and assistance.--In developing the 
     policy under this subsection, the Secretary may consult or 
     receive assistance from such Federal, State, local, and 
     national organizations and subject matter experts as the 
     Secretary considers appropriate.
       ``(b) Development Program.--
       ``(1) In general.--The Secretary of Transportation shall 
     ensure that the development program of the United States 
     Merchant Marine Academy includes a section that--
       ``(A) describes the relationship between honor, respect, 
     and character development and the prevention of sexual 
     harassment and sexual assault at the Academy; and
       ``(B) includes a brief history of the problem of sexual 
     harassment and sexual assault in the merchant marine, in the 
     Armed Forces, and at the Academy; and
       ``(C) includes information relating to reporting sexual 
     harassment and sexual assault, victims' rights, and dismissal 
     for offenders.
       ``(2) Training.--The Superintendent of the Academy shall 
     ensure that all cadets receive the training described in 
     paragraph (1)--
       ``(A) not later than 7 days after their initial arrival at 
     the Academy; and
       ``(B) biannually thereafter until they graduate or leave 
     the Academy.
       ``(c) Annual Assessment.--
       ``(1) In general.--The Secretary of Transportation, in 
     cooperation with the Superintendent of the Academy, shall 
     conduct an assessment at the Academy during each Academy 
     program year to determine the effectiveness of the policies, 
     procedures, and training of the Academy with respect to 
     sexual harassment and sexual assault involving cadets or 
     other Academy personnel.
       ``(2) Biennial survey.--For each assessment of the Academy 
     under paragraph (1) during an Academy program year that 
     begins in an odd-numbered calendar year, the Secretary shall 
     conduct a survey of cadets and other Academy personnel--
       ``(A) to measure--
       ``(i) the incidence, during that program year, of sexual 
     harassment and sexual assault events, on or off the Academy 
     campus, that have been reported to officials of the Academy; 
     and
       ``(ii) the incidence, during that program year, of sexual 
     harassment and sexual assault events, on or off the Academy 
     campus, that have not been reported to officials of the 
     Academy; and
       ``(B) to assess the perceptions of cadets and other Academy 
     personnel on--
       ``(i) the policies, procedures, and training on sexual 
     harassment and sexual assault involving cadets or Academy 
     personnel;
       ``(ii) the enforcement of the policies described in clause 
     (i);
       ``(iii) the incidence of sexual harassment and sexual 
     assault involving cadets or Academy personnel; and
       ``(iv) any other issues relating to sexual harassment and 
     sexual assault involving cadets or Academy personnel.
       ``(3) Focus groups for years when survey not required.--In 
     any year in which the Secretary of Transportation is not 
     required to conduct the survey described in paragraph (2), 
     the Secretary shall conduct focus groups at the Academy for 
     the purposes of ascertaining information relating to sexual 
     assault and sexual harassment issues at the Academy.
       ``(d) Annual Report.--
       ``(1) In general.--The Superintendent of the Academy shall 
     submit a report to the Secretary of Transportation that 
     provides information about sexual harassment and sexual 
     assault involving cadets or other personnel at the Academy 
     for each Academy program year.
       ``(2) Contents.--Each report submitted under paragraph (1) 
     shall include, for the Academy program year covered by the 
     report--
       ``(A) the number of sexual assaults, rapes, and other 
     sexual offenses involving cadets or other Academy personnel 
     that have been reported to Academy officials;
       ``(B) the number of the reported cases described in 
     subparagraph (A) that have been substantiated;
       ``(C) the policies, procedures, and training implemented by 
     the Superintendent and the leadership of the Academy in 
     response to sexual harassment and sexual assault involving 
     cadets or other Academy personnel; and
       ``(D) a plan for the actions that will be taken in the 
     following Academy program year regarding prevention of, and 
     response to, sexual harassment and sexual assault involving 
     cadets or other Academy personnel.
       ``(3) Survey and focus group results.--
       ``(A) Survey results.--Each report under paragraph (1) for 
     an Academy program year that begins in an odd-numbered 
     calendar year shall include the results of the survey 
     conducted in that program year under subsection (c)(2).
       ``(B) Focus group results.--Each report under paragraph (1) 
     for an Academy program year in which the Secretary of 
     Transportation is not required to conduct the survey 
     described (c)(2) shall include the results of the focus group 
     conducted in that program year under subsection (c)(3).
       ``(4) Reporting requirement.--
       ``(A) By the superintendent.--For each incident of sexual 
     harassment or sexual assault reported to the Superintendent 
     under this subsection, the Superintendent shall provide the 
     Secretary of Transportation and the Board of Visitors of the 
     Academy with a report that includes--
       ``(i) the facts surrounding the incident, except for any 
     details that would reveal the identities of the people 
     involved; and
       ``(ii) the Academy's response to the incident.
       ``(B) By the secretary.--The Secretary shall submit a copy 
     of each report received under subparagraph (A) and the 
     Secretary's comments on the report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     513 of title 46, United

[[Page S3180]]

     States Code, is amended by adding at the end the following:

``51318. Policy on sexual harassment and sexual assault.''.

     SEC. 3507. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL 
                   ASSAULT VICTIM ADVOCATES.

       (a) Coordinators and Advocates.--Chapter 513 of title 46, 
     United States Code, as amended by section 3506, is further 
     amended by adding at the end the following:

     ``Sec. 51319. Sexual assault response coordinators and sexual 
       assault victim advocates

       ``(a) Sexual Assault Response Coordinators.--The United 
     States Merchant Marine Academy shall employ or contract with 
     at least 1 full-time sexual assault response coordinator who 
     shall reside on or near the Academy. The Secretary of 
     Transportation may assign additional full-time or part-time 
     sexual assault response coordinators at the Academy as may be 
     necessary.
       ``(b) Volunteer Sexual Assault Victim Advocates.--
       ``(1) In general.--The Secretary of Transportation, acting 
     through the Superintendent of the United States Merchant 
     Marine Academy, shall designate 1 or more permanent employees 
     who volunteer to serve as advocates for victims of sexual 
     assaults involving--
       ``(A) cadets of the Academy; or
       ``(B) individuals who work with or conduct business on 
     behalf of the Academy.
       ``(2) Training; other duties.--Each victim advocate 
     designated under this subsection shall--
       ``(A) have or receive training in matters relating to 
     sexual assault and the comprehensive policy developed under 
     section 51318 of title 46, United States Code; and
       ``(B) serve as a victim advocate voluntarily, in addition 
     to the individual's other duties as an employee of the 
     Academy.
       ``(3) Primary duties.--While performing the duties of a 
     victim advocate under this subsection, a designated employee 
     shall--
       ``(A) support victims of sexual assault by informing them 
     of the rights and resources available to them as victims;
       ``(B) identify additional resources to ensure the safety of 
     victims of sexual assault; and
       ``(C) connect victims of sexual assault to an Academy 
     sexual assault response coordinator, or full-time or part-
     time victim advocate, who shall act as a companion in 
     navigating investigative, medical, mental and emotional 
     health, and recovery processes relating to sexual assault.
       ``(4) Companion.--At least 1 victim advocate designated 
     under this subsection, while performing the duties of a 
     victim advocate, shall act as a companion in navigating 
     investigative, medical, mental and emotional health, and 
     recovery processes relating to sexual assault.
       ``(5) Hotline.--The Secretary shall establish a 24-hour 
     hotline through which the victim of a sexual assault can 
     receive victim support services.
       ``(6) Formal relationships with other entities.--The 
     Secretary may enter into formal relationships with other 
     entities to make available additional victim advocates or to 
     implement paragraphs (3), (4), and (5).
       ``(7) Confidentiality.--Information disclosed by a victim 
     to an advocate designated under this subsection--
       ``(A) shall be treated by the advocate as confidential; and
       ``(B) may not be disclosed by the advocate without the 
     consent of the victim.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     513 of title 46, United States Code, is amended by adding at 
     the end the following:

``51319. Sexual assault response coordinators and sexual assault victim 
              advocates.''.

     SEC. 3508. REPORT FROM THE DEPARTMENT OF TRANSPORTATION 
                   INSPECTOR GENERAL.

       (a) In General.--Not later than March 31, 2018, the 
     Inspector General of the Department of Transportation shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that describes the effectiveness of the 
     sexual harassment and sexual assault prevention and response 
     program at the United States Merchant Marine Academy.
       (b) Contents.--The report required under subsection (a) 
     shall--
       (1) assess progress toward addressing any outstanding 
     recommendations;
       (2) include any recommendations to reduce the number of 
     sexual assaults involving members of the United States 
     Merchant Marine Academy, whether a member is the victim, the 
     alleged assailant, or both;
       (3) include any recommendations to improve the response of 
     the Department of Transportation and the United States 
     Merchant Marine Academy to reports of sexual assaults 
     involving members of the Academy, whether a members is the 
     victim, the alleged assailant, or both.
       (c) Expertise.--In compiling the report required under this 
     section, the inspection teams acting under the direction of 
     the Inspector General shall--
       (1) include at least 1 member with expertise and knowledge 
     of sexual assault prevention and response policies; or
       (2) consult with subject matter experts in the prevention 
     of and response to sexual assaults.

     SEC. 3509. SEXUAL ASSAULT PREVENTION AND RESPONSE WORKING 
                   GROUP.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Maritime Administrator shall 
     convene a working group to examine methods to improve the 
     prevention of, and response to, any sexual harassment or 
     sexual assault that occurs during a Cadet's Sea Year 
     experience with the United States Merchant Marine Academy.
       (b) Membership.--The Maritime Administrator shall designate 
     individuals to serve as members of the working group convened 
     pursuant to subsection (a). Membership in the working group 
     shall consist of--
       (1) a representative of the Maritime Administration, which 
     shall serve as chair of the working group;
       (2) the Superintendent of the Academy, or designee;
       (3) the sexual assault response coordinator appointed under 
     section 51319 of title 46, United States Code;
       (4) a subject matter expert from the Coast Guard;
       (5) a subject matter expert from the Military Sealift 
     Command;
       (6) at least 1 representative from each of the State 
     maritime academies;
       (7) at least 1 representative from each private contracting 
     party participating in the maritime security program;
       (8) at least 1 representative from each nonprofit labor 
     organization representing a class or craft of employees 
     employed on vessels in the Maritime Security Fleet;
       (9) at least 2 representatives from approved maritime 
     training institutions; and
       (10) at least 1 representative from companies that--
       (A) participate in sea training of Academy cadets; and
       (B) do not participate in the maritime security program.
       (c) No Quorum Requirement.--The Maritime Administration may 
     convene the working group without all members present.
       (d) Responsibilities.--The working group shall--
       (1) evaluate options that could promote a climate of honor 
     and respect, and a culture that is intolerant of sexual 
     harassment and sexual assault and those who commit it, across 
     the United States Flag Fleet;
       (2) raise awareness of the United States Merchant Marine 
     Academy's sexual assault prevention and response program 
     across the United States Flag Fleet;
       (3) assess options that could be implemented by the United 
     States Flag Fleet that would remove any barriers to the 
     reporting of sexual harassment and sexual assault response 
     that occur during a Cadet's Sea Year experience and protect 
     the victim's confidentiality;
       (4) assess a potential program or policy, applicable to all 
     participants of the maritime security program, to improve the 
     prevention of, and response to, sexual harassment and sexual 
     assault incidents;
       (5) assess a potential program or policy, applicable to all 
     vessels operating in the United States Flag Fleet that 
     participate in the Maritime Security Fleet under section 
     53101 of title 46, United States Code, which carry cargos to 
     which chapter 531 of such title applies, or are chartered by 
     a Federal agency, requiring crews to complete a sexual 
     harassment and sexual assault prevention and response 
     training program before the Cadet's Sea Year that includes--
       (A) fostering a shipboard climate--
       (i) that does not tolerate sexual harassment and sexual 
     assault;
       (ii) in which persons assigned to vessel crews are 
     encouraged to intervene to prevent potential incidents of 
     sexual harassment or sexual assault; and
       (iii) that encourages victims of sexual assault to report 
     any incident of sexual harassment or sexual assault; and
       (B) understanding the needs of, and the resources available 
     to, a victim after an incident of sexual harassment or sexual 
     assault;
       (6) assess whether the United States Merchant Marine 
     Academy should continue with sea year training on privately 
     owned vessels or change its curricula to provide alternative 
     training; and
       (7) assess how vessel operators could ensure the 
     confidentiality of a report of sexual harassment or sexual 
     assault in order to protect the victim and prevent 
     retribution.
       (e) Report.--Not later than 15 months after the date of the 
     enactment of this Act, the working group shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that includes--
       (1) recommendations on each of the working group's 
     responsibilities described in subsection (d);
       (2) the trade-offs, opportunities, and challenges 
     associated with the recommendations made in paragraph (1); 
     and
       (3) any other information the working group determines 
     appropriate.

            Subtitle C--Maritime Administration Enhancement

     SEC. 3511. STATUS OF NATIONAL DEFENSE RESERVE FLEET VESSELS.

       Section 4405 of title 50, United States Code, is amended--
       (1) in subsection (a), by adding at the end the following: 
     ``Vessels in the National Defense Reserve Fleet, including 
     vessels loaned to State maritime academies, shall be 
     considered public vessels of the United States.''; and

[[Page S3181]]

       (2) by adding at the end the following:
       ``(g) Vessel Status.--Ships or other watercraft in the 
     National Defense Reserve Fleet determined by the Maritime 
     Administration to be of insufficient value to remain in the 
     National Defense Reserve Fleet--
       ``(1) shall remain vessels (as defined in section 3 of 
     title 1); and
       ``(2) shall remain subject to the rights and 
     responsibilities of a vessel under admiralty law until such 
     time as the vessel is delivered to a dismantling facility or 
     is otherwise disposed of from the National Defense Reserve 
     Fleet.''.

     SEC. 3512. PORT INFRASTRUCTURE DEVELOPMENT.

       Section 50302(c)(4) of title 46, United States Code, is 
     amended--
       (1) by striking ``There are authorized'' and inserting the 
     following:
       ``(A) In general.--There are authorized''; and
       (2) by adding at the end the following:
       ``(B) Administrative expenses.--Except as otherwise 
     provided by law, the Administrator may use not more than 3 
     percent of the amounts appropriated to carry out this section 
     for the administrative expenses of the program.''.

     SEC. 3513. USE OF STATE ACADEMY TRAINING VESSELS.

       Section 51504(g) of title 46, United States Code, is 
     amended to read as follows:
       ``(g) Vessel Sharing.--The Secretary, after consulting with 
     the affected State maritime academies, may implement a 
     program requiring a State maritime academy to share its 
     training vessel with another State maritime academy if the 
     vessel of another State maritime academy--
       ``(1) is being used during a humanitarian assistance or 
     disaster response activity;
       ``(2) is incapable of being maintained in good repair as 
     required under subsection (c);
       ``(3) requires maintenance or repair for an extended 
     period;
       ``(4) is activated as a National Defense Reserve Fleet 
     vessel pursuant to section 4405 of title 50;
       ``(5) loses its Coast Guard Certificate of Inspection or 
     its classification; or
       ``(6) does not comply with applicable environmental 
     regulations.''.

     SEC. 3514. STATE MARITIME ACADEMY PHYSICAL STANDARDS AND 
                   REPORTING.

       Section 51506 of title 46, United States Code, is amended-
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``must'' and inserting ``shall'';
       (B) in paragraph (2), by striking ``and'' at the end;
       (C) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(4) agree that any individual enrolled at such State 
     maritime academy in a merchant marine officer preparation 
     program--
       ``(A) shall, not later than 9 months after each such 
     individual's date of enrollment, pass an examination in form 
     and substance satisfactory to the Secretary that demonstrates 
     that such individual meets the medical and physical 
     requirements--
       ``(i) required for the issuance of an original license 
     under section 7101; or
       ``(ii) set by the Coast Guard for issuing merchant 
     mariners' documentation under section 7302, with no limit to 
     his or her operational authority;
       ``(B) following passage of the examination under 
     subparagraph (A), shall continue to meet the requirements or 
     standards described in subparagraph (A) throughout the 
     remainder of their respective enrollments at the State 
     maritime academy; and
       ``(C) if the individual has a medical or physical condition 
     that disqualifies him or her from meeting the requirements or 
     standards referred to in subparagraph (A), shall be 
     transferred to a program other than a merchant marine officer 
     preparation program, or otherwise appropriately disenrolled 
     from such State maritime academy, until the individual 
     demonstrates to the Secretary that the individual meets such 
     requirements or standards.''; and
       (2) by adding at the end the following:
       ``(c) Secretarial Waiver Authority.--The Secretary is 
     authorized to modify or waive any of the terms set forth in 
     subsection (a)(4) with respect to any individual or State 
     maritime academy.''.

     SEC. 3515. AUTHORITY TO EXTEND CERTAIN AGE RESTRICTIONS 
                   RELATING TO VESSELS PARTICIPATING IN THE 
                   MARITIME SECURITY FLEET.

       (a) In General.--Section 53102 of title 46, United States 
     Code, is amended by adding at the end the following:
       ``(g) Authority for Extension of Maximum Service Age for a 
     Participating Fleet Vessel.--The Secretary of Defense, in 
     conjunction with the Secretary of Transportation, may extend 
     the maximum age restrictions under sections 53101(5)(A)(ii) 
     and 53106(c)(3) for a particular participating fleet vessel 
     for up to 5 years if the Secretary of Defense and the 
     Secretary of Transportation jointly determine that such 
     extension is in the national interest.''.
       (b) Repeal of Unnecessary Age Limitation.--Section 
     53106(c)(3) of such title is amended--
       (1) in subparagraph (A), by striking ``or (C);'' and 
     inserting ``; or'';
       (2) in subparagraph (B), by striking ``; or'' at the end 
     and inserting a period; and
       (3) by striking subparagraph (C).

     SEC. 3516. APPOINTMENTS.

       (a) In General.--Section 51303 of title 46, United States 
     Code, is amended by striking ``40'' and inserting ``50''.
       (b) Class Profile.--Not later than August 31 of each year, 
     the Superintendent of the United States Merchant Marine 
     Academy shall post on the Academy's public website a summary 
     profile of each class at the Academy.
       (c) Contents.--Each summary profile posted under subsection 
     (b) shall include, for the incoming class and for the 4 
     classes that precede the incoming class, the number and 
     percentage of students--
       (1) by State;
       (2) by country;
       (3) by gender;
       (4) by race and ethnicity; and
       (5) with prior military service.

     SEC. 3517. HIGH-SPEED CRAFT CLASSIFICATION SERVICES.

       (a) In General.--Notwithstanding section 3316(a) of title 
     46, United States Code, the Secretary of the Navy may use the 
     services of an approved classification society for only a 
     high-speed craft that--
       (1) was acquired by the Secretary from the Maritime 
     Administration;
       (2) is not a high-speed naval combatant, patrol vessel, 
     expeditionary vessel, or other special purpose military or 
     law enforcement vessel;
       (3) is operated for commercial purposes;
       (4) is not operated or crewed by any department, agency, 
     instrumentality, or employee of the United States Government;
       (5) is not directly engaged in any mission or other 
     operation for or on behalf of any department, agency, 
     instrumentality, or employee of the United States Government; 
     and
       (6) is not primarily designed to carry freight owned, 
     leased, used, or contracted for or by the United States 
     Government.
       (b) Definition of Approved Classification Society.--In this 
     section, the term ``approved classification society'' means a 
     classification society that has been approved by the 
     Secretary of the department in which the Coast Guard is 
     operating under section 3316(c) of title 46, United States 
     Code.
       (c) Savings Clause.--Nothing in this section may be 
     construed to affect the requirements under section 3316 of 
     title 46, United States Code, for a high-speed craft that 
     does not meet the conditions under paragraphs (1) through (6) 
     of subsection (a).

     SEC. 3518. MARITIME WORKFORCE WORKING GROUP.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall convene a working group to examine and assess the size 
     of the pool of citizen mariners necessary to support the 
     United States Flag Fleet in times of national emergency.
       (b) Membership.--The Maritime Administrator shall designate 
     individuals to serve as members of the working group convened 
     under subsection (a). The working group shall include, at a 
     minimum, the following members:
       (1) At least 1 representative of the Maritime 
     Administration, who shall serve as chairperson of the working 
     group.
       (2) At least 1 subject matter expert from the United States 
     Merchant Marine Academy.
       (3) At least 1 subject matter expert from the Coast Guard.
       (4) At least 1 subject matter expert from the Military 
     Sealift Command.
       (5) 1 subject matter expert from each of the State maritime 
     academies.
       (6) At least 1 representative from each nonprofit labor 
     organization representing a class or craft of employees 
     (licensed or unlicensed) who are employed on vessels 
     operating in the United States Flag Fleet.
       (7) At least 4 representatives of owners of vessels 
     operating the in United States Flag Fleet, or their private 
     contracting parties, which are primarily operating in non-
     contiguous or coastwise trades.
       (8) At least 4 representatives of owners of vessels 
     operating the in United States Flag Fleet, or their private 
     contracting parties, which are primarily operating in 
     international transportation.
       (c) No Quorum Requirement.--The Maritime Administration may 
     convene the working group without all members present.
       (d) Responsibilities.--The working group shall--
       (1) identify the number of United States citizen mariners--
       (A) in total;
       (B) that have a valid United States Coast Guard merchant 
     mariner credential with the necessary endorsements for 
     service on unlimited tonnage vessels subject to the 
     International Convention on Standards of Training, 
     Certification and Watchkeeping for Seafarers, 1978, as 
     amended;
       (C) that are involved in Federal programs that support the 
     United States Merchant Marine and United States Flag Fleet;
       (D) that are available to crew the United States Flag Fleet 
     and the surge sealift fleet in times of a national emergency;
       (E) that are full-time mariners;
       (F) that have sailed in the prior 18 months; and
       (G) that are primarily operating in non-contiguous or 
     coastwise trades;
       (2) assess the impact on the United States Merchant Marine 
     and United States Merchant Marine Academy if graduates from 
     State maritime academies and the United States Merchant 
     Marine Academy were assigned to, or required to fulfill, 
     certain maritime positions based on the overall needs of the 
     United States Merchant Marine;
       (3) assess the Coast Guard Merchant Mariner Licensing and 
     Documentation System,

[[Page S3182]]

     which tracks merchant mariner credentials and medical 
     certificates, and its accessibility and value to the Maritime 
     Administration for the purposes of evaluating the pool of 
     United States citizen mariners; and
       (4) make recommendations to enhance the availability and 
     quality of interagency data, including data from the United 
     States Transportation Command, the Coast Guard, and the 
     Bureau of Transportation Statistics, for use by the Maritime 
     Administration for evaluating the pool of United States 
     citizen mariners.
       (e) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of Transportation shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains the results of the study 
     conducted under this section, including--
       (1) the number of United States citizen mariners identified 
     for each category described in subparagraphs (A) through (G) 
     of subsection (d)(1);
       (2) the results of the assessments conducted under 
     paragraphs (2) and (3) of subsection (d); and
       (3) the recommendations made under subsection (d)(4).

     SEC. 3519. VESSEL DISPOSAL PROGRAM.

       (a) Annual Report.--Not later than January 1 of each year, 
     the Administrator of the Maritime Administration shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the management of the vessel disposal program of the Maritime 
     Administration.
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) the total amount of funds credited in the prior fiscal 
     year to--
       (A) the Vessel Operations Revolving Fund established by 
     section 50301(a) of title 46, United States Code; and
       (B) any other account attributable to the vessel disposal 
     program of the Maritime Administration;
       (2) the balance of funds available at the end of that 
     fiscal year in--
       (A) the Vessel Operations Revolving Fund; and
       (B) any other account described in paragraph (1)(B);
       (3) in consultation with the Secretary of the Interior, the 
     total number of--
       (A) grant applications under the National Maritime Heritage 
     Grants Program in the prior fiscal year; and
       (B) the applications under subparagraph (A) that were 
     approved by the Secretary of the Interior, acting through the 
     National Maritime Initiative of the National Park Service;
       (4) a detailed description of each project funded under the 
     National Maritime Heritage Grants Program in the prior fiscal 
     year for which funds from the Vessel Operations Revolving 
     Funds were obligated, including the information described in 
     paragraphs (1) through (3) of section 308703(j) of title 54, 
     United States Code; and
       (5) a detailed description of the funds credited to and 
     distributions from the Vessel Operations Revolving Funds in 
     the prior fiscal year.
       (c) Assessments.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and biennially thereafter, the 
     Administrator shall assess the vessel disposal program of the 
     Maritime Administration.
       (2) Contents.--Each assessment under paragraph (1) shall 
     include--
       (A) an inventory of each vessel, subject to a disposal 
     agreement, for which the Maritime Administration acts as the 
     disposal agent, including--
       (i) the age of the vessel; and
       (ii) the name of the Federal agency with which the Maritime 
     Administration has entered into a disposal agreement;
       (B) a description of each vessel of a Federal agency that 
     may meet the criteria for the Maritime Administration to act 
     as the disposal agent, including--
       (i) the age of the vessel; and
       (ii) the name of the applicable Federal agency;
       (C) the Maritime Administration's plan to serve as the 
     disposal agent, as appropriate, for the vessels described in 
     subparagraph (B); and
       (D) any other information related to the vessel disposal 
     program that the Administrator determines appropriate.
       (d) Cessation of Effectiveness.--This section ceases to be 
     effective on the date that is 5 years after the date of 
     enactment of this Act.

     SEC. 3520. MARITIME EXTREME WEATHER TASK FORCE.

       (a) Establishment of Task Force.--Not later than 15 days 
     after the date of enactment of this Act, the Secretary of 
     Transportation shall establish a task force to analyze the 
     impact of extreme weather events, such as in the maritime 
     environment (referred to in this section as the ``Task 
     Force'').
       (b) Membership.--The Task Force shall be composed of--
       (1) the Secretary or the Secretary's designee; and
       (2) a representative of--
       (A) the Coast Guard;
       (B) the National Oceanic and Atmospheric Administration;
       (C) the Federal Maritime Commission; and
       (D) such other Federal agency or independent commission as 
     the Secretary considers appropriate.
       (c) Report.--
       (1) In general.--Except as provided in paragraph (4), not 
     later than 180 days after the date it is established under 
     subsection (a), the Task Force shall submit to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the analysis under 
     subsection (a).
       (2) Contents.--The report under paragraph (1) shall 
     include--
       (A) an identification of available weather prediction, 
     monitoring, and routing technology resources;
       (B) an identification of industry best practices relating 
     to response to, and prevention of marine casualties from, 
     extreme weather events;
       (C) a description of how the resources described in 
     subparagraph (A) are used in the various maritime sectors, 
     including by passenger and cargo vessels;
       (D) recommendations for improving maritime response 
     operations to extreme weather events and preventing marine 
     casualties from extreme weather events, such as promoting the 
     use of risk communications and the technologies identified 
     under subparagraph (A); and
       (E) recommendations for any legislative or regulatory 
     actions for improving maritime response operations to extreme 
     weather events and preventing marine casualties from extreme 
     weather events.
       (3) Publication.--The Secretary shall make the report under 
     paragraph (1) and any notification under paragraph (4) 
     publicly accessible in an electronic format.
       (4) Imminent threats.--The Task Force shall immediately 
     notify the Secretary of any finding or recommendations that 
     could protect the safety of an individual on a vessel from an 
     imminent threat of extreme weather.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

    Subtitle D--Implementation of Workforce Management Improvements

     SEC. 3521. WORKFORCE PLANS AND ONBOARDING POLICIES.

       (a) Workforce Plans.--Not later than 9 months after the 
     date of the enactment of this Act, the Maritime Administrator 
     shall review the Maritime Administration's workforce plans, 
     including its Strategic Human Capital Plan and Leadership 
     Succession Plan, and fully implement competency models for 
     mission-critical occupations, including--
       (1) leadership positions;
       (2) human resources positions; and
       (3) transportation specialist positions.
       (b) Onboarding Policies.--Not later than 9 months after the 
     date of the enactment of this Act, the Administrator shall--
       (1) review the Maritime Administration's policies related 
     to new hire orientation, training, and misconduct policies;
       (2) align the onboarding policies and procedures at 
     headquarters and the field offices to ensure consistent 
     implementation and provision of critical information across 
     the Maritime Administration; and
       (3) update the Maritime Administration's training policies 
     and training systems to include controls that ensure that all 
     completed training is tracked in a standardized training 
     repository.
       (c) Onboarding Policies.--Not later than 1 year after the 
     date of the enactment of this Act, the Administrator shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that describes the Maritime Administration's 
     compliance with the requirements under this section.

     SEC. 3522. DRUG AND ALCOHOL POLICY.

       (a) Review.--Not later than 9 months after the date of the 
     enactment of this Act, the Maritime Administrator shall--
       (1) review the Maritime Administration's drug and alcohol 
     policies, procedures, and training practices;
       (2) ensure that all fleet managers have received training 
     on the Department of Transportation's drug and alcohol 
     policy, including the testing procedures used by the 
     Department and the Maritime Administration in cases of 
     reasonable suspicion; and
       (3) institute a system for tracking all drug and alcohol 
     policy training conducted under paragraph (2) in a 
     standardized training repository.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that describes the Maritime Administration's 
     compliance with the requirements under this section.

     SEC. 3523. VESSEL TRANSFERS.

       Not later than 9 months after the date of the enactment of 
     this Act, the Maritime Administrator shall submit a report to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives that describes the policies 
     and procedures for vessel transfer, including--

[[Page S3183]]

       (1) a summary of the actions taken to update the Vessel 
     Transfer Office procedures manual to reflect the current 
     range of program responsibilities and processes; and
       (2) a copy of the updated Vessel Transfer Office procedures 
     to process vessel transfer applications.

                    Subtitle E--Technical Amendments

     SEC. 3526. CLARIFYING AMENDMENT; CONTINUATION BOARDS.

       Section 290(a) of title 14, United States Code, is amended 
     by striking ``five officers serving in the grade of vice 
     admiral'' and inserting ``5 officers (other than the 
     Commandant) serving in the grade of admiral or vice 
     admiral''.

     SEC. 3527. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE 
                   MEDICAL CARE.

       (a) In General.--Chapter 13 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 520. Prospective payment of funds necessary to provide 
       medical care

       ``(a) Prospective Payment Required.--In lieu of the 
     reimbursement required under section 1085 of title 10, the 
     Secretary of Homeland Security shall make a prospective 
     payment to the Secretary of Defense of an amount that 
     represents the actuarial valuation of treatment or care--
       ``(1) that the Department of Defense shall provide to 
     members of the Coast Guard, former members of the Coast 
     Guard, and dependents of such members and former members 
     (other than former members and dependents of former members 
     who are a Medicare-eligible beneficiary or for whom the 
     payment for treatment or care is made from the Medicare-
     Eligible Retiree Health Care Fund) at facilities under the 
     jurisdiction of the Department of Defense or a military 
     department; and
       ``(2) for which a reimbursement would otherwise be made 
     under such section 1085.
       ``(b) Amount.--The amount of the prospective payment under 
     subsection (a)--
       ``(1) shall be derived from amounts appropriated for the 
     operating expenses of the Coast Guard for treatment or care 
     provided to members of the Coast Guard and their dependents;
       ``(2) shall be derived from amounts appropriated for 
     retired pay for treatment or care provided to former members 
     of the Coast Guard and their dependents;
       ``(3) shall be determined under procedures established by 
     the Secretary of Defense;
       ``(4) shall be paid during the fiscal year in which 
     treatment or care is provided; and
       ``(5) shall be subject to adjustment or reconciliation, as 
     the Secretary of Homeland Security and the Secretary of 
     Defense jointly determine appropriate, during or promptly 
     after such fiscal year if the prospective payment is 
     determined excessive or insufficient based on the services 
     actually provided.
       ``(c) No Prospective Payment When Service in Navy.--No 
     prospective payment shall be made under this section for any 
     period during which the Coast Guard operates as a service in 
     the Navy.
       ``(d) Relationship to TRICARE.--This section may not be 
     construed to require a payment for, or the prospective 
     payment of an amount that represents the value of, treatment 
     or care provided under any TRICARE program.''.
       (b) Clerical Amendment.--The analysis for chapter 13 of 
     title 14, United States Code, is amended by adding at the end 
     the following:

``520. Prospective payment of funds necessary to provide medical 
              care.''.

       (c) Repeal.--Section 217 of the Coast Guard Authorization 
     Act of 2016 (Public Law 114-120) and the item relating to 
     that section in the table of contents in section 2 of such 
     Act, are repealed.

     SEC. 3528. TECHNICAL CORRECTIONS TO TITLE 46, UNITED STATES 
                   CODE.

       (a) In General.--Title 46, United States Code, is amended--
       (1) in section 4503(f)(2), by striking ``that'' after 
     ``necessary,''; and
       (2) in section 7510(c)--
       (A) in paragraph (1)(D), by striking ``engine'' and 
     inserting ``engineer''; and
       (B) in paragraph (9), by inserting a period after ``App''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of the Coast 
     Guard Authorization Act of 2015 (Public Law 114-120).

     SEC. 3529. COAST GUARD USE OF THE PRIBILOF ISLANDS.

       (a) In General.--Section 522(a)(1) of the Pribilof Island 
     Transition Completion Act of 2015 (subtitle B of title V of 
     Public Law 114-120) is amended by striking ``Lots'' and 
     inserting ``Not later than 30 days after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2017, lots''.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of the Maritime Administration Authorization and 
     Enhancement Act for Fiscal Year 2017, the Secretary of the 
     department in which the Coast Guard is operating shall submit 
     a report to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Natural 
     Resources of the House of Representatives, and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives that describes--
       (1) the Coast Guard's use of Tracts 43 and 39, located on 
     St. Paul Island, Alaska, since operation of the LORAN-C 
     system was terminated;
       (2) the Coast Guard's plans for using the tracts described 
     in paragraph (1) during fiscal years 2016, 2017, and 2018; 
     and
       (3) the Coast Guard's plans for using the tracts described 
     in paragraph (1) and other facilities on St. Paul Island 
     after fiscal year 2018.

  Subtitle F--Polar Icebreaker Fleet Recapitalization Transparency Act

     SEC. 3531. SHORT TITLE.

       This subtitle may be cited as the ``Polar Icebreaker Fleet 
     Recapitalization Transparency Act''.

     SEC. 3532. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (2) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of the department 
     in which the Coast Guard is operating.

     SEC. 3533. POLAR ICEBREAKER RECAPITALIZATION PLAN.

       (a) Requirement.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with the Secretary of the Navy, shall submit to the 
     appropriate committees of Congress, a detailed 
     recapitalization plan to meet the 2013 Department of Homeland 
     Security Mission Need Statement.
       (b) Contents.--The plan required by subsection (a) shall--
       (1) detail the number of heavy and medium polar icebreakers 
     required to meet Coast Guard statutory missions in the polar 
     regions;
       (2) identify the vessel specifications, capabilities, 
     systems, equipment, and other details required for the design 
     of heavy polar icebreakers capable of fulfilling the mission 
     requirements of the Coast Guard and the Navy, and the 
     requirements of other agencies and department of the United 
     States, as the Secretary determines appropriate;
       (3) list the specific appropriations required for the 
     acquisition of each icebreaker, for each fiscal year, until 
     the full fleet is recapitalized;
       (4) describe the potential savings of serial acquisition 
     for new polar class icebreakers, including specific schedule 
     and acquisition requirements needed to realize such savings;
       (5) describe any polar icebreaking capacity gaps that may 
     arise based on the current fleet and current procurement 
     outlook; and
       (6) describe any additional polar icebreaking capability 
     gaps due to any further delay in procurement schedules.

     SEC. 3534. GAO REPORT ICEBREAKING CAPABILITY IN THE UNITED 
                   STATES.

       (a) Requirement.--Not later than 6 months after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the appropriate committees of 
     Congress a report on the current state of the United States 
     Federal polar icebreaking fleet.
       (b) Contents.--The report required by subsection (a) shall 
     include--
       (1) an analysis of the icebreaking assets in operation in 
     the United States and a description of the missions completed 
     by such assets;
       (2) an analysis of how such assets and the capabilities of 
     such assets are consistent, or inconsistent, with the polar 
     icebreaking mission requirements described in the 2013 
     Department of Homeland Security Mission Need Statement, the 
     Naval Operations Concept 2010, or other military and civilian 
     governmental missions in the United States;
       (3) an analysis of the gaps in icebreaking capability of 
     the United States based on the expected service life of the 
     fleet of United States icebreaking assets;
       (4) a list of countries that are allies of the United 
     States that have the icebreaking capacity to exercise 
     missions in the Arctic during any identified gap in United 
     States icebreaking capacity in a polar region; and
       (5) a description of the policy, financial, and other 
     barriers that have prevented timely recapitalization of the 
     Coast Guard polar icebreaking fleet and recommendations to 
     overcome such barriers, including potential international 
     fee-based models used to compensate governments for 
     icebreaking escorts or maintenance of maritime routes.

  Subtitle G--National Oceanic and Atmospheric Administration Sexual 
                 Harassment and Assault Prevention Act

     SEC. 3540. SHORT TITLE.

       This subtitle may be cited as the ``National Oceanic and 
     Atmospheric Administration Sexual Harassment and Assault 
     Prevention Act''.

   PART I--SEXUAL HARASSMENT AND ASSAULT PREVENTION AT THE NATIONAL 
                 OCEANIC AND ATMOSPHERIC ADMINISTRATION

     SEC. 3541. ACTIONS TO ADDRESS SEXUAL HARASSMENT AT NATIONAL 
                   OCEANIC AND ATMOSPHERIC ADMINISTRATION.

       (a) Required Policy.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary of Commerce 
     shall, acting through the Under Secretary for Oceans and 
     Atmosphere, develop a policy on the prevention of and 
     response to sexual harassment involving employees of the 
     National Oceanic and Atmospheric Administration, members of 
     the commissioned officer corps of the Administration, and 
     individuals who work with

[[Page S3184]]

     or conduct business on behalf of the Administration.
       (b) Matters to Be Specified in Policy.--The policy 
     developed under subsection (a) shall include--
       (1) establishment of a program to promote awareness of the 
     incidence of sexual harassment;
       (2) clear procedures an individual should follow in the 
     case of an occurrence of sexual harassment, including--
       (A) a specification of the person or persons to whom an 
     alleged occurrence of sexual harassment should be reported by 
     an individual and options for confidential reporting, 
     including--
       (i) options and contact information for after-hours 
     contact; and
       (ii) procedure for obtaining assistance and reporting 
     sexual harassment while working in a remote scientific field 
     camp, at sea, or in another field status; and
       (B) a specification of any other person whom the victim 
     should contact;
       (3) establishment of a mechanism by which--
       (A) questions regarding sexual harassment can be 
     confidentially asked and confidentially answered; and
       (B) incidents of sexual harassment can be confidentially 
     reported; and
       (4) a prohibition on retaliation and consequences for 
     retaliatory actions.
       (c) Consultation and Assistance.--In developing the policy 
     required by subsection (a), the Secretary may consult or 
     receive assistance from such State, local, and national 
     organizations and subject matter experts as the Secretary 
     considers appropriate.
       (d) Availability of Policy.--The Secretary shall ensure 
     that the policy developed under subsection (a) is available 
     to--
       (1) all employees of the Administration and members of the 
     commissioned officer corps of the Administration, including 
     those employees and members who conduct field work for the 
     Administration; and
       (2) the public.
       (e) Geographic Distribution of Equal Employment Opportunity 
     Personnel.--The Secretary shall ensure that at least 1 
     employee of the Administration who is tasked with handling 
     matters relating to equal employment opportunity or sexual 
     harassment is stationed--
       (1) in each region in which the Administration conducts 
     operations; and
       (2) in each marine and aviation center of the 
     Administration.
       (f) Quarterly Reports.--
       (1) In general.--Not less frequently than 4 times each 
     year, the Director of the Civil Rights Office of the 
     Administration shall submit to the Under Secretary a report 
     on sexual harassment in the Administration.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) Number of sexual harassment cases, both actionable and 
     non-actionable, involving individuals covered by the policy 
     developed under subsection (a).
       (B) Number of open actionable sexual harassment cases and 
     how long the cases have been open.
       (C) Such trends or region specific issues as the Director 
     may have discovered with respect to sexual harassment in the 
     Administration.
       (D) Such recommendations as the Director may have with 
     respect to sexual harassment in the Administration.

     SEC. 3542. ACTIONS TO ADDRESS SEXUAL ASSAULT AT NATIONAL 
                   OCEANIC AND ATMOSPHERIC ADMINISTRATION.

       (a) Comprehensive Policy on Prevention and Response to 
     Sexual Assaults.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of Commerce shall, 
     acting through the Under Secretary for Oceans and Atmosphere, 
     develop a comprehensive policy on the prevention of and 
     response to sexual assaults involving employees of the 
     National Oceanic and Atmospheric Administration, members of 
     the commissioned officer corps of the Administration, and 
     individuals who work with or conduct business on behalf of 
     the Administration.
       (b) Elements of Comprehensive Policy.--The comprehensive 
     policy developed under subsection (a) shall, at minimum, 
     address the following matters:
       (1) Prevention measures.
       (2) Education and training on prevention and response.
       (3) A list of support resources an individual may use in 
     the occurrence of sexual assault, including--
       (A) options and contact information for after-hours 
     contact; and
       (B) procedure for obtaining assistance and reporting sexual 
     assault while working in a remote scientific field camp, at 
     sea, or in another field status.
       (4) Easy and ready availability of information described in 
     paragraph (3).
       (5) Establishing a mechanism by which--
       (A) questions regarding sexual assault can be 
     confidentially asked and confidentially answered; and
       (B) incidents of sexual assault can be confidentially 
     reported.
       (6) Protocols for the investigation of complaints by 
     command and law enforcement personnel.
       (7) Prohibiting retaliation and consequences for 
     retaliatory actions against someone who reports a sexual 
     assault.
       (8) Oversight by the Under Secretary of administrative and 
     disciplinary actions in response to substantial incidents of 
     sexual assault.
       (9) Victim advocacy, including establishment of and the 
     responsibilities and training requirements for victim 
     advocates as described in subsection (c).
       (10) Availability of resources for victims of sexual 
     assault within other Federal agencies and State, local, and 
     national organizations.
       (c) Victim Advocacy.--
       (1) In general.--The Secretary, acting through the Under 
     Secretary, shall establish victim advocates to advocate for 
     victims of sexual assaults involving employees of the 
     Administration, members of the commissioned officer corps of 
     the Administration, and individuals who work with or conduct 
     business on behalf of the Administration.
       (2) Victim advocates.--For purposes of this subsection, a 
     victim advocate is a permanent employee of the Administration 
     who--
       (A) is trained in matters relating to sexual assault and 
     the comprehensive policy developed under subsection (a); and
       (B) serves as a victim advocate voluntarily and in addition 
     to the employee's other duties as an employee of the 
     Administration.
       (3) Primary duties.--The primary duties of a victim 
     advocate established under paragraph (1) shall include the 
     following:
       (A) Supporting victims of sexual assault and informing them 
     of their rights and the resources available to them as 
     victims.
       (B) Acting as a companion in navigating investigative, 
     medical, mental and emotional health, and recovery processes 
     relating to sexual assault.
       (C) Helping to identify resources to ensure the safety of 
     victims of sexual assault.
       (4) Location.--The Secretary shall ensure that at least 1 
     victim advocate established under paragraph (1) is 
     stationed--
       (A) in each region in which the Administration conducts 
     operations; and
       (B) in each marine and aviation center of the 
     Administration.
       (5) Hotline.--
       (A) In general.--In carrying out this subsection, the 
     Secretary shall establish a telephone number at which a 
     victim of a sexual assault can contact a victim advocate.
       (B) 24-hour access.--The Secretary shall ensure that the 
     telephone number established under subparagraph (A) is 
     monitored at all times.
       (6) Formal relationships with other entities.--The 
     Secretary may enter into formal relationships with other 
     entities to make available additional victim advocates.
       (d) Availability of Policy.--The Secretary shall ensure 
     that the policy developed under subsection (a) is available 
     to--
       (1) all employees of the Administration and members of the 
     commissioned officer corps of the Administration, including 
     those employees and members who conduct field work for the 
     Administration; and
       (2) the public.
       (e) Consultation and Assistance.--In developing the policy 
     required by subsection (a), the Secretary may consult or 
     receive assistance from such State, local, and national 
     organizations and subject matter experts as the Secretary 
     considers appropriate.

