[Congressional Record Volume 162, Number 88 (Monday, June 6, 2016)]
[Senate]
[Pages S3416-S3469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4372. 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 subtitle B of title IX, add the following:

     SEC. 926. REPORT ON SERVICE-COMMON SUPPORT AND ENABLING 
                   CAPABILITIES CONTRIBUTED BY THE ARMED FORCES TO 
                   UNITED STATES SPECIAL OPERATIONS FORCES.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a written 
     report on service-common support and enabling capabilities 
     contributed by each of the Armed Forces to special operations 
     forces.
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) A definition of the terms ``service-common'' and 
     ``special operations-peculiar''.
       (B) A description of the factors and process used by the 
     Department of Defense to determine whether combat support, 
     combat service support, base operating support, and enabling 
     capabilities are service-common or special operations-
     peculiar.
       (C) A detailed accounting of the resources allocated by 
     each Armed Force to provide combat support, combat service 
     support, base operating support, and enabling capabilities 
     for special operations forces.
       (D) An identification of any change in the level or type of 
     service-common support and enabling capabilities provided by 
     each of the Armed Forces to special operations forces in 
     fiscal year 2017 when compared with fiscal year 2016, 
     including the rationale for any such change and any 
     mitigating actions.
       (E) An assessment of the specific effects that the budget 
     of the President for fiscal year 2017 (as submitted to 
     Congress pursuant to section 1105 of title 31, United States 
     Code), and any anticipated future manpower and force 
     structure changes, are likely to have on the ability of each 
     of the Armed Forces to provide service-common support and 
     enabling capabilities to special operations forces.
       (F) Any other matters the Secretary considers appropriate.

[[Page S3417]]

       (b) Annual Updates.--For each of fiscal years 2018 through 
     2020, the Secretary shall submit to the congressional defense 
     committees an update of the report under subsection (a) at 
     the same time as the budget of the President for such fiscal 
     year is submitted to Congress pursuant to section 1105 of 
     title 31, United States Code.
       (c) Form.--The report under subsection (a) and each update 
     under subsection (b) shall be submitted in unclassified form, 
     but may include a classified annex.
                                 ______
                                 
  SA 4373. Mr. MARKEY (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 221. MICRO-PURCHASE THRESHOLD FOR UNIVERSITIES, 
                   INDEPENDENT RESEARCH INSTITUTES, AND NON-PROFIT 
                   RESEARCH ORGANIZATIONS.

       Section 1902 of title 41, United States Code, is amended--
       (1) in subsection (a), as amended by section 215(b)--
       (A) by inserting ``(1)'' before ``Except as provided'';
       (B) by inserting ``and paragraph (2)'' after ``section 2338 
     of title 10''; and
       (C) by adding at the end the following new paragraph:
       ``(2) For purposes of this section, the micro-purchase 
     threshold for procurement activities administered under 
     sections 6303 through 6305 of title 31, United States Code, 
     by institutions of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)), or related or affiliated nonprofit entities, or by 
     nonprofit research organizations or independent research 
     institutes is--
       ``(A) $10,000; or
       ``(B) such higher threshold as determined appropriate by 
     the head of the relevant executive agency and consistent with 
     clean audit findings under chapter 75 of title 31, United 
     States Code, internal institutional risk assessment, or State 
     law.''; and
       (2) in subsections (d) and (e), by striking ``not greater 
     than $3,000'' and inserting ``with a price not greater than 
     the micro-purchase threshold''.
                                 ______
                                 
  SA 4374. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 597. MILITARY APPRENTICESHIP PROGRAMS.

       (a) Promotion Required.--The Secretary of Defense shall, in 
     consultation with the Secretary of Labor, promote the 
     enhancement and implementation of military apprenticeship 
     programs that provide an opportunity for members of the Armed 
     Forces to improve their job skills and obtain certificates of 
     completion for registered apprenticeship programs while on 
     active duty. The Secretary of Defense also shall promote 
     connections between military training, education, and 
     transition activities and registered apprenticeship programs 
     in order to improve employment outcomes for veterans and help 
     ready-to-hire employers connect to this skilled workforce.
       (b) Voluntary Goals.--In carrying out subsection (a), the 
     Secretary of Defense shall establish voluntary goals for each 
     Armed Force relating to--
       (1) the number of members participating in activities 
     relating to registered apprenticeships prior to separation 
     from active duty;
       (2) the establishment of partnerships with registered 
     apprenticeship programs through the United Services Military 
     Apprenticeship Program, Skill Bridge programs, Transition 
     Assistance Program, tuition assistance programs, and other 
     appropriate mechanisms; and
       (3) the number of veterans entering registered 
     apprenticeship programs upon separation from active duty.
       (c) Biennial Report.--Not later than two years after the 
     date of the enactment of this Act, and every two years 
     thereafter, the Secretary of Defense shall submit to the 
     appropriate committees of Congress a report describing the 
     activities undertaken pursuant to this section during the 
     two-year period ending on the date of such report, including 
     a description and assessment of the progress made in 
     achieving the voluntary goals established under subsection 
     (b).
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Health, Education, Labor, and Pensions of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Education and the Workforce of the House of Representatives.
                                 ______
                                 
  SA 4375. Mrs. ERNST (for herself, Mr. Durbin, Mr. Grassley, Mr. Kirk, 
and Mrs. Gillibrand) submitted an amendment intended to be proposed by 
her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2814. ARSENAL INSTALLATION REUTILIZATION AUTHORITY.

       (a) Modified Authority.--In the case of a military 
     manufacturing arsenal, the Secretary concerned may authorize 
     leases and contracts under section 2667 of title 10, United 
     States Code, for a term of up to 25 years, notwithstanding 
     subsection (b)(1) of such section, if the Secretary 
     determines that a lease or contract of that duration will 
     promote the national defense or be in the public interest for 
     the purpose of--
       (1) helping to maintain the viability of the military 
     manufacturing arsenal and any military installations on which 
     it is located;
       (2) eliminating, or at least reducing, the cost of 
     Government ownership of the military manufacturing arsenal, 
     including the costs of operations and maintenance, the costs 
     of environmental remediation, and other costs; and
       (3) leveraging private investment at the military 
     manufacturing arsenal through long-term facility use 
     contracts, property management contracts, leases, or other 
     agreements that support and advance the preceding purposes.
       (b) Delegation.--The Secretary concerned may delegate the 
     authority provided by this section to the commander of the 
     major subordinate command of the Army that has responsibility 
     for the military manufacturing arsenal or, if part of a 
     larger military installation, the installation as a whole. 
     The commander may approve such an arrangement on a case-by-
     case basis or a class basis.
       (c) Military Manufacturing Arsenal Defined.--In this 
     section, the term ``military manufacturing arsenal'' means a 
     Government-owned, Government-operated defense plant of the 
     Department of the Defense that manufactures weapons, weapon 
     components, or both.
       (d) Sunset.--The authority under this section shall 
     terminate at the close of September 30, 2019.
                                 ______
                                 
  SA 4376. 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:

       Strike section 215.
       On page 476, line 6, strike ``is amended'' and insert ``, 
     as amended by section 811(b)(1), is further amended''.
       On page 476, strike lines 8 through the matter following 
     line 14 and insert the following:

     ``Sec. 2339. Micro-purchase threshold

       ``Notwithstanding subsection (a) of section 1902 of title 
     41, the micro-purchase threshold for the Department of 
     Defense for purposes of such section is $5,000, except that 
     for purposes of basic research programs and for the 
     activities of the Department of Defense science and 
     technology reinvention laboratories, the micro-purchase 
     threshold for the Department for purposes of such section is 
     $10,000.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter, as amended by section 811(b)(2), 
     is further amended by adding at the end the following new 
     item:

``2339. Micro-purchase threshold.''.

       On page 484, line 22, strike ``is amended'' and insert ``as 
     amended by section 812(a)(1), is further amended''.
       On page 485, line 1, strike ``2338'' and insert ``2340''.
       On page 490, line 7, strike ``is amended'' and insert ``, 
     as amended by section 812(a)(2), is further amended''.
       On page 490, strike the matter following line 8 and insert 
     the following:

``2340. Comprehensive small business contracting plans.''.