     SEC. 3543. RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT.

       A victim of a sexual assault covered by the comprehensive 
     policy developed under section 3542(a) has the right to be 
     reasonably protected from the accused.

     SEC. 3544. CHANGE OF STATION.

       (a) Change of Station, Unit Transfer, or Change of Work 
     Location of Victims.--
       (1) Timely consideration and action upon request.--The 
     Secretary of Commerce, acting through the Under Secretary for 
     Oceans and Atmosphere, shall--
       (A) in the case of a member of the commissioned officer 
     corps of the National Oceanic and Atmospheric Administration 
     who was a victim of a sexual assault, in order to reduce the 
     possibility of retaliation or further sexual assault, provide 
     for timely determination and action on an application 
     submitted by the victim for consideration of a change of 
     station or unit transfer of the victim; and
       (B) in the case of an employee of the Administration who 
     was a victim of a sexual assault, to the degree practicable 
     and in order to reduce the possibility of retaliation against 
     the employee for reporting the sexual assault, accommodate a 
     request for a change of work location of the victim.
       (2) Procedures.--
       (A) Period for approval and disapproval.--The Secretary, 
     acting through the Under Secretary, shall ensure that an 
     application or request submitted under paragraph (1) for a 
     change of station, unit transfer, or change of work location 
     is approved or denied within 72 hours of the submission of 
     the application or request.
       (B) Review.--If an application or request submitted under 
     paragraph (1) by a victim of a sexual assault for a change of 
     station, unit transfer, or change of work location of the 
     victim is denied--
       (i) the victim may request the Secretary review the denial; 
     and
       (ii) the Secretary, acting through the Under Secretary, 
     shall, not later than 72 hours after receiving such request, 
     affirm or overturn the denial.
       (b) Change of Station, Unit Transfer, and Change of Work 
     Location of Alleged Perpetrators.--
       (1) In general.--The Secretary, acting through the Under 
     Secretary, shall develop a policy for the protection of 
     victims of sexual assault described in subsection (a)(1) by 
     providing the alleged perpetrator of the sexual

[[Page S3185]]

     assault with a change of station, unit transfer, or change of 
     work location, as the case may be, if the alleged perpetrator 
     is a member of the commissioned officer corps of the 
     Administration or an employee of the Administration.
       (2) Policy requirements.--The policy required by paragraph 
     (1) shall include the following:
       (A) A means to control access to the victim.
       (B) Due process for the victim and the alleged perpetrator.
       (c) Regulations.--
       (1) In general.--The Secretary shall promulgate regulations 
     to carry out this section.
       (2) Consistency.--When practicable, the Secretary shall 
     make regulations promulgated under this section consistent 
     with similar regulations promulgated by the Secretary of 
     Defense.

     SEC. 3545. APPLICABILITY OF POLICIES TO CREWS OF VESSELS 
                   SECURED BY NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION UNDER CONTRACT.

       The Under Secretary for Oceans and Atmosphere shall ensure 
     that each contract into which the Under Secretary enters for 
     the use of a vessel by the National Oceanic and Atmospheric 
     Administration that covers the crew of the vessel, if any, 
     shall include as a condition of the contract a provision that 
     subjects such crew to the policy developed under section 
     3541(a) and the comprehensive policy developed under section 
     3542(a).

     SEC. 3546. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL 
                   OCEANIC AND ATMOSPHERIC ADMINISTRATION.

       (a) In General.--Not later than January 15 of each year, 
     the Secretary of Commerce shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a report on the sexual assaults involving 
     employees of the National Oceanic and Atmospheric 
     Administration, members of the commissioned officer corps of 
     the Administration, and individuals who work with or conduct 
     business on behalf of the Administration.
       (b) Contents.--Each report submitted under subsection (a) 
     shall include, with respect to the previous calendar year, 
     the following:
       (1) The number of alleged sexual assaults involving 
     employees, members, and individuals described in subsection 
     (a).
       (2) A synopsis of each case and the disciplinary action 
     taken, if any, in each case.
       (3) The policies, procedures, and processes implemented by 
     the Secretary, and any updates or revisions to such policies, 
     procedures, and processes.
       (4) A summary of the reports received by the Under 
     Secretary for Oceans and Atmosphere under section 3541(f).
       (c) Privacy Protection.--In preparing and submitting a 
     report under subsection (a), the Secretary shall ensure that 
     no individual involved in an alleged sexual assault can be 
     identified by the contents of the report.

     SEC. 3547. DEFINITION.

       In this part, the term ``sexual assault'' shall have the 
     meaning given such term in section 40002(a) of the Violence 
     Against Women Act of 1994 (42 U.S.C. 13925(a)).

    PART II--COMMISSIONED OFFICER CORPS OF THE NATIONAL OCEANIC AND 
                       ATMOSPHERIC ADMINISTRATION

     SEC. 3550. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION COMMISSIONED OFFICER CORPS ACT 
                   OF 2002.

       Except as otherwise expressly provided, whenever in this 
     part an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3001 et seq.).

                     Subpart A--General Provisions

     SEC. 3551. STRENGTH AND DISTRIBUTION IN GRADE.

       Section 214 (33 U.S.C. 3004) is amended to read as follows:

     ``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

       ``(a) Grades.--The commissioned grades in the commissioned 
     officer corps of the Administration are the following, in 
     relative rank with officers of the Navy:
       ``(1) Vice admiral.
       ``(2) Rear admiral.
       ``(3) Rear admiral (lower half).
       ``(4) Captain.
       ``(5) Commander.
       ``(6) Lieutenant commander.
       ``(7) Lieutenant.
       ``(8) Lieutenant (junior grade).
       ``(9) Ensign.
       ``(b) Grade Distribution.--The Secretary shall prescribe, 
     with respect to the distribution on the lineal list in grade, 
     the percentages applicable to the grades set forth in 
     subsection (a).
       ``(c) Annual Computation of Number in Grade.--
       ``(1) In general.--Not less frequently than once each year, 
     the Secretary shall make a computation to determine the 
     number of officers on the lineal list authorized to be 
     serving in each grade.
       ``(2) Method of computation.--The number in each grade 
     shall be computed by applying the applicable percentage to 
     the total number of such officers serving on active duty on 
     the date the computation is made.
       ``(3) Fractions.--If a final fraction occurs in computing 
     the authorized number of officers in a grade, the nearest 
     whole number shall be taken. If the fraction is \1/2\, the 
     next higher whole number shall be taken.
       ``(d) Temporary Increase in Numbers.--The total number of 
     officers authorized by law to be on the lineal list during a 
     fiscal year may be temporarily exceeded if the average number 
     on that list during that fiscal year does not exceed the 
     authorized number.
       ``(e) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228(a) and 
     officers recalled from retired status shall not be counted 
     when computing authorized strengths under subsection (c) and 
     shall not count against those strengths.
       ``(f) Preservation of Grade and Pay.--No officer may be 
     reduced in grade or pay or separated from the commissioned 
     officer corps of the Administration as the result of a 
     computation made to determine the authorized number of 
     officers in the various grades.''.

     SEC. 3552. RECALLED OFFICERS.

       Section 215 (33 U.S.C. 3005) is amended--
       (1) in the matter before paragraph (1), by striking 
     ``Effective'' and inserting the following:
       ``(a) In General.--Effective''; and
       (2) by adding at the end the following new subsection:
       ``(b) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228 and 
     officers recalled from retired status--
       ``(1) may not be counted in determining the total number of 
     authorized officers on the lineal list under this section; 
     and
       ``(2) may not count against such number.''.

     SEC. 3553. OBLIGATED SERVICE REQUIREMENT.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 216. OBLIGATED SERVICE REQUIREMENT.

       ``(a) In General.--
       ``(1) Rulemaking.--The Secretary shall prescribe the 
     obligated service requirements for appointments, training, 
     promotions, separations, continuations, and retirement of 
     officers not otherwise covered by law.
       ``(2) Written agreements.--The Secretary and officers shall 
     enter into written agreements that describe the officers' 
     obligated service requirements prescribed under paragraph (1) 
     in return for such appointments, training, promotions, 
     separations, and retirements as the Secretary considers 
     appropriate.
       ``(b) Repayment for Failure to Satisfy Requirements.--
       ``(1) In general.--The Secretary may require an officer who 
     fails to meet the service requirements prescribed under 
     subsection (a)(1) to reimburse the Secretary in an amount 
     that bears the same ratio to the total costs of the training 
     provided to that officer by the Secretary as the unserved 
     portion of active duty bears to the total period of active 
     duty the officer agreed to serve.
       ``(2) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary under paragraph (1) shall be 
     considered for all purposes as a debt owed to the United 
     States.
       ``(3) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11 that is entered less than 5 years after the 
     termination of a written agreement entered into under 
     subsection (a)(2) does not discharge the individual signing 
     the agreement from a debt arising under such agreement.
       ``(c) Waiver or Suspension of Compliance.--The Secretary 
     may waive the service obligation of an officer who--
       ``(1) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that officer; or
       ``(2) is--
       ``(A) not physically qualified for appointment; and
       ``(B) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     officer's own misconduct or grossly negligent conduct.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 215 the following:

``Sec. 216. Obligated service requirement.''.

     SEC. 3554. TRAINING AND PHYSICAL FITNESS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 3553(a), is further amended by adding at 
     the end the following:

     ``SEC. 217. TRAINING AND PHYSICAL FITNESS.

       ``(a) Training.--The Secretary may take such measures as 
     may be necessary to ensure that officers are prepared to 
     carry out their duties in the commissioned officer corps of 
     the Administration and proficient in the skills necessary to 
     carry out such duties. Such measures may include the 
     following:
       ``(1) Carrying out training programs and correspondence 
     courses, including establishing and operating a basic officer 
     training program to provide initial indoctrination and 
     maritime vocational training for officer candidates as well 
     as refresher training, mid-career training, aviation 
     training, and such other training as the Secretary considers 
     necessary for officer development and proficiency.
       ``(2) Providing officers and officer candidates with books 
     and school supplies.

[[Page S3186]]

       ``(3) Acquiring such equipment as may be necessary for 
     training and instructional purposes.
       ``(b) Physical Fitness.--The Secretary shall ensure that 
     officers maintain a high physical state of readiness by 
     establishing standards of physical fitness for officers that 
     are substantially equivalent to those prescribed for officers 
     in the Coast Guard.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3553(b), is 
     further amended by inserting after the item relating to 
     section 216 the following:

``Sec. 217. Training and physical fitness.''.

     SEC. 3555. RECRUITING MATERIALS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 3554(a), is further amended by adding at 
     the end the following:

     ``SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.

       ``The Secretary may use for public relations purposes of 
     the Department of Commerce any advertising materials 
     developed for use for recruitment and retention of personnel 
     for the commissioned officer corps of the Administration. Any 
     such use shall be under such conditions and subject to such 
     restrictions as the Secretary shall prescribe.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3554(b), is 
     further amended by inserting after the item relating to 
     section 217 the following:

``Sec. 218. Use of recruiting materials for public relations.''.

     SEC. 3556. CHARTER VESSEL SAFETY POLICY.

       (a) Policy Required.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary of Commerce 
     shall, acting through the Under Secretary for Oceans and 
     Atmosphere, develop and implement a charter vessel safety 
     policy applicable to the acquisition by the National Oceanic 
     and Atmospheric Administration of charter vessel services.
       (b) Elements.--The policy required by subsection (a) shall 
     address vessel safety, operational safety, and basic 
     personnel safety requirements applicable to the vessel size, 
     type, and intended use. At a minimum, the policy shall 
     include the following:
       (1) Basic vessel safety requirements that address 
     stability, egress, fire protection and lifesaving equipment, 
     hazardous materials, and pollution control.
       (2) Personnel safety requirements that address crew 
     qualifications, medical training and services, safety 
     briefings and drills, and crew habitability.
       (c) Limitation.--The Secretary shall ensure that the basic 
     vessel safety requirements and personnel safety requirements 
     included in the policy required by subsection (a)--
       (1) do not exceed the vessel safety requirements and 
     personnel safety requirements promulgated by the Secretary of 
     the department in which the Coast Guard is operating; and
       (2) to the degree practicable, are consistent with the 
     requirements described in paragraph (1).

     SEC. 3557. TECHNICAL CORRECTION.

       Section 101(21)(C) of title 38, United States Code, is 
     amended by inserting ``in the commissioned officer corps'' 
     before ``of the National''.

                   Subpart B--Parity and Recruitment

     SEC. 3558. EDUCATION LOANS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

       ``(a) Authority To Repay Education Loans.--For the purpose 
     of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty who have skills required by the commissioned officer 
     corps, the Secretary may repay, in the case of a person 
     described in subsection (b), a loan that--
       ``(1) was used by the person to finance education; and
       ``(2) was obtained from a governmental entity, private 
     financial institution, educational institution, or other 
     authorized entity.
       ``(b) Eligible Persons.--To be eligible to obtain a loan 
     repayment under this section, a person must--
       ``(1) satisfy 1 of the requirements specified in subsection 
     (c);
       ``(2) be fully qualified for, or hold, an appointment as a 
     commissioned officer in the commissioned officer corps of the 
     Administration; and
       ``(3) sign a written agreement to serve on active duty, or, 
     if on active duty, to remain on active duty for a period in 
     addition to any other incurred active duty obligation.
       ``(c) Academic and Professional Requirements.--One of the 
     following academic requirements must be satisfied for 
     purposes of determining the eligibility of an individual for 
     a loan repayment under this section:
       ``(1) The person is fully qualified in a profession that 
     the Secretary has determined to be necessary to meet 
     identified skill shortages in the commissioned officer corps.
       ``(2) The person is enrolled as a full-time student in the 
     final year of a course of study at an accredited educational 
     institution (as determined by the Secretary of Education) 
     leading to a degree in a profession that will meet identified 
     skill shortages in the commissioned officer corps.
       ``(d) Loan Repayments.--
       ``(1) In general.--Subject to the limits established under 
     paragraph (2), a loan repayment under this section may 
     consist of the payment of the principal, interest, and 
     related expenses of a loan obtained by a person described in 
     subsection (b).
       ``(2) Limitation on amount.--For each year of obligated 
     service that a person agrees to serve in an agreement 
     described in subsection (b)(3), the Secretary may pay not 
     more than the amount specified in section 2173(e)(2) of title 
     10, United States Code.
       ``(e) Active Duty Service Obligation.--
       ``(1) In general.--A person entering into an agreement 
     described in subsection (b)(3) incurs an active duty service 
     obligation.
       ``(2) Length of obligation determined under regulations.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the length of the obligation under paragraph (1) shall be 
     determined under regulations prescribed by the Secretary.
       ``(B) Minimum obligation.--The regulations prescribed under 
     subparagraph (A) may not provide for a period of obligation 
     of less than 1 year for each maximum annual amount, or 
     portion thereof, paid on behalf of the person for qualified 
     loans.
       ``(3) Persons on active duty before entering into 
     agreement.--The active duty service obligation of persons on 
     active duty before entering into the agreement shall be 
     served after the conclusion of any other obligation incurred 
     under the agreement.
       ``(f) Effect of Failure To Complete Obligation.--
       ``(1) Alternative obligations.--An officer who is relieved 
     of the officer's active duty obligation under this section 
     before the completion of that obligation may be given any 
     alternative obligation, at the discretion of the Secretary.
       ``(2) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (b)(3), or the alternative obligation 
     imposed under paragraph (1), shall be subject to the 
     repayment provisions under section 216.
       ``(g) Rulemaking.--The Secretary shall prescribe 
     regulations to carry out this section, including--
       ``(1) standards for qualified loans and authorized payees; 
     and
       ``(2) other terms and conditions for the making of loan 
     repayments.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 266 the following:

``Sec. 267. Education loan repayment program.''.

     SEC. 3559. INTEREST PAYMENTS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 3558(a), is further amended by adding at 
     the end the following:

     ``SEC. 268. INTEREST PAYMENT PROGRAM.

       ``(a) Authority.--The Secretary may pay the interest and 
     any special allowances that accrue on 1 or more student loans 
     of an eligible officer, in accordance with this section.
       ``(b) Eligible Officers.--An officer is eligible for the 
     benefit described in subsection (a) while the officer--
       ``(1) is serving on active duty;
       ``(2) has not completed more than 3 years of service on 
     active duty;
       ``(3) is the debtor on 1 or more unpaid loans described in 
     subsection (c); and
       ``(4) is not in default on any such loan.
       ``(c) Student Loans.--The authority to make payments under 
     subsection (a) may be exercised with respect to the following 
     loans:
       ``(1) A loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.).
       ``(2) A loan made under part D of such title (20 U.S.C. 
     1087a et seq.).
       ``(3) A loan made under part E of such title (20 U.S.C. 
     1087aa et seq.).
       ``(d) Maximum Benefit.--Interest and any special allowance 
     may be paid on behalf of an officer under this section for 
     any of the 36 consecutive months during which the officer is 
     eligible under subsection (b).
       ``(e) Funds for Payments.--The Secretary may use amounts 
     appropriated for the pay and allowances of personnel of the 
     commissioned officer corps of the Administration for payments 
     under this section.
       ``(f) Coordination With Secretary of Education.--
       ``(1) In general.--The Secretary shall consult with the 
     Secretary of Education regarding the administration of this 
     section.
       ``(2) Transfer of funds.--The Secretary shall transfer to 
     the Secretary of Education the funds necessary--
       ``(A) to pay interest and special allowances on student 
     loans under this section (in accordance with sections 428(o), 
     455(l), and 464(j) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
       ``(B) to reimburse the Secretary of Education for any 
     reasonable administrative costs incurred by the Secretary in 
     coordinating the program under this section with the 
     administration of the student loan programs under parts B, D, 
     and E of title IV of

[[Page S3187]]

     the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 
     1087a et seq., 1087aa et seq.).
       ``(g) Special Allowance Defined.--In this section, the term 
     `special allowance' means a special allowance that is payable 
     under section 438 of the Higher Education Act of 1965 (20 
     U.S.C. 1087-1).''.
       (b) Conforming Amendments.--
       (1) Section 428(o) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o)) is amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 264 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively,'' after ``Armed Forces''.
       (2) Sections 455(l) and 464(j) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 264 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively'' after ``Armed Forces''.
       (c) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3558(b), is 
     further amended by inserting after the item relating to 
     section 267 the following:

``Sec. 268. Interest payment program.''.

     SEC. 3560. STUDENT PRE-COMMISSIONING PROGRAM.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 3559(a), is further amended by adding at 
     the end the following:

     ``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE 
                   PROGRAM.

       ``(a) Authority To Provide Financial Assistance.--For the 
     purpose of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty, the Secretary may provide financial assistance to a 
     person described in subsection (b) for expenses of the person 
     while the person is pursuing on a full-time basis at an 
     accredited educational institution (as determined by the 
     Secretary of Education) a program of education approved by 
     the Secretary that leads to--
       ``(1) a baccalaureate degree in not more than 5 academic 
     years; or
       ``(2) a postbaccalaureate degree.
       ``(b) Eligible Persons.--
       ``(1) In general.--A person is eligible to obtain financial 
     assistance under subsection (a) if the person--
       ``(A) is enrolled on a full-time basis in a program of 
     education referred to in subsection (a) at any educational 
     institution described in such subsection;
       ``(B) meets all of the requirements for acceptance into the 
     commissioned officer corps of the Administration except for 
     the completion of a baccalaureate degree; and
       ``(C) enters into a written agreement with the Secretary 
     described in paragraph (2).
       ``(2) Agreement.--A written agreement referred to in 
     paragraph (1)(C) is an agreement between the person and the 
     Secretary in which the person agrees--
       ``(A) to accept an appointment as an officer, if tendered; 
     and
       ``(B) upon completion of the person's educational program, 
     agrees to serve on active duty, immediately after 
     appointment, for--
       ``(i) up to 3 years if the person received less than 3 
     years of assistance; and
       ``(ii) up to 5 years if the person received at least 3 
     years of assistance.
       ``(c) Qualifying Expenses.--Expenses for which financial 
     assistance may be provided under subsection (a) are the 
     following:
       ``(1) Tuition and fees charged by the educational 
     institution involved.
       ``(2) The cost of books.
       ``(3) In the case of a program of education leading to a 
     baccalaureate degree, laboratory expenses.
       ``(4) Such other expenses as the Secretary considers 
     appropriate.
       ``(d) Limitation on Amount.--The Secretary shall prescribe 
     the amount of financial assistance provided to a person under 
     subsection (a), which may not exceed the amount specified in 
     section 2173(e)(2) of title 10, United States Code, for each 
     year of obligated service that a person agrees to serve in an 
     agreement described in subsection (b)(2).
       ``(e) Duration of Assistance.--Financial assistance may be 
     provided to a person under subsection (a) for not more than 5 
     consecutive academic years.
       ``(f) Subsistence Allowance.--
       ``(1) In general.--A person who receives financial 
     assistance under subsection (a) shall be entitled to a 
     monthly subsistence allowance at a rate prescribed under 
     paragraph (2) for the duration of the period for which the 
     person receives such financial assistance.
       ``(2) Determination of amount.--The Secretary shall 
     prescribe monthly rates for subsistence allowance provided 
     under paragraph (1), which shall be equal to the amount 
     specified in section 2144(a) of title 10, United States Code.
       ``(g) Initial Clothing Allowance.--
       ``(1) Training.--The Secretary may prescribe a sum which 
     shall be credited to each person who receives financial 
     assistance under subsection (a) to cover the cost of the 
     person's initial clothing and equipment issue.
       ``(2) Appointment.--Upon completion of the program of 
     education for which a person receives financial assistance 
     under subsection (a) and acceptance of appointment in the 
     commissioned officer corps of the Administration, the person 
     may be issued a subsequent clothing allowance equivalent to 
     that normally provided to a newly appointed officer.
       ``(h) Termination of Financial Assistance.--
       ``(1) In general.--The Secretary shall terminate the 
     assistance provided to a person under this section if--
       ``(A) the Secretary accepts a request by the person to be 
     released from an agreement described in subsection (b)(2);
       ``(B) the misconduct of the person results in a failure to 
     complete the period of active duty required under the 
     agreement; or
       ``(C) the person fails to fulfill any term or condition of 
     the agreement.
       ``(2) Reimbursement.--The Secretary may require a person 
     who receives assistance described in subsection (c), (f), or 
     (g) under an agreement entered into under subsection 
     (b)(1)(C) to reimburse the Secretary in an amount that bears 
     the same ratio to the total costs of the assistance provided 
     to that person as the unserved portion of active duty bears 
     to the total period of active duty the officer agreed to 
     serve under the agreement.
       ``(3) Waiver.--The Secretary may waive the service 
     obligation of a person through an agreement entered into 
     under subsection (b)(1)(C) if the person--
       ``(A) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that person; or
       ``(B) is--
       ``(i) not physically qualified for appointment; and
       ``(ii) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     person's own misconduct or grossly negligent conduct.
       ``(4) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary imposed under paragraph (2) is, 
     for all purposes, a debt owed to the United States.
       ``(5) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11, United States Code, that is entered less than 
     5 years after the termination of a written agreement entered 
     into under subsection (b)(1)(C) does not discharge the person 
     signing the agreement from a debt arising under such 
     agreement or under paragraph (2).
       ``(i) Regulations.--The Secretary may promulgate such 
     regulations and orders as the Secretary considers appropriate 
     to carry out this section.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3559(c), is 
     further amended by inserting after the item relating to 
     section 268 the following:

``Sec. 269. Student pre-commissioning education assistance program.''.

     SEC. 3561. LIMITATION ON EDUCATIONAL ASSISTANCE.

       (a) In General.--Each fiscal year, beginning with fiscal 
     year 2013, the Secretary of Commerce shall ensure that the 
     total amount expended by the Secretary under section 267 of 
     the National Oceanic and Atmospheric Administration 
     Commissioned Officer Corps Act of 2002 (as added by section 
     3558(a)), section 268 of such Act (as added by section 
     3559(a)), and section 269 of such Act (as added by section 
     3560(a)) does not exceed the amount by which--
       (1) the total amount the Secretary would pay in that fiscal 
     year to officer candidates under section 203(f)(1) of title 
     37, United States Code (as added by section 3576(d)), if such 
     section entitled officers candidates to pay at monthly rates 
     equal to the basic pay of a commissioned officer in the pay 
     grade O-1 with less than 2 years of service; exceeds
       (2) the total amount the Secretary actually pays in that 
     fiscal year to officer candidates under section 203(f)(1) of 
     such title (as so added).
       (b) Officer Candidate Defined.--In this section, the term 
     ``officer candidate'' has the meaning given the term in 
     section 212 of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3002), as added by section 3576(c).

     SEC. 3562. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, 
                   UNITED STATES CODE, AND EXTENSION OF CERTAIN 
                   AUTHORITIES APPLICABLE TO MEMBERS OF THE ARMED 
                   FORCES TO COMMISSIONED OFFICER CORPS.

       (a) Applicability of Certain Provisions of Title 10.--
     Section 261(a) (33 U.S.C. 3071(a)) is amended--
       (1) by redesignating paragraphs (13) through (16) as 
     paragraphs (20) through (23), respectively;

[[Page S3188]]

       (2) by redesignating paragraphs (7) through (12) as 
     paragraphs (12) through (17), respectively;
       (3) by redesignating paragraphs (4) through (6) as 
     paragraphs (8) through (10), respectively;
       (4) by inserting after paragraph (3) the following:
       ``(4) Section 771, relating to unauthorized wearing of 
     uniforms.
       ``(5) Section 774, relating to wearing religious apparel 
     while in uniform.
       ``(6) Section 982, relating to service on State and local 
     juries.
       ``(7) Section 1031, relating to administration of oaths.'';
       (5) by inserting after paragraph (10), as redesignated, the 
     following:
       ``(11) Chapter 58, relating to the Benefits and Services 
     for members being separated or recently separated.''; and
       (6) by inserting after paragraph (17), as redesignated, the 
     following:
       ``(18) Subchapter I of chapter 88, relating to Military 
     Family Programs.
       ``(19) Section 2005, relating to advanced education 
     assistance, active duty agreements, and reimbursement 
     requirements.''.
       (b) Extension of Certain Authorities.--
       (1) Notarial services.--Section 1044a of title 10, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``armed forces'' and 
     inserting ``uniformed services''; and
       (B) in subsection (b)(4), by striking ``armed forces'' both 
     places it appears and inserting ``uniformed services''.
       (2) Acceptance of voluntary services for programs serving 
     members and their families.--Section 1588 of such title is 
     amended--
       (A) in subsection (a)(3), by striking ``armed forces'' and 
     inserting ``uniformed services''; and
       (B) by adding at the end the following new subsection:
       ``(g) Secretary Concerned for Acceptance of Services for 
     Programs Serving Members of NOAA and Their Families.--For 
     purposes of the acceptance of services described in 
     subsection (a)(3), the term `Secretary concerned' in 
     subsection (a) shall include the Secretary of Commerce with 
     respect to members of the National Oceanic and Atmospheric 
     Administration.''.
       (3) Capstone course for newly selected flag officers.--
     Section 2153 of such title is amended--
       (A) in subsection (a)--
       (i) by inserting ``or the commissioned corps of the 
     National Oceanic and Atmospheric Administration'' after ``in 
     the case of the Navy''; and
       (ii) by striking ``other armed forces'' and inserting 
     ``other uniformed services''; and
       (B) in subsection (b)(1), by inserting ``or the Secretary 
     of Commerce, as applicable,'' after ``the Secretary of 
     Defense''.

     SEC. 3563. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is 
     amended by inserting after section 261 the following:

     ``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       ``(a) Provisions Made Applicable to Commissioned Officer 
     Corps.--The provisions of law applicable to the Armed Forces 
     under the following provisions of title 37, United States 
     Code, shall apply to the commissioned officer corps of the 
     Administration:
       ``(1) Section 324, relating to accession bonuses for new 
     officers in critical skills.
       ``(2) Section 403(f)(3), relating to prescribing 
     regulations defining the terms `field duty' and `sea duty'.
       ``(3) Section 403(l), relating to temporary continuation of 
     housing allowance for dependents of members dying on active 
     duty.
       ``(4) Section 414(a)(2), relating to personal money 
     allowance while serving as Director of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps.
       ``(5) Section 488, relating to allowances for recruiting 
     expenses.
       ``(6) Section 495, relating to allowances for funeral 
     honors duty.
       ``(b) References.--The authority vested by title 37, United 
     States Code, in the `military departments', `the Secretary 
     concerned', or `the Secretary of Defense' with respect to the 
     provisions of law referred to in subsection (a) shall be 
     exercised, with respect to the commissioned officer corps of 
     the Administration, by the Secretary of Commerce or the 
     Secretary's designee.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 261 the following:

``Sec. 261A. Applicability of certain provisions of title 37, United 
              States Code.''.

     SEC. 3564. LEGION OF MERIT AWARD.

       Section 1121 of title 10, United States Code, is amended by 
     striking ``armed forces'' and inserting ``uniformed 
     services''.

     SEC. 3565. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

       (a) In General.--Subsection (a) of section 261 (33 U.S.C. 
     3071), as amended by section 3562, is further amended--
       (1) by redesignating paragraphs (8) through (23) as 
     paragraphs (9) through (24), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Section 1034, relating to protected communications 
     and prohibition of retaliatory personnel actions.''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     is amended by adding at the end the following: ``For purposes 
     of paragraph (8) of subsection (a), the term `Inspector 
     General' in section 1034 of such title 10 shall mean the 
     Inspector General of the Department of Commerce.''.
       (c) Regulations.--Such section is further amended by adding 
     at the end the following:
       ``(c) Regulations Regarding Protected Communications and 
     Prohibition of Retaliatory Personnel Actions.--The Secretary 
     may promulgate regulations to carry out the application of 
     section 1034 of title 10, United States Code, to the 
     commissioned officer corps of the Administration, including 
     by promulgating such administrative procedures for 
     investigation and appeal within the commissioned officer 
     corps as the Secretary considers appropriate.''.

     SEC. 3566. PENALTIES FOR WEARING UNIFORM WITHOUT AUTHORITY.

       Section 702 of title 18, United States Code, is amended by 
     striking ``Service or any'' and inserting ``Service, the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration, or any''.

     SEC. 3567. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE 
                   SERVICE LAW.

       Section 3304(f) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces'';
       (2) in paragraph (2), by striking ``or veteran'' and 
     inserting ``, veteran, or member''; and
       (3) in paragraph (4), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces''.

     SEC. 3568. EMPLOYMENT AND REEMPLOYMENT RIGHTS.

       Section 4303(16) of title 38, United States Code, is 
     amended by inserting ``the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration,'' after 
     ``Public Health Service,''.

     SEC. 3569. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
                   CORPS FOR PURPOSES OF CERTAIN HIRING DECISIONS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by this part, is further amended by adding at the end 
     the following:

     ``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
                   CORPS AS EMPLOYMENT IN ADMINISTRATION FOR 
                   PURPOSES OF CERTAIN HIRING DECISIONS.

       ``(a) In General.--In any case in which the Secretary 
     accepts an application for a position of employment with the 
     Administration and limits consideration of applications for 
     such position to applications submitted by individuals 
     serving in a career or career-conditional position in the 
     competitive service within the Administration, the Secretary 
     shall deem an officer who has served as an officer in the 
     commissioned officer corps for at least 3 years to be serving 
     in a career or career-conditional position in the competitive 
     service within the Administration for purposes of such 
     limitation.
       ``(b) Career Appointments.--If the Secretary selects an 
     application submitted by an officer described in subsection 
     (a) for a position described in such subsection, the 
     Secretary shall give such officer a career or career-
     conditional appointment in the competitive service, as 
     appropriate.
       ``(c) Competitive Service Defined.--In this section, the 
     term `competitive service' has the meaning given the term in 
     section 2102 of title 5, United States Code.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 269, as added by this part, the 
     following:

``Sec. 269A. Treatment of commission in commissioned officer corps as 
              employment in Administration for purposes of certain 
              hiring decisions.''.

     SEC. 3570. DIRECT HIRE AUTHORITY.

       (a) In General.--The head of a Federal agency may appoint, 
     without regard to the provisions of subchapter I of chapter 
     33 of title 5, United States Code, other than sections 3303 
     and 3328 of such title, a qualified candidate described 
     subsection (b) directly to a position in the agency for which 
     the candidate meets qualification standards of the Office of 
     Personnel Management.
       (b) Candidates Described.--A candidate described in this 
     subsection is a current or former member of the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration who--
       (1) fulfilled his or her obligated service requirement 
     under section 216 of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002, as 
     added by section 3553;
       (2) if no longer a member of the commissioned officer corps 
     of the Administration, was not discharged or released 
     therefrom as part of a disciplinary action; and

[[Page S3189]]

       (3) has been separated or released from service in the 
     commissioned officer corps of the Administration for a period 
     of not more than 5 years.
       (c) Effective Date.--This section shall apply with respect 
     to appointments made in fiscal year 2016 and in each fiscal 
     year thereafter.

           Subpart C--Appointments and Promotion of Officers

     SEC. 3571. APPOINTMENTS.

       (a) Original Appointments.--
       (1) In general.--Section 221 (33 U.S.C. 3021) is amended to 
     read as follows:

     ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

       ``(a) Original Appointments.--
       ``(1) Grades.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an original appointment of an officer may be made in such 
     grades as may be appropriate for--
       ``(i) the qualification, experience, and length of service 
     of the appointee; and
       ``(ii) the commissioned officer corps of the 
     Administration.
       ``(B) Appointment of officer candidates.--
       ``(i) Limitation on grade.--An original appointment of an 
     officer candidate, upon graduation from the basic officer 
     training program of the commissioned officer corps of the 
     Administration, may not be made in any other grade than 
     ensign.
       ``(ii) Rank.--Officer candidates receiving appointments as 
     ensigns upon graduation from basic officer training program 
     shall take rank according to their proficiency as shown by 
     the order of their merit at date of graduation.
       ``(2) Source of appointments.--An original appointment may 
     be made from among the following:
       ``(A) Graduates of the basic officer training program of 
     the commissioned officer corps of the Administration.
       ``(B) Graduates of the military service academies of the 
     United States who otherwise meet the academic standards for 
     enrollment in the training program described in subparagraph 
     (A).
       ``(C) Graduates of the maritime academies of the States 
     who--
       ``(i) otherwise meet the academic standards for enrollment 
     in the training program described in subparagraph (A);
       ``(ii) completed at least 3 years of regimented training 
     while at a maritime academy of a State; and
       ``(iii) obtained an unlimited tonnage or unlimited 
     horsepower Merchant Mariner Credential from the United States 
     Coast Guard.
       ``(D) Licensed officers of the United States merchant 
     marine who have served 2 or more years aboard a vessel of the 
     United States in the capacity of a licensed officer, who 
     otherwise meet the academic standards for enrollment in the 
     training program described in subparagraph (A).
       ``(3) Definitions.--In this subsection:
       ``(A) Maritime academies of the states.--The term `maritime 
     academies of the States' means the following:
       ``(i) California Maritime Academy, Vallejo, California.
       ``(ii) Great Lakes Maritime Academy, Traverse City, 
     Michigan.
       ``(iii) Maine Maritime Academy, Castine, Maine.
       ``(iv) Massachusetts Maritime Academy, Buzzards Bay, 
     Massachusetts.
       ``(v) State University of New York Maritime College, Fort 
     Schuyler, New York.
       ``(vi) Texas A&M Maritime Academy, Galveston, Texas.
       ``(B) Military service academies of the united states.--The 
     term `military service academies of the United States' means 
     the following:
       ``(i) The United States Military Academy, West Point, New 
     York.
       ``(ii) The United States Naval Academy, Annapolis, 
     Maryland.
       ``(iii) The United States Air Force Academy, Colorado 
     Springs, Colorado.
       ``(iv) The United States Coast Guard Academy, New London, 
     Connecticut.
       ``(v) The United States Merchant Marine Academy, Kings 
     Point, New York.
       ``(b) Reappointment.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     individual who previously served in the commissioned officer 
     corps of the Administration may be appointed by the Secretary 
     to the grade the individual held prior to separation.
       ``(2) Reappointments to higher grades.--An appointment 
     under paragraph (1) to a position of importance and 
     responsibility designated under section 228 may only be made 
     by the President.
       ``(c) Qualifications.--An appointment under subsection (a) 
     or (b) may not be given to an individual until the 
     individual's mental, moral, physical, and professional 
     fitness to perform the duties of an officer has been 
     established under such regulations as the Secretary shall 
     prescribe.
       ``(d) Precedence of Appointees.--Appointees under this 
     section shall take precedence in the grade to which appointed 
     in accordance with the dates of their commissions as 
     commissioned officers in such grade. Appointees whose dates 
     of commission are the same shall take precedence with each 
     other as the Secretary shall determine.
       ``(e) Inter-Service Transfers.--For inter-service transfers 
     (as described in the Department of Defense Directive 1300.4 
     (dated December 27, 2006)) the Secretary shall--
       ``(1) coordinate with the Secretary of Defense and the 
     Secretary of the Department in which the Coast Guard is 
     operating to promote and streamline inter-service transfers;
       ``(2) give preference to such inter-service transfers for 
     recruitment purposes as determined appropriate by the 
     Secretary; and
       ``(3) reappoint such inter-service transfers to the 
     equivalent grade in the commissioned officer corps.''.
       (2) Clerical amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 221 and inserting the following:

``Sec. 221. Original appointments and reappointments.''.

     SEC. 3572. PERSONNEL BOARDS.

       Section 222 (33 U.S.C. 3022) is amended to read as follows:

     ``SEC. 222. PERSONNEL BOARDS.

       ``(a) Convening.--Not less frequently than once each year 
     and at such other times as the Secretary determines 
     necessary, the Secretary shall convene a personnel board.
       ``(b) Membership.--
       ``(1) In general.--A board convened under subsection (a) 
     shall consist of 5 or more officers who are serving in or 
     above the permanent grade of the officers under consideration 
     by the board.
       ``(2) Retired officers.--Officers on the retired list may 
     be recalled to serve on such personnel boards as the 
     Secretary considers necessary.
       ``(3) No membership on 2 successive boards.--No officer may 
     be a member of 2 successive personnel boards convened to 
     consider officers of the same grade for promotion or 
     separation.
       ``(c) Duties.--Each personnel board shall--
       ``(1) recommend to the Secretary such changes as may be 
     necessary to correct any erroneous position on the lineal 
     list that was caused by administrative error; and
       ``(2) make selections and recommendations to the Secretary 
     and the President for the appointment, promotion, involuntary 
     separation, continuation, and involuntary retirement of 
     officers in the commissioned officer corps of the 
     Administration as prescribed in this title.
       ``(d) Action on Recommendations Not Acceptable.--If any 
     recommendation by a board convened under subsection (a) is 
     not accepted by the Secretary or the President, the board 
     shall make such further recommendations as the Secretary or 
     the President considers appropriate.''.

     SEC. 3573. DELEGATION OF AUTHORITY.

       Section 226 (33 U.S.C. 3026) is amended--
       (1) by striking ``Appointments'' and inserting the 
     following:
       ``(a) In General.--Appointments''; and
       (2) by adding at the end the following:
       ``(b) Delegation of Appointment Authority.--If the 
     President delegates authority to the Secretary to make 
     appointments under this section, the President shall, during 
     a period in which the position of the Secretary is vacant, 
     delegate such authority to the Deputy Secretary of Commerce 
     or the Under Secretary for Oceans and Atmosphere during such 
     period.''.

     SEC. 3574. ASSISTANT ADMINISTRATOR OF THE OFFICE OF MARINE 
                   AND AVIATION OPERATIONS.

       Section 228(c) (33 U.S.C. 3028(c)) is amended--
       (1) in the fourth sentence, by striking ``Director'' and 
     inserting ``Assistant Administrator''; and
       (2) in the heading, by inserting ``Assistant Administrator 
     of the'' before ``Office''.

     SEC. 3575. TEMPORARY APPOINTMENTS.

       (a) In General.--Section 229 (33 U.S.C. 3029) is amended to 
     read as follows:

     ``SEC. 229. TEMPORARY APPOINTMENTS.

       ``(a) Appointments by President.--Temporary appointments in 
     the grade of ensign, lieutenant junior grade, or lieutenant 
     may be made by the President.
       ``(b) Termination.--A temporary appointment to a position 
     under subsection (a) shall terminate upon approval of a 
     permanent appointment for such position made by the 
     President.
       ``(c) Order of Precedence.--Appointees under subsection (a) 
     shall take precedence in the grade to which appointed in 
     accordance with the dates of their appointments as officers 
     in such grade. The order of precedence of appointees who are 
     appointed on the same date shall be determined by the 
     Secretary.
       ``(d) Any One Grade.--When determined by the Secretary to 
     be in the best interest of the commissioned officer corps, 
     officers in any permanent grade may be temporarily promoted 
     one grade by the President. Any such temporary promotion 
     terminates upon the transfer of the officer to a new 
     assignment.
       ``(e) Delegation of Appointment Authority.--If the 
     President delegates authority to the Secretary to make 
     appointments under this section, the President shall, during 
     a period in which the position of the Secretary is vacant, 
     delegate such authority to the Deputy Secretary of Commerce 
     or the Under Secretary for Oceans and Atmosphere during such 
     period.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 229 and inserting the following:

``Sec. 229. Temporary appointments.''.

[[Page S3190]]

  


     SEC. 3576. OFFICER CANDIDATES.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 234. OFFICER CANDIDATES.

       ``(a) Determination of Number.--The Secretary shall 
     determine the number of appointments of officer candidates.
       ``(b) Appointment.--Appointment of officer candidates shall 
     be made under regulations which the Secretary shall 
     prescribe, including regulations with respect to determining 
     age limits, methods of selection of officer candidates, term 
     of service as an officer candidate before graduation from the 
     program, and all other matters affecting such appointment.
       ``(c) Dismissal.--The Secretary may dismiss from the basic 
     officer training program of the Administration any officer 
     candidate who, during the officer candidate's term as an 
     officer candidate, the Secretary considers unsatisfactory in 
     either academics or conduct, or not adapted for a career in 
     the commissioned officer corps of the Administration. Officer 
     candidates shall be subject to rules governing discipline 
     prescribed by the Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps.
       ``(d) Agreement.--
       ``(1) In general.--Each officer candidate shall sign an 
     agreement with the Secretary in accordance with section 
     216(a)(2) regarding the officer candidate's term of service 
     in the commissioned officer corps of the Administration.
       ``(2) Elements.--An agreement signed by an officer 
     candidate under paragraph (1) shall provide that the officer 
     candidate agrees to the following:
       ``(A) That the officer candidate will complete the course 
     of instruction at the basic officer training program of the 
     Administration.
       ``(B) That upon graduation from the such program, the 
     officer candidate--
       ``(i) will accept an appointment, if tendered, as an 
     officer; and
       ``(ii) will serve on active duty for at least 4 years 
     immediately after such appointment.
       ``(e) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section. Such regulations shall 
     include--
       ``(1) standards for determining what constitutes a breach 
     of an agreement signed under such subsection (d)(1); and
       ``(2) procedures for determining whether such a breach has 
     occurred.
       ``(f) Repayment.--An officer candidate or former officer 
     candidate who does not fulfill the terms of the obligation to 
     serve as specified under section (d) shall be subject to the 
     repayment provisions of section 216(b).''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 233 the following:

``Sec. 234. Officer candidates.''.

       (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 
     3002(b)) is amended--
       (1) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Officer candidate.--The term `officer candidate' 
     means an individual who is enrolled in the basic officer 
     training program of the Administration and is under 
     consideration for appointment as an officer under section 
     221(a)(2)(A).''.
       (d) Pay for Officer Candidates.--Section 203 of title 37, 
     United States Code, is amended by adding at the end the 
     following:
       ``(f)(1) An officer candidate enrolled in the basic officer 
     training program of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration is entitled, 
     while participating in such program, to monthly officer 
     candidate pay at monthly rate equal to the basic pay of an 
     enlisted member in the pay grade E-5 with less than 2 years 
     service.
       ``(2) An individual who graduates from such program shall 
     receive credit for the time spent participating in such 
     program as if such time were time served while on active duty 
     as a commissioned officer. If the individual does not 
     graduate from such program, such time shall not be considered 
     creditable for active duty or pay.''.

     SEC. 3577. PROCUREMENT OF PERSONNEL.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
     amended by section 3576(a), is further amended by adding at 
     the end the following:

     ``SEC. 235. PROCUREMENT OF PERSONNEL.

       ``The Secretary may make such expenditures as the Secretary 
     considers necessary in order to obtain recruits for the 
     commissioned officer corps of the Administration, including 
     advertising.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3576(b), is 
     further amended by inserting after the item relating to 
     section 234 the following:

``235. Procurement of personnel.''.

            Subpart D--Separation and Retirement of Officers

     SEC. 3578. INVOLUNTARY RETIREMENT OR SEPARATION.

       Section 241 (33 U.S.C. 3041) is amended by adding at the 
     end the following:
       ``(d) Deferment of Retirement or Separation for Medical 
     Reasons.--
       ``(1) In general.--If the Secretary determines that the 
     evaluation of the medical condition of an officer requires 
     hospitalization or medical observation that cannot be 
     completed with confidence in a manner consistent with the 
     officer's well being before the date on which the officer 
     would otherwise be required to retire or be separated under 
     this section, the Secretary may defer the retirement or 
     separation of the officer.
       ``(2) Consent required.--A deferment may only be made with 
     the written consent of the officer involved. If the officer 
     does not provide written consent to the deferment, the 
     officer shall be retired or separated as scheduled.
       ``(3) Limitation.--A deferral of retirement or separation 
     under this subsection may not extend for more than 30 days 
     after completion of the evaluation requiring hospitalization 
     or medical observation.''.

     SEC. 3579. SEPARATION PAY.

       Section 242 (33 U.S.C. 3042) is amended by adding at the 
     end the following:
       ``(d) Exception.--An officer discharged for twice failing 
     selection for promotion to the next higher grade is not 
     entitled to separation pay under this section if the 
     officer--
       ``(1) expresses a desire not to be selected for promotion; 
     or
       ``(2) requests removal from the list of selectees.''.

                    PART III--HYDROGRAPHIC SERVICES

     SEC. 3581. REAUTHORIZATION OF HYDROGRAPHIC SERVICES 
                   IMPROVEMENT ACT OF 1998.

       (a) Reauthorizations.--Section 306 of the Hydrographic 
     Services Improvement Act of 1998 (33 U.S.C. 892d) is 
     amended--
       (1) in the matter before paragraph (1), by striking ``There 
     are'' and inserting the following:
       ``(a) In General.--There are'';
       (2) in subsection (a) (as designated by paragraph (1))--
       (A) in paragraph (1), by striking ``surveys--'' and all 
     that follows through the end of the paragraph and inserting 
     ``surveys, $70,814,000 for each of fiscal years 2016 through 
     2020.'';
       (B) in paragraph (2), by striking ``vessels--'' and all 
     that follows through the end of the paragraph and inserting 
     ``vessels, $25,000,000 for each of fiscal years 2016 through 
     2020.'';
       (C) in paragraph (3), by striking ``Administration--'' and 
     all that follows through the end of the paragraph and 
     inserting ``Administration, $29,932,000 for each of fiscal 
     years 2016 through 2020.'';
       (D) in paragraph (4), by striking ``title--'' and all that 
     follows through the end of the paragraph and inserting 
     ``title, $26,800,000 for each of fiscal years 2016 through 
     2020.''; and
       (E) in paragraph (5), by striking ``title--'' and all that 
     follows through the end of the paragraph and inserting 
     ``title, $30,564,000 for each of fiscal years 2016 through 
     2020.''; and
       (3) by adding at the end the following:
       ``(b) Arctic Programs.--Of the amount authorized by this 
     section for each fiscal year--
       ``(1) $10,000,000 is authorized for use--
       ``(A) to acquire hydrographic data;
       ``(B) to provide hydrographic services;
       ``(C) to conduct coastal change analyses necessary to 
     ensure safe navigation;
       ``(D) to improve the management of coastal change in the 
     Arctic; and
       ``(E) to reduce risks of harm to Alaska Native subsistence 
     and coastal communities associated with increased 
     international maritime traffic; and
       ``(2) $2,000,000 is authorized for use to acquire 
     hydrographic data and provide hydrographic services in the 
     Arctic necessary to delineate the United States extended 
     Continental Shelf.''.
       (b) Limitation on Administrative Expenses for Surveys.--
     Section 306 of such Act (33 U.S.C. 892d) is further amended 
     by adding at the end the following:
       ``(c) Limitation on Administrative Expenses for Surveys.--
     Of amounts authorized by this section for each fiscal year 
     for contract hydrographic surveys, not more than 5 percent is 
     authorized for administrative costs associated with contract 
     management.''.
                                 ______
                                 
  SA 4143. 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 B of title II, add the following:

     SEC. 221. DESIGNATION OF INSTITUTION OF HIGHER EDUCATION AS 
                   ADVANCED LABORATORY FOR AIR VEHICLE SUSTAINMENT 
                   FOR APPLIED RESEARCH, DEVELOPMENT, TEST, AND 
                   EVALUATION ON SUSTAINMENT OF DEFENSE AIR 
                   VEHICLES.

       (a) In General.--The Secretary of Defense may, acting 
     through the Office of Research and Engineering of the 
     Department of Defense, designate an appropriate institution 
     of higher education as an Advanced Laboratory for Air Vehicle 
     Sustainment under the University Affiliated Research Center 
     program to carry out applied research, development, test, and 
     evaluation activities for the Department of Defense on the 
     sustainment of defense air vehicles.

[[Page S3191]]

       (b) Requirements for Designation.--An institution of higher 
     education designated pursuant to subsection (a) shall--
       (1) have the capability to respond rapidly to new 
     technology requirements with qualified engineers and 
     technologists; and
       (2) possess unique and leading-edge capabilities in testing 
     and evaluation of full-scale aviation-related structures and 
     materials for support of the sustainment of defense air 
     vehicles.
       (c) Business Case Analysis of UARC Program.--The Secretary 
     shall submit to the congressional defense committees a 
     business case analysis comparing the conduct of applied 
     research, development, test, and evaluation of Department 
     aviation capabilities by institutions of higher education 
     with the conduct of such activities by Department of Defense 
     laboratories. The business case analysis shall include the 
     following:
       (1) An estimate of the cost-savings achieved, and to be 
     achieved, by the Department in using institutions of higher 
     education under the program.
       (2) An assessment of the efficiencies achieved, and to be 
     achieved, by the Department in using institutions of higher 
     education in connection with the Better Buying Power 3.0 
     strategy of the Department to streamline the defense 
     acquisition process.
       (3) A description of the manner in which priorities under 
     the Better Buying Power 3.0 strategy of the Department are 
     achieved by the Department in using institutions of higher 
     education as described in paragraph (2).
       (4) An assessment of the ``should cost'' targets developed 
     by the Office of Research and Engineering for aviation and 
     implemented by each Department laboratory, which assessment 
     addresses whether such targets reduced indirect and overhead 
     expenses when using or subcontracting institutions of higher 
     education.
       (5) Any savings realized through activities under paragraph 
     (4) with using institutions of higher education to achieve 
     ``should cost'' targets.
       (6) The results of a benchmarking analysis conducted by 
     Assistant Secretary of Defense for Research and Engineering 
     that compares the business models and performance of 
     Department laboratories under the program with the business 
     models and performance of similar laboratories elsewhere in 
     the Government, in academia, and in the private sector.
                                 ______
                                 
  SA 4144. 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 appropriate place in title XXVIII, insert the 
     following:

     SEC. __. ENVIRONMENTAL REMEDIATION, EXPLOSIVES CLEANUP, AND 
                   SITE RESTORATION AT SUNFLOWER ARMY AMMUNITION 
                   PLANT, KANSAS.

       (a) In General.--As part of the land conveyance at 
     Sunflower Army Ammunition Plant, Kansas, authorized under 
     section 2841 of the Military Construction Authorization Act 
     for Fiscal Year 2005 (division B of Public Law 108-375; 118 
     Stat. 2135), the Secretary of the Army may accept as a 
     payment-in-kind by the entity to which such land was conveyed 
     an agreement to undertake activities selected by the entity 
     from among the activities described under subsection (b) that 
     are reasonably estimated to cost approximately $14,500,000. 
     Upon receipt of a cash payment or the commencement of such 
     activities by the entity, the Secretary shall release from 
     the mortgage filed with the Register of Deeds, Johnson 
     County, Kansas on August 6, 2005, that part of the Sunflower 
     Army Ammunition Plant to which such payment or activities 
     relate.
       (b) Environmental Remediation, Explosives Cleanup, and Site 
     Restoration Activities.--The activities described under this 
     subsection are--
       (1) environmental remediation activities, including--
       (A) corrective action required under a permit concerning 
     the property to be issued by the Kansas Department of Health 
     and Environment pursuant to the Solid Waste Disposal Act (42 
     U.S.C. 6901 et seq.);
       (B) activities to be carried out by the entity pursuant to 
     Consent Order 05-E-0111, including any amendments thereto, 
     regarding Army activities at the property between the entity 
     and the Kansas Department of Health and Environment;
       (C) abatement of potential explosive and ordnance 
     conditions at the property;
       (D) demolition, abatement, removal, disposal, backfilling 
     and seeding of all structures containing asbestos and lead 
     based paint, together with their foundations, footing and 
     slabs;
       (E) removal and disposal of all soils impacted with 
     pesticides in excess of Kansas Department of Health and 
     Environment standards together with backfilling and seeding;
       (F) design, construction, closure and post-closure of a 
     solid waste landfill facility permitted by the Kansas 
     Department of Health and Environment pursuant to its 
     delegated authority under the Solid Waste Disposal Act (42 
     U.S.C. 6901 et seq.) to accommodate consolidation of existing 
     landfills on the property and future requirements;
       (G) lime sludge removal, disposal, and backfilling 
     associated with the water treatment plant;
       (H) septic tank closures; and
       (I) financial assurances required in connection with these 
     activities; and
       (2) site restoration activities, including--
       (A) collection and disposal of solid waste present on the 
     property prior to August 6, 2005;
       (B) removal of improvements to the property existing on 
     August 6, 2005, including, without limitation, roads, sewers, 
     gas lines, poles, ballast, structures, slabs, footings and 
     foundations together with backfilling and seeding;
       (C) any impediments to redevelopment of the property 
     arising from the use of the property by or on behalf of the 
     Army or any of its contractors;
       (D) financial assurances required in connection with these 
     activities; and
       (E) legal, environmental and engineering costs incurred by 
     the entity for the analysis of the work necessary to complete 
     the environmental.
                                 ______
                                 
  SA 4145. Mr. CASSIDY 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. ASSISTING VETERANS WITH MILITARY EMERGENCY MEDICAL 
                   TRAINING TO MEET REQUIREMENTS FOR BECOMING 
                   CIVILIAN EMERGENCY MEDICAL TECHNICIANS.

       Part B of title III of the Public Health Service Act (42 
     U.S.C. 243 et seq.) is amended by inserting after section 314 
     the following:

     ``SEC. 315. ASSISTING VETERANS WITH MILITARY EMERGENCY 
                   MEDICAL TRAINING TO MEET REQUIREMENTS FOR 
                   BECOMING CIVILIAN EMERGENCY MEDICAL 
                   TECHNICIANS.

       ``(a) Program.--The Secretary shall establish a program 
     consisting of awarding demonstration grants to States to 
     streamline State requirements and procedures in order to 
     assist veterans who completed military emergency medical 
     technician training while serving in the Armed Forces of the 
     United States to meet certification, licensure, and other 
     requirements applicable to becoming an emergency medical 
     technician in the State.
       ``(b) Use of Funds.--Amounts received as a demonstration 
     grant under this section shall be used to prepare and 
     implement a plan to streamline State requirements and 
     procedures as described in subsection (a), including by--
       ``(1) determining the extent to which the requirements for 
     the education, training, and skill level of emergency medical 
     technicians in the State are equivalent to requirements for 
     the education, training, and skill level of military 
     emergency medical technicians; and
       ``(2) identifying methods, such as waivers, for military 
     emergency medical technicians to forego or meet any such 
     equivalent State requirements.
       ``(c) Eligibility.--To be eligible for a grant under this 
     section, a State shall demonstrate that the State has a 
     shortage of emergency medical technicians.
       ``(d) Report.--The Secretary shall submit to the Congress 
     an annual report on the program under this section.
       ``(e) Funding.--No additional funds are authorized to be 
     appropriated to carry out this section, and this section 
     shall be carried out using amounts otherwise available for 
     such purpose.''.
                                 ______
                                 
  SA 4146. Mr. CASSIDY 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. OMB DIRECTIVE ON MANAGEMENT OF SOFTWARE LICENSES.

       (a) Definition.--In this section--
       (1) the term ``Director'' means the Director of the Office 
     of Management and Budget; and
       (2) the term ``executive agency'' has the meaning given 
     that term in section 105 of title 5, United States Code.
       (b) OMB Directive.--The Director shall issue a directive to 
     require each executive agency to develop a comprehensive 
     software licensing policy, which shall--
       (1) identify clear roles, responsibilities, and central 
     oversight authority within the executive agency for managing 
     enterprise software license agreements and commercial 
     software licenses; and
       (2) require the executive agency to--
       (A) establish a comprehensive inventory, including 80 
     percent of software license

[[Page S3192]]

     spending and enterprise licenses in the executive agency, by 
     identifying and collecting information about software license 
     agreements using automated discovery and inventory tools;
       (B) regularly track and maintain software licenses to 
     assist the executive agency in implementing decisions 
     throughout the software license management life cycle;
       (C) analyze software usage and other data to make cost-
     effective decisions;
       (D) provide training relevant to software license 
     management;
       (E) establish goals and objectives of the software license 
     management program of the executive agency; and
       (F) consider the software license management life cycle 
     phases, including the requisition, reception, deployment and 
     maintenance, retirement, and disposal phases, to implement 
     effective decision making and incorporate existing standards, 
     processes, and metrics.
       (c) Report on Software License Management.--
       (1) In general.--Beginning in the first fiscal year 
     beginning after the date of enactment of this Act, and in 
     each fiscal year thereafter through fiscal year 2018, each 
     executive agency shall submit to the Director a report on the 
     financial savings or avoidance of spending that resulted from 
     improved software license management.
       (2) Availability.--The Director shall make each report 
     submitted under paragraph (1) publically available.
                                 ______
                                 
  SA 4147. Mr. CASSIDY 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. COMPTROLLER GENERAL STUDY ON THE ACTIVITIES OF THE 
                   OFFICE OF RESOLUTION MANAGEMENT AND THE OFFICE 
                   OF EMPLOYMENT DISCRIMINATION COMPLAINT 
                   ADJUDICATION OF THE DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study on the activities of the Office 
     of Resolution Management and the Office of Employment 
     Discrimination Complaint Adjudication of the Department of 
     Veterans Affairs, including an analysis of the programs 
     conducted by such offices and the effectiveness and oversight 
     of such programs.
       (b) Elements.--In conducting the study under subsection 
     (a), the Comptroller General shall--
       (1) analyze data in possession of the Office of Resolution 
     Management and the Office of Employment Discrimination 
     Complaint Adjudication of the Department from the period 
     beginning on January 1, 2012, and ending on the date of 
     commencement of the study;
       (2) analyze the oversight by the Department of such offices 
     and the programs conducted by such offices;
       (3) analyze how such offices determine the amounts paid to 
     complainants under such programs;
       (4) assess whether the Department or any other entity 
     conducts regular audits of such offices; and
       (5) analyze how many repeat complaints from the same 
     individuals are handled by such offices and whether there is 
     a special process used by such offices for repeat 
     complainants.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Secretary of Veterans Affairs and Congress a report on 
     the results of the study conducted under subsection (a).
                                 ______
                                 
  SA 4148. Mr. CASSIDY 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. IDENTIFICATION AND TRACKING OF BIOLOGICAL IMPLANTS 
                   USED IN DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                   FACILITIES.

       (a) In General.--Subchapter II of chapter 73 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7330B. Identification and tracking of biological 
       implants

       ``(a) Standard Identification System for Biological 
     Implants.--(1) The Secretary shall adopt the unique device 
     identification system developed for medical devices by the 
     Food and Drug Administration under section 519(f) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i(f)), or 
     implement a comparable standard identification system, for 
     use in identifying biological implants intended for use in 
     medical procedures conducted in medical facilities of the 
     Department.
       ``(2) In adopting or implementing a standard identification 
     system for biological implants under paragraph (1), the 
     Secretary shall permit a vendor to use any of the accredited 
     entities identified by the Food and Drug Administration as an 
     issuing agency pursuant to section 830.100 of title 21, Code 
     of Federal Regulations, or any successor regulation.
       ``(b) Biological Implant Tracking System.--(1) The 
     Secretary shall implement a system for tracking the 
     biological implants described in subsection (a) from human 
     donor or animal source to implantation.
       ``(2) The tracking system implemented under paragraph (1) 
     shall be compatible with the identification system adopted or 
     implemented under subsection (a).
       ``(3) The Secretary shall implement inventory controls 
     compatible with the tracking system implemented under 
     paragraph (1) so that all patients who have received, in a 
     medical facility of the Department, a biological implant 
     subject to a recall can be notified of the recall if, based 
     on the evaluation by appropriate medical personnel of the 
     Department of the risks and benefits, the Secretary 
     determines such notification is appropriate.
       ``(c) Consistency With Food and Drug Administration 
     Regulations.--To the extent that a conflict arises between 
     this section and a provision of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.) or section 351 or 361 of 
     the Public Health Service Act (42 U.S.C. 262 and 264) 
     (including any regulations issued under such provisions), the 
     provision of the Federal Food, Drug, and Cosmetic Act or 
     Public Health Service Act (including any regulations issued 
     under such provisions) shall apply.
       ``(d) Biological Implant Defined.--In this section, the 
     term `biological implant' means any human cell, tissue, or 
     cellular or tissue-based product or animal product--
       ``(1) under the meaning given the term `human cells, 
     tissues, or cellular or tissue-based products' in section 
     1271.3 of title 21, Code of Federal Regulations, or any 
     successor regulation; or
       ``(2) that is regulated as a device under section 201(h) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     321(h)).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 73 of such title is amended by inserting 
     after the item relating to section 7330A the following new 
     item:

``7330B. Identification and tracking of biological implants.''.

       (c) Implementation Deadlines.--
       (1) Standard identification system.--The Secretary of 
     Veterans Affairs shall adopt or implement the standard 
     identification system for biological implants required by 
     subsection (a) of section 7330B of title 38, United States 
     Code, as added by subsection (a), with respect to biological 
     implants described in--
       (A) subsection (d)(1) of such section, by not later than 
     the date that is 180 days after the date of the enactment of 
     this Act; and
       (B) subsection (d)(2) of such section, in compliance with 
     the compliance dates established by the Food and Drug 
     Administration under section 519(f) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 360i(f)).
       (2) Tracking system.--The Secretary of Veterans Affairs 
     shall implement the biological implant tracking system 
     required by section 7330B(b) of title 38, United States Code, 
     as added by subsection (a), by not later than the date that 
     is 180 days after the date of the enactment of this Act.
       (d) Reporting Requirement.--
       (1) In general.--If the biological implant tracking system 
     required by section 7330B(b) of title 38, United States Code, 
     as added by subsection (a), is not operational by the date 
     that is 180 days after the date of the enactment of this Act, 
     the Secretary of Veterans Affairs shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report explaining why the system is not 
     operational for each month until such time as the system is 
     operational.
       (2) Elements.--Each report submitted under paragraph (1) 
     shall include a description of the following:
       (A) Each impediment to the implementation of the system 
     described in such paragraph.
       (B) Steps being taken to remediate each such impediment.
       (C) Target dates for a solution to each such impediment.

     SEC. 1098. PROCUREMENT OF BIOLOGICAL IMPLANTS USED IN 
                   DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                   FACILITIES.

       (a) Procurement.--
       (1) In general.--Subchapter II of chapter 81 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 8129. Procurement of biological implants

       ``(a) In General.--(1) The Secretary may procure biological 
     implants of human origin only from vendors that meet the 
     following conditions:
       ``(A) The vendor uses the standard identification system 
     adopted or implemented by the Secretary under section 
     7330B(a) of this title and has safeguards to ensure that a 
     distinct identifier has been in place at each step of 
     distribution of each biological implant from its donor.
       ``(B) The vendor is registered as required by the Food and 
     Drug Administration under

[[Page S3193]]

     subpart B of part 1271 of title 21, Code of Federal 
     Regulations, or any successor regulation, and in the case of 
     a vendor that uses a tissue distribution intermediary or a 
     tissue processor, the vendor provides assurances that the 
     tissue distribution intermediary or tissue processor is 
     registered as required by the Food and Drug Administration.
       ``(C) The vendor ensures that donor eligibility 
     determinations and such other records as the Secretary may 
     require accompany each biological implant at all times, 
     regardless of the country of origin of the donor of the 
     biological material.
       ``(D) The vendor agrees to cooperate with all biological 
     implant recalls conducted on the initiative of the vendor, on 
     the initiative of the original product manufacturer used by 
     the vendor, by the request of the Food and Drug 
     Administration, or by a statutory order of the Food and Drug 
     Administration.
       ``(E) The vendor agrees to notify the Secretary of any 
     adverse event or reaction report it provides to the Food and 
     Drug Administration, as required by sections 1271.3 and 
     1271.350 of title 21, Code of Federal Regulations, or any 
     successor regulation, or any warning letter from the Food and 
     Drug Administration issued to the vendor or a tissue 
     processor or tissue distribution intermediary used by the 
     vendor by not later than 60 days after the vendor receives 
     such report or warning letter.
       ``(F) The vendor agrees to retain all records associated 
     with the procurement of a biological implant by the 
     Department for at least 10 years after the date of the 
     procurement of the biological implant.
       ``(G) The vendor provides assurances that the biological 
     implants provided by the vendor are acquired only from tissue 
     processors that maintain active accreditation with the 
     American Association of Tissue Banks or a similar national 
     accreditation specific to biological implants.
       ``(2) The Secretary may procure biological implants of 
     nonhuman origin only from vendors that meet the following 
     conditions:
       ``(A) The vendor uses the standard identification system 
     adopted or implemented by the Secretary under section 
     7330B(a) of this title.
       ``(B) The vendor is registered as an establishment as 
     required by the Food and Drug Administration under sections 
     807.20 and 807.40 of title 21, Code of Federal Regulations, 
     or any successor regulation (or is not required to register 
     pursuant to section 807.65(a) of such title, or any successor 
     regulation), and in the case of a vendor that is not the 
     original product manufacturer of such implants, the vendor 
     provides assurances that the original product manufacturer is 
     registered as required by the Food and Drug Administration 
     (or is not required to register).
       ``(C) The vendor agrees to cooperate with all biological 
     implant recalls conducted on the initiative of the vendor, on 
     the initiative of the original product manufacturer used by 
     the vendor, by the request of the Food and Drug 
     Administration, or by a statutory order of the Food and Drug 
     Administration.
       ``(D) The vendor agrees to notify the Secretary of any 
     adverse event report it provides to the Food and Drug 
     Administration as required under part 803 of title 21, Code 
     of Federal Regulations, or any successor regulation, or any 
     warning letter from the Food and Drug Administration issued 
     to the vendor or the original product manufacturer used by 
     the vendor by not later than 60 days after the vendor 
     receives such report or warning letter.
       ``(E) The vendor agrees to retain all records associated 
     with the procurement of a biological implant by the 
     Department for at least 10 years after the date of the 
     procurement of the biological implant.
       ``(3)(A) The Secretary shall procure biological implants 
     under the Federal Supply Schedules of the General Services 
     Administration unless such implants are not available under 
     such Schedules.
       ``(B) With respect to biological implants listed on the 
     Federal Supply Schedules, the Secretary shall accommodate 
     reasonable vendor requests to undertake outreach efforts to 
     educate medical professionals of the Department about the use 
     and efficacy of such biological implants.
       ``(C) In the case of biological implants that are 
     unavailable for procurement under the Federal Supply 
     Schedules, the Secretary shall procure such implants using 
     competitive procedures in accordance with applicable law and 
     the Federal Acquisition Regulation, including through the use 
     of a national contract.
       ``(4) In procuring biological implants under this section, 
     the Secretary shall permit a vendor to use any of the 
     accredited entities identified by the Food and Drug 
     Administration as an issuing agency pursuant to section 
     830.100 of title 21, Code of Federal Regulations, or any 
     successor regulation.
       ``(5) Section 8123 of this title shall not apply to the 
     procurement of biological implants.
       ``(b) Penalties.--In addition to any applicable penalty 
     under any other provision of law, any procurement employee of 
     the Department who is found responsible for a biological 
     implant procurement transaction with intent to avoid or with 
     reckless disregard of the requirements of this section shall 
     be ineligible to hold a certificate of appointment as a 
     contracting officer or to serve as the representative of an 
     ordering officer, contracting officer, or purchase card 
     holder.
       ``(c) Definitions.--In this section:
       ``(1) The term `biological implant' has the meaning given 
     that term in section 7330B(d) of this title.
       ``(2) The term `distinct identifier' means a distinct 
     identification code that--
       ``(A) relates a biological implant to the human donor of 
     the implant and to all records pertaining to the implant;
       ``(B) includes information designed to facilitate effective 
     tracking, using the distinct identification code, from the 
     donor to the recipient and from the recipient to the donor; 
     and
       ``(C) satisfies the requirements of section 1271.290(c) of 
     title 21, Code of Federal Regulations, or any successor 
     regulation.
       ``(3) The term `tissue distribution intermediary' means an 
     agency that acquires and stores human tissue for further 
     distribution and performs no other tissue banking functions.
       ``(4) The term `tissue processor' means an entity 
     processing human tissue for use in biological implants, 
     including activities performed on tissue other than donor 
     screening, donor testing, tissue recovery and collection 
     functions, storage, or distribution.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 81 of such title is amended by inserting 
     after the item relating to section 8128 the following new 
     item:

``8129. Procurement of biological implants.''.

       (b) Effective Date.--Section 8129 of title 38, United 
     States Code, as added by subsection (a), shall take effect on 
     the date that is 180 days after the date on which the 
     tracking system required under section 7330B(b) of such 
     title, as added by section 1079(a) of this Act, is 
     implemented.
       (c) Special Rule for Cryopreserved Products.--During the 
     three-year period beginning on the effective date of section 
     8129 of title 38, United States Code, as added by subsection 
     (a), biological implants produced and labeled before that 
     effective date may be procured by the Department of Veterans 
     Affairs without relabeling under the standard identification 
     system adopted or implemented under section 7330B of such 
     title, as added by section 1079(a) of this Act.
                                 ______
                                 
  SA 4149. Mr. McCAIN 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. 1039. RESTRICTIONS ON THE PROCUREMENT OF SERVICES OR 
                   PROPERTY IN CONNECTION WITH MILITARY SPACE 
                   LAUNCH FROM ENTITIES OWNED OR CONTROLLED BY 
                   PERSONS SANCTIONED IN CONNECTION WITH RUSSIA'S 
                   INVASION OF CRIMEA.

       (a) In General.--On and after the date of the enactment of 
     this Act, the Secretary of Defense may not enter into or 
     renew a contract for the procurement of services or property 
     in connection with space launch activities associated with 
     the evolved expendable launch vehicle program unless the 
     Secretary, as a result of affirmative due diligence and in 
     consultation with the Secretary of the Treasury, conclusively 
     certifies in accordance with subsection (b), that--
       (1) no funding provided under the contract will be used for 
     a purchase from, or a payment to, any entity owned or 
     controlled by a person 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 pursuant to Executive Order 13661 (79 Fed. Reg. 
     15535; relating to blocking property of additional persons 
     contributing to the situation in Ukraine) or any other 
     executive order or other provision of law imposing sanctions 
     with respect to the Russian Federation in connection with the 
     invasion of Crimea by the Russian Federation; and
       (2) no individual who in any way supports the delivery of 
     services or property for such space launch activities poses a 
     counterintelligence risk to the United States or is subject 
     to the influence of any foreign military or intelligence 
     service.
       (b) Submission of Certification.--Not later than 120 days 
     before entering into or renewing a contract described in 
     subsection (a), the Secretary of Defense shall submit to the 
     congressional defense committees in writing the certification 
     described in that subsection and the reasons of the Secretary 
     for making the certification.
                                 ______
                                 
  SA 4150. Ms. AYOTTE (for herself, Mr. Rubio, Mr. Kirk, Mr. Graham, 
Mr. Burr, Mr. McConnell, Mr. Cornyn, Mr. Rounds, Mr. Tillis, Mr. 
Inhofe, Mr. Risch, Mr. Portman, Mr. Cruz, Mrs. Ernst, Mr. Perdue, Ms. 
Murkowski, Mr. Gardner, Mr. Roberts, and Mr. Barrasso) 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,

[[Page S3194]]

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--Iran Sanctions

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Iran Ballistic Missile 
     Sanctions Act of 2016''.

     SEC. 1282. FINDINGS.

       Congress finds the following:
       (1) On April 2, 2015, President Barack Obama said, ``Other 
     American sanctions on Iran for its support of terrorism, its 
     human rights abuses, its ballistic missile program, will 
     continue to be fully enforced.''.
       (2) On July 7, 2015, General Martin Dempsey, then-Chairman 
     of the Joint Chiefs of Staff, said, ``Under no circumstances 
     should we relieve the pressure on Iran relative to ballistic 
     missile capabilities.''.
       (3) On July 29, 2015, in his role as the top military 
     officer in the United States and advisor to the President, 
     General Dempsey confirmed that his military recommendation 
     was that sanctions relating to the ballistic missile program 
     of Iran not be lifted.
       (4) The Government of Iran and Iran's Revolutionary Guard 
     Corps have been responsible for the repeated testing of 
     illegal ballistic missiles capable of carrying a nuclear 
     device, including observed tests in October and November 2015 
     and March 2016, violating United Nations Security Council 
     resolutions.
       (5) On October 14, 2015, Samantha Power, United States 
     Ambassador to the United Nations, said, ``One of the really 
     important features in implementation of the recent Iran deal 
     to dismantle Iran's nuclear program is going to have to be 
     enforcement of the resolutions and the standards that remain 
     on the books.''.
       (6) On December 11, 2015, the United Nations Panel of 
     Experts concluded that the missile launch on October 10, 
     2015, ``was a violation by Iran of paragraph 9 of Security 
     Council resolution 1929 (2010)''.
       (7) On January 17, 2016, Adam Szubin, Acting Under 
     Secretary for Terrorism and Financial Intelligence, stated, 
     ``Iran's ballistic missile program poses a significant threat 
     to regional and global security, and it will continue to be 
     subject to international sanctions. We have consistently made 
     clear that the United States will vigorously press sanctions 
     against Iranian activities outside of the Joint Comprehensive 
     Plan of Action--including those related to Iran's support for 
     terrorism, regional destabilization, human rights abuses, and 
     ballistic missile program.''.
       (8) On February 9, 2016, James Clapper, Director of 
     National Intelligence, testified that, ``We judge that Tehran 
     would choose ballistic missiles as its preferred method of 
     delivering nuclear weapons, if it builds them. Iran's 
     ballistic missiles are inherently capable of delivering WMD, 
     and Tehran already has the largest inventory of ballistic 
     missiles in the Middle East. Iran's progress on space launch 
     vehicles--along with its desire to deter the United States 
     and its allies--provides Tehran with the means and motivation 
     to develop longer-range missiles, including ICBMs.''.
       (9) On March 9, 2016, Iran reportedly fired two Qadr 
     ballistic missiles with a range of more than 1,000 miles and 
     according to public reports, the missiles were marked with a 
     statement in Hebrew reading, ``Israel must be wiped off the 
     arena of time.''.
       (10) On March 11, 2016, Ambassador Power called the recent 
     ballistic missile launches by Iran ``provocative and 
     destabilizing'' and called on the international community to 
     ``degrade Iran's missile program''.
       (11) On March 14, 2016, Ambassador Power said that the 
     recent ballistic missile launches by Iran were ``in defiance 
     of provisions of UN Security Council Resolution 2231''.
       (12) Iran has demonstrated the ability to launch multiple 
     rockets from fortified underground facilities and mobile 
     launch sites not previously known.
       (13) The ongoing procurement by Iran of technologies needed 
     to boost the range, accuracy, and payloads of its diverse 
     ballistic missile arsenal represents a threat to deployed 
     personnel of the United States and allies of the United 
     States in Europe and the Middle East, including Israel.
       (14) Ashton Carter, Secretary of Defense, testified in a 
     hearing before the Armed Services Committee of the Senate on 
     July 7, 2015, that, ``[T]he reason that we want to stop Iran 
     from having an ICBM program is that the I in ICBM stands for 
     intercontinental, which means having the capability to fly 
     from Iran to the United States, and we don't want that. 
     That's why we oppose ICBMs.''.
       (15) Through recent ballistic missile launch tests the 
     Government of Iran has shown blatant disregard for 
     international laws and its intention to continue tests of 
     that nature throughout the implementation of the Joint 
     Comprehensive Plan of Action.
       (16) The banking sector of Iran has facilitated the 
     financing of the ballistic missile programs in Iran and 
     evidence has not been provided that entities in that sector 
     have ceased facilitating the financing of those programs.
       (17) Iran has been able to amass a large arsenal of 
     ballistic missiles through its illicit smuggling networks and 
     domestic manufacturing capabilities that have been supported 
     and maintained by Iran's Revolutionary Guard Corps and 
     specific sectors of the economy of Iran.
       (18) Penetration by Iran's Revolutionary Guard Corps into 
     the economy of Iran is well documented including investments 
     in the construction, automotive, telecommunications, 
     electronics, mining, metallurgy, and petrochemical sectors of 
     the economy of Iran.
       (19) Items procured through sectors of Iran specified in 
     paragraph (18) have dual use applications that are currently 
     being used to create ballistic missiles in Iran and will 
     continue to be a source of materials for the creation of 
     future weapons.
       (20) In order to curb future illicit activity by Iran, the 
     Government of the United States and the international 
     community must take action against persons that facilitate 
     and profit from the illegal acquisition of ballistic missile 
     parts and technology in support of the missile programs of 
     Iran.

     SEC. 1283. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the ballistic missile program of Iran represents a 
     serious threat to allies of the United States in the Middle 
     East and Europe, members of the Armed Forces deployed in the 
     those regions, and ultimately the United States;
       (2) the testing and production by Iran of ballistic 
     missiles capable of carrying a nuclear device is a clear 
     violation of United Nations Security Council Resolution 2231 
     (2015), which was unanimously adopted by the international 
     community;
       (3) Iran is using its space launch program to develop the 
     capabilities necessary to deploy an intercontinental 
     ballistic missile that could threaten the United States, and 
     the Director of National Intelligence has assessed that Iran 
     would use ballistic missiles as its ``preferred method of 
     delivering nuclear weapons''; and
       (4) the Government of the United States should impose tough 
     primary and secondary sanctions against any sector of the 
     economy of Iran or any Iranian person that directly or 
     indirectly supports the ballistic missile program of Iran as 
     well as any foreign person or financial institution that 
     engages in transactions or trade that support that program.

     SEC. 1284. EXPANSION OF SANCTIONS WITH RESPECT TO EFFORTS BY 
                   IRAN TO ACQUIRE BALLISTIC MISSILE AND RELATED 
                   TECHNOLOGY.

       (a) Certain Persons.--Section 1604(a) of the Iran-Iraq Arms 
     Non-Proliferation Act of 1992 (Public Law 102-484; 50 U.S.C. 
     1701 note) is amended, in the matter preceding paragraph (1), 
     by inserting ``, to acquire ballistic missile or related 
     technology,'' after ``nuclear weapons''.
       (b) Foreign Countries.--Section 1605(a) of the Iran-Iraq 
     Arms Non-Proliferation Act of 1992 (Public Law 102-484; 50 
     U.S.C. 1701 note) is amended, in the matter preceding 
     paragraph (1), by inserting ``, to acquire ballistic missile 
     or related technology,'' after ``nuclear weapons''.

     SEC. 1285. EXTENSION OF IRAN SANCTIONS ACT OF 1996 AND 
                   EXPANSION OF SANCTIONS WITH RESPECT TO PERSONS 
                   THAT ACQUIRE OR DEVELOP BALLISTIC MISSILES.

       (a) Expansion of Mandatory Sanctions.--Section 5(b)(1)(B) 
     of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 
     U.S.C. 1701 note) is amended--
       (1) in clause (i), by striking ``would likely'' and 
     inserting ``may''; and
       (2) in clause (ii)--
       (A) in subclause (I), by striking ``; or'' and inserting a 
     semicolon;
       (B) by redesignating subclause (II) as subclause (III); and
       (C) by inserting after subclause (I) the following:

       ``(II) acquire or develop ballistic missiles and the 
     capability to launch ballistic missiles; or''.

       (b) Extension of Iran Sanctions Act of 1996.--Section 13(b) 
     of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 
     U.S.C. 1701 note) is amended by striking ``December 31, 
     2016'' and inserting ``December 31, 2031''.

     SEC. 1286. IMPOSITION OF SANCTIONS WITH RESPECT TO BALLISTIC 
                   MISSILE PROGRAM OF IRAN.

       (a) In General.--Title II of the Iran Threat Reduction and 
     Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is 
     amended by adding at the end the following:

  ``Subtitle C--Measures Relating to Ballistic Missile Program of Iran

     ``SEC. 231. DEFINITIONS.

       ``(a) In General.--In this subtitle:
       ``(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) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the committees specified in section 14(2) of the Iran 
     Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 
     note); and
       ``(B) the congressional defense committees, as defined in 
     section 101 of title 10, United States Code.
       ``(3) Correspondent account; payable-through account.--The 
     terms `correspondent account' and `payable-through account' 
     have the meanings given those terms in section 5318A of title 
     31, United States Code.
       ``(4) Foreign financial institution.--The term `foreign 
     financial institution' has the meaning of that term as 
     determined by the Secretary of the Treasury pursuant to 
     section 104(i) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 
     8513(i)).

[[Page S3195]]

       ``(5) Good.--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.)).
       ``(6) Government.--The term `Government', with respect to a 
     foreign country, includes any agencies or instrumentalities 
     of that Government and any entities controlled by that 
     Government.
       ``(7) Medical device.--The term `medical device' has the 
     meaning given the term `device' in section 201 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       ``(8) Medicine.--The term `medicine' has the meaning given 
     the term `drug' in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321).
       ``(b) Determinations of Significance.--For purposes of this 
     subtitle, in determining if financial transactions or 
     financial services are significant, the President may 
     consider the totality of the facts and circumstances, 
     including factors similar to the factors set forth in section 
     561.404 of title 31, Code of Federal Regulations (or any 
     corresponding similar regulation or ruling).

     ``SEC. 232. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 
                   THAT SUPPORT THE BALLISTIC MISSILE PROGRAM OF 
                   IRAN.