       On page 492, line 9, strike ``is amended'' and insert ``as 
     amended by section 818(a)(1), is further amended''.
       On page 492, line 11, strike ``2338'' and insert ``2341''.
       On page 495, line 2, strike ``is amended'' and insert ``, 
     as amended by section 818(a)(2), is further amended''.
       On page 495, strike the matter following line 3 and insert 
     the following:

``2341. Government Accountability Office bid protests.''.

       On page 508, strike lines 10 through 20 and insert the 
     following:
       Section 2332 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:

[[Page S3418]]

       ``(e) Training.--Not later than 180 days after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2017, the Defense Acquisition University shall 
     develop and implement a training program for Department of 
     Defense acquisition personnel on share-in-savings contracts 
     and other contracts to achieve similar goals.''.
       On page 509, line 7, strike ``is amended'' and insert ``as 
     amended by section 821(a), is further amended''.
       On page 509, line 9, strike ``2338'' and insert ``2342''.
       On page 511, line 16, strike ``is amended'' and insert ``as 
     amended by section 821(b), is further amended''.
       On page 511, strike the matter following line 17 and insert 
     the following:

``2342. Special emergency procurement authority.''.

       On page 519, line 6, strike ``For purposes'' and insert 
     ``Except as provided in paragraph (2), for purposes''.
       On page 521, line 9, strike ``(2) Recommendations.--'' and 
     insert the following:
       (2) Exception.--The limitation under paragraph (1) does not 
     apply to contracts with the Central Nonprofit Agency 
     designated to serve agencies for the blind pursuant to 
     section 8503(C) of title 41, United States Code, National 
     Industries for the Blind, or to a qualified nonprofit agency 
     for the blind, as that term is defined in section 8501(7) of 
     title 41, United States Code.
       (3) Recommendations.--
       On page 529, strike lines 12 through 15 and insert the 
     following:
       (c) Conforming Amendments.--(1) Section 2334(a) of title 
     10, United States Code, is amended--
       (A) in paragraph (2), by striking ``or a major automated 
     information system under chapter 144A of this title''; and
       (B) in paragraph (6)--
       (i) in clause (ii), by striking the semicolon and inserting 
     ``; and''; and
       (ii) by striking clause (iv).
       (2) Section 1706(c)(2) of title 10, United States Code, is 
     amended by striking ``has the meaning given such term in 
     section 2445a of this title.'' and inserting the following: 
     ``means a Department of Defense program for the acquisition 
     of an automated information system (either as a product or a 
     service) if--
       ``(A) the program is designated by the Secretary of 
     Defense, or a designee of the Secretary, as a major automated 
     information system program; or
       ``(B) the dollar value of the program is estimated to 
     exceed--
       ``(i) $ 32,000,000 in fiscal year 2000 constant dollars for 
     all program costs in a single fiscal year;
       ``(ii) $ 126,000,000 in fiscal year 2000 constant dollars 
     for all program acquisition costs for the entire program; or
       ``(iii) $ 378,000,000 in fiscal year 2000 constant dollars 
     for the total life-cycle costs of the program (including 
     operation and maintenance costs).''.
       (3) Section 2505(b)(6) of title 10, United States Code, is 
     amended by striking ``as defined in section 2445a'' and 
     inserting ``as defined in section 1706(c)(2)''.
       On page 541, line 16, strike ``is amended'' and insert ``as 
     amended by section 829B(a), is further amended''.
       On page 541, line 18, strike ``2338'' and insert ``2343''.
       On page 542, line 20, strike ``is amended'' and insert ``, 
     as amended by section 829B(b), is further amended''.
       On page 542, strike the matter following line 21 and insert 
     the following:

``2343. Counting of major defense acquisition program subcontracts 
              toward small business goals.''.

       On page 585, lines 2 and 3, strike ``technical'' and insert 
     ``technology''.
       On page 585, line 8, strike ``Technical'' and insert 
     ``Technology''.
       On page 585, line 12, strike ``Technical'' and insert 
     ``Technology''.
       On page 585, line 23, strike ``Technical'' and insert 
     ``Technology''.
       On page 586, line 1, strike ``Technical'' and insert 
     ``Technology''.
       On page 586, line 8, strike ``Technical'' and insert 
     ``Technology''.
       On page 587, line 11, strike ``Technical'' and insert 
     ``Technology''.
       On page 599, line 20, strike ``is amended'' and insert ``as 
     amended by section 838(a), is further amended''.
       On page 599, line 22, strike ``2338'' and insert ``2344''.
       On page 600, line 13, strike ``is amended'' and insert ``, 
     as amended by section 838(b), is further amended''.
       On page 600, strike the matter following line 14 and insert 
     the following:

``2344. Clarification of treatment of contracts performed outside the 
              United States.''.

       On page 605, line 12, strike ``is amended'' and insert ``as 
     amended by section 884(a), is further amended''.
       On page 605, line 14, strike ``2338'' and insert ``2345''.
       On page 606, line 22, strike ``not'' and insert ``only''.
       On page 610, line 6, strike ``is amended'' and insert ``, 
     as amended by section 884(b), is further amended''.
       On page 610, strike the matter following line 7 and insert 
     the following:

``2345. Contractor business system requirements.''.

       On page 614, strike lines 1 and 2 and insert the following:

     SEC. 894. ADDITIONAL DUTIES OF THE DIRECTOR OF OPERATIONAL 
                   TEST AND EVALUATION.

       On page 1018, strike line 13 and all that follows through 
     ``(e)'' on line 24 and insert ``(d)''.
       On page 1064, line 23, strike ``conducting'' and insert 
     ``building the capacity of such country or countries to 
     conduct''.
       On page 1129, line 20, insert ``available'' before 
     ``unobligated''.
                                 ______
                                 
  SA 4377. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1613. SENSE OF CONGRESS ON PROCUREMENT OF VEHICLES FOR 
                   THE EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM.

       It is the sense of Congress that the Secretary of the Air 
     Force should assess whether there could be benefits from 
     maintaining three providers of vehicles for the evolved 
     expendable launch vehicle program for next-generation launch 
     to mitigate risk in the program and to increase competition 
     in and lower the cost of the program.
                                 ______
                                 
  SA 4378. 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 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 4379. Mr. CORKER 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 sections 2701 and 2702 and insert the following:

              Subtitle A--Authorization of Appropriations

     SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE 
                   REALIGNMENT AND CLOSURE ACTIVITIES FUNDED 
                   THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE 
                   ACCOUNT.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2016, for base 
     realignment and closure activities, including real property 
     acquisition and military construction projects, as authorized 
     by the Defense Base Closure and Realignment Act of 1990 (part 
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
     and funded through the Department of Defense Base Closure 
     Account established by section 2906 of such Act (as amended 
     by section 2711 of the Military Construction Authorization 
     Act for Fiscal Year 2013 (division B of Public Law 112-239; 
     126 Stat. 2140)), as specified in the funding table in 
     section 4601.

            Subtitle B--Defense Base Closure and Realignment

     SEC. 2711. SHORT TITLE; PURPOSE.

       (a) Short Title.--This subtitle may be cited as the 
     ``Defense Base Closure and Realignment Act of 2016''.
       (b) Purpose.--The purpose of this subtitle is to provide a 
     fair process that will result in

[[Page S3419]]

     the timely closure and realignment of military installations 
     in the United States.

     SEC. 2712. THE COMMISSION.

       (a) Establishment.--There is established an independent 
     commission to be known as the ``Defense Base Closure and 
     Realignment Commission''.
       (b) Duties.--The Commission shall carry out the duties 
     specified for the Commission in this subtitle.
       (c) Appointment.--(1)(A) The Commission shall be composed 
     of nine members appointed by the President, by and with the 
     advice and consent of the Senate.
       (B) Subject to the certifications required under section 
     2713(b), the President may commence a round for the selection 
     of military installations for closure and realignment under 
     this subtitle in 2019 by transmitting to the Senate 
     nominations for appointment to the Commission by not later 
     than February 1, 2019.
       (C) If the President does not transmit to Congress the 
     nominations for appointment to the Commission on or before 
     February 1, 2019, the process by which military installations 
     may be selected for closure or realignment under this 
     subtitle shall be terminated.
       (2) In selecting individuals for nominations for 
     appointments to the Commission, the President should consult 
     with--
       (A) the Speaker of the House of Representatives concerning 
     the appointment of two members;
       (B) the majority leader of the Senate concerning the 
     appointment of two members;
       (C) the minority leader of the House of Representatives 
     concerning the appointment of one member; and
       (D) the minority leader of the Senate concerning the 
     appointment of one member.
       (3) At the time the President nominates individuals for 
     appointment to the Commission, the President shall designate 
     one such individual who shall serve as Chairman of the 
     Commission.
       (d) Terms.--(1) Except as provided in paragraph (2), each 
     member of the Commission shall serve until December 31, 2019.
       (2) The Chairman of the Commission shall serve until the 
     confirmation of a successor.
       (e) Meetings.--(1) The Commission shall meet only during 
     calendar year 2019.
       (2)(A) Each meeting of the Commission, other than meetings 
     in which classified information is to be discussed, shall be 
     open to the public.
       (B) All the proceedings, information, and deliberations of 
     the Commission shall be open, upon request, to the following:
       (i) The Chairman and the ranking minority party member of 
     the Subcommittee on Readiness and Management Support of the 
     Committee on Armed Services of the Senate, or such other 
     members of the Subcommittee designated by such Chairman or 
     ranking minority party member.
       (ii) The Chairman and the ranking minority party member of 
     the Subcommittee on Readiness of the Committee on Armed 
     Services of the House of Representatives, or such other 
     members of the Subcommittee designated by such Chairman or 
     ranking minority party member.
       (iii) The Chairmen and ranking minority party members of 
     the subcommittees with jurisdiction for military construction 
     of the Committees on Appropriations of the Senate and of the 
     House of Representatives, or such other members of the 
     subcommittees designated by such Chairmen or ranking minority 
     party members.
       (iv) The Chairmen and ranking minority party members of the 
     Subcommittees on Defense of the Committees on Appropriations 
     of the Senate and the House of Representatives, or such other 
     members of the subcommittees designated by such Chairmen or 
     ranking minority party members.
       (C) A member of the Commission shall be recused from 
     consideration of matters before the Commission in accordance 
     with section 208 of title 18, United States Code. A member of 
     the Commission shall not participate in the deliberations on, 
     or vote regarding any matter from which the member is 
     recused.
       (f) Vacancies.--A vacancy in the Commission shall be filled 
     in the same manner as the original appointment, but the 
     individual appointed to fill the vacancy shall serve only for 
     the unexpired portion of the term for which the individual's 
     predecessor was appointed.
       (g) Pay and Travel Expenses.--(1)(A) Each member, other 
     than the Chairman, shall be paid at a rate equal to the daily 
     equivalent of the minimum annual rate of basic pay payable 
     for level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code, for each day (including travel 
     time) during which the member is engaged in the actual 
     performance of duties vested in the Commission.
       (B) The Chairman shall be paid for each day referred to in 
     subparagraph (A) at a rate equal to the daily equivalent of 
     the minimum annual rate of basic pay payable for level III of 
     the Executive Schedule under section 5314, of title 5, United 
     States Code.
       (2) Members shall receive travel expenses, including per 
     diem in lieu of subsistence, in accordance with sections 5702 
     and 5703 of title 5, United States Code.
       (h) Director of Staff.--(1) The Commission shall, without 
     regard to section 5311 of title 5, United States Code, 
     appoint a Director who has not served on active duty in the 
     Armed Forces or as a civilian employee of the Department of 
     Defense during the one-year period preceding the date of such 
     appointment.
       (2) The Director shall be paid at the rate of basic pay 
     payable for level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (i) Staff.--(1) Subject to paragraphs (2) and (3), the 
     Director, with the approval of the Commission, may appoint 
     and fix the pay of additional personnel.
       (2) The Director may make such appointments without regard 
     to the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and any personnel so 
     appointed may be paid without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of that title 
     relating to classification and General Schedule pay rates, 
     except that an individual so appointed may not receive pay in 
     excess of the annual rate of basic pay payable for GS-15 of 
     the General Schedule.
       (3)(A) Not more than one-third of the personnel employed by 
     or detailed to the Commission may be on detail from the 
     Department of Defense.
       (B)(i) Not more than one-fifth of the professional analysts 
     of the Commission staff may be persons detailed from the 
     Department of Defense to the Commission.
       (ii) No person detailed from the Department of Defense to 
     the Commission may be assigned as the lead professional 
     analyst with respect to a military department or defense 
     agency.
       (C) A person may not be detailed from the Department of 
     Defense to the Commission if, within one year before the 
     detail is to begin, that person participated personally and 
     substantially in any matter within the Department of Defense 
     concerning the preparation of recommendations for closures or 
     realignments of military installations.
       (D) No member of the Armed Forces, and no officer or 
     employee of the Department of Defense, may--
       (i) prepare any report concerning the effectiveness, 
     fitness, or efficiency of the performance on the staff of the 
     Commission of any person detailed from the Department of 
     Defense to that staff;
       (ii) review the preparation of such a report; or
       (iii) approve or disapprove such a report.
       (4) Upon request of the Director, the head of any Federal 
     agency may detail any of the personnel of that agency to the 
     Commission to assist the Commission in carrying out its 
     duties under this subtitle.
       (5) The Comptroller General of the United States shall 
     provide assistance, including the detailing of employees, to 
     the Commission in accordance with an agreement entered into 
     with the Commission.
       (6) Not later than April 1, 2019, the Chairman of the 
     Commission shall certify to the congressional defense 
     committees regarding whether the Commission and its staff 
     have adequate capacity to review the recommendations to be 
     submitted by the Secretary of Defense pursuant to section 
     2713.
       (7) The following restrictions relating to the personnel of 
     the Commission shall apply during the period beginning on 
     January 1, 2020, and ending on April 15, 2020:
       (A) There may not be more than 15 persons on the staff at 
     any one time.
       (B) The staff may perform only such functions as are 
     necessary--
       (i) to prepare for the termination of the Commission; and
       (ii) to transfer all records of the Commission to the 
     Secretary of Defense or national archives.
       (C) No member of the Armed Forces and no employee of the 
     Department of Defense may serve on the staff.
       (j) Other Authority.--(1) The Commission may procure by 
     contract, to the extent funds are available, the temporary or 
     intermittent services of experts or consultants pursuant to 
     section 3109 of title 5, United States Code.
       (2) The Commission may lease space and acquire personal 
     property to the extent funds are available.
       (k) Funding.--(1) There are authorized to be appropriated 
     to the Commission such funds as are necessary to carry out 
     its duties under this subtitle. Such funds shall remain 
     available until expended.
       (2) If no funds are appropriated to the Commission by the 
     end of the second session of the 115th Congress, the 
     Secretary of Defense may transfer to the Commission for 
     purposes of its activities under this subtitle such funds as 
     the Commission may require to carry out such activities. The 
     Secretary may transfer funds under the preceding sentence 
     from any funds available to the Secretary. Funds so 
     transferred shall remain available to the Commission for such 
     purposes until expended.
       (l) Termination.--The Commission shall terminate on April 
     15, 2020.
       (m) Prohibition Against Restricting Communications.--
     Section 1034 of title 10, United States Code, shall apply 
     with respect to communications with the Commission.

     SEC. 2713. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE 
                   CLOSURES AND REALIGNMENTS.