       ``(a) Identification of Persons.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of the Iran Ballistic Missile Sanctions Act 
     of 2016, and not less frequently than once every 180 days 
     thereafter, the President shall, in coordination with the 
     Secretary of Defense, the Director of National Intelligence, 
     the Secretary of the Treasury, and the Secretary of State, 
     submit to the appropriate committees of Congress a report 
     identifying persons that have knowingly aided the Government 
     of Iran in the development of the ballistic missile program 
     of Iran.
       ``(2) Elements.--Each report required by paragraph (1) 
     shall include the following:
       ``(A) An identification of persons (disaggregated by 
     Iranian and non-Iranian persons) that have knowingly aided 
     the Government of Iran in the development of the ballistic 
     missile program of Iran, including persons that have--
       ``(i) knowingly engaged in the direct or indirect provision 
     of material support to such program;
       ``(ii) knowingly facilitated, supported, or engaged in 
     activities to further the development of such program;
       ``(iii) knowingly transmitted information relating to 
     ballistic missiles to the Government of Iran; or
       ``(iv) otherwise knowingly aided such program.
       ``(B) A description of the character and significance of 
     the cooperation of each person identified under subparagraph 
     (A) with the Government of Iran with respect to such program.
       ``(C) An assessment of the cooperation of the Government of 
     the Democratic People's Republic of Korea with the Government 
     of Iran with respect to such program.
       ``(3) Classified annex.--Each report required by paragraph 
     (1) shall be submitted in unclassified form, but may contain 
     a classified annex.
       ``(b) Blocking of Property.--
       ``(1) In general.--Not later than 15 days after submitting 
     a report required by subsection (a)(1), the President shall, 
     in accordance with 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 any 
     person specified in such report 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.
       ``(2) Inapplicability of national emergency requirement.--
     The requirements under section 202 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1701) shall not 
     apply for purposes of this subsection.
       ``(c) Exclusion From United States.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary of State shall deny a visa to, and the Secretary of 
     Homeland Security shall exclude from the United States, any 
     alien subject to blocking of property and interests in 
     property under subsection (b).
       ``(2) Compliance with united nations headquarters 
     agreement.--Paragraph (1) shall not apply to the head of 
     state of Iran, or necessary staff of that head of state, if 
     admission to the United States is necessary to permit the 
     United States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States.
       ``(d) Facilitation of Certain Transactions.--The President 
     shall prohibit the opening, and prohibit or impose strict 
     conditions on the maintaining, in the United States of a 
     correspondent account or a payable-through account by a 
     foreign financial institution that the President determines 
     knowingly, on or after the date that is 180 days after the 
     date of the enactment of the Iran Ballistic Missile Sanctions 
     Act of 2016, conducts or facilitates a significant financial 
     transaction for a person subject to blocking of property and 
     interests in property under subsection (b).

     ``SEC. 233. BLOCKING OF PROPERTY OF PERSONS AFFILIATED WITH 
                   CERTAIN IRANIAN ENTITIES.

       ``(a) Blocking of Property.--
       ``(1) In general.--The President shall, in accordance with 
     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 any person described in 
     paragraph (3) 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.
       ``(2) Inapplicability of national emergency requirement.--
     The requirements under section 202 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1701) shall not 
     apply for purposes of this subsection.
       ``(3) Persons described.--A person described in this 
     paragraph is--
       ``(A) an entity that is owned, directly or indirectly, by a 
     25 percent or greater interest--
       ``(i) by the Aerospace Industries Organization, the Shahid 
     Hemmat Industrial Group, the Shahid Bakeri Industrial Group, 
     or any agent or affiliate of such organization or group; or
       ``(ii) collectively by a group of individuals that hold an 
     interest in the Aerospace Industries Organization, the Shahid 
     Hemmat Industrial Group, the Shahid Bakeri Industrial Group, 
     or any agent or affiliate of such organization or group, even 
     if none of those individuals hold a 25 percent or greater 
     interest in the entity;
       ``(B) a person that controls, manages, or directs an entity 
     described in subparagraph (A); or
       ``(C) an individual who is on the board of directors of an 
     entity described in subparagraph (A).
       ``(b) Facilitation of Certain Transactions.--The President 
     shall prohibit the opening, and prohibit or impose strict 
     conditions on the maintaining, in the United States of a 
     correspondent account or a payable-through account by a 
     foreign financial institution that the President determines 
     knowingly, on or after the date that is 180 days after the 
     date of the enactment of the Iran Ballistic Missile Sanctions 
     Act of 2016, conducts or facilitates a significant financial 
     transaction for a person subject to blocking of property and 
     interests in property under subsection (a).
       ``(c) Iran Missile Proliferation Watch List.--
       ``(1) In general.--Not later than 90 days after the date of 
     the enactment of the Iran Ballistic Missile Sanctions Act of 
     2016, and not less frequently than annually thereafter, the 
     Secretary of the Treasury shall submit to the appropriate 
     committees of Congress and publish in the Federal Register a 
     list of--
       ``(A) each entity in which the Aerospace Industries 
     Organization, the Shahid Hemmat Industrial Group, the Shahid 
     Bakeri Industrial Group, or any agent or affiliate of such 
     organization or group has an ownership interest of more than 
     0 percent and less than 25 percent;
       ``(B) each entity in which the Aerospace Industries 
     Organization, the Shahid Hemmat Industrial Group, the Shahid 
     Bakeri Industrial Group, or any agent or affiliate of such 
     organization or group does not have an ownership interest but 
     maintains a presence on the board of directors of the entity 
     or otherwise influences the actions, policies, or personnel 
     decisions of the entity; and
       ``(C) each person that controls, manages, or directs an 
     entity described in subparagraph (A) or (B).
       ``(2) Reference.--The list required by paragraph (1) may be 
     referred to as the `Iran Missile Proliferation Watch List'.
       ``(d) Comptroller General Report.--
       ``(1) In general.--The Comptroller General of the United 
     States shall--
       ``(A) conduct a review of each list required by subsection 
     (c)(1); and
       ``(B) not later than 60 days after each such list is 
     submitted to the appropriate committees of Congress under 
     that subsection, submit to the appropriate committees of 
     Congress a report on the review conducted under subparagraph 
     (A) that includes a list of persons not included in that list 
     that qualify for inclusion in that list, as determined by the 
     Comptroller General.
       ``(2) Consultations.--In preparing the report required by 
     paragraph (1)(B), the Comptroller General shall consult with 
     nongovernmental organizations.

     ``SEC. 234. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN 
                   PERSONS INVOLVED IN BALLISTIC MISSILE 
                   ACTIVITIES.

       ``(a) Certification.--Not later than 120 days after the 
     date of the enactment of the Iran Ballistic Missile Sanctions 
     Act of 2016, and not less frequently than once every 180 days 
     thereafter, the President shall submit to the appropriate 
     committees of Congress a certification that each person 
     listed in an annex of United Nations Security Council 
     Resolution 1737 (2006), 1747 (2007), or 1929 (2010) is not 
     directly or indirectly facilitating, supporting, or involved 
     with the development of or transfer to Iran of ballistic 
     missiles or technology, parts, components, or technology 
     information relating to ballistic missiles.
       ``(b) Blocking of Property.--
       ``(1) In general.--If the President is unable to make a 
     certification under subsection (a) with respect to a person 
     and the person is not currently subject to sanctions with 
     respect to Iran under any other provision of law, the 
     President shall, not later than 15

[[Page S3196]]

     days after that certification would have been required under 
     that subsection--
       ``(A) in accordance with 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 that person 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; and
       ``(B) publish in the Federal Register a report describing 
     the reason why the President was unable to make a 
     certification with respect to that person.
       ``(2) Inapplicability of national emergency requirement.--
     The requirements under section 202 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1701) shall not 
     apply for purposes of this subsection.
       ``(c) Exclusion From United States.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary of State shall deny a visa to, and the Secretary of 
     Homeland Security shall exclude from the United States, any 
     alien subject to blocking of property and interests in 
     property under subsection (b).
       ``(2) Compliance with united nations headquarters 
     agreement.--Paragraph (1) shall not apply to the head of 
     state of Iran, or necessary staff of that head of state, if 
     admission to the United States is necessary to permit the 
     United States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States.
       ``(d) Facilitation of Certain Transactions.--The President 
     shall prohibit the opening, and prohibit or impose strict 
     conditions on the maintaining, in the United States of a 
     correspondent account or a payable-through account by a 
     foreign financial institution that the President determines 
     knowingly, on or after the date that is 180 days after the 
     date of the enactment of the Iran Ballistic Missile Sanctions 
     Act of 2016, conducts or facilitates a significant financial 
     transaction for a person subject to blocking of property and 
     interests in property under subsection (b).

     ``SEC. 235. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN 
                   SECTORS OF IRAN THAT SUPPORT THE BALLISTIC 
                   MISSILE PROGRAM OF IRAN.

       ``(a) List of Sectors.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of the Iran Ballistic Missile Sanctions Act 
     of 2016, and not less frequently than once every 180 days 
     thereafter, the President shall submit to the appropriate 
     committees of Congress and publish in the Federal Register a 
     list of the sectors of the economy of Iran that are directly 
     or indirectly facilitating, supporting, or involved with the 
     development of or transfer to Iran of ballistic missiles or 
     technology, parts, components, or technology information 
     relating to ballistic missiles.
       ``(2) Certain sectors.--
       ``(A) In general.--Not later than 120 days after the date 
     of enactment of the Iran Ballistic Missile Sanctions Act of 
     2016, the President shall submit to the appropriate 
     committees of Congress a determination as to whether each of 
     the automotive, chemical, computer science, construction, 
     electronic, energy, metallurgy, mining, petrochemical, 
     research (including universities and research institutions), 
     and telecommunications sectors of Iran meet the criteria 
     specified in paragraph (1).
       ``(B) Inclusion in initial list.--If the President 
     determines under subparagraph (A) that the sectors of the 
     economy of Iran specified in such subparagraph meet the 
     criteria specified in paragraph (1), that sector shall be 
     included in the initial list submitted and published under 
     that paragraph.
       ``(b) Sanctions With Respect to Specified Sectors of 
     Iran.--
       ``(1) Blocking of property.--
       ``(A) In general.--The President shall, in accordance with 
     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 any person described in 
     paragraph (4) 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) Inapplicability of national emergency requirement.--
     The requirements under section 202 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1701) shall not 
     apply for purposes of this paragraph.
       ``(2) Exclusion from united states.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary of State shall deny a visa to, and the 
     Secretary of Homeland Security shall exclude from the United 
     States, any alien that is a person described in paragraph 
     (4).
       ``(B) Compliance with united nations headquarters 
     agreement.--Subparagraph (A) shall not apply to the head of 
     state of Iran, or necessary staff of that head of state, if 
     admission to the United States is necessary to permit the 
     United States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States.
       ``(3) Facilitation of certain transactions.--Except as 
     provided in this section, the President shall prohibit the 
     opening, and prohibit or impose strict conditions on the 
     maintaining, in the United States of a correspondent account 
     or a payable-through account by a foreign financial 
     institution that the President determines knowingly, on or 
     after the date that is 180 days after the date of the 
     enactment of the Iran Ballistic Missile Sanctions Act of 
     2016, conducts or facilitates a significant financial 
     transaction for a person described in paragraph (4).
       ``(4) Persons described.--A person is described in this 
     paragraph if the President determines that the person, on or 
     after the date that is 180 days after the date of the 
     enactment of the Iran Ballistic Missile Sanctions Act of 
     2016--
       ``(A) operates in a sector of the economy of Iran included 
     in the most recent list published by the President under 
     subsection (a);
       ``(B) knowingly provides significant financial, material, 
     technological, or other support to, or goods or services in 
     support of, any activity or transaction on behalf of or for 
     the benefit of a person described in subparagraph (A); or
       ``(C) is owned or controlled by a person described in 
     subparagraph (A).
       ``(c) Humanitarian Exception.--The President may not impose 
     sanctions under this section with respect to any person for 
     conducting or facilitating a transaction for the sale of 
     agricultural commodities, food, medicine, or medical devices 
     to Iran or for the provision of humanitarian assistance to 
     the people of Iran.

     ``SEC. 236. IDENTIFICATION OF FOREIGN PERSONS THAT SUPPORT 
                   THE BALLISTIC MISSILE PROGRAM OF IRAN IN 
                   CERTAIN SECTORS OF IRAN.

       ``(a) In General.--Not later than 120 days after the date 
     of the enactment of the Iran Ballistic Missile Sanctions Act 
     of 2016, and not less frequently than annually thereafter, 
     the President shall submit to the appropriate committees of 
     Congress and publish in the Federal Register a list of all 
     foreign persons that have, based on credible information, 
     directly or indirectly facilitated, supported, or been 
     involved with the development of ballistic missiles or 
     technology, parts, components, or technology information 
     related to ballistic missiles in the following sectors of the 
     economy of Iran during the period specified in subsection 
     (b):
       ``(1) Automotive.
       ``(2) Chemical.
       ``(3) Computer Science.
       ``(4) Construction.
       ``(5) Electronic.
       ``(6) Energy.
       ``(7) Metallurgy.
       ``(8) Mining.
       ``(9) Petrochemical.
       ``(10) Research (including universities and research 
     institutions).
       ``(11) Telecommunications.
       ``(12) Any other sector of the economy of Iran identified 
     under section 235(a).
       ``(b) Period Specified.--The period specified in this 
     subsection is--
       ``(1) with respect to the first list submitted under 
     subsection (a), the period beginning on the date of the 
     enactment of the Iran Ballistic Missile Sanctions Act of 2016 
     and ending on the date that is 120 days after such date of 
     enactment; and
       ``(2) with respect to each subsequent list submitted under 
     such subsection, the one-year period preceding the submission 
     of the list.
       ``(c) Comptroller General Report.--
       ``(1) In general.--With respect to each list submitted 
     under subsection (a), not later than 120 days after the list 
     is submitted under that subsection, the Comptroller General 
     of the United States shall submit to the appropriate 
     committees of Congress--
       ``(A) an assessment of the processes followed by the 
     President in preparing the list;
       ``(B) an assessment of the foreign persons included in the 
     list; and
       ``(C) a list of persons not included in the list that 
     qualify for inclusion in the list, as determined by the 
     Comptroller General.
       ``(2) Consultations.--In preparing the report required by 
     paragraph (1), the Comptroller General shall consult with 
     nongovernmental organizations.
       ``(d) Credible Information Defined.--In this section, the 
     term `credible information' has the meaning given that term 
     in section 14 of the Iran Sanctions Act of 1996 (Public Law 
     104-172; 50 U.S.C. 1701 note).''.
       (b) Clerical Amendment.--The table of contents for the Iran 
     Threat Reduction and Syria Human Rights Act of 2012 is 
     amended by inserting after the item relating to section 224 
     the following:

  ``Subtitle C--Measures Relating to Ballistic Missile Program of Iran

``Sec. 231. Definitions.
``Sec. 232. Imposition of sanctions with respect to persons that 
              support the ballistic missile program of Iran.
``Sec. 233. Blocking of property of persons affiliated with certain 
              Iranian entities.
``Sec. 234. Imposition of sanctions with respect to certain persons 
              involved in ballistic missile activities.
``Sec. 235. Imposition of sanctions with respect to certain sectors of 
              Iran that support the ballistic missile program of Iran.
``Sec. 236. Identification of foreign persons that support the 
              ballistic missile program of Iran in certain sectors of 
              Iran.''.

[[Page S3197]]

  


     SEC. 1287. EXPANSION OF MANDATORY SANCTIONS WITH RESPECT TO 
                   FINANCIAL INSTITUTIONS THAT ENGAGE IN CERTAIN 
                   TRANSACTIONS RELATING TO BALLISTIC MISSILE 
                   CAPABILITIES OF IRAN.

       Section 104 of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 8513) 
     is amended--
       (1) in subsection (c)(2)--
       (A) in subparagraph (A)--
       (i) in clause (i), by striking ``; or'' and inserting a 
     semicolon;
       (ii) by redesignating clause (ii) as clause (iii); and
       (iii) by inserting after clause (i) the following:
       ``(ii) to acquire or develop ballistic missiles and 
     capabilities and launch technology relating to ballistic 
     missiles; or''; and
       (B) in subparagraph (E)(ii)--
       (i) in subclause (I), by striking ``; or'' and inserting a 
     semicolon;
       (ii) by redesignating subclause (II) as subclause (III); 
     and
       (iii) by inserting after subclause (I) the following:

       ``(II) Iran's development of ballistic missiles and 
     capabilities and launch technology relating to ballistic 
     missiles; or''; and

       (2) in subsection (f)--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and moving those 
     subparagraphs, as so redesignated, two ems to the right;
       (B) by striking ``Waiver.--The'' and inserting ``Waiver.--
       ``(1) In general.--Except as provided in paragraph (2), 
     the''; and
       (C) by adding at the end the following:
       ``(2) Exception.--The Secretary of the Treasury may not 
     waive under paragraph (1) the application of a prohibition or 
     condition imposed with respect to an activity described in 
     subparagraph (A)(ii) or (E)(ii)(II) of subsection (c)(2).''.

     SEC. 1288. DISCLOSURE TO THE SECURITIES AND EXCHANGE 
                   COMMISSION OF ACTIVITIES WITH CERTAIN SECTORS 
                   OF IRAN THAT SUPPORT THE BALLISTIC MISSILE 
                   PROGRAM OF IRAN.

       (a) In General.--Section 13(r)(1) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78m(r)(1)) is amended--
       (1) in subparagraph (C), by striking ``; or'' and inserting 
     a semicolon;
       (2) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (3) by inserting after subparagraph (C) the following:
       ``(D) knowingly engaged in any activity for which sanctions 
     may be imposed under section 235 of the Iran Threat Reduction 
     and Syria Human Rights Act of 2012;''.
       (b) Investigations.--Section 13(r)(5)(A) of the Securities 
     Exchange Act of 1934 is amended by striking ``an Executive 
     order specified in clause (i) or (ii) of paragraph (1)(D)'' 
     and inserting ``section 235 of the Iran Threat Reduction and 
     Syria Human Rights Act of 2012, an Executive order specified 
     in clause (i) or (ii) of paragraph (1)(E)''.
       (c) Conforming Amendment.--Section 13(r)(5) of the 
     Securities Exchange Act of 1934 is amended, in the matter 
     preceding subparagraph (A), by striking ``subparagraph 
     (D)(iii)'' and inserting ``subparagraph (E)(iii)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect with respect to reports required to be 
     filed with the Securities and Exchange Commission after the 
     date that is 180 days after the date of the enactment of this 
     Act.

     SEC. 1289. REGULATIONS.

       Not later than 90 days after the date of the enactment of 
     this Act, the President shall prescribe regulations to carry 
     out this subtitle and the amendments made by this subtitle.
                                 ______
                                 
  SA 4151. Mr. BENNET (for himself and 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 I of title X, add the following:

     SEC. 1097. TREATMENT OF OIL SHALE RESERVE RECEIPTS.

       Section 7439 of title 10, United State States Code, is 
     amended--
       (1) in subsection (f)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Disposition.--
       ``(A) In general.--Notwithstanding section 35 of the 
     Mineral Leasing Act (30 U.S.C. 191), the amounts received 
     during the period specified in paragraph (2) from a lease 
     under this section (including moneys in the form of sales, 
     bonuses, royalties (including interest charges collected 
     under the Federal Oil and Gas Royalty Management Act of 1982 
     (30 U.S.C. 1701 et seq.)), and rentals) that do not exceed 
     the sum of the amounts specified in subparagraphs (A) and (B) 
     of paragraph (2)--
       ``(i) shall be deposited in the Treasury; and
       ``(ii) shall not be subject to distribution to the States 
     pursuant to section 35(a) of the Mineral Leasing Act (30 
     U.S.C. 191(a)).
       ``(B) Mineral leasing act.--Any amounts received during the 
     period specified in paragraph (2) from a lease under this 
     section (including moneys in the form of sales, bonuses, 
     royalties (including interest charges collected under the 
     Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
     1701 et seq.)), and rentals) that exceed the sum of the 
     amounts specified in subparagraphs (A) and (B) of paragraph 
     (2)--
       ``(i) shall be deposited in the Treasury; and
       ``(ii) shall be subject to distribution to the States 
     pursuant to section 35(a) of the Mineral Leasing Act (30 
     U.S.C. 191(a)).
       ``(C) No impact on payments in lieu of taxes.--Nothing in 
     this paragraph impacts or reduces any payment authorized 
     under section 6903 of title 31, United States Code.''; and
       (B) in paragraph (2)--
       (i) by striking ``(2) The period'' and inserting the 
     following:
       ``(2) Period.--The period''; and
       (ii) in the matter preceding subparagraph (A), by striking 
     ``paragraph (1)'' and inserting ``paragraph (1)(A)''; and
       (2) in subsection (g)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``subsection (f)(1)'' and inserting 
     ``subsection (f)(1)(A)''; and
       (B) in paragraph (2), in the first sentence, by striking 
     ``subsection (f)(1)'' and inserting ``subsection (f)(1)(A)''.
                                 ______
                                 
  SA 4152. Mr. KIRK (for himself, Mr. Durbin, Mr. Grassley, 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 H of title VIII, add the following:

     SEC. 899C. ARMY ARSENAL REVITALIZATION.

       (a) Definitions.--In this section:
       (1) Legacy items.--The term ``legacy items'' means 
     manufactured items that are no longer produced by the private 
     sector but continue to be used for Department of Defense 
     weapons systems, excluding information technology and 
     information systems (as those terms are defined in section 
     11101 of title 40, United States Code).
       (2) Organic industrial base.--The term ``organic industrial 
     base'' means United States military facilities that advance a 
     vital national security interest by producing necessary 
     materials, munitions, and hardware, including arsenals and 
     depots.
       (b) Report on Use of Organic Industrial Base and Private 
     Sector to Manufacture Certain Items.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Defense 
     Logistics Agency shall submit to the congressional defense 
     committees a report listing all legacy items used by the 
     Department of Defense with a contract value equal to or 
     greater than $5,000,000.
       (2) Elements.--The report required under paragraph (1) 
     shall include, for each item listed, a list of potential 
     alternative manufacturing sources from the organic industrial 
     base and private sector that could be developed to establish 
     competition for those items.
       (c) Use of Organic Industrial Base to Address Diminishing 
     Manufacturing Sources and Material Shortages.--
       (1) Report on improving guidance and practices.--Not later 
     than one year after the date of the enactment of this Act, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report detailing plans to update and 
     improve its guidance and practices on Diminishing 
     Manufacturing Sources and Material Shortages (DMSMS), 
     including through the use of the organic industrial base as a 
     resource in the implementation of a DMSMS management plan.
       (2) Report on identification of army arsenal critical 
     capabilities and minimum workloads.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report that includes--
       (A) a standardized method for identifying the critical 
     capabilities and minimum workloads of the Army arsenals; and
       (B) a progress update on implementation of the United 
     States Army Organic Industrial Base Strategic Plan 2012-2022.
       (d) Assessment to Determine Labor Rate Flexibility.--Not 
     later than one year after the date of the enactment of this 
     Act, the Secretary of Defense shall complete a labor rate 
     assessment for all Working Capital Fund entities to determine 
     whether to utilize a flexible labor rate within the Working 
     Capital Fund's high and low labor rate budget amounts and 
     change the period of time that rates are set from annual to 
     bi-annual or quarterly. The assessment shall include 
     recommendations based upon data received from the assessment, 
     including incorporating more flexibility into the Working 
     Capital Fund's labor rates.
                                 ______
                                 
  SA 4153. Mr. KIRK (for himself, Mr. Durbin, Mr. Grassley, and Mrs. 
Ernst) submitted an amendment intended to be proposed by him to the

[[Page S3198]]

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. ARMY ARSENAL REVITALIZATION.

       (a) Definitions.--In this section:
       (1) Legacy items.--The term ``legacy items'' means 
     manufactured items that are no longer produced by the private 
     sector but continue to be used for Department of Defense 
     weapons systems, excluding information technology and 
     information systems (as those terms are defined in section 
     11101 of title 40, United States Code).
       (2) Organic industrial base.--The term ``organic industrial 
     base'' means United States military facilities that advance a 
     vital national security interest by producing necessary 
     materials, munitions, and hardware, including arsenals and 
     depots.
       (b) Use of Arsenals to Manufacture Certain Items.--
       (1) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of the Defense Logistics 
     Agency shall submit to the congressional defense committees a 
     report listing all legacy items used by the Department of 
     Defense with a contract value equal to or greater than 
     $5,000,000.
       (2) Legacy item production requirement.--The Secretary of 
     Defense shall use Army arsenals for the production of all 
     legacy items identified in the report submitted under 
     paragraph (1).
       (c) Use of Organic Industrial Base to Address Diminishing 
     Manufacturing Sources and Material Shortages.--
       (1) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report detailing 
     plans to update and improve its guidance and practices on 
     Diminishing Manufacturing Sources and Material Shortages 
     (DMSMS), including through the use of the organic industrial 
     base as a resource in the implementation of a DMSMS 
     management plan.
       (2) Guidance regarding use of organic industrial base.--The 
     Secretary of the Army shall maintain the arsenals with 
     sufficient workloads to ensure affordability and technical 
     competence in all critical capability areas by establishing, 
     not later than March 30, 2017, clear, step-by-step, 
     prescriptive guidance on the process for conducting make-or-
     buy analyses, including the use of the organic industrial 
     base.
       (3) Identification of army arsenal critical capabilities 
     and minimum workloads.--
       (A) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report that--
       (i) includes a standardized, consistent method to use for 
     identifying the critical capabilities and minimum workloads 
     of the Army arsenals;
       (ii) provides analysis on the critical capabilities and 
     minimum workloads for each of the manufacturing arsenals; and
       (iii) identifies fundamental elements, such as steps, 
     milestones, timeframes, and resources for implementing the 
     United States Army Organic Industrial Base Strategic Plan 
     2012-2022.
       (B) Guidance.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     issue guidance to implement the process for identifying the 
     critical capabilities of the Army's manufacturing arsenals 
     and the method for determining the minimum workload needed to 
     sustain these capabilities.
       (d) Authority to Adjust Labor Rates to Reflect Work 
     Production.--
       (1) Pilot program.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     establish a three-year pilot program for the purpose of 
     permitting Army arsenals to adjust their labor rates 
     periodically throughout the year based upon changes in 
     workload and other factors.
       (2) Annual report.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report that assesses--
       (A) each Army arsenal's changes in labor rates throughout 
     the previous year;
       (B) the ability of each arsenal to meet the costs of their 
     working capital funds; and
       (C) the effect on arsenal workloads of labor rate changes.
                                 ______
                                 
  SA 4154. 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 subtitle I of title X of division A, add the 
     following:

     SEC. 1097. RETURN OF HUMAN REMAINS BY THE NATIONAL MUSEUM OF 
                   HEALTH AND MEDICINE.

       The National Museum of Health and Medicine shall facilitate 
     the relocation of the human cranium that is in the possession 
     of the National Museum of Health and Medicine and that is 
     associated with the Mountain Meadows Massacre of 1857 for 
     interment at the Mountain Meadows grave site.
                                 ______
                                 
  SA 4155. 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 subtitle I of title X, add the following:

     SEC. 1097. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN 
                   MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED 
                   FORCES AS VETERANS.

       Any person who is entitled under chapter 1223 of title 10, 
     United States Code, to retired pay for nonregular service or, 
     but for age, would be entitled under such chapter to retired 
     pay for nonregular service shall be honored as a veteran but 
     shall not be entitled to any benefit by reason of this 
     section.
                                 ______
                                 
  SA 4156. 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 subtitle I of title X, add the following:

     SEC. 1097. MEMORIAL TO HONOR MEMBERS OF THE ARMED FORCES THAT 
                   SERVED ON ACTIVE DUTY IN SUPPORT OF OPERATION 
                   DESERT STORM OR OPERATION DESERT SHIELD.

       (a) Findings.--Congress finds that--
       (1) section 8908(b)(1) of title 40, United States Code, 
     provides that the location of a commemorative work in Area I, 
     as depicted on the map entitled ``Commemorative Areas 
     Washington, DC and Environs'', numbered 869/86501 B, and 
     dated June 24, 2003, shall be deemed to be authorized only if 
     a recommendation for the location is approved by law not 
     later than 150 calendar days after the date on which Congress 
     is notified of the recommendation;
       (2) section 3093 of the Carl Levin and Howard P. ``Buck'' 
     McKeon National Defense Authorization Act for Fiscal Year 
     2015 (40 U.S.C. 8903 note; Public Law 113-291) authorized the 
     National Desert Storm Memorial Association to establish a 
     memorial on Federal land in the District of Columbia, to 
     honor the members of the Armed Forces that served on active 
     duty in support of Operation Desert Storm or Operation Desert 
     Shield; and
       (3) the Secretary of the Interior has notified Congress of 
     the determination of the Secretary of the Interior that the 
     memorial should be located in Area I.
       (b) Approval of Location.--The location of a commemorative 
     work to commemorate and honor the members of the Armed Forces 
     that served on active duty in support of Operation Desert 
     Storm or Operation Desert Shield authorized by section 3093 
     of the Carl Levin and Howard P. ``Buck'' McKeon National 
     Defense Authorization Act for Fiscal Year 2015 (40 U.S.C. 
     8903 note; Public Law 113-291), within Area I, as depicted on 
     the map entitled ``Commemorative Areas Washington, DC and 
     Environs'', numbered 869/86501 B, and dated June 24, 2003, is 
     approved.
                                 ______
                                 
  SA 4157. 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 appropriate place in title X, insert the following:

     SEC. ___. RECOVERY OF CERTAIN IMPROPERLY WITHHELD SEVERANCE 
                   PAYMENTS.

       (a) Short Title; Findings.--
       (1) Short title.--This section may be cited as the 
     ``Combat-Injured Veterans Tax Fairness Act of 2016''.
       (2) Findings.--Congress makes the following findings:
       (A) Approximately 10,000 to 11,000 individuals are retired 
     from service in the Armed Forces for medical reasons each 
     year.
       (B) Some of such individuals are separated from service in 
     the Armed Forces for combat-related injuries (as defined in 
     section 104(b)(3) of the Internal Revenue Code of 1986).
       (C) Congress has recognized the tremendous personal 
     sacrifice of veterans with combat-related injuries by, among 
     other things, specifically excluding from taxable income 
     severance pay received for combat-related injuries.

[[Page S3199]]

       (D) Since 1991, the Secretary of Defense has improperly 
     withheld taxes from severance pay for wounded veterans, thus 
     denying them their due compensation and a significant benefit 
     intended by Congress.
       (E) Many veterans owed redress are beyond the statutory 
     period to file an amended tax return because they were not or 
     are not aware that taxes were improperly withheld.
       (b) Restoration of Amounts Improperly Withheld for Tax 
     Purposes From Severance Payments to Veterans With Combat-
     related Injuries.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (A) identify--
       (i) the severance payments--

       (I) that the Secretary paid after January 17, 1991;
       (II) that the Secretary computed under section 1212 of 
     title 10, United States Code;
       (III) that were excluded from gross income pursuant to 
     section 104(a)(4) of the Internal Revenue Code of 1986; and
       (IV) from which the Secretary withheld amounts for Federal 
     income tax purposes; and

       (ii) the individuals to whom such severance payments were 
     made; and
       (B) with respect to each person identified under 
     subparagraph (A)(ii), provide--
       (i) notice of--

       (I) the amount of severance payments in subparagraph (A)(i) 
     which were improperly withheld for tax purposes; and
       (II) such other information determined to be necessary by 
     the Secretary of Treasury to carry out the purposes of this 
     section; and

       (ii) instructions for filing amended tax returns to recover 
     the amounts improperly withheld for tax purposes.
       (2) Extension of limitation on time for credit or refund.--
       (A) Period for filing claim.--If a claim for credit or 
     refund under section 6511(a) of the Internal Revenue Code of 
     1986 relates to a specified overpayment, the 3-year period of 
     limitation prescribed by such subsection shall not expire 
     before the date which is 1 year after the date the notice 
     described in paragraph (1)(B) is provided. The allowable 
     amount of credit or refund of a specified overpayment shall 
     be determined without regard to the amount of tax paid within 
     the period provided in section 6511(b)(2).
       (B) Specified overpayment.--For purposes of subparagraph 
     (A), the term ``specified overpayment'' means an overpayment 
     attributable to a severance payment described in paragraph 
     (1)(A).
       (c) Requirement That Secretary of Defense Ensure Amounts 
     Are Not Withheld for Tax Purposes From Severance Payments Not 
     Considered Gross Income.--The Secretary of Defense shall take 
     such actions as may be necessary to ensure that amounts are 
     not withheld for tax purposes from severance payments made by 
     the Secretary to individuals when such payments are not 
     considered gross income pursuant to section 104(a)(4) of the 
     Internal Revenue Code of 1986.
       (d) Report to Congress.--
       (1) In general.--After completing the identification 
     required by subsection (b)(1) and not later than one year 
     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 actions taken by the Secretary to 
     carry out this section.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include the following:
       (A) The number of individuals identified under subsection 
     (b)(1)(A)(ii).
       (B) Of all the severance payments described in subsection 
     (b)(1)(A)(i), the aggregate amount that the Secretary 
     withheld for tax purposes from such payments.
       (C) A description of the actions the Secretary plans to 
     take to carry out subsection (c).
       (3) Appropriate committees of congress defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Veterans' Affairs, and the Committee on Finance of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Veterans' Affairs, and the Committee on Ways and Means of the 
     House of Representatives.
                                 ______
                                 
  SA 4158. 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 subtitle E of title V, add the following:

     SEC. 565. PROHIBITION ON USE OF FUNDS TO DISESTABLISH SENIOR 
                   RESERVE OFFICERS' TRAINING CORPS PROGRAMS.

       No amounts authorized to be appropriated by this Act may be 
     used--
       (1) to disestablish, or prepare to disestablish, a Senior 
     Reserve Officers' Training Corps program in accordance with 
     Department of Defense Instruction Number 1215.08, dated June 
     26, 2006; or
       (2) to close, downgrade from host to extension center, or 
     place on probation a Senior Reserve Officers' Training Corps 
     program in accordance with the information paper of the 
     Department of the Army titled ``Army Senior Reserve Officers 
     Training Corps (SROTC) Program Review and Criteria'' and 
     dated January 27, 2014, or any successor information paper or 
     policy of the Department of the Army.
                                 ______
                                 
  SA 4159. 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:

       On page 1032, after line 23, add the following:
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) it should be the policy of the United States to 
     support, within the framework of the Iraq Constitution, the 
     Kurdish Peshmerga in Iraq, Iraq Security Forces, Sunni tribal 
     forces, and other local security forces, including ethnic and 
     religious minority groups such as Iraqi Christian militias, 
     in the campaign against the Islamic State of Iraq and the 
     Levant;
       (2) recognizing the important role of the Kurdish Peshmerga 
     in Iraq in the military campaign against the Islamic State of 
     Iraq and the Levant in Iraq, the United States should provide 
     arms, training, and appropriate equipment directly to the 
     Kurdistan Regional Government;
       (3) efforts should be made to ensure transparency and 
     oversight mechanisms are in place for oversight of United 
     States assistance under section 1236 of the Carl Levin and 
     Howard P. ``Buck'' McKeon National Defense Authorization Act 
     for Fiscal Year 2015 in order to combat waste, fraud, and 
     abuse; and
       (4) securing safe areas, including the Nineveh Plain, for 
     purposes of resettling and reintegrating ethnic and religious 
     minorities, including victims of genocide, into their 
     homelands in Iraq is a critical component toward achieving a 
     safe, secure, and sovereign Iraq.
                                 ______
                                 
  SA 4160. Mr. RUBIO (for himself, Mr. Inhofe, and 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 F of title XII, add the following:

     SEC. 1247. UNITED STATES POLICY ON TAIWAN.

       (a) Findings.--Congress makes the following findings:
       (1) For more than 50 years, the United States and Taiwan 
     have had a unique and close relationship, which has supported 
     the economic, cultural, and strategic advantage to both 
     countries.
       (2) The United States has vital security and strategic 
     interests in the Taiwan Strait.
       (3) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 
     3301 et seq.) has been instrumental in maintaining peace, 
     security, and stability in the Taiwan Strait since its 
     enactment in 1979.
       (4) The Taiwan Relations Act states that it is the policy 
     of the United States to provide Taiwan with arms of a 
     defensive character and to maintain the capacity of the 
     United States to defend against any forms of coercion that 
     would jeopardize the security, or the social or economic 
     system, of the people on Taiwan.
       (b) Statement of Policy.--The Taiwan Relations Act (Public 
     Law 96-8; 22 U.S.C. 3301 et seq.) forms the cornerstone of 
     United States policy and relations with Taiwan.
       (c) Reports.--
       (1) Provision of defensive arms to taiwan.--Not later than 
     February 15, 2017, the Secretary of Defense and the Secretary 
     of State shall jointly brief the appropriate committees of 
     Congress on the steps the United States has taken, plans to 
     take, and will take to provide Taiwan with arms of a 
     defensive character, training, and software in accordance 
     with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 
     3301 et seq.).
       (2) Annual report on foreign military sales to taiwan.--
     Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is 
     amended by adding at the end the following new subsection:
       ``(j) At the end of each fiscal year, the Secretary of 
     Defense shall submit to the Committees on Armed Services and 
     Foreign Relations of the Senate and the Committees on Armed 
     Services and Foreign Affairs of the House of Representatives 
     a classified report that lists each request received from 
     Taiwan and each letter of offer to sell any defense articles 
     or services under this Act to Taiwan during such fiscal 
     year.''.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the congressional defense committees; and
       (B) the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.

[[Page S3200]]

  

                                 ______
                                 
  SA 4161. Mr. RUBIO (for himself and Mr. Cruz) 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 1204 and insert the following:

     SEC. 1204. PROHIBITION ON USE OF FUNDS FOR TRAVEL TO CUBA OR 
                   TO INVITE, ASSIST, OR OTHERWISE ASSURE THE 
                   PARTICIPATION OF CUBA IN CERTAIN JOINT OR 
                   MULTILATERAL EXERCISES.

       (a) Prohibition.--No amounts authorized to be appropriated 
     by this Act, or by any Act enacted before the date of the 
     enactment of this Act, may be used for a purpose specified in 
     subsection (b) until the Secretary of Defense, in 
     coordination with the Director of National Intelligence, 
     submits to Congress written assurances that--
       (1) the Cuban military has ceased committing human rights 
     abuses against civil rights activists and other citizens of 
     Cuba;
       (2) the Cuban military has ceased providing military 
     intelligence, weapons training, strategic planning, and 
     security logistics to the military and security forces of 
     Venezuela;
       (3) the Cuban military and other security forces in Cuba 
     have ceased all persecution, intimidation, arrest, 
     imprisonment, and assassination of dissidents and members of 
     faith based organizations;
       (4) the Government of Cuba no longer demands that the 
     United States relinquish control of Guantanamo Bay, in 
     violation of an international treaty; and
       (5) the officials of the Cuban military that were indicted 
     in the murder of United States citizens during the shootdown 
     of planes operated by the Brothers to the Rescue humanitarian 
     organization in 1996 are brought to justice.
       (b) Purposes.--The purposes specified in this subsection 
     are as follows:
       (1) To station personnel or authorize temporary duty for 
     personnel at the United States embassy in Cuba.
       (2) To invite, assist, or otherwise assure the 
     participation of the Government of Cuba in any joint or 
     multilateral exercise or related security conference between 
     the United States and Cuba.
       (c) Exception.--The prohibition in subsection (a) shall not 
     apply to any travel or joint or multilateral exercise or 
     operation related to humanitarian assistance or disaster 
     response.
                                 ______
                                 
  SA 4162. 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, 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) 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 an activity described in subsection (a) or has 
     taken significant verifiable and credible steps toward 
     stopping such an activity, 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 an activity 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) 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 4163. Mr. RUBIO (for himself, Mr. Inhofe, and 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:

       After section 1243, insert the following:

     SEC. 1243A. GRANT OF OBSERVER STATUS TO THE MILITARY FORCES 
                   OF TAIWAN AT RIM OF THE PACIFIC EXERCISES.

       (a) In General.--The Secretary of Defense shall grant 
     observer status to the military forces of Taiwan in any 
     maritime exercise known as the Rim of the Pacific Exercise.
       (b) Effective Date.--This section takes effect on the date 
     of the enactment of this Act, and applies with respect to any 
     maritime exercise described in subsection (a) that begins on 
     or after such date.
                                 ______
                                 
  SA 4164. Mr. RUBIO (for himself, Mr. Coons, 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 D of title XII, add the following:

     SEC. 1227. REPORT ON USE BY THE GOVERNMENT OF IRAN OF 
                   COMMERCIAL AIRCRAFT AND RELATED SERVICES FOR 
                   ILLICIT MILITARY OR OTHER ACTIVITIES.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and every 180 days thereafter, the 
     President, in consultation with the Secretary of Defense and 
     the Secretary of State, shall submit to the congressional 
     defense committees and the Committee on Foreign Relations of 
     the Senate and the Committee on Foreign Affairs of the House 
     of Representatives a report on the use by the Government of 
     Iran of

[[Page S3201]]

     commercial aircraft and related services for illicit military 
     or other activities during the 5-year period ending of such 
     date of enactment.
       (b) Elements of Report.--The report required under 
     subsection (a) shall include--
       (1) a description of the extent to which the Government of 
     Iran has used commercial aircraft or related services to 
     transport illicit cargo to or from Iran, including military 
     goods, weapons, military personnel, military-related 
     electronic parts and mechanical equipment, and rocket or 
     missile components;
       (2) a list of airports outside of Iran at which such 
     aircraft have landed;
       (3) a description of the extent to which the commercial 
     aviation sector of Iran has provided financial, material, and 
     technological support to the Islamic Revolutionary Guard 
     Corps or any of its agents or affiliates, including Mahan 
     Air;
       (4) a description of the extent to which foreign 
     governments and persons have facilitated the activities 
     described in paragraph (1), including allowing the use of 
     airports, services, or other resources; and
       (5) a description of the efforts of the President to 
     address the activities described in paragraphs (1), (3), and 
     (4).
                                 ______
                                 
  SA 4165. Mr. RUBIO (for himself, Mr. Kirk, Ms. Ayotte, Mr. Roberts, 
Mr. Toomey, and Mrs. Capito) 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. CLARIFICATION THAT FREEZING OF ASSETS OF IRANIAN 
                   FINANCIAL INSTITUTIONS INCLUDES ASSETS IN 
                   POSSESSION OR CONTROL OF A UNITED STATES PERSON 
                   PURSUANT TO A U-TURN TRANSACTION.