       (a) Force-structure Plan and Infrastructure Inventory.--(1) 
     As part of the budget justification documents submitted to 
     Congress in support of the budget for the Department of 
     Defense for fiscal year 2019, the Secretary shall submit to 
     Congress the following:
       (A) A force-structure plan for the Armed Forces based on an 
     assessment by the Secretary of the probable threats to the 
     national security during the 20-year period beginning with 
     that fiscal year, the probable end-strength levels and major 
     military force

[[Page S3420]]

     units (including land force divisions, carrier and other 
     major combatant vessels, air wings, and other comparable 
     units) needed to meet those threats, and the anticipated 
     levels of funding that will be available for national defense 
     purposes during such period.
       (B) A comprehensive inventory of military installations 
     world-wide for each military department, with specifications 
     of the number and type of facilities in the active and 
     reserve forces of each military department.
       (2) Using the force-structure plan and infrastructure 
     inventory prepared under paragraph (1), the Secretary shall 
     prepare (and include as part of the submission of such plan 
     and inventory) the following:
       (A) A description of the infrastructure necessary to 
     support the force structure described in the force-structure 
     plan.
       (B) A discussion of categories of excess infrastructure and 
     infrastructure capacity.
       (C) An economic analysis of the effect of the closure or 
     realignment of military installations to reduce excess 
     infrastructure.
       (3) In determining the level of necessary versus excess 
     infrastructure under paragraph (2), the Secretary shall 
     consider the following:
       (A) The anticipated continuing need for and availability of 
     military installations outside the United States, taking into 
     account current restrictions on the use of military 
     installations outside the United States and the potential for 
     future prohibitions or restrictions on the use of such 
     military installations.
       (B) Any efficiencies that may be gained from joint tenancy 
     by more than one branch of the Armed Forces at a military 
     installation.
       (4) The Secretary may revise the force-structure plan and 
     infrastructure inventory prepared under paragraph (1). If the 
     Secretary makes such a revision, the Secretary shall submit 
     the revised plan or inventory to Congress not later than 
     February 15, 2019. For purposes of selecting military 
     installations for closure or realignment under this subtitle, 
     no revision of the force-structure plan or infrastructure 
     inventory is authorized after February 15, 2019.
       (b) Certification of Need for Further Closures and 
     Realignments.--(1) On the basis of the force-structure plan 
     and infrastructure inventory prepared under subsection (a) 
     and the descriptions and economic analysis prepared under 
     such subsection, the Secretary shall include as part of the 
     submission of the plan and inventory--
       (A) a certification regarding whether the need exists for 
     the closure or realignment of additional military 
     installations; and
       (B) if such need exists--
       (i) a certification that the additional round of closures 
     and realignments would result in annual net savings for each 
     of the military departments beginning not later than six 
     years following the commencement of such closures and 
     realignments; and
       (ii) a certification that the additional round of closures 
     and realignments will have the primary objective of 
     eliminating excess infrastructure capacity within the 
     Department of Defense and reconfiguring the infrastructure of 
     the Department to maximize efficiency and reduce costs.
       (2) If the Secretary does not include the certifications 
     referred to in paragraph (1) as part of the submission of the 
     force-structure plan and infrastructure inventory prepared 
     under subsection (a), the President may not commence a round 
     for the selection of military installations for closure and 
     realignment under this subtitle in the year following 
     submission of the force-structure plan and infrastructure 
     inventory.
       (c) Comptroller General Evaluation.--(1) If the 
     certification is provided under subsection (b), the 
     Comptroller General of the United States shall prepare an 
     evaluation of the following:
       (A) The force-structure plan and infrastructure inventory 
     prepared under subsection (a) and the final selection 
     criteria specified in paragraph (d), including an evaluation 
     of the accuracy and analytical sufficiency of such plan, 
     inventory, and criteria.
       (B) The need for the closure or realignment of additional 
     military installations.
       (2) The Comptroller General shall submit to Congress the 
     evaluation prepared under paragraph (1) not later than 60 
     days after the date on which the force-structure plan and 
     infrastructure inventory are submitted to Congress.
       (d) Final Selection Criteria.--(1) The final criteria to be 
     used by the Secretary in making recommendations for the 
     closure or realignment of military installations in the 
     United States under this subtitle shall be the military value 
     criteria specified in paragraph (2) and additional criteria 
     specified in paragraph (3).
       (2) The military value criteria specified in this paragraph 
     are as follows:
       (A) The current and future mission capabilities and the 
     impact on operational readiness of the total force of the 
     Department of Defense, including the impact on joint 
     warfighting, training, and readiness.
       (B) The availability and condition of land, facilities, and 
     associated airspace (including training areas suitable for 
     maneuver by ground, naval, or air forces throughout a 
     diversity of climate and terrain areas and staging areas for 
     the use of the Armed Forces in homeland defense missions) at 
     both existing and potential receiving locations.
       (C) The ability to accommodate contingency, mobilization, 
     surge, and future total force requirements at both existing 
     and potential receiving locations to support operations and 
     training.
       (D) The cost of operations and the manpower implications.
       (3) The additional criteria that the Secretary shall use in 
     making recommendations for the closure or realignment of 
     military installations in the United States under this 
     subtitle are as follows:
       (A) The extent and timing of potential costs and savings, 
     including the number of years, beginning with the date of 
     completion of the closure or realignment, for the savings to 
     exceed the costs.
       (B) The economic impact on existing communities in the 
     vicinity of military installations.
       (C) The ability of the infrastructure of both the existing 
     and potential receiving communities to support forces, 
     missions, and personnel.
       (D) The environmental impact, including the impact of costs 
     related to potential environmental restoration, waste 
     management, and environmental compliance activities.
       (e) Priority Given to Military Value.--The Secretary shall 
     give priority consideration to the military value criteria 
     specified in subsection (d)(2) in the making of 
     recommendations for the closure or realignment of military 
     installations.
       (f) Determining Costs.--When determining the costs 
     associated with a closure or realignment of a military 
     installation under this subtitle, the Secretary shall 
     consider the costs associated with military construction, 
     information technology, termination of public-private 
     contracts, guarantees, the costs of any other activity of the 
     Department of Defense or another Federal agency that may be 
     required to assume responsibility for activities at the 
     military installation, and such other factors as the 
     Secretary determines as contributing to the cost of a closure 
     or realignment.
       (g) Emphasis Given to Savings.--(1) Subject to subsection 
     (e), the Secretary shall emphasize recommendations for the 
     closure or realignment of a military installation that yield 
     net savings within five years of completing such closure or 
     realignment.
       (2) The Secretary shall not consider any recommendation 
     that does not yield net savings within 20 years unless the 
     Secretary determines that the military value of such 
     recommendation supports or enhances a critical national 
     security interest of the United States.
       (h) Relation to Other Materials.--Except as provided in 
     subsection (g), the final selection criteria specified in 
     subsection (d) shall be the only criteria to be used, along 
     with the force-structure plan and infrastructure inventory 
     referred to in subsection (a), in making recommendations for 
     the closure or realignment of military installations in the 
     United States under this subtitle.
       (i) Department of Defense Recommendations.--(1) If the 
     Secretary makes the certifications required under subsection 
     (b), the Secretary shall, by no later than April 15, 2019, 
     publish in the Federal Register and transmit to the 
     congressional defense committees and to the Commission a list 
     of the military installations inside the United States that 
     the Secretary recommends for closure or realignment on the 
     basis of the force-structure plan and infrastructure 
     inventory prepared by the Secretary under subsection (a) and 
     the final selection criteria specified in subsection (d).
       (2) The Secretary shall include, with the list of 
     recommendations published and transmitted pursuant to 
     paragraph (1), a summary of the selection process that 
     resulted in the recommendation for each installation, 
     including a justification for each recommendation. The 
     Secretary shall transmit the matters referred to in the 
     preceding sentence not later than seven days after the date 
     of the transmittal to the congressional defense committees 
     and the Commission of the list referred to in paragraph (1).
       (3)(A) In considering military installations for closure or 
     realignment, the Secretary shall consider all military 
     installations in the United States equally without regard to 
     whether the installation has been previously considered or 
     proposed for closure or realignment by the Department.
       (B) In considering military installations for closure or 
     realignment, the Secretary may not take into account for any 
     purpose any advance conversion planning undertaken by an 
     affected community with respect to the anticipated closure or 
     realignment of an installation.
       (C) For purposes of subparagraph (B), in the case of a 
     community anticipating the economic effects of a closure or 
     realignment of a military installation, advance conversion 
     planning--
       (i) shall include community adjustment and economic 
     diversification planning undertaken by the community before 
     an anticipated selection of a military installation in or 
     near the community for closure or realignment; and
       (ii) may include the development of contingency 
     redevelopment plans, plans for economic development and 
     diversification, and plans for the joint use (including 
     civilian and military use, public and private use, civilian 
     dual use, and civilian shared use) of the property or 
     facilities of the installation after the anticipated closure 
     or realignment.
       (D) In making recommendations to the Commission, the 
     Secretary shall consider any notice received from a local 
     government in the vicinity of a military installation that 
     the government would approve of the closure or realignment of 
     the installation,
       (E) Notwithstanding the requirement in subparagraph (D), 
     the Secretary shall make

[[Page S3421]]

     the recommendations referred to in that subparagraph based on 
     the force-structure plan, infrastructure inventory, and final 
     selection criteria otherwise applicable to such 
     recommendations.
       (F) The recommendations shall include a statement of the 
     result of the consideration of any notice described in 
     subparagraph (D) that is received with respect to a military 
     installation covered by such recommendations. The statement 
     shall set forth the reasons for the result.
       (4) In addition to making all information used by the 
     Secretary to prepare the recommendations under this 
     subsection available to Congress (including any committee or 
     member of Congress), the Secretary shall also make such 
     information available to the Commission and the Comptroller 
     General of the United States.
       (5)(A) Each person referred to in subparagraph (B), when 
     submitting information to the Secretary of Defense or the 
     Commission concerning the closure or realignment of a 
     military installation, shall certify that such information is 
     accurate and complete to the best of that persons knowledge 
     and belief.
       (B) Subparagraph (A) applies to the following persons:
       (i) The Secretaries of the military departments.
       (ii) The heads of the Defense Agencies.
       (iii) Each person who is in a position the duties of which 
     include personal and substantial involvement in the 
     preparation and submission of information and recommendations 
     concerning the closure or realignment of military 
     installations, as designated in regulations that the 
     Secretary of Defense shall prescribe, regulations that the 
     Secretary of each military department shall prescribe for 
     personnel within that military department, or regulations 
     that the head of each Defense Agency shall prescribe for 
     personnel within that Defense Agency.
       (6) Any information provided to the Commission by a person 
     described in paragraph (5)(B) shall also be submitted to the 
     Senate and the House of Representatives to be made available 
     to the Members of the House concerned in accordance with the 
     rules of that House. The information shall be submitted to 
     the Senate and House of Representatives within 48 hours after 
     the submission of the information to the Commission.
       (j) Review and Recommendations by the Commission.--(1) 
     After receiving the recommendations from the Secretary 
     pursuant to subsection (i), the Commission shall conduct 
     public hearings on the recommendations. All testimony before 
     the Commission at a public hearing conducted under this 
     paragraph shall be presented under oath.
       (2)(A) The Commission shall, by no later than October 1, 
     2019, transmit to the President a report containing the 
     Commission's findings and conclusions based on a review and 
     analysis of the recommendations made by the Secretary 
     pursuant to subsection (i), together with the Commission's 
     recommendations for closures and realignments of military 
     installations in the United States.
       (B) Subject to subparagraphs (C) and (E), in making its 
     recommendations, the Commission may make changes in any of 
     the recommendations made by the Secretary if the Commission 
     determines that the Secretary deviated substantially from the 
     force-structure plan and final criteria referred to in 
     subsection (d)(1) in making recommendations.
       (C) In the case of a change described in subparagraph (D) 
     in the recommendations made by the Secretary, the Commission 
     may make the change only if--
       (i) the Commission--
       (I) makes the determination required by subparagraph (B);
       (II) determines that the change is consistent with the 
     force-structure plan and final criteria referred to in 
     subsection (d)(1);
       (III) publishes a notice of the proposed change in the 
     Federal Register not less than 45 days before transmitting 
     its recommendations to the President pursuant to subparagraph 
     (A); and
       (IV) conducts public hearings on the proposed change;
       (ii) at least two members of the Commission visit the 
     military installation before the date of the transmittal of 
     the report; and
       (iii) the decision of the Commission to make the change is 
     supported by at least seven members of the Commission.
       (D) Subparagraph (C) shall apply to a change by the 
     Commission in the Secretary's recommendations that would--
       (i) add a military installation to the list of military 
     installations recommended by the Secretary for closure;
       (ii) add a military installation to the list of military 
     installations recommended by the Secretary for realignment; 
     or
       (iii) increase the extent of a realignment of a particular 
     military installation recommended by the Secretary.
       (E) The Commission may not consider making a change in the 
     recommendations of the Secretary that would add a military 
     installation to the Secretary's list of installations 
     recommended for closure or realignment unless, in addition to 
     the requirements of subparagraph (C)--
       (i) the Commission provides the Secretary with at least a 
     15-day period, before making the change, in which to submit 
     an explanation of the reasons why the installation was not 
     included on the closure or realignment list by the Secretary; 
     and
       (ii) the decision to add the installation for Commission 
     consideration is supported by at least seven members of the 
     Commission.
       (F) In making recommendations under this paragraph, the 
     Commission may not take into account for any purpose any 
     advance conversion planning undertaken by an affected 
     community with respect to the anticipated closure or 
     realignment of a military installation.
       (3) The Commission shall explain and justify in its report 
     submitted to the President pursuant to paragraph (2) any 
     recommendation made by the Commission that is different from 
     the recommendations made by the Secretary pursuant to 
     subsection (i). The Commission shall transmit a copy of such 
     report to the congressional defense committees on the same 
     date on which it transmits its recommendations to the 
     President under paragraph (2).
       (4) After October 1, 2019, the Commission shall promptly 
     provide, upon request, to any Member of Congress information 
     used by the Commission in making its recommendations.
       (5) The Comptroller General of the United States shall--
       (A) assist the Commission, to the extent requested, in the 
     Commission's review and analysis of the recommendations made 
     by the Secretary pursuant to subsection (i); and
       (B) by not later than June 3, 2019, transmit to Congress 
     and to the Commission a report containing a detailed analysis 
     of the Secretary's recommendations and selection process.
       (k) Review by the President.--(1) The President shall, by 
     not later than October 15, 2019, transmit to the Commission 
     and to Congress a report containing the President's approval 
     or disapproval of the Commission's recommendations under 
     subsection (j).
       (2) If the President approves all the recommendations of 
     the Commission, the President shall transmit a copy of such 
     recommendations to Congress, together with a certification of 
     such approval.
       (3) If the President disapproves the recommendations of the 
     Commission, in whole or in part, the President shall transmit 
     to the Commission and Congress the reasons for that 
     disapproval. The Commission shall then transmit to the 
     President, by not later than November 18, 2019, a revised 
     list of recommendations for the closure and realignment of 
     military installations.
       (4) If the President approves all of the revised 
     recommendations of the Commission transmitted to the 
     President under paragraph (3), the President shall transmit a 
     copy of such revised recommendations to Congress, together 
     with a certification of such approval.
       (5) If the President does not transmit to Congress an 
     approval and certification described in paragraph (2) or (4) 
     by December 2, 2019, the process by which military 
     installations may be selected for closure or realignment 
     under this subtitle shall be terminated.

     SEC. 2714. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS.

       (a) In General.--Subject to subsection (b), the Secretary 
     shall--
       (1) close all military installations recommended for 
     closure by the Commission in each report transmitted to 
     Congress by the President pursuant to section 2713(k);
       (2) realign all military installations recommended for 
     realignment by such Commission in each such report;
       (3) carry out the privatization in place of a military 
     installation recommended for closure or realignment by the 
     Commission only if privatization in place is a method of 
     closure or realignment of the military installation specified 
     in the recommendations of the Commission in such report and 
     is determined by the Commission to be the most cost-effective 
     method of implementation of the recommendation;
       (4) initiate all such closures and realignments not later 
     than two years after the date on which the President 
     transmits a report to Congress pursuant to section 2713(k) 
     containing the recommendations for such closures or 
     realignments; and
       (5) complete all such closures and realignments not later 
     than the end of the six-year period beginning on the date on 
     which the President transmits the report pursuant to section 
     2713(k) containing the recommendations for such closures or 
     realignments.
       (b) Congressional Disapproval.--(1) The Secretary may not 
     carry out any closure or realignment recommended by the 
     Commission in a report transmitted from the President 
     pursuant to section 2713(k) if a joint resolution is enacted, 
     in accordance with the provisions of section 2718, 
     disapproving such recommendations of the Commission before 
     the earlier of--
       (A) the end of the 45-day period beginning on the date on 
     which the President transmits such report; or
       (B) the adjournment of Congress sine die for the session 
     during which such report is transmitted.
       (2) For purposes of paragraph (1) of this subsection and 
     subsections (a) and (c) of section 2718, the days on which 
     either House of Congress is not in session because of 
     adjournment of more than three days to a day certain shall be 
     excluded in the computation of a period.