       Section 1245(c) of the National Defense Authorization Act 
     for Fiscal Year 2012 (22 U.S.C. 8513a) is amended--
       (1) by striking ``The President'' and inserting ``(1) In 
     general.--The President''; and
       (2) by adding at the end the following:
       ``(2) Treatment of certain transactions.--
       ``(A) U-turn transactions.--Property that comes within the 
     possession or control of a United States person pursuant to a 
     transfer of funds that arises from, and is ordinarily 
     incident and necessary to give effect to, an underlying 
     transaction shall be considered to come within the possession 
     or control of that person for purposes of paragraph (1).
       ``(B) Book transfers.--A transfer of funds or other 
     property for the benefit of an Iranian financial institution 
     that is made between accounts of the same financial 
     institution shall be considered property or interests in 
     property of that Iranian financial institution for purposes 
     of paragraph (1) even if that Iranian financial institution 
     is not the direct recipient of the transfer.''.
                                 ______
                                 
  SA 4166. Mr. COATS 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 XII, insert the 
     following:

     SEC. __. SENSE OF CONGRESS ON MILITARY RELATIONS BETWEEN THE 
                   UNITED STATES AND TAIWAN.

       It is the sense of Congress that the Government of the 
     People's Republic of China should not dictate military 
     relations between the United States and the Republic of 
     China.
                                 ______
                                 
  SA 4167. Mr. COATS 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. __. AUTHORITY FOR MILITARY PERSONNEL OF TAIWAN TO WEAR 
                   MILITARY UNIFORMS OF TAIWAN WHILE IN THE UNITED 
                   STATES.

       Members of the military forces of Taiwan who are wearing an 
     authorized uniform of such military forces in accordance with 
     applicable authorities of Taiwan are hereby authorized to 
     wear such uniforms while in the United States.
                                 ______
                                 
  SA 4168. Mr. COATS 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. REPORTS ON FORCE STRUCTURES REQUIRED BY THE NAVY 
                   AND THE AIR FORCE IN F-16 AND F-18 FIGHTER 
                   AIRCRAFT TO MAINTAIN WORLDWIDE AIR DOMINANCE 
                   AND AIR CONTROL.

       (a) In General.--Not later than September 30, 2017, the 
     Secretary of the Navy and the Secretary of the Air Force 
     shall each submit to the congressional defense committees a 
     report setting forth an assessment of the force structure in 
     F-16 and F-18 fighter aircraft required by the Navy and the 
     Air Force, respectively, in order to maintain worldwide air 
     dominance and air control.
       (b) Independent Assessments.--The Secretary of the Navy and 
     the Secretary of the Air Force shall each obtain the 
     assessment required for purposes of a report under subsection 
     (a) from a not-for profit entity independent of the 
     Department of Defense that is appropriate for the conduct of 
     the assessment. The same entity may conduct both assessments.
                                 ______
                                 
  SA 4169. Mr. COATS 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 V, add the following:

     SEC. __. REPORT ON DISCHARGE BY WARRANT OFFICERS OF PILOT AND 
                   OTHER FLIGHT OFFICER POSITIONS IN THE NAVY, 
                   MARINE, CORPS, AND AIR FORCE CURRENTLY 
                   DISCHARGED BY COMMISSIONED OFFICERS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of the Navy 
     and the Secretary of the Air Force shall each submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the feasibility and advisability 
     of the discharge by warrant officers of pilot and other 
     flight officer positions in the Armed Forces under the 
     jurisdiction of such Secretary that are currently discharged 
     by commissioned officers.
       (b) Elements.--Each report under subsection (a) shall set 
     forth, for each Armed Force covered by such report, the 
     following:
       (1) An assessment of the feasibility and advisability of 
     the discharge by warrant officers of pilot and other flight 
     officer positions that are currently discharged by 
     commissioned officers.
       (2) An identification of each such position, if any, for 
     which the discharge by warrant officers is assessed to be 
     feasible and advisable.
                                 ______
                                 
  SA 4170. Mr. COATS 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. __. AUTHORITY FOR VESSELS OF THE TAIWAN NAVY AND COAST 
                   GUARD ADMINISTRATION TO CALL ON UNITED STATES 
                   PORTS AND INSTALLATIONS OF THE UNITED STATES 
                   NAVY AND THE COAST GUARD.

       Vessels of the Taiwan Navy and the Taiwan Coast Guard 
     Administration are hereby authorized to call on United States 
     ports and on installations of the United States Navy and the 
     United States Coast Guard.
                                 ______
                                 
  SA 4171. Mr. PERDUE (for himself and Mr. Johnson) 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. SENSE OF CONGRESS ON RUSSIAN MILITARY AGGRESSION.

       (a) Findings.--Congress makes the following findings:
       (1) On May 25, 1972, the United States and the Soviet Union 
     signed the Agreement Between the Government of The United 
     States of America and the Government of The Union of Soviet 
     Socialist Republics on the Prevention of Incidents On and 
     Over the

[[Page S3202]]

     High Seas (the ``Agreement''). Russia and the United States 
     remain parties to the Agreement.
       (2) Article IV of the Agreement provides that ``Commanders 
     of aircraft of the Parties shall use the greatest caution and 
     prudence in approaching aircraft and ships of the other Party 
     operating on and over the high seas, and . . . shall not 
     permit simulated attacks by the simulated use of weapons 
     against aircraft and ships, or performance of various 
     aerobatics over ships''.
       (3) On January 25, 2016, a Russian Su-27 air-superiority 
     fighter flew within 15 feet of a United States Air Force RC-
     135U aircraft flying a routine patrol in international 
     airspace over the Black Sea.
       (4) On April 11, 2016, the USS DONALD COOK, an Arleigh-
     Burke-class guided-missile destroyer, was repeatedly buzzed 
     by Russian Su-24 attack aircraft while operating in the 
     Baltic Sea. United States officials described the low-passes 
     as having a ``simulated attack profile''.
       (5) On April 12, 2014, a Russian Su-24 again conducted 
     close-range low altitude passes for about 90 minutes near the 
     DONALD COOK.
       (6) The United States European Command expressed ``deep 
     concerns'' about the April 11 and 12, 2016, Russian close-
     range passes over the DONALD COOK and stated that the 
     maneuvers were ``unprofessional and unsafe''.
       (7) On April 14, 2016, a Russian Su-27 barrel-rolled over a 
     United States reconnaissance aircraft operating in 
     international airspace over the Baltic Sea, at one point 
     coming within 50 feet of the United States plane. The 
     Pentagon condemned the maneuver as ``erratic and 
     aggressive''.
       (8) On April 20, 2016, Russian Permanent Representative to 
     the North Atlantic Treaty Organization (NATO) Alexander 
     Grushko accused United States military aircraft and vessels 
     operating in international waters as attempting ``to exercise 
     military pressure on Russia'' and promised to ``take all 
     necessary measures [and] precautions, to compensate for these 
     attempts to use military force''.
       (9) On April 29, 2016, another Russian Su-27 performed 
     another barrel-roll over a United States Air Force RC-135 
     reconnaissance plane, this time coming within approximately 
     100 feet of the aircraft.
       (10) The commander of the United States Cyber Command, 
     Admiral Mike Rogers, warned Congress during a Senate hearing 
     that Russia and China can now launch crippling cyberattacks 
     on the electric grid and other critical infrastructures of 
     the United States.
       (11) Russia's military build-up and increasing Anti-Access/
     Area Denial capabilities in Kaliningrad and its expanded 
     operations in the Black Sea, the eastern Mediterranean Sea, 
     and in Syria aim to deny United States access to key areas of 
     Eurasia and often pose direct challenges to stated United 
     States interests.
       (12) The United States has determined that in 2015, Russia 
     continued to be in violation of obligations under 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 (the ``INF Treaty''), signed 
     in Washington, D.C. on December 8, 1987, and entered into 
     force June 1, 1988, not to possess, produce, or flight-test a 
     ground-launched cruise missile with a range capability of 500 
     km to 5,500 km, or to possess or produce launchers of such 
     missiles.
       (13) Russia is adding multiple, independently targetable 
     reentry vehicles or MIRVs to existing deployed road-mobile 
     SS-27 and submarine-launched SS-N-32 missiles thereby 
     doubling the number of its strategic nuclear warheads and 
     exceeding the 1,550 permitted under the Treaty between the 
     United States of America and the Russian Federation on 
     Measures for the Further Reduction and Limitation of 
     Strategic Offensive Arms (the ``New START Treaty''), signed 
     April 8, 2010, and entered into force February 5, 2011
       (14) General Philip Breedlove, Commander of United States 
     European Command, stated that ``we face a resurgent and 
     aggressive Russia, and as we have continued to witness these 
     last two years, Russia continues to seek to extend its 
     influence on its periphery and beyond''.
       (b) Sense of Congress.--Congress--
       (1) condemns the recent dangerous and unprofessional 
     Russian intercepts of United States-flagged aircraft and 
     vessels;
       (2) calls on the Government of the Russian Federation to 
     cease provocative military maneuvers that endanger United 
     States forces and those of its allies;
       (3) calls on the United States, its European allies, and 
     the international community to continue to apply pressure on 
     the Government of the Russian Federation to cease its 
     provocative international behavior; and
       (4) reaffirms the right of the United States to operate 
     military aircraft and vessels in international airspace and 
     waters.
                                 ______
                                 
  SA 4172. Mr. KIRK (for himself, Mr. Manchin, Mr. Roberts, Mr. 
Menendez, Ms. Murkowski, Mr. Cardin, Mr. Rubio, Mr. Vitter, Mr. Tillis, 
Mr. Cruz, Mr. Portman, Ms. Ayotte, Mr. Hatch, and Mr. Nelson) 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 Israel

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Combating BDS Act of 
     2016''.

     SEC. 1282. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST 
                   FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, 
                   DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING 
                   ISRAEL.

       (a) Authority To Divest.--Notwithstanding any other 
     provision of law, a State or local government may adopt and 
     enforce measures that meet the notice requirement of 
     subsection (b) to divest the assets of the State or local 
     government from, or prohibit investment of the assets of the 
     State or local government in--
       (1) an entity that the State or local government 
     determines, using credible information available to the 
     public, engages in a commerce-related or investment-related 
     boycott, divestment, or sanctions activity targeting Israel;
       (2) a successor entity or subunit of an entity described in 
     paragraph (1); or
       (3) an entity that owns or controls, is owned or controlled 
     by, or is under common ownership or control with, an entity 
     described in paragraph (1).
       (b) Notice Requirement.--
       (1) In general.--A State or local government shall provide 
     written notice to each entity to which a measure taken by the 
     State or local government under subsection (a) is to be 
     applied before applying the measure with respect to the 
     entity.
       (2) Rule of construction.--Paragraph (1) shall not be 
     construed to prohibit a State or local government from taking 
     additional steps to provide due process with respect to an 
     entity to which a measure is to be applied under subsection 
     (a).
       (c) Nonpreemption.--A measure of a State or local 
     government authorized under subsection (a) is not preempted 
     by any Federal law.
       (d) Effective Date.--This section applies to any measure 
     adopted by a State or local government before, on, or after 
     the date of the enactment of this Act.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to abridge the authority of a State to issue and 
     enforce rules governing the safety, soundness, and solvency 
     of a financial institution subject to its jurisdiction or the 
     business of insurance pursuant to the Act of March 9, 1945 
     (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly 
     known as the ``McCarran-Ferguson Act'').
       (f) Definitions.--In this section:
       (1) Assets.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``assets'' means any pension, retirement, annuity, 
     or endowment fund, or similar instrument, that is controlled 
     by a State or local government.
       (B) Exception.--The term ``assets'' does not include 
     employee benefit plans covered by title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1001 et 
     seq.).
       (2) Boycott, divestment, or sanctions activity targeting 
     israel.--The term ``boycott, divestment, or sanctions 
     activity targeting Israel'' means any activity that is 
     intended to penalize, inflict economic harm on, or otherwise 
     limit commercial relations with Israel or persons doing 
     business in Israel or in Israeli-controlled territories for 
     purposes of coercing political action by, or imposing policy 
     positions on, the Government of Israel.
       (3) Entity.--The term ``entity'' includes--
       (A) any corporation, company, business association, 
     partnership, or trust; and
       (B) any governmental entity or instrumentality of a 
     government, including a multilateral development institution 
     (as defined in section 1701(c)(3) of the International 
     Financial Institutions Act (22 U.S.C. 262r(c)(3))).
       (4) Investment.--The term ``investment'' includes--
       (A) a commitment or contribution of funds or property;
       (B) a loan or other extension of credit; and
       (C) the entry into or renewal of a contract for goods or 
     services.
       (5) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Commonwealth of the Northern Mariana Islands, 
     American Samoa, Guam, the United States Virgin Islands, and 
     any other territory or possession of the United States.
       (6) State or local government.--The term ``State or local 
     government'' includes--
       (A) any State and any agency or instrumentality thereof;
       (B) any local government within a State and any agency or 
     instrumentality thereof; and
       (C) any other governmental instrumentality of a State or 
     locality.

     SEC. 1283. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY 
                   ASSET MANAGERS.

       Section 13(c)(1) of the Investment Company Act of 1940 (15 
     U.S.C. 80a-13(c)(1)) is amended--
       (1) in subparagraph (A), by striking ``; or'' and inserting 
     a semicolon;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) engage in any boycott, divestment, or sanctions 
     activity targeting Israel described

[[Page S3203]]

     in section 1282 of the Combating BDS Act of 2016.''.
                                 ______
                                 
  SA 4173. 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 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. ___. STANDARDIZATION OF AMOUNTS RECEIVABLE BY DISABILITY 
                   RETIREES WITH LESS THAN 20 YEARS OF SERVICE 
                   UNDER COMBAT-RELATED SPECIAL COMPENSATION AND 
                   CONCURRENT RECEIPT OF RETIRED PAY AND VETERANS' 
                   DISABILITY COMPENSATION.

       (a) Standardization of Similar Provisions.--Paragraph (2) 
     of section 1414(b) of title 10, United States Code, is 
     amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on July 1, 2017, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 4174. 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 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 subtitle D of title V, add the 
     following:

     SEC. ___. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR MILITARY 
                   RETIREES WITH SERVICE-CONNECTED DISABILITIES 
                   RATED 40 PERCENT DISABLING.

       (a) In General.--Subsection (a)(2) of section 1414 of title 
     10, United States Code, is amended by striking ``means'' and 
     all that follows and inserting ``means the following:
       ``(A) During the period beginning on January 1, 2004, and 
     ending on June 30, 2017, a service-connected disability or 
     combination of service-connected disabilities that is rated 
     as not less than 50 percent disabling by the Secretary of 
     Veterans Affairs.
       ``(B) After June 30, 2017, a service-connected disability 
     or combination of service-connected disabilities that is 
     rated as not less than 40 percent disabling by the Secretary 
     of Veterans Affairs.''.
       (b) Clerical Amendments.--
       (1) The heading of such section is amended to read as 
     follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation rated 40 
       percent or higher: concurrent payment of retired pay and 
       disability compensation''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 71 of such title is 
     amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation rated 40 percent or 
              higher: concurrent payment of retired pay and disability 
              compensation.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on July 1, 2017, and shall apply to 
     payments for months beginning on or after that date.

     SEC. ___. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendment To Standardize Similar Provisions.--Paragraph 
     (2) of section 1414(b) of title 10, United States Code, is 
     amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on July 1, 2017, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 4175. 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 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. ___. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR CERTAIN 
                   MILITARY RETIREES WITH COMPENSABLE SERVICE-
                   CONNECTED DISABILITIES.

       (a) Extension of Concurrent Receipt Authority to Retirees 
     With Service-Connected Disabilities Rated Less Than 50 
     Percent.--Subsection (a) of section 1414 of title 10, United 
     States Code, is amended by striking paragraph (2).
       (b) Clerical Amendments.--
       (1) The heading of such section is amended to read as 
     follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       payment of retired pay and disability compensation''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 71 of such title is 
     amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent payment of 
              retired pay and disability compensation.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on July 1, 2017, and shall apply to 
     payments for months beginning on or after that date.

     SEC. ___. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendments To Standardize Similar Provisions.--
       (1) Qualified retirees.--Subsection (a) of section 1414 of 
     title 10, United States Code, is amended--
       (A) by striking ``a member or'' and all that follows 
     through ``retiree')'' and inserting ``a qualified retiree''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(2) Qualified retirees.--For purposes of this section, a 
     qualified retiree, with respect to any month, is a member or 
     former member of the uniformed services who--
       ``(A) is entitled to retired pay (other than by reason of 
     section 12731b of this title); and
       ``(B) is also entitled for that month to veterans' 
     disability compensation.''.
       (2) Disability retirees.--Paragraph (2) of subsection (b) 
     of section 1414 of such title is amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on July 1, 2017, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 4176. 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 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 VI, add the 
     following:

     SEC. ___. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR MILITARY 
                   RETIREES WITH COMPENSABLE SERVICE-CONNECTED 
                   DISABILITIES.

       (a) Restatement of Current Concurrent Payment Authority 
     With Extension of Payment Authority to Retirees With 
     Compensable Service-Connected Disabilities Rated Less Than 50 
     Percent Disabling.--Subsection (a) of section 1414 of title 
     10, United States Code, is amended by striking paragraphs (1) 
     and (2) and inserting the following new paragraphs:
       ``(1) In general.--Subject to paragraphs (2), (3), and (4) 
     and subsection (b), a member or former member of the 
     uniformed services who is entitled for any month to retired 
     pay and who is also entitled for that month to veterans' 
     disability compensation for a service-connected disability or 
     combination of service-connected disabilities that is 
     compensable under the laws administered by the

[[Page S3204]]

     Secretary of Veterans Affairs (hereinafter in this section 
     referred to as `qualified retiree') is entitled to be paid 
     both for that month without regard to sections 5304 and 5305 
     of title 38.
       ``(2) One-year phase-in for qualified retirees with total 
     disabilities.--During the period beginning on January 1, 
     2004, and ending on December 31, 2004, payment of retired pay 
     to a qualified retiree is subject to subsection (c) if the 
     qualified retiree is any of the following:
       ``(A) A qualified retiree receiving veterans' disability 
     compensation for a disability rated as 100 percent disabling 
     by the Secretary of Veterans Affairs.
       ``(B) A qualified retiree receiving veterans' disability 
     compensation at the rate payable for a disability rated as 
     100 percent disabling by reason of a determination of 
     individual unemployability.
       ``(3) 10-year phase-in for qualified retirees with 
     disabilities rated 50 percent disabling or higher.--During 
     the period beginning on January 1, 2004, and ending on 
     December 31, 2013, payment of retired pay to a qualified 
     retiree is subject to subsection (c) if the qualified retiree 
     is entitled to veterans' disability compensation for a 
     service-connected disability or combination of service-
     connected disabilities that is rated not less than 50 percent 
     disabling by the Secretary of Veterans Affairs.
       ``(4) 10-year phase-in for qualified retirees with 
     compensable disabilities rated less than 50 percent 
     disabling.--During the period beginning on January 1, 2017, 
     and ending on December 31, 2026, payment of retired pay to a 
     qualified retiree is subject to subsection (d) if the 
     qualified retiree is entitled to veterans' disability 
     compensation for a service-connected disability or 
     combination of service-connected disabilities that is rated 
     less than 50 percent disabling by the Secretary of Veterans 
     Affairs but is compensable under the laws administered by the 
     Secretary of Veterans Affairs.''.
       (b) Phase-in for Qualified Retirees With Compensable 
     Disabilities Rated Less Than 50 Percent Disabling.--Such 
     section is further amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Phase-in of Full Concurrent Receipt for Qualified 
     Retirees With Compensable Disabilities Rated Less Than 50 
     Percent Disabling.--During the period beginning on January 1, 
     2017, and ending on December 31, 2026, retired pay payable to 
     a qualified retiree that pursuant to subsection (a)(4) is 
     subject to this subsection shall be determined as follows:
       ``(1) Calendar year 2017.--For a month during 2017, the 
     amount of retired pay payable to a qualified retiree is the 
     amount (if any) of retired pay in excess of the current 
     baseline offset, plus $100.
       ``(2) Calendar year 2018.--For a month during 2018, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount specified in paragraph (1) for that 
     qualified retiree; and
       ``(B) 10 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount specified in paragraph 
     (1) for that member's disability.
       ``(3) Calendar year 2019.--For a month during 2019, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (2) for that 
     qualified retiree; and
       ``(B) 20 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (2) for that qualified retiree.
       ``(4) Calendar year 2020.--For a month during 2020, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (3) for that 
     qualified retiree; and
       ``(B) 30 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (3) for that qualified retiree.
       ``(5) Calendar year 2021.--For a month during 2021, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (4) for that 
     qualified retiree; and
       ``(B) 40 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (4) for that qualified retiree.
       ``(6) Calendar year 2022.--For a month during 2022, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (5) for that 
     qualified retiree; and
       ``(B) 50 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (5) for that qualified retiree.
       ``(7) Calendar year 2023.--For a month during 2023, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (6) for that 
     qualified retiree; and
       ``(B) 60 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (6) for that qualified retiree.
       ``(8) Calendar year 2024.--For a month during 2024, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (7) for that 
     qualified retiree; and
       ``(B) 70 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (7) for that qualified retiree.
       ``(9) Calendar year 2025.--For a month during 2025, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (8) for that 
     qualified retiree; and
       ``(B) 80 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (8) for that qualified retiree.
       ``(10) Calendar year 2026.--For a month during 2026, the 
     amount of retired pay payable to a qualified retiree is the 
     sum of--
       ``(A) the amount determined under paragraph (9) for that 
     qualified retiree; and
       ``(B) 90 percent of the difference between (i) the current 
     baseline offset, and (ii) the amount determined under 
     paragraph (9) for that qualified retiree.
       ``(11) General limitation.--Retired pay determined under 
     this subsection for a qualified retiree, if greater than the 
     amount of retired pay otherwise applicable to that qualified 
     retiree, shall be reduced to the amount of retired pay 
     otherwise applicable to that qualified retiree.''.
       (c) Conforming Amendments to Phase-in for Qualified 
     Retirees With Disabilities Rated 50 Percent Disabling or 
     Higher.--Subsection (c) of such section is amended--
       (1) in the subsection caption, by inserting ``for Qualified 
     Retirees With Disabilities Rated 50 Percent Disabling or 
     Higher'' after ``Full Concurrent Receipt''; and
       (2) by striking ``the second sentence of subsection 
     (a)(1)'' and inserting ``subsection (a)(3)''.
       (d) Clerical Amendments.--
       (1) The heading of such section is amended to read as 
     follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       payment of retired pay and disability compensation''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 71 of such title is 
     amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent payment of 
              retired pay and disability compensation.''.

       (e) Effective Date.--The amendments made by this section 
     shall take effect on December 31, 2016, and shall apply to 
     payments for months beginning on or after that date.

     SEC. ___. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendment To Standardize Similar Provisions.--Paragraph 
     (2) of section 1414(b) of title 10, United States Code, is 
     amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on July 1, 2017, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 4177. 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 XXVI, add the following:

     SEC. 2615. REPORT ON REPLACEMENT OF SECURITY FORCES AND 
                   COMMUNICATIONS TRAINING FACILITY AT FRANCES S. 
                   GABRESKI AIR NATIONAL GUARD BASE, NEW YORK.

       (a) Findings.--Congress makes the following findings:
       (1) The 106th Rescue Wing at Francis S. Gabreski Air 
     National Guard Base, New York, provides combat search and 
     rescue coverage for United States and allied forces.
       (2) The mission of 106th Rescue Wing is to provide 
     worldwide Personnel Recovery, Combat Search and Rescue 
     Capability, Expeditionary Combat Support, and Civil Search 
     and Rescue Support to Federal and State entities.
       (3) The current security forces and communications facility 
     at Frances S. Gabreski Air National Guard Base, specifically 
     building 250, has fire safety deficiencies and does not 
     comply with anti-terrorism/force protection standards, 
     creating hazardous conditions for members of the Armed Forces 
     and requiring expeditious abatement.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Air Force shall 
     submit to

[[Page S3205]]

     the congressional defense committees a report setting forth 
     an assessment of the need to replace the security forces and 
     communications training facility at Frances S. Gabreski Air 
     National Guard Base.
                                 ______
                                 
  SA 4178. 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 G of title V, add the following:

     SEC. 590. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF 
                   THE NAMES OF THE 74 MEMBERS OF THE CREW OF THE 
                   U.S.S. FRANK E. EVANS WHO PERISHED ON JUNE 3, 
                   1969.

       (a) Finding.--Congress makes the following findings:
       (1) On June 3, 1969, 74 sailors aboard the U.S.S. Frank E. 
     Evans perished when their vessel was struck in the South 
     China Sea during a Southeast Asia Treaty Organization 
     exercise. The U.S.S. Frank E. Evans had been providing fire 
     for combat operations in Vietnam prior to the exercise that 
     resulted in this catastrophic accident and was scheduled to 
     return upon completion of the exercise.
       (2) The families of the lost 74 have been fighting for 
     decades for their loved ones to receive the recognition they 
     deserve. Exceptions have been granted to inscribe names on 
     the Vietnam Memorial Wall for other members of the Armed 
     Forces who were killed outside of the designated combat zone, 
     including in 1983 when President Reagan ordered that 68 
     Marines who died on a flight outside of the combat zone be 
     added to the Wall. Secretary of the Navy Ray Mabus also 
     expressed support for the inclusion of the 74 names of those 
     lost on the U.S.S. Frank E. Evans in June 1969.
       (3) Those crewmembers aboard were essential to United 
     States military efforts in Vietnam, and their presence in the 
     South China Sea was directly related to their combat 
     deployment. This heroism and sacrifice should not go 
     unrecognized because of an arbitrary line on a map, as their 
     combat-related service deserves comparable acknowledgment. 
     The Vietnam Veterans Memorial Wall is a symbolic beacon of 
     reflection and healing for generations. It is a sanctuary of 
     honor for our members of the Armed Forces and family alike.
       (b) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Defense shall provide 
     the Required Review of Vietnam Era Ships detailing the 
     findings of the ship logs and operational analysis of the 
     U.S.S. Frank E. Evans.
       (c) Approval of Inclusion.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall, in coordination with the Secretary of the 
     Interior, approve the inclusion on the Vietnam Veterans 
     Memorial Wall of the names of the 74 sailors of the U.S.S. 
     Frank E. Evans who perished on June 3, 1969.
                                 ______
                                 
  SA 4179. Ms. CANTWELL (for herself, Mr. Vitter, and 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 insert the following:

     SEC. 899C. INCLUSION OF WOMEN'S BUSINESS CENTERS AS APPROVED 
                   VENDORS UNDER DEPARTMENT OF DEFENSE MENTOR-
                   PROTEGE PROGRAM.

       Section 831(f)(6) of the National Defense Authorization Act 
     for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 
     note) is amended--
       (1) in subparagraph (B), by striking ``; or'' and inserting 
     a semicolon;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) women's business centers described in section 29 of 
     the Small Business Act (15 U.S.C. 656).''.
                                 ______
                                 
  SA 4180. Mr. BLUMENTHAL (for himself, Mr. Leahy, and Mr. Franken) 
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. ____. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND 
                   REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED 
                   SERVICES.

       (a) Clarification Regarding Definition of Rights and 
     Benefits.--Section 4303(2) of title 38, United States Code, 
     is amended--
       (1) by inserting ``(A)'' before ``The term''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Any procedural protections or provisions set forth in 
     this chapter shall also be considered a right or benefit 
     subject to the protection of this chapter.''.
       (b) Clarification Regarding Relation to Other Law and Plans 
     for Agreements.--Section 4302 of such title is amended by 
     adding at the end the following:
       ``(c)(1) Pursuant to this section and the procedural rights 
     afforded by subchapter III of this chapter, any agreement to 
     arbitrate a claim under this chapter is unenforceable, unless 
     all parties consent to arbitration after a complaint on the 
     specific claim has been filed in court or with the Merit 
     Systems Protection Board and all parties knowingly and 
     voluntarily consent to have that particular claim subjected 
     to arbitration.
       ``(2) For purposes of this subsection, consent shall not be 
     considered voluntary when a person is required to agree to 
     arbitrate an action, complaint, or claim alleging a violation 
     of this chapter as a condition of future or continued 
     employment, advancement in employment, or receipt of any 
     right or benefit of employment.''.
                                 ______
                                 
  SA 4181. Mr. FLAKE 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 of division A, add the 
     following:

     SEC. 1097. RESTRICTIONS ON THE ESTABLISHMENT OF NATIONAL 
                   MONUMENTS.

       Section 320301 of title 54, United States Code, is amended 
     by adding at the end the following:
       ``(e) Restrictions on the Establishment of National 
     Monuments in Military Operations Areas.--The President shall 
     not establish a national monument under this section on land 
     that is located under the lateral boundaries of a military 
     operations area (as the term is defined in section 1.1 of 
     title 14, Code of Federal Regulations (or successor 
     regulations)), unless the proclamation includes language that 
     ensures that the establishment of the national monument would 
     not place any new limits on--
       ``(1) any flight operations of military aircraft;
       ``(2) the designation of a new unit of special use 
     airspace;
       ``(3) the use or establishment of military flight training 
     routes; or
       ``(4) air or ground access for--
       ``(A) emergency response;
       ``(B) electronic tracking and communications;
       ``(C) landing and drop zones; or
       ``(D) readiness training by the Air Force, joint forces, 
     and coalition forces, including training using motorized 
     vehicles on- or off-road, in accordance with applicable 
     interagency agreements.''.
                                 ______
                                 
  SA 4182. Mr. FLAKE 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. 314. INSTALLATION RENEWABLE ENERGY PROJECT DATABASE.

       (a) Limitation.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a searchable database to uniformly report 
     information regarding installation renewable energy projects 
     undertaken since 2010.
       (b) Elements.--The database established under subsection 
     (a) shall include, for each installation energy project--
       (1) the estimated project costs;
       (2) estimated power generation;
       (3) estimated total cost savings;
       (4) estimated payback period;
       (5) total project costs;
       (6) actual power generation;
       (7) actual cost savings to date;
       (8) current operational status; and
       (9) access to relevant business case documents, including 
     the economic viability assessment.
       (c) Non-disclosure of Certain Information.--
       (1) In general.--The Secretary of Defense may, on a case-
     by-case basis, withhold from inclusion in the database 
     established under subsection (a) information pertaining to 
     individual projects if the Secretary determines that the 
     disclosure of such information would jeopardize operational 
     security.

[[Page S3206]]

       (2) Required disclosure.--In the event the Secretary 
     withholds information related to one or more renewable energy 
     projects under paragraph (1), the Secretary shall include in 
     the database--
       (A) a statement that information has been withheld; and
       (B) an aggregate amount for each of paragraphs (1), (2), 
     (3), (5), (6), and (7) of subsection (b) that includes 
     amounts for all renewable energy projects described under 
     subsection (a), including those with respect to which 
     information has been withheld under paragraph (1) of this 
     subsection.
       (d) Updates.--The database established under subsection (a) 
     shall be updated not less than quarterly.
                                 ______
                                 
  SA 4183. Mr. FLAKE 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. ACKNOWLEDGMENT OF FEDERAL FUNDING IN PUBLICATION 
                   OF REPORTS ON STUDIES FUNDED BY THE DEPARTMENT 
                   OF DEFENSE.

       (a) Acknowledgment.--Each report on a covered study that is 
     submitted, issued, published, presented at a conference or 
     meeting, or otherwise made available to the public shall 
     clearly disclose, in the acknowledgment section of such 
     report, the following:
       (1) The department, agency, element, or component of the 
     Department of Defense that provided funding for the covered 
     study.
       (2) The project or award number of the covered study.
       (3) An estimate of the total cost of the covered study.
       (b) Covered Study Defined.--In this section, the term 
     ``covered study'' means any study that is carried out in 
     whole or in part with Federal funds, regardless of by whom 
     carried out.
       (1) To include a price tag estimating the cost to taxpayers 
     on studies funded by the Department of Defense.
                                 ______
                                 
  SA 4184. Mr. FLAKE 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:

     SEC. 2804. USE OF PROJECT LABOR AGREEMENTS IN MILITARY 
                   CONSTRUCTION PROJECTS AND MILITARY FAMILY 
                   HOUSING PROJECTS.

       (a) Requirements.--Section 2852 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(d)(1) The Secretary of Defense and the Secretaries of 
     the military departments awarding a construction contract on 
     behalf of the Government, in any solicitations, bid 
     specifications, project agreements, or other controlling 
     documents, shall not--
       ``(A) require or prohibit bidders, offerors, contractors, 
     or subcontractors to enter into or adhere to agreements with 
     one or more labor organizations; and
       ``(B) discriminate against or give preference to bidders, 
     offerors, contractors, or subcontractors based on their 
     entering or refusing to enter into such an agreement.
       ``(2) Nothing in this subsection shall prohibit a 
     contractor or subcontractor from voluntarily entering into 
     such an agreement, as is protected by the National Labor 
     Relations Act (29 U.S.C. 151 et seq.).''.
       (b) Application of Amendment.--The amendment made by 
     subsection (a) shall not apply to construction contracts 
     awarded before the date of the enactment of this Act.
                                 ______
                                 
  SA 4185. Mr. FLAKE 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. CONSOLIDATION OF FINANCIAL LITERACY PROGRAMS AND 
                   TRAINING FOR MEMBERS OF THE ARMED FORCES.

       (a) Plan Required.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report setting forth a plan 
     for the consolidation of the current financial literacy 
     training programs of the Department of Defense and the 
     military departments for members of the Armed Forces into a 
     single program of financial literacy training for members 
     that--
       (1) eliminates duplication and costs in the provision of 
     financial literacy training to members; and
       (2) ensures that members receive effective training in 
     financial literacy in as few training sessions as is 
     necessary for the receipt of effective training.
       (b) Implementation.--The Secretary of Defense and the 
     Secretaries of the military departments shall commence 
     implementation of the plan required by subsection (a) 90 days 
     after the date of the submittal of the plan as required by 
     that subsection.
                                 ______
                                 
  SA 4186. Mr. FLAKE 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 212.
                                 ______
                                 
  SA 4187. Mr. FLAKE 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. CONSERVATION AND REHABILITATION OF NATURAL 
                   RESOURCES ON MILITARY INSTALLATIONS.

       Section 101(a)(3)(A)(ii) of the Sikes Act (16 U.S.C. 
     670a(a)(3)(A)(ii)) is amended by inserting ``, which 
     activities shall be conducted in accordance with applicable 
     laws (including regulations) of the State in which the 
     installation is located'' after ``nonconsumptive uses''.
                                 ______
                                 
  SA 4188. Mr. FLAKE 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. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   PROGRAMS AND ACTIVITIES UNDER BUDGET FUNCTION 
                   050 THAT DO NOT DIRECTLY IMPACT OR SUPPORT THE 
                   NATIONAL DEFENSE OF THE UNITED STATES.

       (a) Report Required.--Not later than September 30, 2017, 
     the Comptroller General of the United States shall submit to 
     Congress a report that identifies each program or activity 
     for which funds were provided under budget function 050 
     during fiscal year 2016 that did not have a direct impact on, 
     or directly support, the national defense of the United 
     States.
       (b) Elements.--The report under subsection (a) shall 
     include, for each program and activity identified in the 
     report, the following:
       (1) A description of the program or activity.
       (2) The amount of funds provided under budget function 050 
     during fiscal year 2016 for the program or activity.
       (c) Definitions.--In this section:
       (1) The term ``direct impact'', with respect to a program 
     or activity and the national defense of the United States, 
     means the program or activity had an immediate effect on the 
     ability of the Armed Forces to be employed to protect and 
     advance national interests of the United States.
       (2) The term ``direct support'', with respect to a program 
     or activity and the national defense of the United States, 
     means the program or activity provided a service to one or 
     more components of the United States Government that was used 
     to protect and advance national interests of the United 
     States, including members of the Armed Forces and weapon 
     systems.
                                 ______
                                 
  SA 4189. Mr. FLAKE 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. REPORT ON MILITARY BANDS.

       Not later than December 1, 2016, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report, in 
     unclassified form, on military bands. The report shall set 
     forth the following:

[[Page S3207]]

       (1) The current number and location of military bands, by 
     Armed Force.
       (2) The cost of military bands (including costs of 
     recruitment, training, facilities, and transportation) during 
     fiscal year 2016.
       (3) The number of members of the Armed Forces assigned to 
     military bands during fiscal year 2016.
       (4) The history of reductions in military bands during the 
     five fiscal years ending in fiscal year 2016.
       (5) An assessment of the feasibility and advisability of 
     combining military bands at joint locations.
                                 ______
                                 
  SA 4190. Mr. FLAKE 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 XV, add the following:

     SEC. 1523. REPROGRAMMING OF CERTAIN FUNDS FOR OPERATION AND 
                   MAINTENANCE FOR OVERSEAS CONTINGENCY 
                   OPERATIONS.

       (a) Reprogramming Requirement.--The Secretary of Defense 
     shall submit to the congressional defense committees a 
     reprogramming or transfer request in the amount of 
     $406,396,696 from unobligated funds in the Operation and 
     Maintenance, Defense-wide, account and available for the 
     Office of Economic Adjustment, or for transfer to the 
     Secretary of Education, to construct, renovate, repair, or 
     expand elementary and secondary public schools on military 
     installations in order to address capacity or facility 
     condition deficiencies at such schools, to the Operation and 
     Maintenance, Overseas Contingency Operations, account.
       (b) Treatment of Reprogramming.--The transfer of an amount 
     pursuant to subsection (a) shall not be deemed to increase 
     the amount authorized to be appropriated for fiscal year 2017 
     for operation and maintenance for overseas contingency 
     operations by section 1505.
                                 ______
                                 
  SA 4191. Mr. FLAKE (for himself 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 title X, add the following:

  Subtitle J--Elimination, Neutralization, and Disruption of Wildlife 
                              Trafficking

     SECTION 1099A. SHORT TITLE.

       (a) Short Title.--This subtitle may be cited as the 
     ``Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act 
     of 2016''.

     SEC. 1099B. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (2) Co-chairs of the task force.--The term ``Co-Chairs of 
     the Task Force'' means the Secretary of State, the Secretary 
     of the Interior, and the Attorney General, as established 
     pursuant to Executive Order 13648.
       (3) Community conservation .--The term ``community 
     conservation'' means an approach to conservation that 
     recognizes the rights of local people to sustainably manage, 
     or benefit directly and indirectly from wildlife and other 
     natural resources and includes--
       (A) devolving management and governance to local 
     communities to create positive conditions for sustainable 
     resource use; and
       (B) building the capacity of communities for conservation 
     and natural resource management.
       (4) Country of concern.--The term ``country of concern'' 
     refers to a foreign country specially designated by the 
     Secretary of State pursuant to subsection (b) of section 
     1099I as a major source of wildlife trafficking products or 
     their derivatives, a major transit point of wildlife 
     trafficking products or their derivatives, or a major 
     consumer of wildlife trafficking products, in which the 
     government has actively engaged in or knowingly profited from 
     the trafficking of endangered or threatened species.
       (5) Focus country.--The term ``focus country'' refers to a 
     foreign country determined by the Secretary of State to be a 
     major source of wildlife trafficking products or their 
     derivatives, a major transit point of wildlife trafficking 
     products or their derivatives, or a major consumer of 
     wildlife trafficking products.
       (6) Defense article; defense service; significant military 
     equipment; training.--The terms ``defense article'', 
     ``defense service'', ``significant military equipment'', and 
     ``training'' have the meanings given such terms in section 47 
     of the Arms Export Control Act (22 U.S.C. 2794).
       (7) Implementation plan.--The term ``Implementation Plan'' 
     means the Implementation Plan for the National Strategy for 
     Combating Wildlife Trafficking released on February 11, 2015, 
     a modification of that plan, or a successor plan.
       (8) National strategy.--The term ``National Strategy'' 
     means the National Strategy for Combating Wildlife 
     Trafficking published on February 11, 2014, a modification of 
     that strategy, or a successor strategy.
       (9) National wildlife services.--The term ``national 
     wildlife services'' refers to the ministries and government 
     bodies designated to manage matters pertaining to wildlife 
     management, including poaching or trafficking, in a focus 
     country.
       (10) Security force.--The term ``security force'' means a 
     military, law enforcement, gendarmerie, park ranger, or any 
     other security force with a responsibility for protecting 
     wildlife and natural habitats.
       (11) Task force.--The term ``Task Force'' means the 
     Presidential Task Force on Wildlife Trafficking, as 
     established by Executive Order 13648 (78 Fed. Reg. 40621) and 
     modified by section 201.
       (12) Wildlife trafficking.--The term ``wildlife 
     trafficking'' refers to the poaching or other illegal taking 
     of protected or managed species and the illegal trade in 
     wildlife and their related parts and products.

                      PART I--PURPOSES AND POLICY

     SEC. 1099E. PURPOSES.

       The purposes of this subtitle are--
       (1) to support a collaborative, interagency approach to 
     address wildlife trafficking;
       (2) to protect and conserve the remaining populations of 
     wild elephants, rhinoceroses, and other species threatened by 
     poaching and the illegal wildlife trade;
       (3) to disrupt regional and global transnational organized 
     criminal networks and to prevent the illegal wildlife trade 
     from being used as a source of financing for criminal groups 
     that undermine United States and global security interests;
       (4) to prevent wildlife poaching and trafficking from being 
     a means to make a living in focus countries;
       (5) to support the efforts of, and collaborate with, 
     individuals, communities, local organizations, and foreign 
     governments to combat poaching and wildlife trafficking;
       (6) to assist focus countries in implementation of national 
     wildlife anti-trafficking and poaching laws; and
       (7) to ensure that United States assistance to prevent and 
     suppress illicit wildlife trafficking is carefully planned 
     and coordinated, and that it is systematically and rationally 
     prioritized on the basis of detailed analysis of the nature 
     and severity of threats to wildlife and the willingness and 
     ability of foreign partners to cooperate effectively toward 
     these ends.

     SEC. 1099F. STATEMENT OF UNITED STATES POLICY.