     SEC. 2715. IMPLEMENTATION.

       (a) In General.--(1) In closing or realigning any military 
     installation under this subtitle, the Secretary may--
       (A) take such actions as may be necessary to close or 
     realign any military installation, including the acquisition 
     of such land, the construction of such replacement 
     facilities, the performance of such activities, and the 
     conduct of such advance planning and design

[[Page S3422]]

     as may be required to transfer functions from a military 
     installation being closed or realigned to another military 
     installation, and may use for such purpose funds in the 
     Account or funds appropriated to the Department of Defense 
     for use in planning and design, minor construction, or 
     operation and maintenance;
       (B)(i) provide--
       (I) economic adjustment assistance to any community located 
     near a military installation being closed or realigned, and
       (II) community planning assistance to any community located 
     near a military installation to which functions will be 
     transferred as a result of the closure or realignment of a 
     military installation,
     if the Secretary of Defense determines that the financial 
     resources available to the community (by grant or otherwise) 
     for such purposes are inadequate, and may use for such 
     purposes funds in the Account or funds appropriated to the 
     Department of Defense for economic adjustment assistance or 
     community planning assistance;
       (C) carry out activities for the purposes of environmental 
     restoration and mitigation at any such installation, and 
     shall use for such purposes funds in the Account.
       (D) provide outplacement assistance to civilian employees 
     employed by the Department of Defense at military 
     installations being closed or realigned, and may use for such 
     purpose funds in the Account or funds appropriated to the 
     Department of Defense for outplacement assistance to 
     employees; and
       (E) reimburse other Federal agencies for actions performed 
     at the request of the Secretary with respect to any such 
     closure or realignment, and may use for such purpose funds in 
     the Account or funds appropriated to the Department of 
     Defense and available for such purpose.
       (2) In carrying out any closure or realignment under this 
     subtitle, the Secretary shall ensure that environmental 
     restoration of any property made excess to the needs of the 
     Department of Defense as a result of such closure or 
     realignment be carried out as soon as possible with funds 
     available for such purpose.
       (b) Management and Disposal of Property.--(1) The 
     Administrator of General Services shall delegate to the 
     Secretary of Defense, with respect to excess and surplus real 
     property, facilities, and personal property located at a 
     military installation closed or realigned under this 
     subtitle--
       (A) the authority of the Administrator to utilize excess 
     property under subchapter II of chapter 5 of title 40, United 
     States Code;
       (B) the authority of the Administrator to dispose of 
     surplus property under subchapter III of chapter 5 of title 
     40, United States Code;
       (C) the authority to dispose of surplus property for public 
     airports under sections 47151 through 47153 of title 49, 
     United States Code; and
       (D) the authority of the Administrator to determine the 
     availability of excess or surplus real property for wildlife 
     conservation purposes in accordance with the Act of May 19, 
     1948 (16 U.S.C. 667b et seq.).
       (2)(A) Subject to subparagraph (B) and paragraphs (3), (4), 
     (5), and (6), the Secretary of Defense shall exercise the 
     authority delegated to the Secretary pursuant to paragraph 
     (1) in accordance with all regulations governing the 
     utilization of excess property and the disposal of surplus 
     property under subtitle I of title 40, United States Code.
       (B) The Secretary may, with the concurrence of the 
     Administrator of General Services--
       (i) prescribe general policies and methods for utilizing 
     excess property and disposing of surplus property pursuant to 
     the authority delegated under paragraph (1); and
       (ii) issue regulations relating to such policies and 
     methods, which shall supersede the regulations referred to in 
     subparagraph (A) with respect to that authority.
       (C) The Secretary of Defense may transfer real property or 
     facilities located at a military installation to be closed or 
     realigned under this subtitle, with or without reimbursement, 
     to a military department or other entity (including a 
     nonappropriated fund instrumentality) within the Department 
     of Defense or the Coast Guard.
       (D) Before any action may be taken with respect to the 
     disposal of any surplus real property or facility located at 
     any military installation to be closed or realigned under 
     this subtitle, the Secretary of Defense shall consult with 
     the Governor of the State and the heads of the local 
     governments concerned for the purpose of considering any plan 
     for the use of such property by the local community 
     concerned.
       (E) If a military installation to be closed, realigned, or 
     placed in an inactive status under this subtitle includes a 
     road used for public access through, into, or around the 
     installation, the Secretary of Defense shall consult with the 
     Governor of the State and the heads of the local governments 
     concerned for the purpose of considering the continued 
     availability of the road for public use after the 
     installation is closed, realigned, or placed in an inactive 
     status.
       (3)(A) Not later than 180 days after the date of approval 
     of the closure or realignment of a military installation 
     under this subtitle, the Secretary, in consultation with the 
     redevelopment authority with respect to the installation, 
     shall--
       (i) inventory the personal property located at the 
     installation; and
       (ii) identify the items (or categories of items) of such 
     personal property that the Secretary determines to be related 
     to real property and anticipates will support the 
     implementation of the redevelopment plan with respect to the 
     installation.
       (B) If no redevelopment authority referred to in 
     subparagraph (A) exists with respect to an installation, the 
     Secretary shall consult with--
       (i) the local government in whose jurisdiction the 
     installation is wholly located; or
       (ii) a local government agency or State government agency 
     designated for the purpose of such consultation by the chief 
     executive officer of the State in which the installation is 
     located.
       (C)(i) Except as provided in subparagraphs (E) and (F), the 
     Secretary may not carry out any of the activities specified 
     in clause (ii) with respect to an installation referred to in 
     that clause until the earlier of--
       (I) one week after the date on which the redevelopment plan 
     for the installation is submitted to the Secretary;
       (II) the date on which the redevelopment authority notifies 
     the Secretary that it will not submit such a plan;
       (III) two years after the date of approval of the closure 
     or realignment of the installation; or
       (IV) 90 days before the date of the closure or realignment 
     of the installation.
       (ii) The activities specified in this clause are activities 
     relating to the closure or realignment of an installation to 
     be closed or realigned under this subtitle as follows:
       (I) The transfer from the installation of items of personal 
     property at the installation identified in accordance with 
     subparagraph (A).
       (II) The reduction in maintenance and repair of facilities 
     or equipment located at the installation below the minimum 
     levels required to support the use of such facilities or 
     equipment for nonmilitary purposes.
       (D) Except as provided in paragraph (4), the Secretary may 
     not transfer items of personal property located at an 
     installation to be closed or realigned under this subtitle to 
     another installation, or dispose of such items, if such items 
     are identified in the redevelopment plan for the installation 
     as items essential to the reuse or redevelopment of the 
     installation. In connection with the development of the 
     redevelopment plan for the installation, the Secretary shall 
     consult with the entity responsible for developing the 
     redevelopment plan to identify the items of personal property 
     located at the installation, if any, that the entity desires 
     to be retained at the installation for reuse or redevelopment 
     of the installation.
       (E) This paragraph shall not apply to any personal property 
     located at an installation to be closed or realigned under 
     this subtitle if the property--
       (i) is required for the operation of a unit, function, 
     component, weapon, or weapons system at another installation;
       (ii) is uniquely military in character, and is likely to 
     have no civilian use (other than use for its material content 
     or as a source of commonly used components);
       (iii) is not required for the reutilization or 
     redevelopment of the installation (as jointly determined by 
     the Secretary and the redevelopment authority);
       (iv) is stored at the installation for purposes of 
     distribution (including spare parts or stock items); or
       (v)(I) meets known requirements of an authorized program of 
     another Federal agency for which expenditures for similar 
     property would be necessary; and
       (II) is the subject of a written request by the head of the 
     agency.
       (F) Notwithstanding subparagraphs (C)(i) and (D), the 
     Secretary may carry out any activity referred to in 
     subparagraph (C)(ii) or (D) if the Secretary determines that 
     the carrying out of such activity is in the national security 
     interest of the United States.
       (4)(A) The Secretary may transfer real property and 
     personal property located at a military installation to be 
     closed or realigned under this subtitle to the redevelopment 
     authority with respect to the installation for purposes of 
     job generation on the installation.
       (B) The transfer of property located at a military 
     installation under subparagraph (A) may be for consideration 
     at or below the estimated fair market value or without 
     consideration. The determination of such consideration may 
     account for the economic conditions of the local affected 
     community and the estimated costs to redevelop the property. 
     The Secretary may accept, as consideration, a share of the 
     revenues that the redevelopment authority receives from 
     third-party buyers or lessees from sales and long-term leases 
     of the conveyed property, consideration in kind (including 
     goods and services), real property and improvements, or such 
     other consideration as the Secretary considers appropriate. 
     The transfer of property located at a military installation 
     under subparagraph (A) may be made for consideration below 
     the estimated fair market value or without consideration only 
     if the redevelopment authority with respect to the 
     installation--
       (i) agrees that the proceeds from any sale or lease of the 
     property (or any portion thereof) received by the 
     redevelopment authority during at least the first seven years 
     after the date of the initial transfer of property under 
     subparagraph (A) shall be used to support the economic 
     redevelopment of, or related to, the installation; and
       (ii) executes the agreement for transfer of the property 
     and accepts control of the property within a reasonable time 
     after the date

[[Page S3423]]

     of the property disposal record of decision or finding of no 
     significant impact under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).
       (C) For purposes of subparagraph (B)(i), the use of 
     proceeds from a sale or lease described in such subparagraph 
     to pay for, or offset the costs of, public investment on or 
     related to the installation for any of the following purposes 
     shall be considered a use to support the economic 
     redevelopment of, or related to, the installation:
       (i) Road construction.
       (ii) Transportation management facilities.
       (iii) Storm and sanitary sewer construction.
       (iv) Police and fire protection facilities and other public 
     facilities.
       (v) Utility construction.
       (vi) Building rehabilitation.
       (vii) Historic property preservation.
       (viii) Pollution prevention equipment or facilities.
       (ix) Demolition.
       (x) Disposal of hazardous materials generated by 
     demolition.
       (xi) Landscaping, grading, and other site or public 
     improvements.
       (xii) Planning for or the marketing of the development and 
     reuse of the installation.
       (D) The Secretary may recoup from a redevelopment authority 
     such portion of the proceeds from a sale or lease described 
     in subparagraph (B) as the Secretary determines appropriate 
     if the redevelopment authority does not use the proceeds to 
     support economic redevelopment of, or related to, the 
     installation for the period specified in subparagraph (B).
       (E)(i) The Secretary may transfer real property at an 
     installation approved for closure or realignment under this 
     subtitle (including property at an installation approved for 
     realignment which will be retained by the Department of 
     Defense or another Federal agency after realignment) to the 
     redevelopment authority for the installation if the 
     redevelopment authority agrees to lease, directly upon 
     transfer, one or more portions of the property transferred 
     under this subparagraph to the Secretary or to the head of 
     another Federal agency. Subparagraph (B) shall apply to a 
     transfer under this subparagraph.
       (ii) A lease under clause (i) shall be for a term of not to 
     exceed 50 years, but may provide for options for renewal or 
     extension of the term by the agency concerned.
       (iii) A lease under clause (i) may not require rental 
     payments by the United States.
       (iv) A lease under clause (i) shall include a provision 
     specifying that if the agency concerned ceases requiring the 
     use of the leased property before the expiration of the term 
     of the lease, the remainder of the lease term may be 
     satisfied by the same or another Federal agency using the 
     property for a use similar to the use under the lease. 
     Exercise of the authority provided by this clause shall be 
     made in consultation with the redevelopment authority 
     concerned.
       (v) Notwithstanding clause (iii), if a lease under clause 
     (i) involves a substantial portion of the installation, the 
     agency concerned may obtain facility services for the leased 
     property and common area maintenance from the redevelopment 
     authority or the redevelopment authority's assignee as a 
     provision of the lease. The facility services and common area 
     maintenance shall be provided at a rate no higher than the 
     rate charged to non-Federal tenants of the transferred 
     property. Facility services and common area maintenance 
     covered by the lease shall not include--
       (I) municipal services that a State or local government is 
     required by law to provide to all landowners in its 
     jurisdiction without direct charge; or
       (II) firefighting or security-guard functions.
       (F) The transfer of personal property under subparagraph 
     (A) shall not be subject to the provisions of subchapters II 
     and III of chapter 5 of title 40, United States Code, if the 
     Secretary determines that the transfer of such property is 
     necessary for the effective implementation of a redevelopment 
     plan with respect to the installation at which such property 
     is located.
       (G) The provisions of section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real 
     property under this paragraph.
       (H) The Secretary may require any additional terms and 
     conditions in connection with a transfer under this paragraph 
     as the Secretary considers appropriate to protect the 
     interests of the United States.
       (5)(A) Except as provided in subparagraphs (B) and (C), the 
     Secretary shall take such actions as the Secretary determines 
     necessary to ensure that final determinations under paragraph 
     (1) regarding whether another Federal agency has identified a 
     use for any portion of a military installation to be closed 
     or realigned under this subtitle, or will accept transfer of 
     any portion of such installation, are made not later than180 
     days after the date of approval of closure or realignment of 
     that installation.
       (B) The Secretary may, in consultation with the 
     redevelopment authority with respect to an installation, 
     postpone making the final determinations referred to in 
     subparagraph (A) with respect to the installation for such 
     period as the Secretary determines appropriate if the 
     Secretary determines that such postponement is in the best 
     interests of the communities affected by the closure or 
     realignment of the installation.
       (C)(i) Before acquiring non-Federal real property as the 
     location for a new or replacement Federal facility of any 
     type, the head of the Federal agency acquiring the property 
     shall consult with the Secretary regarding the feasibility 
     and cost advantages of using Federal property or facilities 
     at a military installation closed or realigned or to be 
     closed or realigned under this subtitle as the location for 
     the new or replacement facility. In considering the 
     availability and suitability of a specific military 
     installation, the Secretary and the head of the Federal 
     agency involved shall obtain the concurrence of the 
     redevelopment authority with respect to the installation and 
     comply with the redevelopment plan for the installation.
       (ii) Not later than 30 days after acquiring non-Federal 
     real property as the location for a new or replacement 
     Federal facility, the head of the Federal agency acquiring 
     the property shall submit to Congress a report containing the 
     results of the consultation under clause (i) and the reasons 
     why military installations referred to in such clause that 
     are located within the area to be served by the new or 
     replacement Federal facility or within a 200-mile radius of 
     the new or replacement facility, whichever area is greater, 
     were considered to be unsuitable or unavailable for the site 
     of the new or replacement facility.
       (6)(A) The disposal of buildings and property located at 
     installations approved for closure or realignment under this 
     subtitle shall be carried out in accordance with this 
     paragraph.
       (B)(i) Not later than the date on which the Secretary of 
     Defense completes the final determinations referred to in 
     paragraph (5) relating to the use or transferability of any 
     portion of an installation covered by this paragraph, the 
     Secretary shall--
       (I) identify the buildings and property at the installation 
     for which the Department of Defense has a use, for which 
     another Federal agency has identified a use, or of which 
     another Federal agency will accept a transfer;
       (II) take such actions as are necessary to identify any 
     building or property at the installation not identified under 
     subclause (I) that is excess property or surplus property;
       (III) submit to the Secretary of Housing and Urban 
     Development and to the redevelopment authority for the 
     installation (or the chief executive officer of the State in 
     which the installation is located if there is no 
     redevelopment authority for the installation at the 
     completion of such final determinations) information on any 
     building or property that is identified under subclause (II); 
     and
       (IV) publish in the Federal Register and in a newspaper of 
     general circulation in the communities in the vicinity of the 
     installation information on the buildings and property 
     identified under subclause (II).
       (ii) Upon the recognition of a redevelopment authority for 
     an installation covered by this paragraph, the Secretary of 
     Defense shall publish in the Federal Register and in a 
     newspaper of general circulation in the communities in the 
     vicinity of the installation information on the redevelopment 
     authority.
       (C)(i) State and local governments, representatives of the 
     homeless, and other interested parties located in the 
     communities in the vicinity of an installation covered by 
     this paragraph shall submit to the redevelopment authority 
     for the installation a notice of the interest, if any, of 
     such governments, representatives, and parties in the 
     buildings or property, or any portion thereof, at the 
     installation that are identified under subparagraph 
     (B)(i)(II). A notice of interest under this clause shall 
     describe the need of the government, representative, or party 
     concerned for the buildings or property covered by the 
     notice.
       (ii) The redevelopment authority for an installation shall 
     assist the governments, representatives, and parties referred 
     to in clause (i) in evaluating buildings and property at the 
     installation for purposes of this subparagraph.
       (iii) In providing assistance under clause (ii), a 
     redevelopment authority shall--
       (I) consult with representatives of the homeless in the 
     communities in the vicinity of the installation concerned; 
     and
       (II) undertake outreach efforts to provide information on 
     the buildings and property to representatives of the 
     homeless, and to other persons or entities interested in 
     assisting the homeless, in such communities.
       (iv) It is the sense of Congress that redevelopment 
     authorities should begin to conduct outreach efforts under 
     clause (iii)(II) with respect to an installation as soon as 
     practicable after the date of approval of closure or 
     realignment of the installation.
       (D)(i) State and local governments, representatives of the 
     homeless, and other interested parties shall submit a notice 
     of interest to a redevelopment authority under subparagraph 
     (C) not later than the date specified for such notice by the 
     redevelopment authority.
       (ii) The date specified under clause (i) shall be--
       (I) in the case of an installation for which a 
     redevelopment authority has been recognized as of the date of 
     the completion of the determinations referred to in paragraph 
     (5), not earlier than 90 days and not later than 180 days 
     after the date of publication of such determination in a 
     newspaper of general circulation in the communities in the 
     vicinity of the installation under subparagraph (B)(i)(IV); 
     and
       (II) in the case of an installation for which a 
     redevelopment authority is not recognized as of such date, 
     not earlier than 90 days and