       It is the policy of the United States--
       (1) to take immediate actions to stop the illegal global 
     trade in wildlife and wildlife products and associated 
     transnational organized crime;
       (2) to provide technical and other forms of assistance to 
     help focus countries halt the poaching of elephants, 
     rhinoceroses, and other imperiled species and end the illegal 
     trade in wildlife and wildlife products, including by 
     providing training and assistance in--
       (A) wildlife protection and management of wildlife 
     populations;
       (B) anti-poaching and effective management of protected 
     areas including community managed and privately-owned lands;
       (C) local engagement of security forces in anti-poaching 
     responsibilities, where appropriate;
       (D) wildlife trafficking investigative techniques, 
     including forensic tools;
       (E) transparency and corruption issues;
       (F) management, tracking, and inventory of confiscated 
     wildlife contraband;
       (G) demand reduction strategies in countries that lack the 
     means and resources to conduct them; and
       (H) bilateral and multilateral agreements and cooperation;
       (3) to employ appropriate assets and resources of the 
     United States Government in a coordinated manner to curtail 
     poaching and disrupt and dismantle illegal wildlife trade 
     networks and the financing of those networks in a manner 
     appropriate for each focus country;
       (4) to build upon the National Strategy and Implementation 
     Plan to further combat wildlife trafficking in a holistic 
     manner and guide the response of the United States Government 
     to ensure progress in the fight against wildlife trafficking; 
     and
       (5) to recognize the ties of wildlife trafficking to 
     broader forms of transnational organized criminal activities, 
     including trafficking, and where applicable, to focus on 
     those crimes in a coordinated, cross-cutting manner.

        PART II--REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES

     SEC. 1099I. REPORT.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, and annually thereafter, the Secretary 
     of State, in consultation with the Secretary of the Interior 
     and the Secretary of Commerce, shall submit to Congress a 
     report that lists each country determined by the Secretary of 
     State to be a focus country within the meaning of this 
     subtitle.

[[Page S3208]]

       (b) Special Designation.--In each report required under 
     subsection (a), the Secretary of State, in consultation with 
     the Secretary of the Interior and the Secretary of Commerce, 
     shall identify each country listed in the report that also 
     constitutes a country of concern (as defined in section 
     1099B(4)) .
       (c) Sunset.--This section shall terminate on the date that 
     is 5 years after the date of the enactment of this Act.

              PART III--FRAMEWORK FOR INTERAGENCY RESPONSE

     SEC. 1099L. PRESIDENTIAL TASK FORCE ON WILDLIFE TRAFFICKING.

       (a) Responsibilities.--In addition to the functions 
     required by Executive Order 13648 (78 Fed. Reg. 40621), the 
     Task Force shall be informed by the Secretary of State's 
     annual report required under section 1099I and considering 
     all available information, ensure that relevant United States 
     Government agencies--
       (1) collaborate, to the greatest extent practicable, with 
     the national wildlife services, or other relevant bodies of 
     each focus country to prepare, not later than 90 days after 
     the date of submission of the report required under section 
     1099I(a), a United States mission assessment of the threats 
     to wildlife in that focus country and an assessment of the 
     capacity of that country to address wildlife trafficking;
       (2) collaborate, to the greatest extent practicable, with 
     relevant ministries, national wildlife services, or other 
     relevant bodies of each focus country to prepare, not later 
     than 180 days after preparation of the assessment referred to 
     in paragraph (1), a United States mission strategic plan that 
     includes recommendations for addressing wildlife trafficking, 
     taking into account any regional or national strategies for 
     addressing wildlife trafficking in a focus country developed 
     before the preparation of such assessment;
       (3) coordinate efforts among United States Federal agencies 
     and non-Federal partners, including missions, domestic and 
     international organizations, the private sector, and other 
     global partners, to implement the strategic plans required by 
     paragraph (2) in each focus country;
       (4) not less frequently than annually, consult and 
     coordinate with stakeholders qualified to provide advice, 
     assistance, and information regarding effective support for 
     anti-poaching activities, coordination of regional law 
     enforcement efforts, development of and support for effective 
     legal enforcement mechanisms, and development of strategies 
     to reduce illicit trade and reduce consumer demand for 
     illegally traded wildlife and wildlife products, and other 
     relevant topics under this subtitle; and
       (5) coordinate or carry out other functions as are 
     necessary to implement this subtitle.
       (b) Duplication and Efficiency.--The Task Force shall--
       (1) ensure that the activities of the Federal agencies 
     involved in carrying out efforts under this subtitle are 
     coordinated and not duplicated; and
       (2) encourage efficiencies and coordination among the 
     efforts of Federal agencies and interagency initiatives 
     ongoing as of the date of the enactment of this Act to 
     address trafficking activities, including trafficking of 
     wildlife, humans, weapons, and narcotics, illegal trade, 
     transnational organized crime, or other illegal activities.
       (c) Consistency With Agency Responsibilities.--The Task 
     Force shall carry out its responsibilities under this 
     subtitle in a manner consistent with the authorities and 
     responsibilities of agencies represented on the Task Force.
       (d) Task Force Strategic Review.--One year after the date 
     of the enactment of this Act, and annually thereafter, the 
     Task Force shall submit a strategic assessment of its work 
     and provide a briefing to the appropriate congressional 
     committees that shall include--
       (1) a review and assessment of the Task Force's 
     implementation of this subtitle, identifying successes, 
     failures, and gaps in its work, or that of agencies 
     represented on the Task Force, including detailed 
     descriptions of--
       (A) what approaches, initiatives, or programs have 
     succeeded best in increasing the willingness and capacity of 
     focus countries to suppress and prevent illegal wildlife 
     trafficking, and what approaches, initiatives, or programs 
     have not succeeded as well as hoped; and
       (B) which foreign governments subject to subsections (a) 
     and (b) of section 1099I have proven to be the most 
     successful partners in suppressing and preventing illegal 
     wildlife trafficking, which focus countries have not proven 
     to be so, and what factors contributed to these results in 
     each country discussed;
       (2) a description of each Task Force member agency's 
     priorities and objectives for combating wildlife trafficking;
       (3) an account of total United States funding each year 
     since fiscal year 2014 for all government agencies and 
     programs involved in countering poaching and wildlife 
     trafficking;
       (4) an account of total United States funding since fiscal 
     year 2014 to support the activities of the Task Force, 
     including administrative overhead costs and congressional 
     reporting; and
       (5) recommendations for how to improve United States and 
     international efforts to suppress and prevent illegal 
     wildlife trafficking in the future, based upon the Task 
     Force's experience as of the time of the review.
       (e) Termination of Task Force.--The statutory authorization 
     for the Task Force provided by this subtitle shall terminate 
     5 years after the date of the enactment of this Act or such 
     earlier date that the President terminates the Task Force by 
     rescinding, superseding, or otherwise modifying relevant 
     portions of Executive Order 13648.

PART IV--PROGRAMS TO ADDRESS THE ESCALATING WILDLIFE TRAFFICKING CRISIS

     SEC. 1099O. ANTI-POACHING PROGRAMS.

       (a) Wildlife Law Enforcement Professional Training and 
     Coordination Activities.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, in collaboration with the heads of other 
     relevant United States agencies and nongovernmental partners 
     where appropriate, may provide assistance to focus countries 
     to carry out the recommendations made in the strategic plan 
     required by section 1099L(a)(2), among other goals, to 
     improve the effectiveness of wildlife law enforcement in 
     regions and countries that have demonstrated capacity, 
     willingness, and need for assistance.
       (b) Authority to Provide Security Assistance to Counter 
     Wildlife Trafficking and Poaching.--
       (1) In general.--The President is authorized to provide 
     defense articles, defense services, and related training to 
     security forces of focus countries for the purpose of 
     countering wildlife trafficking and poaching where 
     appropriate.
       (2) Types of assistance.--
       (A) In general.--Assistance provided under paragraph (1) 
     may include intelligence and surveillance assets, 
     communications and electronic equipment, mobility assets, 
     night vision and thermal imaging devices, and organizational 
     clothing and individual equipment, pursuant to the applicable 
     provision of the Arms Export Control Act (22 U.S.C. 2751 et 
     seq.) or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
     et seq.).
       (B) Limitation.--Assistance provided under paragraph (1) 
     may not include significant military equipment.
       (3) Special rule.--Assistance provided under paragraph (1) 
     shall be in addition to any other assistance provided to the 
     countries under any other provision of law.
       (4) Prohibition on assistance.--
       (A) In general.--No assistance may be provided under 
     subsection (b) to a unit of a security force if the President 
     determines that the unit has been found to engage in wildlife 
     trafficking or poaching.
       (B) Exception.--The prohibition in subparagraph (A) shall 
     not apply with respect to a unit of a security force of a 
     country if the President determines that the government of 
     the country is taking effective steps to hold the unit 
     accountable and prevent the unit from engaging in trafficking 
     and poaching.
       (5) Certification.--With respect to any assistance provided 
     pursuant to this subsection, the Secretary of State shall 
     certify to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives that such assistance is necessary for the 
     purposes of combating wildlife trafficking.
       (6) Notification.--Consistent with the requirements of the 
     Arms Export Control Act (22 U.S.C. 2751 et seq.) and the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the 
     Secretary of State shall notify the appropriate congressional 
     committees regarding defense articles, defense services, and 
     related training provided under paragraph (1).

     SEC. 1099P. ANTI-TRAFFICKING PROGRAMS.

       (a) Investigative Capacity Building.--The Secretary of 
     State and the Administrator of the United States Agency for 
     International Development, in collaboration with the heads of 
     other relevant United States agencies and communities, 
     regions, and governments in focus countries, may design and 
     implement programs in focus countries to carry out the 
     recommendations made in the strategic plan required under 
     section 1099L(a)(2) among other goals, with clear and 
     measurable targets and indicators of success, to increase the 
     capacity of wildlife law enforcement and customs and border 
     security officers in focus countries.
       (b) Transnational Programs.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, in collaboration with other relevant United 
     States agencies, nongovernmental partners, and international 
     bodies, and in collaboration with communities, regions, and 
     governments in focus countries, may design and implement 
     programs, including support for Wildlife Enforcement 
     Networks, in focus countries to carry out the recommendations 
     made in the strategic plan required under section 
     1099L(a)(2), among other goals, to better understand and 
     combat the transnational trade in illegal wildlife.

     SEC. 1099Q. ENGAGEMENT OF UNITED STATES DIPLOMATIC MISSIONS.

       As soon as practicable but not later than 2 years after the 
     date of the enactment of this Act, each chief of mission to a 
     focus country should begin to implement the recommendations 
     contained in the strategic plan required under section 
     1099L(a)(2), among other goals, for the country.

     SEC. 1099R. COMMUNITY CONSERVATION.

       The Secretary of State, in collaboration with the United 
     State Agency for International Development, heads of other 
     relevant United States agencies, the private sector, 
     nongovernmental organizations, and

[[Page S3209]]

     other development partners, may provide support in focus 
     countries to carry out the recommendations made in the 
     strategic plan required under section 1099L(a)(2) as such 
     recommendations relate to the development, scaling, and 
     replication of community wildlife conservancies and community 
     conservation programs in focus countries to assist with rural 
     stability and greater security for people and wildlife, 
     empower and support communities to manage or benefit from 
     their wildlife resources sustainably, and reduce the threat 
     of poaching and trafficking, including through--
       (1) promoting conservation-based enterprises and 
     incentives, such as eco-tourism and sustainable agricultural 
     production, that empower communities to manage wildlife, 
     natural resources, and community ventures where appropriate, 
     by ensuring they benefit from well-managed wildlife 
     populations;
       (2) helping create alternative livelihoods to poaching by 
     mitigating wildlife trafficking, helping support rural 
     stability, greater security for people and wildlife, 
     sustainable economic development, and economic incentives to 
     conserve wildlife populations;
       (3) engaging regional businesses and the private sector to 
     develop goods and services to aid in anti-poaching and anti-
     trafficking measures;
       (4) working with communities to develop secure and safe 
     methods of sharing information with enforcement officials;
       (5) providing technical assistance to support sustainable 
     land use plans to improve the economic, environmental, and 
     social outcomes in community-owned or -managed lands;
       (6) supporting community anti-poaching efforts, including 
     policing and informant networks;
       (7) working with community and national governments to 
     develop relevant policy and regulatory frameworks to enable 
     and promote community conservation programs, including 
     supporting law enforcement engagement with wildlife 
     protection authorities to promote information-sharing; and
       (8) working with national governments to ensure that 
     communities have timely and effective support from national 
     authorities to mitigate risks that communities may face when 
     engaging in anti-poaching and anti-trafficking activities.

   PART V--TRANSITION OF OVERSEAS CONTINGENCY FUNDING TO BASE FUNDING

     SEC. 1099U. SENSE OF CONGRESS ON FUNDING.

       It is the sense of Congress that the President and Congress 
     should provide for an appropriate and responsible transition 
     for funding designated for overseas contingency operations to 
     traditional and regular annual appropriations, including 
     emergency supplemental funding, as appropriate.

    PART VI--OTHER ACTIONS RELATING TO WILDLIFE TRAFFICKING PROGRAMS

     SEC. 1099X. AMENDMENTS TO FISHERMAN'S PROTECTIVE ACT OF 1967.

       Section 8 of the Fisherman's Protective Act of 1967 (22 
     U.S.C. 1978) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, in consultation with 
     the Secretary of State,'' after ``Secretary of Commerce'';
       (B) in paragraph (2), by inserting ``, in consultation with 
     the Secretary of State,'' after ``Secretary of the 
     Interior'';
       (C) in paragraph (3), by inserting ``in consultation with 
     the Secretary of State,'' after ``, as appropriate,'';
       (D) by redesigning paragraph (4) as paragraph (5); and
       (E) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) The Secretary of Commerce and the Secretary of the 
     Interior shall each report to Congress each certification to 
     the President made by such Secretary under this subsection, 
     within 15 days after making such certification.''; and
       (2) in subsection (d), by inserting ``in consultation with 
     the Secretary of State,'' after ``as the case may be,''.
                                 ______
                                 
  SA 4192. Mr. FLAKE 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:

     SEC. 2804. PROHIBITION ON USE OF MILITARY CONSTRUCTION FUNDS 
                   FOR UNUTILIZED OVERSEAS MILITARY INSTALLATIONS.

       None of the funds authorized to be appropriated by this Act 
     or otherwise made available for fiscal year 2017 may be made 
     available for a construction project at a military 
     installation located outside the United States that has been 
     identified by the Special Inspector General for Afghanistan 
     Reconstruction (SIGAR) as having a zero utilization rate or 
     being completely unutilized.
                                 ______
                                 
  SA 4193. 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 I of title X, add the following:

     SEC. 1097. PROHIBITION ON USE OF FUNDS FOR ALTERNATIVE OR 
                   RENEWABLE ENERGY.

       (a) In General.--None of the funds authorized to be 
     appropriated or otherwise made available by this Act may be 
     obligated or expended by the Secretary of Defense--
       (1) to purchase energy from alternative sources unless such 
     energy is equivalent to conventional energy in terms of cost 
     and capabilities; or
       (2) to carry out any provision of law that requires the 
     Department of Defense--
       (A) to consume renewable energy, unless such energy is 
     equivalent to conventional energy in terms of cost and 
     capabilities; or
       (B) to reduce the overall amount of energy consumed by the 
     Department.
       (b) Calculation.--For purposes of subsection (a), the cost 
     of an energy source shall be calculated on a pre-tax basis in 
     terms of life cycle cost.
                                 ______
                                 
  SA 4194. 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:

       Strike section 601 and insert the following:

     SEC. 601. FISCAL YEAR 2017 INCREASE IN MILITARY BASIC PAY.

       (a) Waiver of Section 1009 Adjustment.--The adjustment to 
     become effective during fiscal year 2017 required by section 
     1009 of title 37, United States Code, in the rates of monthly 
     basic pay authorized members of the uniformed services shall 
     not be made.
       (b) Increase in Basic Pay.--Effective on January 1, 2017, 
     the rates of monthly basic pay for members of the uniformed 
     services are increased by 2.1 percent.
       (c) Funding.--
       (1) Increase in amount for military personnel.--The amount 
     authorized to be appropriated for fiscal year 2017 by section 
     421 is hereby increased by the amount necessary to provide an 
     increase in military basic pay under subsection (b) by 2.1 
     percent rather than 1.6 percent, with the amount to be 
     available for military personnel to provide such increase.
       (2) Offset.--The aggregate amount authorized to be 
     appropriated for fiscal year 2017 by this division, other 
     than the amount authorize to be appropriated by section 421, 
     is hereby reduced by the amount necessary to provide an 
     increase in military basic pay under subsection (b) by 2.1 
     percent rather than 1.6 percent, with the amount of the 
     reduction to be achieved by terminating funding for projects 
     determined to be low-priority projects by the Joint Chiefs of 
     Staff.
                                 ______
                                 
  SA 4195. 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 C of title I, add the following:

     SEC. 128. TICONDEROGA-CLASS GUIDED MISSILE CRUISER 
                   REPLACEMENT.

       (a) In General.--Not later than March 1, 2017, the Chief of 
     Naval Operations shall submit to the congressional defense 
     committees a report on any elements under subsection (b) 
     regarding the TICONDEROGA-class guided missile cruiser 
     replacement that were not covered in the studies of fleet 
     platform architectures directed in section 1067 of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92; 129 Stat. 991).
       (b) Elements.--The elements referred to in subsection (a) 
     are as follows:
       (1) Shipbuilding or other modernization options to meet or 
     exceed the air defense commander capabilities of TICONDEROGA-
     class guided missile cruisers, such that there is no loss in 
     capability as TICONDEROGA-class guided missile cruisers 
     decommission.
       (2) Options to alter the physical dimensions of Mark 41 
     vertical launching system cells to accommodate different 
     weapons, as compared to the TICONDEROGA-class cruisers.
       (3) Options to maintain or expand the number of vertical 
     launching system cells available in the fleet, as 
     TICONDEROGA-class cruisers decommission.
       (4) Options to allow the Navy to reload vertical launching 
     system cells at sea.
       (5) Description of findings from the studies of fleet 
     platform architectures that were incorporated in the budget 
     of the President submitted to Congress under section 1105(a) 
     of title 31, United States Code, for fiscal year 2018.

[[Page S3210]]

  

                                 ______
                                 
  SA 4196. 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 H of title X, add the following:

     SEC. 1277. SENSE OF THE SENATE ON INTEGRATION OF 
                   ELECTROMAGNETIC RAILGUN INTO NAVY FLEET OF 
                   LARGE SURFACE COMBATANTS.

       It is the sense of the Senate that the Navy should expedite 
     the deployment and integration of the electromagnetic railgun 
     into the fleet of large surface combatants.
                                 ______
                                 
  SA 4197. 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 X, add the following:

     SEC. 1031. PROHIBITION ON TRANSFER OF INDIVIDUALS DETAINED AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA, TO FOREIGN COUNTRIES OR ENTITIES IN THE 
                   WESTERN HEMISPHERE.

       (a) Prohibition.--An individual detained at Guantanamo may 
     not be transferred to a foreign country or a foreign entity 
     in the Western Hemisphere.
       (b) Construction.--The prohibition in subsection (a) in 
     connection with the transfer of an individual detained at 
     Guantanamo is in addition to any other requirement or 
     limitation on the transfer by law.
       (c) Individual Detained at Guantanamo Defined.--In this 
     section, the term ``individual detained at Guantanamo'' means 
     an individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (1) is not a national of the United States (as defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)) 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 detained at United States Naval Station, 
     Guantanamo Bay.
                                 ______
                                 
  SA 4198. 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 X, add the following:

     SEC. 1031. PROHIBITION ON TRANSFER OF INDIVIDUALS DETAINED AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA, TO FOREIGN COUNTRIES OR ENTITIES WITHOUT 
                   ASSESSMENT THAT INDIVIDUALS WILL POSE NO RISK 
                   TO MILITARY AND CIVILIAN PERSONNEL OF THE 
                   UNITED STATES OVERSEAS AFTER TRANSFER.

       (a) Prohibition.--An individual detained at Guantanamo may 
     not be transferred to a foreign country or a foreign entity 
     unless the Director of National Intelligence, the Director of 
     the Central Intelligence Agency, the Director of the Defense 
     Intelligence Agency, and the Director of the Federal Bureau 
     of Investigation unanimously agree that the individual after 
     transfer will pose no risk to members of the Armed Forces or 
     civilian personnel of the United States Government overseas.
       (b) Construction.--The prohibition in subsection (a) in 
     connection with the transfer of an individual detained at 
     Guantanamo is in addition to any other requirement or 
     limitation on the transfer by law.
       (c) Individual Detained at Guantanamo Defined.--In this 
     section, the term ``individual detained at Guantanamo'' means 
     an individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (1) is not a national of the United States (as defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)) 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 detained at United States Naval Station, 
     Guantanamo Bay.
                                 ______
                                 
  SA 4199. 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 X, add the following:

     SEC. 1031. PROHIBITION ON RELINQUISHMENT OR ABANDONMENT OF 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA.

       No action may be taken to modify, abrogate, or replace the 
     stipulations, agreements, and commitments contained in the 
     Guantanamo Lease Agreements, or to impair or abandon the 
     jurisdiction and control of the United States over United 
     States Naval Station, Guantanamo Bay, Cuba, unless 
     specifically authorized or otherwise provided for by one of 
     the following:
       (1) An Act that is enacted after the date of the enactment 
     of this Act.
       (2) A treaty that is ratified by and with the advice and 
     consent of the Senate.
       (3) A modification of the Treaty Between the United States 
     of America and Cuba signed at Washington, DC, on May 29, 
     1934, that is ratified by and with the advice and consent of 
     the Senateo.
                                 ______
                                 
  SA 4200. 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 XVI, add the following:

     SEC. 1655. LIMITATION ON USE OF FUNDS RELATING TO REDUCING 
                   THE ALERTNESS LEVEL OR NUMBER OF 
                   INTERCONTINENTAL BALLISTIC MISSILES.

       (a) In General.--None of the funds authorized to be 
     appropriated or otherwise made available by this Act may be 
     obligated or expended to reduce, or to prepare to reduce--
       (1) the responsiveness or alert level of the 
     intercontinental ballistic missiles of the United States; or
       (2) the number of deployed intercontinental ballistic 
     missiles of the United States to a number that is less than 
     400.
       (b) Exceptions.--The prohibition under subsection (a) shall 
     not apply with respect to--
       (1) activities relating to--
       (A) the maintenance or sustainment of intercontinental 
     ballistic missiles; or
       (B) ensuring the safety, security, or reliability of 
     intercontinental ballistic missiles; or
       (2) reductions in the number of deployed intercontinental 
     ballistic missiles that are carried out to comply with 
     limitations imposed under--
       (A) the Treaty on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms, signed on April 8, 
     2010, and entered into force on February 5, 2011, between the 
     United States and the Russian Federation (commonly known as 
     the ``New START Treaty''); or
       (B) any Act authorizing appropriations for the military 
     activities of the Department of Defense or for defense 
     activities of the Department of Energy that is enacted before 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 4201. 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 end of subtitle H of title XII, add the following:

     SEC. 1277. IMPOSITION OF SANCTIONS ON INDIVIDUALS WHO WERE 
                   COMPLICIT IN VIOLATIONS OF THE GENEVA 
                   CONVENTION OR THE RIGHT UNDER INTERNATIONAL LAW 
                   TO CONDUCT INNOCENT PASSAGE.

       (a) Report Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report that includes--
       (A) a determination with respect to whether, during or 
     after the incident that began on January 12, 2016, in which 
     forces of Iran boarded two United States Navy riverine combat 
     vessels and detained at gunpoint the crews of those vessels, 
     any of the actions of the forces of Iran constituted a 
     violation of--
       (i) the Geneva Convention; or
       (ii) the right under international law to conduct innocent 
     passage; and
       (B) a certification with respect to whether or not Federal 
     funds, including the $1,700,000,000 payment that was 
     announced by the Secretary of State on January 17, 2016, were 
     paid to Iran, directly or indirectly, to effect the release 
     of--

[[Page S3211]]

       (i) the members of the United States Navy who were detained 
     in the incident described in subparagraph (A); or
       (ii) other United States citizens, including Jason Rezaian, 
     Amir Hekmati, Saeed Abedini, Nosratollah Khosravi-Roodsari, 
     and Matthew Trevithick, the release of whom was announced on 
     January 16, 2016.
       (2) Actions to be assessed.--In assessing actions of the 
     forces of Iran under paragraph (1)(A), the President shall 
     consider, at a minimum, the following actions:
       (A) The stopping, boarding, search, and seizure of the two 
     United States Navy riverine combat vessels in the incident 
     described in paragraph (1)(A).
       (B) The removal from their vessels and detention of members 
     of the United States Armed Forces in that incident.
       (C) The theft or confiscation of electronic navigational 
     equipment or any other equipment from the vessels.
       (D) The forcing of one or more members of the United States 
     Armed Forces to apologize for their actions.
       (E) The display, videotaping, or photographing of members 
     of the United States Armed Forces and the subsequent 
     broadcasting or other use of those photographs or videos.
       (F) The forcing of female members of the United States 
     Armed Forces to wear head coverings.
       (3) Description of actions.--In the case of each action 
     that the President determines under paragraph (1)(A) is a 
     violation of the Geneva Convention or the right under 
     international law to conduct innocent passage, the President 
     shall include in the report required by that paragraph a 
     description of the action and an explanation of how the 
     action violated the Geneva Convention or the right to conduct 
     innocent passage, as the case may be.
       (4) Form of report.--The report required by paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (b) List of Certain Persons Who Have Been Complicit in 
     Violations of the Geneva Convention or the Right to Conduct 
     Innocent Passage.--
       (1) In general.--Not later than 30 days after the 
     submission of the report required by subsection (a), if the 
     President has determined that one or more actions of the 
     forces of Iran constituted a violation of the Geneva 
     Convention or the right under international law to conduct 
     innocent passage, the President shall submit to the 
     appropriate congressional committees a list of persons who 
     are officials of the Government of Iran or were acting on 
     behalf of that Government that, based on credible evidence, 
     are responsible for or complicit in, or responsible for 
     ordering, controlling, or otherwise directing, any such 
     violation.
       (2) Updates of list.--The President shall submit to the 
     appropriate congressional committees an updated list under 
     paragraph (1) as new information becomes available.
       (3) Public availability.--To the maximum extent 
     practicable, the list required by paragraph (1) shall be made 
     available to the public and posted on publicly accessible 
     Internet websites of the Department of Defense and the 
     Department of State.
       (c) Imposition of Sanctions.--
       (1) In general.--The President shall impose the sanctions 
     described in paragraph (2) with respect to each person on the 
     list required by subsection (b).
       (2) Sanctions.--
       (A) Prohibition on entry and admission to the united 
     states.--An alien on the list required by subsection (b) 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; or
       (iii) file any application or petition to obtain such 
     admission, entry, or status.
       (B) Blocking of property.--
       (i) 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) 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.
       (ii) 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 
     clause (i) shall not include the authority to impose 
     sanctions on the importation of goods.
       (II) Good.--In this subparagraph, 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.)).

       (iii) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     clause (i) or any regulation, license, or order issued to 
     carry out clause (i) 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) Definitions.--In this section:
       (1) Admitted; alien; immigration laws.--The terms 
     ``admitted'', ``alien'', and ``immigration laws'' 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 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.
       (3) Forces of iran.--The term ``forces of Iran'' means the 
     Islamic Revolutionary Guard Corps, members of other military 
     or paramilitary units of the Government of Iran, and other 
     agents of that Government.
       (4) Geneva convention.--The term ``Geneva Convention'' 
     means the Convention relative to the Treatment of Prisoners 
     of War, done at Geneva on August 12, 1949 (6 UST 3316) 
     (commonly referred to as the ``Geneva Convention (III))''.
       (5) Innocent passage.--The term ``innocent passage'' means 
     the principle under customary international law that all 
     vessels have the right to conduct innocent passage through 
     another country's territorial waters for the purpose of 
     continuous and expeditious traversing.
       (6) 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.
                                 ______
                                 
  SA 4202. Mr. DAINES (for himself, Mrs. Ernst, Mr. Cardin, Mr. 
Gardner, Mr. Warner, Ms. Mikulski, Mr. Blumenthal, and Mr. Bennet) 
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.
                                 ______
                                 
  SA 4203. 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 A of title X, add the following:

     SEC. 1004. REPORT ON PLAN OF THE DEPARTMENT OF DEFENSE TO 
                   OBTAIN AN AUDIT WITH UNQUALIFIED OPINION ON THE 
                   GENERAL FUND STATEMENT OF ITS BUDGETARY 
                   RESOURCES.

       (a) Findings.--Congress makes the following findings:
       (1) Section 9 of Article I of the Constitution of the 
     United States requires all agencies of the Federal 
     Government, including the Department of Defense, to publish 
     ``a regular statement and account of the receipts and 
     expenditures of all public money''.
       (2) Section 3515 of title 31, United States Code, requires 
     the agencies of the Federal Government, including the 
     Department of Defense, to present auditable financial 
     statements beginning not later than March 1, 1997. The 
     Department has not complied with this law.
       (3) The Federal Financial Management Improvement Act of 
     1996 (31 U.S.C. 3512 note) requires financial systems 
     acquired by the Federal Government, including the Department 
     of Defense, to be able to provide information to leaders to 
     manage and control the cost of Government. The Department has 
     not complied with this law.
       (b) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     setting forth a plan to obtain an audit with unqualified 
     opinion on the general fund statement of the budgetary 
     resources of the Department of Defense.
       (2) Plan elements.--The plan required pursuant to paragraph 
     (1) shall include the following:
       (A) An intent to present auditable financial statements of 
     the Department.
       (B) The date, not later than September 1, 2017, on which 
     the Department shall be ready to obtain an audit with 
     unqualified opinion

[[Page S3212]]

     on the general fund statement of its budgetary resources.
       (C) A description the matters that currently impede the 
     ability of the Department to be ready as described in 
     subparagraph (B).
       (D) A strategy to address and resolve such matters.
                                 ______
                                 
  SA 4204. Mr. INHOFE (for himself, Ms. Mikulski, Mr. Rounds, Mr. 
Tillis, Mr. Burr, Ms. Murkowski, Mr. Hatch, Mr. Udall, Ms. Hirono, Mr. 
Lankford, Ms. Collins, Mrs. Boxer, Mr. Cardin, Mrs. Murray, Mrs. 
Capito, Mr. Brown, Mr. Warner, Mr. Boozman, Mr. Vitter, Mrs. 
Gillibrand, Mr. Nelson, Mr. Schumer, Mr. Kaine, Mr. Markey, Mr. Schatz, 
Ms. Klobuchar, Mr. Whitehouse, Mr. Casey, Ms. Stabenow, Mr. Tester, Mr. 
Heller, and Mr. Sessions) 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 662.
                                 ______
                                 
  SA 4205. Mr. ROUNDS (for himself and Mr. Cruz) 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. IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   SIGNIFICANT ACTIVITIES UNDERMINING 
                   CYBERSECURITY CONDUCTED ON BEHALF OF OR AT THE 
                   DIRECTION OF THE GOVERNMENT OF IRAN.

       (a) Cybersecurity Report Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and not less frequently than once 
     every 180 days thereafter, the President shall submit to the 
     appropriate congressional committees a report on significant 
     activities undermining cybersecurity conducted by persons on 
     behalf of or at the direction of the Government of Iran 
     (including members of paramilitary organizations such as 
     Ansar-e-Hezbollah and Basij-e Mostaz'afin) against the 
     Government of the United States or any United States person.
       (2) Information.--The report required under paragraph (1) 
     shall include the following:
       (A) The identity of persons that have knowingly 
     facilitated, participated or assisted in, engaged in, 
     directed, or provided material support for significant 
     activities undermining cybersecurity described in paragraph 
     (1).
       (B) A description of the conduct engaged in by each person 
     identified under subparagraph (A).
       (C) An assessment of the extent to which the Government of 
     Iran or another foreign government directed, facilitated, or 
     provided material support in the conduct of significant 
     activities undermining cybersecurity described in paragraph 
     (1).
       (D) A strategy to counter efforts by persons to conduct 
     significant activities undermining cybersecurity described in 
     paragraph (1), including efforts to engage foreign 
     governments to halt the capability of persons to conduct 
     those activities described in paragraph (1).
       (3) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (b) Designation of Persons.--
       (1) In general.--Except as provided in paragraph (2), the 
     President shall include on the specially designated nationals 
     and blocked persons list maintained by the Office of Foreign 
     Assets Control of the Department of the Treasury--
       (A) any person identified under subsection (a)(2)(A); and
       (B) any person for which the Department of Justice has 
     issued an indictment in connection with significant 
     activities undermining cybersecurity against the Government 
     of the United States or any United States person.
       (2) Exception.--The President is not required to include a 
     person described in paragraph (1)(A) or (1)(B) on the 
     specially designated nationals and blocked persons list 
     maintained by the Office of Foreign Assets Control of the 
     Department of the Treasury if the President submits to the 
     appropriate congressional committees an explanation of the 
     reasons for not including that person on that list.
       (c) Sanctions Described.--The President shall use authority 
     provided in Executive Order 13694 (50 U.S.C. 1701 note; 
     relating to blocking property of persons certain persons 
     engaging in significant malicious cyber-enabled activities) 
     to impose sanctions against any person included on the 
     specially designated nationals and blocked persons list 
     maintained by the Office of Foreign Assets Control of the 
     Department of the Treasury pursuant to subsection (b).
       (d) Presidential Briefings to Congress.--Not later than 180 
     days after the date of the enactment of this Act, and 
     periodically thereafter, the President shall provide a 
     briefing to the appropriate congressional committees on 
     efforts to implement this section.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Homeland Security, the Committee on Financial Services, and 
     the Committee on Ways and Means of the House of 
     Representatives.
       (2) Significant activities undermining cybersecurity.--The 
     term ``significant activities undermining cybersecurity'' 
     includes--
       (A) significant efforts to--
       (i) deny access to or degrade, disrupt, or destroy an 
     information and communications technology system or network; 
     or
       (ii) exfiltrate information from such a system or network 
     without authorization;
       (B) significant destructive malware attacks;
       (C) significant denial of service activities; and
       (D) such other significant activities as may be described 
     in regulations prescribed to implement this section.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a citizen of the United States or 
     an alien lawfully admitted for permanent residence to the 
     United States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any government entity in the United States, whether 
     Federal, State, or local.
                                 ______
                                 
  SA 4206. Mrs. FISCHER 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 423, strike lines 16 and 17 and insert the 
     following:
       (a) In General.--Except as provided in subsection (c), not 
     later than 90 days after submitting the report required by 
     subsection (d), or one year after the date of the enactment 
     of this Act, whichever occurs first, the Secretary of Defense
       On page 425, strike lines 10 through 18 and insert the 
     following:
       (5) The Secretary shall ensure that any covered beneficiary 
     who may be affected by modifications, reductions, or 
     eliminations implemented under this section will be able to 
     receive through the purchased care component of the TRICARE 
     program any medical services that will not be available to 
     such covered beneficiary at a military treatment facility as 
     a result of such modifications, reductions, or eliminations.
       (c) Exception.--The Secretary is not required to implement 
     measures under subsection (a) with respect to overseas 
     military health care facilities in a country if the Secretary 
     determines that medical services in addition to the medical 
     services described in subsection (b)(2) are necessary to 
     ensure that covered beneficiaries located in that country 
     have access to a similar level of care available to covered 
     beneficiaries located in the United States.
       (d) Report on Modifications.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report on the modifications to 
     medical services, military treatment facilities, and 
     personnel in the military health system to be implemented 
     pursuant to subsection (a).
       (2) Elements.--The report required by paragraph (1) shall 
     include, at a minimum, the following:
       (A) A description of the medical services and associated 
     personnel capacities necessary for the military medical force 
     readiness of the Department of Defense.
       (B) A comprehensive plan to modify the personnel and 
     infrastructure of the military health system to exclusively 
     provide medical services necessary for the military medical 
     force readiness of the Department of Defense, including the 
     following:
       (i) A description of the planned changes or reductions in 
     medical services provided by the military health system.
       (ii) A description of the planned changes or reductions in 
     staffing of military personnel, civilian personnel, and 
     contractor personnel within the military health system.
       (iii) A description of the personnel management authorities 
     through which changes or reductions described in clauses (i) 
     and (ii) will be made.

[[Page S3213]]

       (iv) A description of the planned changes to the 
     infrastructure of the military health system.
       (v) An estimated timeline for completion of the changes or 
     reductions described in clauses (i), (ii), and (iv) and other 
     key milestones for implementation of such changes or 
     reductions.
       (e) Comptroller General Report.--
       On page 428, between lines 15 and 16, insert the following:
       (3) The terms ``covered beneficiary'' and ``TRICARE 
     program'' have the meanings given those terms in section 1072 
     of title 10, United States Code.
                                 ______
                                 
  SA 4207. 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 B of title VII, add the following:

     SEC. 740. AUTHORITY TO EXPEDITE OPERATIONAL CAPABILITY OF 
                   MILITARY MEDICAL FACILITIES.

       The Secretary of a military department may accept a 
     military medical facility under the jurisdiction of such 
     Secretary and begin initial operational testing prior to the 
     facility reaching full operational capability if such 
     Secretary determines that--
       (1) initial operational testing--
       (A) does not pose a direct threat to the life and safety of 
     individuals at the facility;
       (B) would not degrade the quality of health care services 
     provided at the facility or the ability of health care 
     providers at the facility to provide high-quality health care 
     services; and
       (C) will support the readiness of members of the Armed 
     Forces as advised by the commanding general of the military 
     installation at which the facility is located; and
       (2) the completion of remaining objectives with respect to 
     the facility reaching full operational capability will not be 
     negatively impacted by beginning initial operational testing.
                                 ______
                                 
  SA 4208. Mrs. CAPITO 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. CLARIFICATION THAT VOCATIONAL AND OTHER TRAINING 
                   SERVICES AND ASSISTANCE FOR VETERANS INCLUDES 
                   PARTICIPATION IN AGRICULTURAL TRAINING 
                   PROGRAMS.

       Section 3104(a)(7) of title 38, 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) Vocational and other training services and assistance 
     under subparagraph (A) may include participation in an 
     agricultural training program authorized by a State 
     legislature or certified by a State approving agency.''.
                                 ______
                                 
  SA 4209. Mrs. CAPITO (for herself, Ms. Stabenow, Ms. Collins, and Mr. 
Markey) 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 VII, add the following:

     SEC. 709. PROVISION OF CARE PLANNING SESSIONS FOR ALZHEIMER'S 
                   DISEASE AND RELATED DEMENTIAS UNDER THE TRICARE 
                   PROGRAM.

       (a) In General.--The Secretary of Defense shall provide to 
     a covered beneficiary diagnosed with Alzheimer's disease or a 
     related dementia a care planning session conducted by an 
     appropriate health care provider as determined by the 
     Secretary.
       (b) Care Planning Session.--A care planning session 
     provided to a covered beneficiary under subsection (a) shall 
     include the following:
       (1) An explanation of the disease or dementia for which the 
     care planning session is sought, including the expected 
     progression of the disease or dementia.
       (2) The creation of a patient-centered comprehensive care 
     plan, as determined appropriate by the Secretary.
       (3) Information regarding treatment options.
       (4) A discussion of resources and services available to the 
     covered beneficiary in the community that may reduce health 
     risks and promote self-management of the disease or dementia 
     for which the care planning session is sought.
       (5) Such other information as the Secretary determines 
     appropriate.
       (c) Stakeholder Input.--The Secretary shall seek input from 
     physicians, practitioners, and other stakeholders regarding 
     the structure of care planning sessions provided under 
     subsection (a), as determined appropriate by the Secretary.
       (d) Covered Beneficiary Defined.--In this section, the term 
     ``covered beneficiary'' has the meaning given that term in 
     section 1072 of title 10, United States Code.
                                 ______
                                 
  SA 4210. Mr. TESTER (for himself, Mr. Grassley, Mr. Johnson, 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 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. 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--
       ``(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

[[Page S3214]]

       ``(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 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

[[Page S3215]]

     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'--
       ``(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.

[[Page S3216]]

       ``(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.
                                 ______
                                 
  SA 4211. 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 VI, add the following:

     SEC. 673. CREDIT PROTECTIONS FOR SERVICEMEMBERS.

       (a) Active Duty Freeze Alerts.--Section 605A of the Fair 
     Credit Reporting Act (15 U.S.C. 1681c-1) is amended--
       (1) in the heading for such section, by striking ``and 
     active duty alerts'' and inserting ``, active duty alerts, 
     and active duty freeze alerts'';
       (2) by redesignating subsections (d) through (h) as 
     subsections (e) through (i), respectively;
       (3) by inserting after subsection (c) the following:
       ``(d) Active Duty Freeze Alerts.--Upon the direct request 
     of an active duty military consumer, or an individual acting 
     on behalf of or as a personal representative of an active 
     duty military consumer, a consumer reporting agency described 
     in section 603(p) that maintains a file on the active duty 
     military consumer and has received appropriate proof of the 
     identity of the requester, at no cost to the active duty 
     military consumer while the consumer is deployed, shall--
       ``(1) include an active duty freeze alert in the file of 
     that active duty military consumer or such longer period as 
     the Bureau shall determine, by regulation, beginning on the 
     date of the request, unless the active duty military consumer 
     or such representative requests that such freeze alert be 
     removed before the end of such period, and the agency has 
     received appropriate proof of the identity of the requester 
     for such purpose;
       ``(2) during the 2-year period beginning on the date of 
     such request, exclude the active duty military consumer from 
     any list of consumers prepared by the consumer reporting 
     agency and provided to any third party to offer credit or 
     insurance to the consumer as part of a transaction that was 
     not initiated by the consumer, unless the consumer requests 
     that such exclusion be rescinded before the end of such 
     period; and
       ``(3) refer the information regarding the active duty 
     freeze alert to each of the other consumer reporting agencies 
     described in section 603(p), in accordance with procedures 
     developed under section 621(f).'';
       (4) in subsection (e), as so redesignated--
       (A) by striking ``extended, and active duty alerts'' and 
     inserting ``extended, active duty, and active duty freeze 
     alerts''; and
       (B) by striking ``extended, or active duty alerts'' and 
     inserting ``extended, active duty, or active duty freeze 
     alerts'';
       (5) in subsection (f), as so redesignated--
       (A) in the matter preceding paragraph (1), by striking ``or 
     active duty alert'' and inserting ``active duty alert, or 
     active duty freeze alert'';
       (B) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (C) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (D) by adding at the end the following:
       ``(4) paragraphs (1) and (2) of subsection (d), in the case 
     of a referral under subsection (d)(3).'';
       (6) in subsection (g), as so redesignated, by striking ``or 
     active duty alert'' and inserting ``active duty alert, or 
     active duty freeze alert''; and
       (7) in subsection (i), as so redesignated, by adding at the 
     end the following:
       ``(3) Requirements for active duty freeze alerts.--
       ``(A) Notification.--Each active duty freeze alert under 
     this section shall include information that notifies all 
     prospective users of a consumer report on the consumer to 
     which the freeze alert relates that the consumer does not 
     authorize the establishment of any new credit plan or 
     extension of credit, including any credit under an open-end 
     credit plan (as defined in section 103(i)), in the name of 
     the consumer, or issuance of an additional card on an 
     existing credit account requested by a consumer, or any 
     increase in credit limit on an existing credit account 
     requested by a consumer.
       ``(B) Prohibition on users.--No prospective user of a 
     consumer report that includes an active duty freeze alert in 
     accordance with this section may establish a new credit plan 
     or extension of credit, including any credit under an open-
     end credit plan (as defined in section 103(i)), in the name 
     of the consumer, or issue an additional card on an existing 
     credit account requested by a consumer, or grant any increase 
     in credit limit on an existing credit account requested by a 
     consumer.''.
       (b) Rulemaking.--The Bureau of Consumer Financial 
     Protection shall prescribe regulations to define what 
     constitutes appropriate proof of identity for purposes of 
     section 605A(d) of the Fair Credit Reporting Act, as amended 
     by subsection (a).
       (c) Technical Amendment.--Section 603(q)(2) of the Fair 
     Credit Reporting Act (15 U.S.C. 1681a(q)(2)) is amended--
       (1) in the heading for such paragraph, by striking ``active 
     duty alert'' and inserting ``active duty alert; active duty 
     freeze alert''; and
       (2) by inserting ``and `active duty freeze alert' '' before 
     ``mean''.
       (d) Effective Date.--This Act, and any amendment made by 
     this Act, shall take effect 1 year after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 4212. 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 H of title V, add the following:

     SEC. 597. DEFERRAL OF STUDENTS LOANS FOR CERTAIN PERIOD IN 
                   CONNECTION WITH RECEIPT OF ORDERS FOR 
                   MOBILIZATION FOR WAR OR NATIONAL EMERGENCY.

       (a) Federal Family Education Loans.--Section 428(b)(1)(M) 
     of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) 
     is amended--
       (1) in the matter preceding clause (i), by striking ``, 
     during any period'';
       (2) in clause (i), by striking ``during which'' and 
     inserting ``during any period during which'';
       (3) in clause (ii), by striking ``during which'' and 
     inserting ``during any period during which'';
       (4) in clause (iii)--
       (A) by striking ``during which'' and inserting ``during any 
     period during which''; and
       (B) in the matter following subclause (II), by striking 
     ``or'' after the semicolon;
       (5) by redesignating clause (iv) as clause (vi);
       (6) by inserting after clause (iii) the following:
       ``(iv) in the case of any borrower who has received a call 
     or order to duty described in subclause (I) or (II) of clause 
     (iii), during the shorter of--

       ``(I) the period beginning on the date such call or order 
     to duty is received by the borrower and ending on the first 
     day of the service described in subclause (I) or (II) of 
     clause (iii); and
       ``(II) the 180-day period preceding the first day of such 
     service;

       ``(v) notwithstanding clause (iv)--

       ``(I) in the case of any borrower described in such clause 
     whose call or order to duty is cancelled before the first day 
     of the service described in subclause (I) or (II) of clause 
     (iii) because of a personal injury in connection with 
     training to prepare for such service, during the period 
     described in clause (iv) and during an additional period 
     equal to the duration of such service, as specified by or 
     otherwise determined in the original call or order to duty; 
     and
       ``(II) in the case of any borrower whose call or order to 
     duty is cancelled before the first

[[Page S3217]]

     day of such service for a reason other than an injury 
     described in subclause (I), during the period beginning on 
     the date the call or order to duty is received by the 
     borrower and ending on the date that is 14 days after such 
     call or order to duty is cancelled; and''; and

       (7) in clause (vi) (as redesignated by paragraph (5)), by 
     striking ``not in excess'' and inserting ``during any period 
     not in excess''.
       (b) Direct Loans.--Section 455(f)(2) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087e(f)(2)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``during any period'';
       (2) in subparagraph (A), by striking ``during which'' and 
     inserting ``during any period during which'';
       (3) in subparagraph (B), by striking ``not in excess'' and 
     inserting ``during any period not in excess'';
       (4) in subparagraph (C)--
       (A) in the matter preceding clause (i), by striking 
     ``during which'' and inserting ``during any period during 
     which''; and
       (B) in the matter following clause (ii), by striking ``or'' 
     after the semicolon;
       (5) by redesignating subparagraph (D) as subparagraph (F);
       (6) by inserting after subparagraph (C) the following:
       ``(D) in the case of any borrower who has received a call 
     or order to duty described in clause (i) or (ii) of 
     subparagraph (C), during the shorter of--
       ``(i) the period beginning on the date such call or order 
     to duty is received by the borrower and ending on the first 
     day of the service described in clause (i) or (ii) of 
     subparagraph (C); and
       ``(ii) the 180-day period preceding the first day of such 
     service;
       ``(E) notwithstanding subparagraph (D)--
       ``(i) in the case of any borrower described in such 
     subparagraph whose call or order to duty is cancelled before 
     the first day of the service described in clause (i) or (ii) 
     of subparagraph (C) because of a personal injury in 
     connection with training to prepare for such service, during 
     the period described in subparagraph (D) and during an 
     additional period equal to the duration of such service, as 
     specified by or otherwise determined in the original call or 
     order to duty; and
       ``(ii) in the case of any borrower whose call or order to 
     duty is cancelled before the first day of such service for a 
     reason other than an injury described in clause (i), during 
     the period beginning on the date the call or order to duty is 
     received by the borrower and ending on the date that is 14 
     days after such call or order to duty is cancelled; and''; 
     and
       (7) in subparagraph (F) (as redesignated by paragraph (5)), 
     by striking ``not in excess'' and inserting ``during any 
     period not in excess''.
       (c) Perkins Loans.--Section 464(c)(2)(A) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is 
     amended--
       (1) in the matter preceding clause (i), by striking 
     ``during any period'';
       (2) in clause (i), by striking ``during which'' and 
     inserting ``during any period during which'';
       (3) in clause (ii), by striking ``not in excess'' and 
     inserting ``during any period not in excess'';
       (4) in clause (iii), by striking ``during which'' and 
     inserting ``during any period during which'';
       (5) by redesignating clauses (iv) and (v) as clauses (vi) 
     and (vii), respectively;
       (6) by inserting after clause (iii) the following:
       ``(iv) in the case of any borrower who has received a call 
     or order to duty described in subclause (I) or (II) of clause 
     (iii), during the shorter of--
       ``(I) the period beginning on the date such call or order 
     to duty is received by the borrower and ending on the first 
     day of the service described in subclause (I) or (II) of 
     clause (iii); and
       ``(II) the 180-day period preceding the first day of such 
     service;
       ``(v) notwithstanding clause (iv)--
       ``(I) in the case of any borrower described in such clause 
     whose call or order to duty is cancelled before the first day 
     of the service described in subclause (I) or (II) of clause 
     (iii) because of a personal injury in connection with 
     training to prepare for such service, during the period 
     described in clause (iv) and during an additional period 
     equal to the duration of such service, as specified by or 
     otherwise determined in the original call or order to duty; 
     and
       ``(II) in the case of any borrower whose call or order to 
     duty is cancelled before the first day of such service for a 
     reason other than an injury described in subclause (I), 
     during the period beginning on the date the call or order to 
     duty is received by the borrower and ending on the date that 
     is 14 days after such call or order to duty is cancelled;'';
       (7) in clause (vi) (as redesignated by paragraph (5)), by 
     striking ``not in excess'' and inserting ``during any period 
     not in excess''; and
       (8) in clause (vii) (as redesignated by paragraph (5)), by 
     striking ``during which'' and inserting ``during any period 
     during which''.
       (d) Rule of Construction.--Nothing in the amendments made 
     by this section shall be construed to authorize any refunding 
     of any repayment of a loan.
       (e) Applicability.--The amendments made by this section 
     shall apply with respect to all loans made, insured, or 
     guaranteed under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.).
       (f) Conforming Amendments.--Title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.) is further 
     amended--
       (1) in section 428B(d)(1)(A)(ii) (20 U.S.C. 1078-
     2(d)(1)(A)(ii)), by striking ``428(b)(1)(M)(i)(I)'' and 
     inserting ``or clause (i)(I), (iv), or (v) of section 
     428(b)(1)(M)''; and
       (2) in section 493D(a) (20 U.S.C. 1098f(a)), by striking 
     ``section 428(b)(1)(M)(iii), 455(f)(2)(C), or 
     464(c)(2)(A)(iii)'' and inserting ``clause (iii) or (iv) of 
     section 428(b)(1)(M), subparagraph (C) or (D) of section 
     455(f)(2), or clause (iii) or (iv) of section 464(c)(2)(A)''.
                                 ______
                                 
  SA 4213. Mr. TESTER (for himself, Mr. Heller, Mrs. Ernst, Mr. Rounds, 
and 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 A of title VII, add the following:

     SEC. 709. PILOT PROGRAM ON EXPANSION OF ELIGIBILITY FOR 
                   READJUSTMENT COUNSELING FROM DEPARTMENT OF 
                   VETERANS AFFAIRS TO INCLUDE MEMBERS OF THE 
                   SELECTED RESERVE OF THE ARMED FORCES.

       (a) In General.--Beginning not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall commence a three-year pilot program to 
     assess the feasibility and advisability of furnishing 
     counseling under section 1712A(a) of title 38, United States 
     Code, to any member of the Selected Reserve of the Armed 
     Forces who has a behavioral health condition or psychological 
     trauma.
       (b) Comprehensive Individual Assessment.--Counseling 
     furnished under the pilot program may include a comprehensive 
     individual assessment under section 1712A(a)(1)(B)(i) of such 
     title.
       (c) Confidentiality.--The Secretary shall ensure that the 
     confidentiality of individuals furnished counseling under the 
     pilot program is protected to the same extent as the 
     confidentiality of individuals furnished counseling under 
     section 1712A(a) of such title.
       (d) Report.--
       (1) In general.--Not later than 120 days after the date of 
     the completion of the pilot program, the Secretary of 
     Veterans Affairs shall, in consultation with the Secretary of 
     Defense, submit to Congress a report on the findings of the 
     Secretary of Veterans Affairs with respect to the pilot 
     program.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the individuals who benefitted from 
     counseling under the pilot program.
       (B) A description of any impediments to the Secretary of 
     Veterans Affairs in furnishing counseling under the pilot 
     program.
       (C) A description of any impediments encountered by 
     individuals in receiving counseling under the pilot program.
       (D) An assessment of the feasibility and advisability of 
     furnishing counseling under the pilot program to all members 
     of the Selected Reserve of the Armed Forces who have 
     behavioral health conditions or psychological trauma.
       (E) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate with respect to 
     the furnishing of counseling to such members.
       (e) Vet Center Defined.--In this section, the term ``Vet 
     Center'' means a center for readjustment counseling and 
     related mental health services for veterans under section 
     1712A of title 38, United States Code.
                                 ______
                                 
  SA 4214. Mr. KIRK (for himself and Mr. Durbin) 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 of division A, add the 
     following:

     SEC. ____. IMPACT AID.

       Notwithstanding section 5(d) of the Every Student Succeeds 
     Act (Public Law 114-95; 129 Stat. 1806), the amendment made 
     by section 7004(1) of such Act (Public Law 114-95; 129 Stat. 
     2077)--
       (1) for fiscal year 2016, shall--
       (A) be applied as if amending section 8003(a)(5)(A) of the 
     Elementary and Secondary Education Act of 1965, as in effect 
     on the day before the date of enactment of the Every Student 
     Succeeds Act (Public Law 114- 95; 129 Stat. 1802); and
       (B) be in effect with respect to appropriations for use 
     under title VIII of the Elementary and Secondary Education 
     Act of 1965, as in effect on the day before the date of 
     enactment of the Every Student Succeeds Act; and
       (2) for fiscal year 2017 and each succeeding fiscal year, 
     shall be in effect with respect to appropriations for use 
     under title VII of the Elementary and Secondary Education Act 
     of 1965, as amended by the Every Student Succeeds Act (Public 
     Law 114-95; 129 Stat. 1802).

[[Page S3218]]

  

                                 ______
                                 
  SA 4215. Mr. REID (for himself, Mr. Schumer, 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 I of title X, add the following:

     SEC. ____. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR 
                   CERTAIN INDIVIDUALS.

       (a) Definitions.--In this section--
       (1) the term ``annuity'' includes a survivor annuity; and
       (2) the terms ``survivor'', ``survivor annuitant'', and 
     ``unfunded liability'' have the meanings given those terms 
     under section 8331 of title 5, United States Code.
       (b) Amendments.--
       (1) In general.--Section 8332(b) of title 5, United States 
     Code, is amended--
       (A) in paragraph (16), by striking ``and'' at the end;
       (B) in paragraph (17), by striking the period at the end 
     and inserting ``; and'';
       (C) by inserting after paragraph (17) the following:
       ``(18) any period of service performed--
       ``(A) not later than December 31, 1977;
       ``(B) while a citizen of the United States;
       ``(C) in the employ of--
       ``(i) Air America, Inc.; or
       ``(ii) any entity associated with, predecessor to, or 
     subsidiary to Air America, Inc., including Air Asia Company 
     Limited, CAT Incorporated, Civil Air Transport Company 
     Limited, and the Pacific Division of Southern Air Transport; 
     and
       ``(D) during the period that Air America, Inc. or such 
     other entity described in subparagraph (C) was owned and 
     controlled by the United States Government.''; and
       (D) in the second undesignated paragraph following 
     paragraph (18) (as added by subparagraph (C)), by adding at 
     the end the following: ``For purposes of this subchapter, 
     service of the type described in paragraph (18) of this 
     subsection shall be considered to have been service as an 
     employee.''.
       (2) Exemption from deposit requirement.--Section 8334(g) of 
     title 5, United States Code, is amended--
       (A) in paragraph (5), by striking ``or'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting `` ; or''; and
       (C) by adding at the end the following:
       ``(7) any period of service for which credit is allowed 
     under section 8332(b)(18) of this title.''.
       (c) Applicability.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     with respect to annuities commencing on or after the 
     effective date of this section.
       (2) Provisions relating to current annuitants.--
       (A) Election.--Any individual who is entitled to an annuity 
     for the month in which this section becomes effective may 
     elect to have the amount of such annuity recomputed as if the 
     amendments made by this section had been in effect throughout 
     all periods of service on the basis of which the annuity is 
     or may be based.
       (B) Submission of election.--An individual shall make an 
     election under subparagraph (A) by submitting an appropriate 
     application to the Office of Personnel Management not later 
     than 2 years after the effective date of this section.
       (C) Effective date of recomputation; retroactive pay as 
     lump-sum payment.--
       (i) Effective date.--A recomputation under subparagraph (A) 
     shall be effective as of the commencement date of the 
     annuity.
       (ii) Retroactive pay as lump-sum payment.--Any additional 
     amounts becoming payable, due to a recomputation under 
     subparagraph (A), for periods before the first month for 
     which the recomputation is reflected in the regular monthly 
     annuity payments of an individual shall be payable to the 
     individual in the form of a lump-sum payment.
       (3) Provisions relating to individuals eligible for (but 
     not currently receiving) an annuity.--
       (A) In general.--
       (i) Election.--An individual not described in paragraph (2) 
     who becomes eligible for an annuity or an increased annuity 
     as a result of the enactment of this section may elect to 
     have the rights of the individual under subchapter III of 
     chapter 83 of title 5, United States Code, determined as if 
     the amendments made by this section had been in effect 
     throughout all periods of service on the basis of which the 
     annuity is or would be based.
       (ii) Submission of election.--An individual shall make an 
     election under clause (i) by submitting an appropriate 
     application to the Office of Personnel Management not later 
     than 2 years after the later of--

       (I) the effective date of this section; or
       (II) the date on which the individual separates from 
     service.

       (B) Effective date of entitlement; retroactivity.--
       (i) Effective date.--

       (I) In general.--Subject to clause (ii), any entitlement to 
     an annuity or an increased annuity resulting from an election 
     under subparagraph (A) shall be effective as of the 
     commencement date of the annuity.
       (II) Retroactive pay as lump-sum payment.--Any amounts 
     becoming payable for periods before the first month for which 
     regular monthly annuity payments begin to be made in 
     accordance with the amendments made by this section shall be 
     payable to the individual in the form of a lump-sum payment.

       (ii) Retroactivity.--Any determination of the amount, or of 
     the commencement date, of any annuity, all the requirements 
     for entitlement to which (including separation, but not 
     including any application requirement) would have been 
     satisfied before the effective date of this section if this 
     section had been in effect (but would not then otherwise have 
     been satisfied absent this section) shall be made as if 
     application for the annuity had been submitted as of the 
     earliest date that would have been allowable, after the date 
     on which the individual separated from service, if the 
     amendments made by this section had been in effect throughout 
     the periods of service referred to in subparagraph (A)(i).
       (4) Right to file on behalf of a decedent.--
       (A) In general.--The regulations promulgated under 
     subsection (e)(1) shall include provisions, in accordance 
     with the order of precedence under section 8342(c) of title 
     5, United States Code, under which a survivor of an 
     individual who performed service described in section 
     8332(b)(18) of such title (as added by subsection (b)(1)(C)) 
     shall be allowed to submit an application on behalf of and to 
     receive any lump-sum payment that would otherwise have been 
     payable to the decedent under paragraph (2)(C)(ii) or 
     (3)(B)(i)(II) of this subsection.
       (B) Submission of application.--An application under this 
     paragraph shall not be valid unless it is filed not later 
     than the later of--
       (i) 2 years after the effective date of this section; or
       (ii) 1 year after the date of the decedent's death.
       (d) Funding.--
       (1) Lump-sum payments.--Any lump-sum payment under 
     paragraph (2)(C)(ii) or (3)(B)(i)(II) of subsection (c) shall 
     be payable out of the Civil Service Retirement and Disability 
     Fund.
       (2) Unfunded liability.--Any increase in the unfunded 
     liability of the Civil Service Retirement System attributable 
     to the enactment of this section shall be financed in 
     accordance with section 8348(f) of title 5, United States 
     Code.
       (e) Regulations and Special Rule.--
       (1) In general.--The Director of the Office of Personnel 
     Management shall promulgate any regulations necessary to 
     carry out this section, which shall include provisions under 
     which rules similar to those established under the amendments 
     made by section 201 of the Federal Employees' Retirement 
     System Act of 1986 (Public Law 99-335; 100 Stat. 588) shall 
     be applied with respect to any service described in section 
     8332(b)(18) of title 5, United States Code (as added by 
     subsection (b)(1)(C)) that was subject to title II of the 
     Social Security Act.
       (2) Special rule.--For purposes of any application for any 
     benefit which is computed or recomputed taking into account 
     any service described in section 8332(b)(18) of title 5, 
     United States Code (as added by subsection (b)(1)(C)), 
     section 8345(i)(2) of such title shall be applied by deeming 
     the reference to the date of the ``other event which gives 
     rise to title to the benefit'' to refer to the effective date 
     of this section, if later than the date of the event that 
     would otherwise apply.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first fiscal year beginning after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 4216. Mr. BOOKER (for himself and 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 E of title I, add the following:

     SEC. 154. REPORT ON NORTHCOM JOINT URGENT OPERATIONS NEED FOR 
                   AESA RADARS.

       (a) Findings.--Congress makes the following findings:
       (1) The United States Northern Command (NORTHCOM) requested 
     a Joint Urgent Operational Need (JUON) in 2015 at the request 
     of the First Air Force for 72 F-16 aircraft equipped with 
     active electronically scanned array (AESA) radars.
       (2) According to a June 2009 report of the Defense Science 
     Board Task Force on the Fulfillment of Urgent Operational 
     Needs, a JUON is ``a need prioritized by a combatant 
     commander and is defined as a need requiring a solution that, 
     if left unfilled, could result in the loss of life and/or 
     prevent the successful completion of a near-term military 
     mission''.
       (3) According to Department of Defense Instruction 5000.02 
     ``Operation of the Defense Acquisition System'', the purpose 
     of urgent

[[Page S3219]]

     operational needs is ``to deliver capability quickly, within 
     days or months''.
       (4) Furthermore, Department of Defense Instruction 5000.02 
     states that ``DoD Components will use all available 
     authorities to expeditiously fund, develop, assess, produce, 
     deploy, and sustain these capabilities for the duration of 
     the urgent need''.
       (5) One of the criteria for selecting a rapid fielding such 
     as JUON is that the capability can be fielded within 2 years. 
     However, to date no AESA Radars have been fielded in support 
     of this JUON.
       (b) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Commander of U.S. Northern 
     Command and the Secretary of the Air Force shall submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report setting forth--
       (1) the status of the NORTHCOM JUON for 72 AESA radar-
     equipped F-16 aircraft;
       (2) when the Air Force expects to field all 72 radars;
       (3) what acquisition strategy the Department of Defense 
     will use for the full buy; and
       (4) how NORTHCOM is addressing threats to the homeland and 
     capability gaps in United States air combat alert in the 
     absence of F-16 aircraft equipped with AESA radars.
       (c) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 4217. Ms. AYOTTE (for herself, Mrs. Shaheen, Mr. Graham, Mr. King, 
Mr. Wicker, Mr. Nelson, and Mr. Kirk) 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 145 and insert the following:

     SEC. 145. COMPASS CALL RE-HOST PROGRAM.

       (a) Authorization.--The Secretary of the Air Force is 
     authorized to obligate and expend fiscal year 2017 funds for 
     the purpose of re-hosting the primary mission equipment of 
     the current EC-130H Compass Call aircraft fleet on to a more 
     operationally effective and survivable airborne platform to 
     meet combatant commander requirements. This program may be 
     implemented consistent with existing authorities, including 
     Federal Acquisition Regulation Part 6.3 and Department of 
     Defense Instruction 5000.02 ``Operation of the Defense 
     Acquisition System''.
       (b) Funding Adjustments.--
       (1) Aircraft procurement, air force.--The amount authorized 
     to be appropriated for fiscal year 2017 for the Department of 
     Defense by section 101 for procurement for the Army, the Navy 
     and the Marine Corps, the Air Force, and Defense-wide 
     activities is hereby increased by $32,600,000, with the 
     amount of the increase to be allocated to aircraft 
     procurement, Air Force, as specified in the funding tables in 
     section 4101, and available for the following procurement in 
     the amounts specified:
       (A) EC-130H, Scope Increase, $103,000,000.
       (B) Compass Call Mods, Program Restructure, a decrease in 
     the amount of $70,400,000.
       (2) Procurement of aircraft spares and repair parts, air 
     force.--The amount authorized to be appropriated for fiscal 
     year 2017 for the Department of Defense by section 101 for 
     procurement for the Army, the Navy and the Marine Corps, the 
     Air Force, and Defense-wide activities is hereby reduced by 
     $13,200,000, with the amount of the decrease to be allocated 
     to aircraft spares and repair parts, Air Force, as specified 
     in the funding tables in section 4101, and available for 
     Initial Spares/Repair Parts; Compass Call, Program 
     Restructure.
       (3) Procurement of aircraft spares and repair parts for 
     oco, air force.--The amount authorized to be appropriated for 
     fiscal year 2017 for the Department of Defense by section 
     1503 for procurement for overseas contingency operations is 
     hereby reduced by $25,600,000, with the amount of the 
     decrease to be allocated to aircraft spares and repair parts, 
     Air Force, for overseas contingency operations, as specified 
     in the funding tables in section 4102, and available for 
     Initial Spares/Repair Parts; Compass Call, Program 
     Restructure.
       (4) Research, development, test, and evaluation, air 
     force.--The amount authorized to be appropriated for fiscal 
     year 2017 for the Department of Defense by section 201 for 
     research, development, test, and evaluation is hereby 
     increased by $37,100,000, with the amount of the increase to 
     be allocated to operational systems development, as specified 
     in the funding tables in section 4201, and available for 
     Compass Call, Program Restructure.
       (5) Operation and maintenance, air force.--The amount 
     authorized to be appropriated for fiscal year 2017 for the 
     Department of Defense by section 301 for operation and 
     maintenance is hereby reduced by $56,500,000, with the amount 
     of such decrease to be allocated to operation and 
     maintenance, Air Force operating forces for depot 
     maintenance, as specified in the funding tables in section 
     4301, and available for Compass Call, Program Restructure.
       (6) Operation and maintenance for oco, air force.--The 
     amount authorized to be appropriated for fiscal year 2017 by 
     section 1505 for the Department of Defense for operation and 
     maintenance for overseas contingency operations is hereby 
     increased by $25,600,000, with the amount of such increase to 
     be allocated to operation and maintenance, Air Force 
     operating forces, for overseas contingency operations, for 
     depot maintenance, as specified in the funding tables in 
     section 4302, and available for Compass Call, Program 
     Restructure.
                                 ______
                                 
  SA 4218. 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:

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

     SEC. 147. ACQUISITION STRATEGY FOR AIR FORCE HELICOPTERS.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees an acquisition 
     strategy for replacement of the Air Force UH-1N helicopter 
     program.
       (b) Elements.--The acquisition strategy required under 
     subsection (a) shall include--
       (1) a description of the separate and distinct rotorcraft 
     requirements among Air Force Global Strike Command, Air Force 
     District of Washington, and other Major Command airlift 
     missions;
       (2) a life-cycle cost analysis of mixed-fleet versus 
     single-fleet acquisition of aircraft; and
       (3) consideration of the trade-offs between the capability 
     and affordability of commercial derivative aircraft versus 
     military purpose designed aircraft.
                                 ______
                                 
  SA 4219. 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) not later than 60 days after such date of enactment, 
     implement that decision, 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.
                                 ______
                                 
  SA 4220. Mr. BARRASSO 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. EXPANSION OF PROHIBITION ON TRANSFER OF VETERANS 
                   MEMORIAL OBJECTS WITHOUT SPECIFIC AUTHORIZATION 
                   BY LAW.

       Paragraph (3) of section 2572(e) of title 10, United States 
     Code, is amended to read as follows:
       ``(3) The prohibition imposed by paragraph (1) does not 
     apply to a transfer of a veterans memorial object that is 
     specifically authorized by law.''.
                                 ______
                                 
  SA 4221. Mr. BARRASSO 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 III, add the following:

[[Page S3220]]

  


     SEC. 341. REIMBURSEMENT OF STATES FOR CERTAIN FIRE 
                   SUPPRESSION SERVICES AS A RESULT OF FIRE CAUSED 
                   BY MILITARY TRAINING OR OTHER ACTIONS OF THE 
                   ARMED FORCES OR THE DEPARTMENT OF DEFENSE.

       (a) Reimbursement Required.--
       (1) In general.--The Secretary of Defense shall, upon 
     application by a State, reimburse the State for the 
     reasonable costs of the State for fire suppression services 
     coordinated by the State as a result of a wildland fire 
     caused by military training or other actions of units or 
     members of the Armed Forces in Federal status or employees of 
     the Department of Defense on a military training installation 
     owned by the State.
       (2) Services covered.--Services reimbursable under this 
     subsection shall be limited to services proximately related 
     to the fire for which reimbursement is sought under this 
     subsection.
       (3) Limitations.--Nothing in this section shall apply to 
     Department-owned military training installations. Nothing in 
     this section shall affect existing memoranda of understanding 
     between Department-owned military training installations and 
     local governments. Reimbursement may not be made under this 
     section for any services for which a claim may be made under 
     the Federal Tort Claims Act.
       (b) Application.--Each application of a State for 
     reimbursement for costs under subsection (a) shall set forth 
     an itemized request of the services covered by the 
     application, including the costs of such services.
       (c) Funds.--Reimbursements under subsection (a) shall be 
     made from amounts authorized to be appropriated for the 
     Department of Defense for operation and maintenance.
                                 ______
                                 
  SA 4222. Ms. MURKOWSKI 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 4223. Mr. BARRASSO 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. USE OF THE NATIONAL GUARD FOR SUPPORT OF CIVILIAN 
                   FIREFIGHTING ACTIVITIES.

       The Secretary of Defense may authorize members and units of 
     the National Guard performing duty under section 328(b), 
     502(f), or 709(a) of title 32, United States Code, or on 
     active duty under title 10, United States Code, to support 
     firefighting operations, missions, and activities, including 
     aerial firefighting employment of the Mobile Airborne 
     Firefighting System (MAFFS), undertaken in support of a 
     request from the National Interagency Fire Center or another 
     Federal agency.
                                 ______
                                 
  SA 4224. Mr. BROWN (for himself and 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 XII, add the following:

     SEC. 1097. COLLABORATION BETWEEN FEDERAL AVIATION 
                   ADMINISTRATION AND DEPARTMENT OF DEFENSE ON 
                   UNMANNED AIRCRAFT SYSTEMS.

       (a) Collaboration Between Federal Aviation Administration 
     in Department of Defense Required.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration and the Secretary of Defense shall collaborate 
     on developing ground-based sense and avoid (GBSAA) and 
     airborne sense and avoid (ABSAA) capabilities for unmanned 
     aircraft systems (UAS).
       (2) Elements.--The collaboration required by paragraph (1) 
     shall include the following:
       (A) Sharing information and technology on safely 
     integrating unmanned aircraft systems and manned aircraft in 
     the national airspace system.
       (B) Building upon Air Force and Department of Defense 
     experience to inform the Federal Aviation Administration's 
     development of civil standards, policies, and procedures for 
     integrating unmanned aircraft systems in the national 
     airspace system.
       (C) Assisting in the development of best practices for 
     unmanned aircraft airworthiness certification, development of 
     airborne and ground-based sense and avoid capabilities for 
     unmanned aircraft systems, and research and development on 
     unmanned aircraft systems, especially with respect to matters 
     involving human factors, information assurance, and security.
       (b) Participation by Federal Aviation Administration in 
     Department of Defense Activities.--
       (1) In general.--The Administrator may participate and 
     provide assistance for participation in test and evaluation 
     efforts of the Department of Defense, including the Air 
     Force, relating to ground-based sense and avoid and airborne 
     sense and avoid capabilities for unmanned aircraft systems.
       (2) Participation through centers of excellence and test 
     sites.--Participation under paragraph (1) may include 
     provision of assistance through the Unmanned Aircraft Systems 
     Center of Excellence and Unmanned Aircraft Systems Test 
     Sites.
       (c) Unmanned Aircraft System Defined.--In this section, the 
     term ``unmanned aircraft system'' has the meaning given that 
     term in section 331 of the FAA Modernization and Reform Act 
     of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).
                                 ______
                                 
  SA 4225. Mr. MENENDEZ (for himself, Mr. Brown, 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 I of title X, add the following:

     SEC. 1097. MILITARY FAMILIES CREDIT REPORTING ACT.

       (a) Short Title.--This section may be cited as the 
     ``Military Families Credit Reporting Act''.
       (b) Notice of Status as an Active Duty Military Consumer.--
     The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is 
     amended--
       (1) in section 605 (15 U.S.C. 1681c), by adding at the end 
     the following:
       ``(i) Notice of Status as an Active Duty Military 
     Consumer.--
       ``(1) In general.--With respect to an item of adverse 
     information about a consumer that arises from the failure of 
     the consumer to make any required payment on a debt or other 
     obligation, if the action or inaction that gave rise to the 
     item occurred while the consumer was an active duty military 
     consumer, the consumer may provide appropriate proof, 
     including official orders, to a consumer reporting agency 
     that the consumer was an active duty military consumer at the 
     time such action or inaction occurred, and any consumer 
     report provided by the consumer reporting agency that 
     includes the item shall clearly and conspicuously disclose 
     that the consumer was an active duty military consumer when 
     the action or inaction that gave rise to the item occurred.
       ``(2) Model form.--The Bureau shall prepare a model form, 
     which shall be made publicly available, including in an 
     electronic format, by which a consumer may--
       ``(A) notify, and provide appropriate proof to, a consumer 
     reporting agency in a simple and easy manner, including 
     electronically, that the consumer is or was an active duty 
     military consumer; and
       ``(B) provide contact information of the consumer for the 
     purpose of communicating with the consumer while the consumer 
     is an active duty military consumer.
       ``(3) No adverse consequences.--Notice, whether provided by 
     the model form described in paragraph (2) or otherwise, that 
     a consumer is or was an active duty military consumer may not 
     provide the sole basis for--
       ``(A) with respect to a credit transaction between the 
     consumer and a creditor, a creditor--
       ``(i) denying an application of credit submitted by the 
     consumer;
       ``(ii) revoking an offer of credit made to the consumer by 
     the creditor;
       ``(iii) changing the terms of an existing credit 
     arrangement with the consumer; or
       ``(iv) refusing to grant credit to the consumer in a 
     substantially similar amount or on substantially similar 
     terms requested by the consumer;
       ``(B) furnishing negative information relating to the 
     creditworthiness of the consumer by or to a consumer 
     reporting agency; or
       ``(C) except as otherwise provided in this title, a 
     creditor or consumer reporting agency noting in the file of 
     the consumer that the consumer is or was an active duty 
     military consumer.'';
       (2) in section 605A (15 U.S.C. 1681c-1)--
       (A) in subsection (c)--
       (i) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively, and adjusting 
     the margins accordingly;
       (ii) in the matter preceding subparagraph (A), as so 
     redesignated, by striking ``Upon'' and inserting the 
     following:
       ``(1) In general.--Upon''; and
       (iii) by adding at the end the following:
       ``(2) Negative information notification.--If a consumer 
     reporting agency receives an item of adverse information 
     about a consumer who has provided appropriate proof that the 
     consumer is an active duty military consumer, the consumer 
     reporting agency

[[Page S3221]]

     shall promptly notify the consumer, according to a frequency, 
     manner, and timeliness determined by the Bureau or specified 
     by the consumer--
       ``(A) that the consumer reporting agency has received the 
     item of adverse information, along with a description of the 
     item; and
       ``(B) the method by which the consumer may dispute the 
     validity of the item.
       ``(3) Contact information for active duty military 
     consumers.--
       ``(A) In general.--If a consumer who has provided 
     appropriate proof to a consumer reporting agency that the 
     consumer is an active duty military consumer provides the 
     consumer reporting agency with contact information for the 
     purpose of communicating with the consumer while the consumer 
     is an active duty military consumer, the consumer reporting 
     agency shall use that contact information for all 
     communications while the consumer is an active duty military 
     consumer.
       ``(B) Direct request.--Unless the consumer directs 
     otherwise, the provision of contact information by the 
     consumer under subparagraph (A) shall be deemed to be a 
     request for the consumer to receive an active duty alert 
     under paragraph (1).
       ``(4) Sense of congress.--It is the sense of Congress that 
     any person making use of a consumer report that contains an 
     item of adverse information should, if the action or inaction 
     that gave rise to the item occurred while the consumer was an 
     active duty military consumer, take such fact into account 
     when evaluating the creditworthiness of the consumer.''; and
       (B) in subsection (e), by striking paragraph (3) and 
     inserting the following:
       ``(3) subparagraphs (A) and (B) of subsection (c)(1), in 
     the case of a referral under subsection (c)(1)(C).''; and
       (3) in section 611(a)(1) (15 U.S.C. 1681i(a)(1)), by adding 
     at the end the following:
       ``(D) Notice of dispute related to active duty military 
     consumers.--With respect to an item of information described 
     under subparagraph (A) that is under dispute, if the consumer 
     to whom the item relates has notified the consumer reporting 
     agency, and has provided appropriate proof, that the consumer 
     was an active duty military consumer at the time the action 
     or inaction that gave rise to the disputed item occurred, the 
     consumer reporting agency shall--
       ``(i) include that fact in the file of the consumer; and
       ``(ii) indicate that fact in each consumer report that 
     includes the disputed item.''.
                                 ______
                                 
  SA 4226. 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 C of title XVI, add the following:

     SEC. 1641. PILOT PROGRAM ON TRAINING FOR NATIONAL GUARD 
                   PERSONNEL ON CYBER SKILLS FOR THE PROTECTION OF 
                   INDUSTRIAL CONTROL SYSTEMS ASSOCIATED WITH 
                   CRITICAL INFRASTRUCTURE.

       (a) In General.--The Chief of the National Guard Bureau 
     shall carry out within the National Guard Bureau a pilot 
     program to provide National Guard personnel with training on 
     cyber skills for the protection of industrial control systems 
     associated with critical infrastructure that utilizes the 
     Industrial Control System cyber assessment expertise assigned 
     to a National Guard Cyber Operations Group.
       (b) Duration.--The duration of the pilot program shall be 
     three years.
       (c) Scope of Training.--The training provided pursuant to 
     the pilot program shall be designed to permit personnel who 
     receive such training to assist National Guard Cyber 
     Protection Teams in carrying out activities to protect 
     systems and infrastructure described in subsection (a) from 
     cyber attacks in situations where such activities are 
     otherwise authorized.
       (d) Consultation.--The Chief of the National Guard Bureau 
     shall consult with the Under Secretary of Homeland Security 
     for National Protection and Programs, Department of Energy 
     national laboratories, and appropriate institutions of higher 
     education and other organizations and entities in the private 
     sector in carrying out the pilot program.
       (e) Relationship With Existing Training Programs.--In 
     conducting the pilot program, the Chief of the National Guard 
     Bureau shall not duplicate, and shall consult with and may 
     leverage, existing training programs, including training 
     available through the national cybersecurity and 
     communications integration center established under section 
     227 of the Homeland Security Act of 2002 (6 U.S.C. 148).
       (f) Report.--
       (1) In general.--Not later than six months after the 
     completion of the pilot program, the Chief of the National 
     Guard Bureau shall submit to the officials, and the 
     committees of Congress, specified in paragraph (2) a report 
     that sets forth the following:
       (A) An evaluation of the training needs of the National 
     Guard Cyber Protection Teams in protecting industrial control 
     systems from cyber attacks.
       (B) An assessment whether new training capabilities are 
     necessary for the remainder of the National Guard Cyber 
     Protection Teams.
       (C) Any other assessments, conclusions, and recommendations 
     that the Chief of the National Guard Bureau considers 
     appropriate in light of the pilot program.
       (2) Officials and committees of congress.--The officials, 
     and the committees of Congress, specified in this paragraph 
     are the following:
       (A) The Secretary of Defense, the Secretary of Homeland 
     Security, and the Secretary of Energy.
       (B) The Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Energy and Natural Resources of the Senate.
       (C) The Committee on Armed Services, the Committee on 
     Homeland Security, and the Committee on Energy and Commerce 
     of the House of Representatives
                                 ______
                                 
  SA 4227. 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 F of title XVI, add the following:

     SEC. 1674. INTELLIGENCE SHARING RELATIONSHIPS.

       (a) Review of Agreements.--Not later than 90 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence, in consultation with the Secretary of Defense, 
     shall complete a review of each intelligence sharing 
     agreement between the United States and a foreign country 
     that--
       (1) is experiencing a significant threat from the Islamic 
     State of Iraq and the Levant; or
       (2) is participating as part of the coalition in activities 
     to degrade and defeat the Islamic State of Iraq and the 
     Levant.
       (b) Intelligence Sharing Related to the Islamic State of 
     Iraq and the Levant.--Not later than 90 days after the date 
     that the Director of National Intelligence completes the 
     reviews required by subsection (a), the Director shall 
     develop an intelligence sharing agreement between the United 
     States and each foreign country referred to in subsection (a) 
     that--
       (1) applies to the sharing of intelligence related to 
     defensive or offensive measures to be taken with respect to 
     the Islamic State of Iraq and the Levant; and
       (2) provides for the maximum amount of sharing of such 
     intelligence, as appropriate, in a manner that is consistent 
     with the due regard for the protection of intelligence 
     sources and methods, protection of human rights, and the 
     ability of recipient nations to utilize intelligence for 
     targeting purposes consistent with the laws of armed 
     conflict.
                                 ______
                                 
  SA 4228. 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, add the following:

     SEC. 1277. APPROVAL OF AGREEMENT BETWEEN UNITED STATES AND 
                   REPUBLIC OF PALAU.

       (a) Definitions.--In this section:
       (1) Agreement.--The term ``Agreement'' means the Agreement 
     and appendices signed by the United States and the Republic 
     of Palau on September 3, 2010.
       (2) Compact.--The term ``Compact'' means the Compact of 
     Free Association between the Government of the United States 
     of America and the Government of Palau, as contained in 
     section 201 of Public Law 99-658 (48 U.S.C. 1931 note).
       (b) Results of Compact Review.--
       (1) In general.--Title I of Public Law 99-658 (48 U.S.C. 
     1931 et seq.) is amended by adding at the end the following:

     ``SEC. 105. RESULTS OF COMPACT REVIEW.

       ``(a) In General.--The agreement and appendices signed by 
     the United States and the Republic of Palau on September 3, 
     2010 (referred to in this section as the `Agreement'), 
     pursuant to section 432 of the Compact, are approved--
       ``(1) except for the extension of article X of the 
     Agreement regarding Federal programs and services, concluded 
     pursuant to article II of title II and section 232 of the 
     Compact; and
       ``(2) subject to the provisions of this section.
       ``(b) Withholding of Funds.--If the Republic of Palau 
     withdraws more than $5,000,000 from the trust fund 
     established under section 211(f) of the Compact during fiscal 
     year 2016, or more than $8,000,000 during fiscal year 2017, 
     the amounts payable under sections 1,

[[Page S3222]]

     2(a), 3, and 4(a) of the Agreement shall be withheld from the 
     Republic of Palau until the date on which the Republic of 
     Palau reimburses the trust fund for the total amounts 
     withdrawn that exceeded $5,000,000 during fiscal year 2016 or 
     $8,000,000 during fiscal year 2017, as applicable.
       ``(c) Funding for Certain Provisions.--Not later than 30 
     days after the date of enactment of this section, out of any 
     funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Secretary of 
     the Interior such sums as are necessary for the Secretary of 
     the Interior to implement sections 1, 2(a), 3, 4(a), and 5 of 
     the Agreement, to remain available until expended, without 
     any further appropriation.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated--
       ``(1) to the Secretary of the Interior to subsidize postal 
     services provided by the United States Postal Service to the 
     Republic of Palau, the Republic of the Marshall Islands, and 
     the Federated States of Micronesia $1,500,000 for each of 
     fiscal years 2017 through 2024, to remain available until 
     expended; and
       ``(2) to the head of each Federal entity described in 
     paragraphs (1), (3), and (4) of section 221(a) of the Compact 
     (including any successor of such a Federal entity) to carry 
     out the responsibilities of the Federal entity under section 
     221(a) of the Compact such sums as are necessary, to remain 
     available until expended.''.
       (2) Offset.--Section 3 of the Act of June 30, 1954 (68 
     Stat. 330, 82 Stat. 1213, chapter 423), is repealed.
       (c) Payment Schedule; Withholding of Funds; Funding.--
       (1) Compact fund.--Section 1 of the Agreement is amended to 
     read as follows:

     ``SECTION 1. COMPACT FUND.

       ``The Government of the United States shall contribute 
     $30,250,000 to the Fund established under section 211(f) of 
     the Compact in accordance with the following schedule:
       ``(1) $20,000,000 for fiscal year 2017.
       ``(2) $2,000,000 for each of fiscal years 2018 through 
     2022.
       ``(3) $250,000 for fiscal year 2023.''.
       (2) Infrastructure maintenance fund.--Subsection (a) of 
     section 2 of the Agreement is amended to read as follows:
       ``(a) Grant.--
       ``(1) In general.--The Government of the United States 
     shall provide a grant in an amount equal to $3,500,000 for 
     each of fiscal years 2017 through 2024 to create a trust fund 
     (referred to in this agreement as the `Infrastructure 
     Maintenance Fund'), to be used for the routine and periodic 
     maintenance of major capital improvement projects financed 
     using funds provided by the Government of the United States.
       ``(2) Contributions by palau.--The Government of Palau 
     shall match the contributions made by the Government of the 
     United States by making contributions of $150,000 to the 
     Infrastructure Maintenance Fund on a quarterly basis during 
     the period beginning on October 1, 2016, and ending on 
     September 30, 2024.
       ``(3) Requirement.--The implementation of this subsection 
     shall be carried out in accordance with appendix A to this 
     agreement.''.
       (3) Fiscal consolidation fund.--Section 3 of the Agreement 
     is amended to read as follows:

     ``SEC. 3. FISCAL CONSOLIDATION FUND.

       ``(a) In General.--The Government of the United States 
     shall provide to the Government of Palau $5,000,000 for each 
     of fiscal years 2017 and 2018 for deposit in an interest-
     bearing account to be used to reduce government arrears of 
     the Government of Palau.
       ``(b) Requirement.--The implementation of this section 
     shall be carried out in accordance with appendix B to this 
     agreement.''.
       (4) Direct economic assistance.--Subsection (a) of section 
     4 of the Agreement is amended to read as follows:
       ``(a) Direct Economic Assistance.--
       ``(1) In general.--In addition to economic assistance in an 
     amount equal to $13,147,000 provided to the Government of 
     Palau by the Government of the United States for each of 
     fiscal years 2010 through 2016, and unless otherwise 
     specified in this agreement or an appendix to this agreement, 
     the Government of the United States shall provide to the 
     Government of Palau $28,721,000 in economic assistance, as 
     follows:
       ``(A) $7,500,000 for fiscal year 2017.
       ``(B) $6,250,000 for fiscal year 2018.
       ``(C) $5,000,000 for fiscal year 2019.
       ``(D) $4,000,000 for fiscal year 2020.
       ``(E) $3,000,000 for fiscal year 2021.
       ``(F) $2,000,000 for fiscal year 2022.
       ``(G) $971,000 for fiscal year 2023.
       ``(2) Method.--Unless otherwise specified in this agreement 
     or in an appendix to this agreement, the funds provided for a 
     fiscal year under this subsection shall be provided in 4 
     quarterly payments in an amount equal to--
       ``(A) 30 percent of the total applicable amount during the 
     first quarter;
       ``(B) 30 percent of the total applicable amount during the 
     second quarter;
       ``(C) 20 percent of the total applicable amount during the 
     third quarter; and
       ``(D) 20 percent of the total applicable amount during the 
     fourth quarter.''.
       (5) Infrastructure projects.--Section 5 of the Agreement is 
     amended to read as follows:

     ``SEC. 5. INFRASTRUCTURE PROJECTS.

       ``(a) In General.--The Government of the United States 
     shall provide to the Government of Palau grants in a total 
     amount equal to $40,000,000, as follows:
       ``(1) $8,000,000 for each of fiscal years 2017 through 
     2019.
       ``(2) $6,000,000 for fiscal year 2020.
       ``(3) $5,000,000 for each of fiscal years 2021 and 2022.
       ``(b) Use.--The Government of Palau shall use each grant 
     provided under subsection (a) for 1 or more mutually agreed-
     upon infrastructure projects, in accordance with appendix C 
     to this agreement.''.
       (d) Passport Requirement.--Section 141 of the Compact is 
     amended to read as follows:

     ``SEC. 141. PASSPORT REQUIREMENT.

       ``(a) Admission.--
       ``(1) In general.--Any person who meets the requirements of 
     any category described in paragraph (2) may be admitted to, 
     and lawfully engage in occupations and establish residence as 
     a nonimmigrant in, the United States and its territories and 
     possessions, without regard to paragraph (5) or (7)(B)(i)(II) 
     of section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)), subject to the condition that the passport 
     presented to satisfy paragraph (7)(B)(i)(I) of that section 
     is a valid, unexpired, machine-readable passport that 
     satisfies the internationally accepted standard for machine 
     readability.
       ``(2) Description of categories.--The categories referred 
     to in paragraph (1) are the following:
       ``(A) A person who--
       ``(i) on September 30, 1994, was a citizen of the Trust 
     Territory of the Pacific Islands (as defined in title 53 of 
     the Trust Territory Code in force on January 1, 1979); and
       ``(ii) has become, and remains, a citizen of Palau.
       ``(B) A person who acquires the citizenship of Palau, at 
     birth, on or after the effective date of the Constitution of 
     Palau.
       ``(C) A naturalized citizen of Palau who--
       ``(i) has been an actual resident of Palau for not less 
     than 5 years after attaining that naturalization; and
       ``(ii) holds a certificate of that actual residence.
       ``(3) Effect of subsection.--Nothing in this subsection--
       ``(A) confers on a citizen of Palau the right--
       ``(i) to establish residence necessary for naturalization 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.); or
       ``(ii) to petition for benefits for alien relatives under 
     that Act; or
       ``(B) prevents a citizen of Palau from otherwise 
     acquiring--
       ``(i) a right described in subparagraph (A); or
       ``(ii) lawful permanent resident alien status in the United 
     States.
       ``(b) Acceptance of Employment.--Any person who meets the 
     requirements of any category described in subsection (a)(2) 
     shall be considered to have the permission of the Secretary 
     of Homeland Security to accept employment in the United 
     States.
       ``(c) Establishment of Habitual Residence in Certain 
     Territories and Possessions.--The right of a person who meets 
     the requirements of any category described in subsection 
     (a)(2) to establish habitual residence in a territory or 
     possession of the United States may be subject to any 
     nondiscriminatory limitation under any law (including 
     regulations) of--
       ``(1) the United States; or
       ``(2) the applicable territory or possession of the United 
     States.''.
       (e) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) 
     of the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921d(f)(1)(B)(ix)) is amended by striking ``2009'' 
     and inserting ``2024''.
                                 ______
                                 
  SA 4229. Mr. McCAIN 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 XV, add the following:

     SEC. 1512. INCREASE IN AUTHORIZATIONS AND AUTHORIZATIONS OF 
                   APPROPRIATIONS TO MEET UNFUNDED PRIORITIES OF 
                   THE ARMED FORCES.

       (a) Superseding End Strengths for Active Forces.--
       (1) Ineffectiveness of specified end strengths.--Section 
     401 shall have no force or effect.
       (2) Superseded end strengths.--The Armed Forces are 
     authorized strengths for active duty personnel as of 
     September 30, 2017, as follows:
       (A) The Army, 475,000.
       (B) The Navy, 325,782.
       (C) The Marine Corps, 185,000.
       (D) The Air Force, 321,000.
       (b) Superseding End Strengths for Selected Reserve.--
       (1) Ineffectiveness of specified end strengths.--Section 
     411(a) shall have no force or effect.
       (2) Superseding end strengths.--The Armed Forces are 
     authorized strengths for Selected Reserve personnel of the 
     reserve components as of September 30, 2017, as follows:
       (A) The Army National Guard of the United States, 342,000.

[[Page S3223]]

       (B) The Army Reserve, 198,000.
       (C) The Navy Reserve, 58,300.
       (D) The Marine Corps Reserve, 38,900.
       (E) The Air National Guard of the United States, 106,200.
       (F) The Air Force Reserve, 69,200.
       (G) The Coast Guard Reserve, 7,000.
       (3) Applicability of certain authorities.--Subsections (b) 
     and (c) of section 411 shall apply in the calculation of end 
     strengths under paragraph (2).
       (c) Superseding Pay Raise.--
       (1) Ineffectiveness of specified pay raise.--Section 601(b) 
     shall have no force or effect.
       (2) Superseding increase in basic pay.--Effective on 
     January 1, 2017, the rates of monthly basic pay for members 
     of the uniformed services are increased by 2.1 percent.
       (d) Ineffectiveness of Reduction in Minimum Number of Navy 
     Carrier Air Wings.--Section 1088 shall have no force or 
     effect, and the amendments proposed to be made by that 
     section shall not be made.
       (e) Increase in Authorization for OCO for Aircraft 
     Procurement, Army.--The amount authorized to be appropriated 
     for fiscal year 2017 for the Department of Defense by section 
     1503 for procurement for overseas contingency operations is 
     hereby increased by $1,052,000,000, with the amount of the 
     increase to be allocated to aircraft procurement, Army, for 
     overseas contingency operations, as specified in the funding 
     tables in section 4102, and available for the following 
     procurement in the amounts specified:
       (1) 10 AH-64 Apache Advance Procurement, consistent with 
     the recommendation of the National Commission on the Future 
     of the Army, $71,000,000.
       (2) 17 LUH-72 Lakota, consistent with the recommendation of 
     the National Commission on the Future of the Army, 
     $110,000,000.
       (3) 36 UH-60M Black Hawk, consistent with the 
     recommendation of the National Commission on the Future of 
     the Army, $440,000,000.
       (4) 5 AH-64 Apache New Builds, consistent with the 
     recommendation of the National Commission on the Future of 
     the Army, $191,000,000.
       (5) 5 Reman CH-47 Chinook, consistent with the 
     recommendation of the National Commission on the Future of 
     the Army, $240,000,000.
       (f) Increase in Authorization for OCO for Procurement of 
     W&TCV, Army.--The amount authorized to be appropriated for 
     fiscal year 2017 for the Department of Defense by section 
     1503 for procurement for overseas contingency operations is 
     hereby increased by $245,000,000, with the amount of the 
     increase to be allocated to procurement of wheeled and 
     tracked combat vehicles, Army, for overseas contingency 
     operations, as specified in the funding tables in section 
     4102, and available for the following procurement in the 
     amounts specified:
       (1) Modernization of 14 M1 Abrams for the European 
     Reassurance Initiative, $172,200,000.
       (2) Modernization of 14 M2 Bradley for the European 
     Reassurance Initiative, $72,800,000.
       (g) Increase in Authorization for OCO Other Procurement, 
     Army.--The amount authorized to be appropriated for fiscal 
     year 2017 for the Department of Defense by section 1503 for 
     procurement for overseas contingency operations is hereby 
     increased by $60,000,000, with the amount of the increase to 
     be allocated to other procurement, Army, for overseas 
     contingency operations, as specified in the funding tables in 
     section 4102, and available for the following procurement in 
     the amounts specified:
       (1) Assured Positioning Navigation and Timing (PNT), 
     consistent with the recommendation of the National Commission 
     on the Future of the Army, $28,000,000.
       (2) Modernized Warning System, consistent with the 
     recommendation of the National Commission on the Future of 
     the Army, $32,000,000.
       (h) Increase in Authorization for OCO for Aircraft 
     Procurement, Navy.--The amount authorized to be appropriated 
     for fiscal year 2017 for the Department of Defense by section 
     1503 for procurement for overseas contingency operations is 
     hereby increased by $2,489,700,000, with the amount of the 
     increase to be allocated to aircraft procurement, Navy, for 
     overseas contingency operations, as specified in the funding 
     tables in section 4102, and available for the following 
     procurement in the amounts specified:
       (1) 14 F-18 Super Hornet, $1,200,000,000.
       (2) 2 AH-1Z Viper, $57,000,000.
       (3) 2 Marine Corps F-35B, $269,600,000.
       (4) 2 Marine Corps F-35C, $270,000,000.
       (5) 2 Marine Corps KC-130J, $158,000,000.
       (6) 2 Marine Corps MV-22, $150,000,000.
       (7) 2 Navy F-35C, $270,000,000.
       (8) CH-35 Degraded Visual Environment Display, $13,300,000.
       (9) KC-130J Digital Interoperability, $20,800,000.
       (10) RF Kill Chain Enhancements, $81,000,000.
       (i) Increase in Authorization for OCO for Weapons 
     Procurement, Navy.--The amount authorized to be appropriated 
     for fiscal year 2017 for the Department of Defense by section 
     1503 for procurement for overseas contingency operations is 
     hereby increased by $36,000,000, with the amount of the 
     increase to be allocated to weapons procurement, Navy, for 
     overseas contingency operations, as specified in the funding 
     tables in section 4102, and available for the following 
     procurement in the amounts specified:
       (1) 23 MK 54 Lightweight Torpedo Mod 0, $16,000,000.
       (2) 8 MK 48 Heavy Weight Torpedo, $20,000,000.
       (j) Increase in Authorization for OCO for Procurement of 
     Ammo, Navy & MC.--The amount authorized to be appropriated 
     for fiscal year 2017 for the Department of Defense by section 
     1503 for procurement for overseas contingency operations is 
     hereby increased by $58,000,000, with the amount of the 
     increase to be allocated to procurement of ammo, Navy and 
     Marine Corps, for overseas contingency operations, as 
     specified in the funding tables in section 4102, and 
     available for the procurement of JDAM Components in the 
     amount of $58,000,000.
       (k) Increase in Authorization for OCO for Shipbuilding and 
     Conversion, Navy.--The amount authorized to be appropriated 
     for fiscal year 2017 for the Department of Defense by section 
     1503 for procurement for overseas contingency operations is 
     hereby increased by $1,830,000,000, with the amount of the 
     increase to be allocated to shipbuilding and conversion, 
     Navy, for overseas contingency operations, as specified in 
     the funding tables in section 4102, and available for the 
     following procurement in the amounts specified:
       (1) 3 Ship to Shore Connector, $165,000,000.
       (2) DDG-51 Incremental Funding, $383,000,000.
       (3) LCU Replacement, $22,000,000.
       (4) Littoral Combat Ship, $385,000,000.
       (5) LX(R) Advance Funding, $800,000,000.
       (6) T-ATS(X) (SCN-21), $75,000,000.
       (l) Increase in Authorization for OCO for Other 
     Procurement, Navy.--The amount authorized to be appropriated 
     for fiscal year 2017 for the Department of Defense by section 
     1503 for procurement for overseas contingency operations is 
     hereby increased by $65,000,000, with the amount of the 
     increase to be allocated to other procurement, Navy, for 
     overseas contingency operations, as specified in the funding 
     tables in section 4102, and available for the following 
     procurement in the amounts specified:
       (1) SSEE Inc F, $43,000,000.
       (2) Submarine Towed Arrays, $22,000,000.
       (m) Increase in Authorization for OCO for Aircraft 
     Procurement, Air Force.--The amount authorized to be 
     appropriated for fiscal year 2017 for the Department of 
     Defense by section 1503 for procurement for overseas 
     contingency operations is hereby increased by $1,167,800,000, 
     with the amount of the increase to be allocated to aircraft 
     procurement, Air Force, for overseas contingency operations, 
     as specified in the funding tables in section 4102, and 
     available for the following procurement in the amounts 
     specified:
       (1) 5 Air Force F-35A, $691,000,000.
       (2) 5 Air Force C-130J, $452,000,000.
       (3) F-16 Mission Training Center, $24,800,000.
       (n) Increase in Authorization for OCO for Procurement, 
     Defense-wide.--The amount authorized to be appropriated for 
     fiscal year 2017 for the Department of Defense by section 
     1503 for procurement for overseas contingency operations is 
     hereby increased by $303,000,000, with the amount of the 
     increase to be allocated to procurement, Defense-wide, for 
     overseas contingency operations, as specified in the funding 
     tables in section 4102, and available for the following 
     procurement in the amounts specified:
       (1) Israeli Missile Defense Procurement Arrow 3 Upper Tier, 
     $120,000,000.
       (2) Israeli Missile Defense Procurement David's Sling, 
     $150,000,000.
       (3) Israeli Missile Defense Procurement Iron Dome, 
     $20,000,000.
       (4) SOUTHCOM Other Electronic Warfare/Countermeasures, 
     $13,000,000.
       (o) Increase in Authorization for OCO for RDT&E, Navy.--The 
     amount authorized to be appropriated for fiscal year 2017 for 
     the Department of Defense by section 1504 for research, 
     development, test, and evaluation for overseas contingency 
     operations is hereby increased by $43,400,000, with the 
     amount of the increase to be allocated to research, 
     development, test, and evaluation, Navy, for overseas 
     contingency operations, as specified in the funding tables in 
     section 4202, and available for the following research, 
     development, test, and evaluation in the amounts specified:
       (1) APKWS II F/A-18D, $25,900,000.
       (2) LCS Propulsion and machinery control test capability, 
     $17,500,000.
       (p) Increase in Authorization for OCO for RDT&E, Defense-
     wide.--The amount authorized to be appropriated for fiscal 
     year 2017 for the Department of Defense by section 1504 for 
     research, development, test, and evaluation for overseas 
     contingency operations is hereby increased by $29,900,000, 
     with the amount of the increase to be allocated to research, 
     development, test, and evaluation, Defense-wide, for overseas 
     contingency operations, as specified in the funding tables in 
     section 4202, and available for the following research, 
     development, test, and evaluation in the amounts specified:
       (1) Israeli Missile Defense Development Arrow, $6,500,000.
       (2) Israeli Missile Defense Development Arrow-3, 
     $4,100,000.
       (3) Israeli Missile Defense Development David's Sling, 
     $19,300,000.
       (q) Increase in Authorization for OCO for O&M, Army.--The 
     amount authorized to be appropriated for fiscal year 2017 for 
     the Department of Defense by section 1505 for operation and 
     maintenance for overseas contingency operations is hereby 
     increased by $4,369,800,000, with the amount of the increase 
     to be allocated to operation and maintenance, Army, for 
     overseas contingency operations, as specified in the funding 
     tables in

[[Page S3224]]

     section 4302, and available for the following operation and 
     maintenance in the amounts specified:
       (1) 4 ANG AH-64 Training, consistent with the 
     recommendation of the National Commission on the Future of 
     the Army, $62,100,000.
       (2) Army Readiness Aviation Assets, $7,200,000.
       (3) Army Readiness Echelons Above Brigade, $18,300,000.
       (4) Army Readiness Facilities, Sustainment, Restoration & 
     Modernization, $354,400,000.
       (5) Army Readiness Flight Training, $6,400,000.
       (6) Army Readiness Land Forces Operations Support, 
     $8,900,000.
       (7) Army Readiness Maneuver Units, $202,800,000.
       (8) Army Readiness Modular Support Brigades, $2,700,000.
       (9) Army Readiness Theater Level Assets, $10,200,000.
       (10) ERI Realignment, a decrease of $245,000,000.
       (11) Force structure in Afghanistan 9,800, $3,191,000,000.
       (12) Heel-to-toe presence of CAB Europe, $100,000,000.
       (13) Maintain Eleventh Combat Aviation Brigades, 
     $305,400,000.
       (14) National Guard Readiness, consistent with the 
     recommendation of the National Commission on the Future of 
     the Army, $70,000,000.
       (15) Army Readiness Aviation Assets, $68,000,000.
       (16) Army Readiness Land Forces Operations Support, 
     $207,400,000.
       (r) Increase in Authorization for OCO for O&M, Army 
     National Guard.--The amount authorized to be appropriated for 
     fiscal year 2017 for the Department of Defense by section 
     1505 for operation and maintenance for overseas contingency 
     operations is hereby increased by $156,100,000, with the 
     amount of the increase to be allocated to operation and 
     maintenance, Army National Guard, for overseas contingency 
     operations, as specified in the funding tables in section 
     4302, and available for the following operation and 
     maintenance in the amounts specified:
       (1) Army National Guard Readiness Echelons Above Brigade, 
     $15,000,000.
       (2) Army National Guard Readiness Modular Support Brigades, 
     $15,000,000.
       (3) Army National Guard Readiness Theater Level Assets, 
     $15,000,000.
       (4) Army National Guard Readiness Facilities, Sustainment, 
     Restoration & Modernization, $32,100,000.
       (5) Army National Guard Readiness Aviation Assets, 
     $44,000,000.
       (6) Army National Guard Readiness Maneuver Units 111, 
     $35,000,000.
       (s) Increase in Authorization for OCO for O&M, Army 
     Reserve.--The amount authorized to be appropriated for fiscal 
     year 2017 for the Department of Defense by section 1505 for 
     operation and maintenance for overseas contingency operations 
     is hereby increased by $81,500,000, with the amount of the 
     increase to be allocated to operation and maintenance, Army 
     Reserve, for overseas contingency operations, as specified in 
     the funding tables in section 4302, and available for the 
     following operation and maintenance in the amounts specified:
       (1) Army Reserve Readiness Echelons Above Brigade, 
     $60,000,000.
       (2) Army Reserve Facilities, Sustainment, Restoration and 
     Modernization, $21,500,000.
       (t) Increase in Authorization for OCO for O&M, Navy.--The 
     amount authorized to be appropriated for fiscal year 2017 for 
     the Department of Defense by section 1505 for operation and 
     maintenance for overseas contingency operations is hereby 
     increased by $1,007,400,000, with the amount of the increase 
     to be allocated to operation and maintenance, Navy, for 
     overseas contingency operations, as specified in the funding 
     tables in section 4302, and available for the following 
     operation and maintenance in the amounts specified:
       (1) Dry Dock Initiative, $80,000,000.
       (2) Navy Readiness Mission and Other Ship Operations, 
     $158,000,000.
       (3) Navy Readiness Ship Depot Maintenance, $238,000,000.
       (4) Navy Readiness Sustainment, Restoration, and 
     Modernization, $160,900,000.
       (5) Reactive Yard Patrol Craft, $45,000,000.
       (6) Navy Readiness Ship Depot Operations Support, 
     $79,000,000.
       (7) Restore 10th Air Wing, $86,500,000.
       (8) Restore Cruisers, $161,000,000.
       (u) Increase in Authorization for OCO for O&M, Navy 
     Reserve.--The amount authorized to be appropriated for fiscal 
     year 2017 for the Department of Defense by section 1505 for 
     operation and maintenance for overseas contingency operations 
     is hereby increased by $25,800,000, with the amount of the 
     increase to be allocated to operation and maintenance, Navy 
     Reserve, for overseas contingency operations, as specified in 
     the funding tables in section 4302, and available for the 
     following operation and maintenance in the amounts specified:
       (1) Navy Reserve Readiness Ship Operations Support & 
     Training, $20,000,000.
       (2) Navy Reserve Sustainment, Restoration, and 
     Modernization, $5,800,000.
       (v) Increase in Authorization for OCO for O&M, Marine 
     Corps.--The amount authorized to be appropriated for fiscal 
     year 2017 for the Department of Defense by section 1505 for 
     operation and maintenance for overseas contingency operations 
     is hereby increased by $39,300,000, with the amount of the 
     increase to be allocated to operation and maintenance, Marine 
     Corps, for overseas contingency operations, as specified in 
     the funding tables in section 4302, and available for 
     operation and maintenance for Marine Corps Readiness Sustain, 
     Restoration, & Modernization in the amount of $39,300,000.
       (w) Increase in Authorization for OCO for O&M, Marine Corps 
     Reserve.--The amount authorized to be appropriated for fiscal 
     year 2017 for the Department of Defense by section 1505 for 
     operation and maintenance for overseas contingency operations 
     is hereby increased by $5,500,000, with the amount of the 
     increase to be allocated to operation and maintenance, Marine 
     Corps Reserve, for overseas contingency operations, as 
     specified in the funding tables in section 4302, and 
     available for operation and maintenance for Marine Corps 
     Reserve Sustain, Restoration and Modernization in the amount 
     of $5,500,000.
       (x) Increase in Authorization for OCO for O&M, Air Force.--
     The amount authorized to be appropriated for fiscal year 2017 
     for the Department of Defense by section 1505 for operation 
     and maintenance for overseas contingency operations is hereby 
     increased by $392,700,000, with the amount of the increase to 
     be allocated to operation and maintenance, Air Force, for 
     overseas contingency operations, as specified in the funding 
     tables in section 4302, and available for the following 
     operation and maintenance in the amounts specified:
       (1) Air Force Readiness Airlift Operations, $16,700,000.
       (2) Air Force Readiness Facilities Sustainment, Restoration 
     & Modernization, $157,700,000.
       (3) Contract Maintenance Shortfall A-10, $74,000,000.
       (4) Air Force Readiness Combatant Command Direct Mission 
     Support, $50,000,000.
       (5) Air Force Readiness Logistics Operations, $61,400,000.
       (6) Air Force Readiness Primary Combat Forces, $32,900,000.
       (y) Increase in Authorization for OCO for O&M, Air Force 
     Reserve.--The amount authorized to be appropriated for fiscal 
     year 2017 for the Department of Defense by section 1505 for 
     operation and maintenance for overseas contingency operations 
     is hereby increased by $11,700,000, with the amount of the 
     increase to be allocated to operation and maintenance, Air 
     Force Reserve, for overseas contingency operations, as 
     specified in the funding tables in section 4302, and 
     available for operation and maintenance for Air Force Reserve 
     Facilities Sustainment, Restoration & Modernization in the 
     amount of $11,700,000.
       (z) Increase in Authorization for OCO for O&M, Air National 
     Guard.--The amount authorized to be appropriated for fiscal 
     year 2017 for the Department of Defense by section 1505 for 
     operation and maintenance for overseas contingency operations 
     is hereby increased by $14,000,000, with the amount of the 
     increase to be allocated to operation and maintenance, Air 
     National Guard, for overseas contingency operations, as 
     specified in the funding tables in section 4302, and 
     available for operation and maintenance for Air Guard 
     Readiness Echelons Above Brigade 113 in the amount of 
     $14,000,000.
       (aa) Increase in Authorization for OCO for O&M, Defense-
     wide.--The amount authorized to be appropriated for fiscal 
     year 2017 for the Department of Defense by section 1505 for 
     operation and maintenance for overseas contingency operations 
     is hereby increased by $400,000,000, with the amount of the 
     increase to be allocated to operation and maintenance, 
     Defense-wide, for overseas contingency operations, as 
     specified in the funding tables in section 4302, and 
     available for the following operation and maintenance in the 
     amounts specified:
       (1) PGM stockpiling for partners and allies in Europe/
     Middle East, $200,000,000.
       (2) Stipends for Kurdish Peshmerga, $200,000,000.
       (bb) Increase in Authorization for OCO for Military 
     Personnel.--The amount authorized to be appropriated for 
     fiscal year 2017 for the Department of Defense by section 
     1506 for military personnel for overseas contingency 
     operations is hereby increased by $2,734,800,000, with the 
     amount of the increase to be allocated to military personnel 
     for overseas contingency operations, as specified in the 
     funding tables in section 4402, and available for military 
     personnel for purposes and in the amounts specified as 
     follows:
       (1) Active Army Endstrength to 475,000, $1,539,000,000.
       (2) Air Force Reserve endstrength increase 200, $6,000,000.
       (3) Air National Guard Endstrength increase 500, 
     $17,000,000.
       (4) Army National Guard endstrength increase 7,000, 
     $217,000,000.
       (5) Army Reserve endstrength increase 3,000, $73,000,000.
       (6) Increase Active Marine Endstrength to 185,000, 
     $300,000,000.
       (7) Increase Military Pay Raise to 2.1%, $300,000,000.
       (8) Navy Reserve endstrength increase 300, $10,000,000.
       (9) Restore 10th Air Wing Endstrength increase 1,167, 
     $46,500,000.
       (10) Restore 10th Air Wing Endstrength Medicare Eligible 
     Retirement Health Fund, $2,300,000.
       (11) Restore Cruisers increase 1,715, $67,000,000.
       (12) USAF Endstrength to 321,000, $145,000,000.

[[Page S3225]]

       (13) USMC Reserve endstrength increase 400, $12,000,000.
       (cc) Increase in Authorization for Afghanistan Security 
     Forces Fund.--The amount authorized to be appropriated for 
     fiscal year 2017 for the Department of Defense by this title 
     for overseas contingency operations is hereby increased by 
     $800,000,000, with the amount of the increase to be allocated 
     to the Afghanistan Security Forces Fund as specified in the 
     funding tables in division D, and available for purposes of 
     the Afghanistan Security Forces Fund in the amount of 
     $800,000,000.
       (dd) Increase in Authorization for Counter Islamic State in 
     Iraq and the Levant Fund.--The amount authorized to be 
     appropriated for fiscal year 2017 for the Department of 
     Defense by this title for overseas contingency operations is 
     hereby increased by $100,000,000, with the amount of the 
     increase to be allocated to the Counter Islamic State in Iraq 
     and the Levant Fund as specified in the funding tables in 
     division D, and available for the Counter Islamic State in 
     Iraq and the Levant Fund for Iraq Train and Equip Fund 
     (Mosul) in the amount of $100,000,000.
       (ee) Increase in Authorization for Ukraine Security 
     Assistance Initiative.--The amount authorized to be 
     appropriated for fiscal year 2017 for the Department of 
     Defense by this title for overseas contingency operations is 
     hereby increased by $150,000,000, with the amount of the 
     increase to be allocated to the Ukraine Security Assistance 
     Initiative as specified in the funding tables in division D, 
     and available for purposes of the Ukraine Security Assistance 
     Initiative in the amount of $150,000,000.
       (ff) Increase in Authorization for OCO for Army Military 
     Construction.--
       (1) Military construction projects inside the united 
     states.--The amount authorized to be appropriated under 
     section 2903 and available for Army military construction 
     projects as specified in the funding table in section 4602 is 
     increased by $29,900,000, with the amount of such increase to 
     be allocated as follows:
       (A) $23,000,000 for a Vehicle Maintenance Shop, Fort 
     Belvoir, Virginia.
       (B) $6,900,000 for a Fire Station, Fort Leonard Wood, 
     Missouri.
       (2) Family housing.--The amount authorized to be 
     appropriated under section 2903 and available for Army 
     military family housing functions as specified in the funding 
     table in section 4602 is increased by $14,400,000, with the 
     amount of such increase to be allocated to Family Housing 
     Replacement, Natick, Massachusetts.
       (gg) Increase in Authorization for OCO for Navy Military 
     Construction.--The amount authorized to be appropriated under 
     section 2903 and available for Navy military construction 
     projects as specified in the funding table in section 4602 is 
     increased by $143,000,000, with the amount of such increase 
     to be allocated as follows:
       (1) $108,300,000 to cover funding shortfalls, various 
     locations.
       (2) $34,700,000 for a Communications Complex and 
     Infrastructure Upgrades, Miramar, California.
       (hh) Increase in Authorization for OCO for Air Force 
     Military Construction.--The amount authorized to be 
     appropriated under section 2903 and available for military 
     construction projects inside the United States as specified 
     in the funding table in section 4602 is increased by 
     $119,465,000, with the amount of such increase to be 
     allocated as follows:
       (1) $17,000,000 for a Fire and Rescue Station, Joint Base 
     Charleston, South Carolina.
       (2) $10,965,000 for the Vandenberg Gate Complex, Hanscom 
     Air Force Base, Massachusetts.
       (3) $35,000,000 for Dormitories, Eglin Air Force Base, 
     Florida.
       (4) $41,000,000 for a Consolidated Communications Facility, 
     Scott Air Force Base, Illinois.
       (5) $15,500,000 for Judge Advocate General's School 
     Expansion, Maxwell Air Force Base, Alabama.
       (ii) Increase in Authorization for OCO for Air National 
     Guard Military Construction.--The amount authorized to be 
     appropriated under section 2903 and available for the 
     National Guard and Reserve as specified in the funding table 
     in section 4602 is increased by $11,000,000, with the amount 
     of such increase to be allocated as follows:
       (1) $6,000,000 for an Indoor Small Arms Range, Toledo 
     Airport, Ohio.
       (2) $5,000,000 for a Munitions Load Crew Training/Corrosion 
     Control Facility, Andrews Air Force Base, Maryland.
                                 ______
                                 
  SA 4230. Mr. ROUNDS (for Mr. Schatz) proposed an amendment to the 
resolution S. Res. 416, recognizing the contributions of Hawaii to the 
culinary heritage of the United States and designating the week 
beginning on June 12, 2016, as ``National Hawaiian Food Week''; as 
follows:

       Strike the preamble and insert the following:
       Whereas when individuals first came to the Hawaiian islands 
     more than 1,500 years ago, there was little to eat other than 
     birds and a few species of ferns, but the individuals found 
     rich volcanic soil, a year-round growing season, and abundant 
     fisheries;
       Whereas the history of Hawaii is inextricably linked with--
       (1) foods brought to the Hawaiian islands by the first 
     individuals who came to Hawaii and successive waves of 
     voyagers to the Hawaiian islands;
       (2) the agricultural and ranching potential of the land of 
     Hawaii; and
       (3) the readily available seafood from the ocean and coasts 
     of Hawaii;
       Whereas the food cultures initially brought to Hawaii came 
     from places including French Polynesia, China, Japan, 
     Portugal, North Korea, South Korea, the Philippines, Puerto 
     Rico, and Samoa;
       Whereas the foods first brought to Hawaii were simple, 
     hearty fare of working men and women that reminded the men 
     and women of their distant homes;
       Whereas individuals in Hawaii, in the spirit of Aloha, 
     shared favorite dishes with each other, and as a result, the 
     individuals began to appreciate new tastes and learned how to 
     bring new ideas into their cooking;
       Whereas the blend of styles in Hawaiian cooking evolves as 
     new groups of individuals make Hawaii their home;
       Whereas the fusion of dishes from around the world creates 
     a unique cuisine for Hawaii that is as much a part of a visit 
     to Hawaii as the welcoming climate, friendly individuals, and 
     beautiful beaches in Hawaii;
       Whereas the food of Hawaii is appealing because it came 
     from hard-working communities of individuals that farmed, 
     fished, or ranched for their livelihoods, which are core 
     experiences of individuals throughout the United States; and
       Whereas the growing appreciation for the food of Hawaii 
     comes from hard-working and ingenious farmers, fishers, 
     educators, ranchers, chefs, and businesses that innovate and 
     export the taste of Hawaii all over the world: Now, 
     therefore, be it
                                 ______
                                 
  SA 4231. 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. DEFENSE AND SECURITY COOPERATION WITH INDIA.

       (a) Authorization of Defense Transactions.--The Secretary 
     of Defense, in coordination with the Secretary of State and 
     the Secretary of Commerce, shall ensure that the 
     authorization of any proposed sale or export of defense 
     articles, defense services, or technical data to India is 
     treated in a manner similar to that of the United States' 
     closest partners and allies, which include NATO members, 
     Australia, Japan, the Republic of Korea, Israel, and New 
     Zealand.
       (b) Defense Trade Facilitation.--
       (1) In general.--The President shall endeavor to further 
     align laws, regulations, and systems within India and the 
     United States for the facilitation of defense trade and the 
     protection of mutual security interests.
       (2) Facilitation plan.--The President shall develop a plan 
     for such facilitation and coordination efforts that 
     identifies key priorities, any impediments, and the timeline 
     for such efforts.
       (3) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the President shall submit to Congress 
     a report detailing this coordination plan.
                                 ______
                                 
  SA 4232. Mr. HELLER 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 III, add the following:

     SEC. 341. ACCESS TO WIRELESS HIGH-SPEED INTERNET AND NETWORK 
                   CONNECTIONS FOR CERTAIN MEMBERS OF THE ARMED 
                   FORCES DEPLOYED OVERSEAS.

       Consistent with section 2492a of title 10, United States 
     Code, the Secretary of Defense is encouraged to enter into 
     contracts with third-party vendors in order to provide 
     members of the Armed Forces who are deployed overseas at any 
     United States military facility, at which wireless high-speed 
     Internet and network connections are otherwise available, 
     with access to such Internet and network connections without 
     charge.
                                 ______
                                 
  SA 4233. Mr. HELLER 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:

[[Page S3226]]

  


     SEC. 565. REPORT AND GUIDANCE ON JOB TRAINING, EMPLOYMENT 
                   SKILLS TRAINING, APPRENTICESHIPS, AND 
                   INTERNSHIPS AND SKILLBRIDGE INITIATIVES FOR 
                   MEMBERS OF THE ARMED FORCES WHO ARE BEING 
                   SEPARATED.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Under Secretary of Defense 
     for Personnel and Readiness shall submit to the Committees on 
     Armed Services of the Senate and the House of 
     Representatives, and make available to the public, a report 
     evaluating the success of the Job Training, Employment Skills 
     Training, Apprenticeships, and Internships (known as JTEST-
     AI) and SkillBridge initiatives, under which civilian 
     businesses and companies make available to members of the 
     Armed Forces who are being separated from the Armed Forces 
     training or internship opportunities that offer a high 
     probability of employment for the members after their 
     separation.
       (b) Elements.--In preparing the report required by 
     subsection (a), the Under Secretary shall use the 
     effectiveness metrics described in Enclosure 5 of Department 
     of Defense Instruction No. 1322.29. The report shall include 
     the following:
       (1) An assessment of the successes of the Job Training, 
     Employment Skills Training, Apprenticeships, and Internships 
     and SkillBridge initiatives.
       (2) Recommendations by the Under Secretary on ways in which 
     the administration of the initiatives could be improved.
       (3) Recommendations by civilian companies participating in 
     the initiatives on ways in which the administration of the 
     initiatives could be improved.
       (4) Testimony from a sample of members of the Armed Forces 
     who are participating in each of the initiatives regarding 
     the effectiveness of such initiatives and the members' 
     support for such initiatives.
       (5) Testimony from a sample of recently separated members 
     of the Armed Forces who participated in each of the 
     initiatives regarding the effectiveness of such initiatives 
     and the members' support for such initiatives.
       (c) Issuance of Guidance.--Not later than 180 days after 
     the submittal of the report required by subsection (a), the 
     Under Secretary shall issue guidance to commanders of units 
     of the Armed Forces for the purpose of encouraging 
     commanders, consistent with unit readiness, to permit members 
     of the Armed Forces under their command who are being 
     separated from the Armed Forces to participate in the Job 
     Training, Employment Skills Training, Apprenticeships, and 
     Internships or SkillBridge initiative.
                                 ______
                                 
  SA 4234. Mr. HELLER 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. REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE IN 
                   ESTABLISHING AND IMPLEMENTING PROCESS BY WHICH 
                   MEMBERS OF THE ARMED FORCES MAY CARRY 
                   APPROPRIATE FIREARMS ON MILITARY INSTALLATIONS.

       (a) Report Required.--The Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report setting forth a description 
     and assessment of the progress of the Department of Defense 
     in establishing and implementing a process by which members 
     of the Armed Forces may carry appropriate firearms on 
     military installations as required by section 526 of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92; 129 Stat. 813; 10 U.S.C. 2672 note).
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the process established pursuant to 
     section 526 of the National Defense Authorization Act for 
     Fiscal Year 2016.
       (2) A description and assessment of the implementation of 
     that process at military installations, including a list of 
     the military installations at which that process has been 
     implemented.
                                 ______
                                 
  SA 4235. Mr. HELLER (for himself 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 C of title VI, add the following:

     SEC. 623. TRANSPORTATION ON MILITARY AIRCRAFT ON A SPACE-
                   AVAILABLE BASIS FOR MEMBERS AND FORMER MEMBERS 
                   OF THE ARMED FORCES WITH DISABILITIES RATED AS 
                   TOTAL.

       (a) Availability of Transportation.--Section 2641b of title 
     10, United States Code, is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Special Priority for Certain Disabled Veterans.--(1) 
     The Secretary of Defense shall provide transportation on 
     scheduled and unscheduled military flights within the 
     continental United States and on scheduled overseas flights 
     operated by the Air Mobility Command on a space-available 
     basis for any member or former member of the armed forces 
     with a disability rated as total on the same basis as such 
     transportation is provided to members of the armed forces 
     entitled to retired or retainer pay.
       ``(2) The transportation priority required by paragraph (1) 
     for veterans described in such paragraph applies whether or 
     not the Secretary establishes the travel program authorized 
     by this section.
       ``(3) In this subsection, the term `disability rated as 
     total' has the meanings given that term in section 1414(e)(3) 
     of this title.''.
       (b) Effective Date.--Subsection (f) of section 2641b of 
     title 10, United States Code, as added by subsection (a), 
     shall take effect at the end of the 90-day period beginning 
     on the date of the enactment of this Act.
                                 ______
                                 
  SA 4236. Mr. PORTMAN (for himself and 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 H of title X, add the following:

     SEC. 1085. REPORT ON PRIORITIES FOR BED DOWNS, BASING 
                   CRITERIA, AND SPECIAL MISSION UNITS FOR C-130J 
                   AIRCRAFT OF THE AIR FORCE.

       (a) Sense of Senate.--It is the sense of the Senate that--
       (1) the Air Force Reserve Command contributes unique 
     capabilities to the total force, including all the weather 
     reconnaissance and aerial spray capabilities, and 25 percent 
     of the Modular Airborne Firefighting System capabilities, of 
     the Air Force; and
       (2) special mission units of the Air Force Reserve Command 
     currently operate aging aircraft, which jeopardizes future 
     mission readiness and operational capabilities.
       (b) Report on Priorities for C-130J Bed Downs, Basing 
     Criteria, and Special Mission Units.--Not later than February 
     1, 2017, the Secretary of the Air Force shall submit to the 
     congressional defense committees a report on the following:
       (1) The overall prioritization scheme of the Air Force for 
     future C-130J aircraft unit bed downs.
       (2) The strategic basing criteria of the Air Force for C-
     130J aircraft unit conversions.
       (3) The unit conversion priorities for special mission 
     units of the Air Force Reserve Command, the Air National 
     Guard, and the regular Air Force, and the manner which 
     considerations such as age of airframes factor into such 
     priorities.
       (4) Such other information relating to C-130J aircraft unit 
     conversions and bed downs as the Secretary considers 
     appropriate.

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