[[Page S3424]]

     not later than 180 days after the date of the recognition of 
     a redevelopment authority for the installation.
       (iii) Upon specifying a date for an installation under this 
     subparagraph, the redevelopment authority for the 
     installation shall--
       (I) publish the date specified in a newspaper of general 
     circulation in the communities in the vicinity of the 
     installation concerned; and
       (II) notify the Secretary of Defense of the date.
       (E)(i) In submitting to a redevelopment authority under 
     subparagraph (C) a notice of interest in the use of buildings 
     or property at an installation to assist the homeless, a 
     representative of the homeless shall submit the following:
       (I) A description of the homeless assistance program that 
     the representative proposes to carry out at the installation.
       (II) An assessment of the need for the program.
       (III) A description of the extent to which the program is 
     or will be coordinated with other homeless assistance 
     programs in the communities in the vicinity of the 
     installation.
       (IV) A description of the buildings and property at the 
     installation that are necessary in order to carry out the 
     program.
       (V) A description of the financial plan, the organization, 
     and the organizational capacity of the representative to 
     carry out the program.
       (VI) An assessment of the time required in order to 
     commence carrying out the program.
       (ii) A redevelopment authority may not release to the 
     public any information submitted to the redevelopment 
     authority under clause (i)(V) without the consent of the 
     representative of the homeless concerned unless such release 
     is authorized under Federal law and under the law of the 
     State and communities in which the installation concerned is 
     located.
       (F)(i) The redevelopment authority for each installation 
     covered by this paragraph shall prepare a redevelopment plan 
     for the installation. The redevelopment authority shall, in 
     preparing the plan, consider the interests in the use to 
     assist the homeless of the buildings and property at the 
     installation that are expressed in the notices submitted to 
     the redevelopment authority under subparagraph (C).
       (ii)(I) In connection with a redevelopment plan for an 
     installation, a redevelopment authority and representatives 
     of the homeless shall prepare legally binding agreements that 
     provide for the use to assist the homeless of buildings and 
     property, resources, and assistance on or off the 
     installation. The implementation of such agreements shall be 
     contingent upon the decision regarding the disposal of the 
     buildings and property covered by the agreements by the 
     Secretary of Defense under subparagraph (K) or (L).
       (II) Agreements under this clause shall provide for the 
     reversion to the redevelopment authority concerned, or to 
     such other entity or entities as the agreements shall 
     provide, of buildings and property that are made available 
     under this paragraph for use to assist the homeless in the 
     event that such buildings and property cease being used for 
     that purpose.
       (iii) A redevelopment authority shall provide opportunity 
     for public comment on a redevelopment plan before submission 
     of the plan to the Secretary of Defense and the Secretary of 
     Housing and Urban Development under subparagraph (G).
       (iv) A redevelopment authority shall complete preparation 
     of a redevelopment plan for an installation and submit the 
     plan under subparagraph (G) not later than 270 days after the 
     date specified by the redevelopment authority for the 
     installation under subparagraph (D).
       (G)(i) Upon completion of a redevelopment plan under 
     subparagraph (F), a redevelopment authority shall submit an 
     application containing the plan to the Secretary of Defense 
     and the Secretary of Housing and Urban Development.
       (ii) A redevelopment authority shall include in an 
     application under clause (i) the following:
       (I) A copy of the redevelopment plan, including a summary 
     of any public comments on the plan received by the 
     redevelopment authority under subparagraph (F)(iii).
       (II) A copy of each notice of interest of use of buildings 
     and property to assist the homeless that was submitted to the 
     redevelopment authority under subparagraph (C), together with 
     a description of the manner, if any, in which the plan 
     addresses the interest expressed in each such notice and, if 
     the plan does not address such an interest, an explanation 
     why the plan does not address the interest.
       (III) A summary of the outreach undertaken by the 
     redevelopment authority under subparagraph (C)(iii)(II) in 
     preparing the plan.
       (IV) A statement identifying the representatives of the 
     homeless and the homeless assistance planning boards, if any, 
     with which the redevelopment authority consulted in preparing 
     the plan, and the results of such consultations.
       (V) An assessment of the manner in which the redevelopment 
     plan balances the expressed needs of the homeless and the 
     need of the communities in the vicinity of the installation 
     for economic redevelopment and other development.
       (VI) Copies of the agreements that the redevelopment 
     authority proposes to enter into under subparagraph (F)(ii).
       (H)(i) Not later than 60 days after receiving a 
     redevelopment plan under subparagraph (G), the Secretary of 
     Housing and Urban Development shall complete a review of the 
     plan. The purpose of the review is to determine whether the 
     plan, with respect to the expressed interest and requests of 
     representatives of the homeless--
       (I) takes into consideration the size and nature of the 
     homeless population in the communities in the vicinity of the 
     installation, the availability of existing services in such 
     communities to meet the needs of the homeless in such 
     communities, and the suitability of the buildings and 
     property covered by the plan for the use and needs of the 
     homeless in such communities;
       (II) takes into consideration any economic impact of the 
     homeless assistance under the plan on the communities in the 
     vicinity of the installation;
       (III) balances in an appropriate manner the needs of the 
     communities in the vicinity of the installation for economic 
     redevelopment and other development with the needs of the 
     homeless in such communities;
       (IV) was developed in consultation with representatives of 
     the homeless and the homeless assistance planning boards, if 
     any, in the communities in the vicinity of the installation; 
     and
       (V) specifies the manner in which buildings and property, 
     resources, and assistance on or off the installation will be 
     made available for homeless assistance purposes.
       (ii) It is the sense of Congress that the Secretary of 
     Housing and Urban Development shall, in completing the review 
     of a plan under this subparagraph, take into consideration 
     and be receptive to the predominant views on the plan of the 
     communities in the vicinity of the installation covered by 
     the plan.
       (iii) The Secretary of Housing and Urban Development may 
     engage in negotiations and consultations with a redevelopment 
     authority before or during the course of a review under 
     clause (i) with a view toward resolving any preliminary 
     determination of the Secretary that a redevelopment plan does 
     not meet a requirement set forth in that clause. The 
     redevelopment authority may modify the redevelopment plan as 
     a result of such negotiations and consultations.
       (iv) Upon completion of a review of a redevelopment plan 
     under clause (i), the Secretary of Housing and Urban 
     Development shall notify the Secretary of Defense and the 
     redevelopment authority concerned of the determination of the 
     Secretary of Housing and Urban Development under that clause.
       (v) If the Secretary of Housing and Urban Development 
     determines as a result of such a review that a redevelopment 
     plan does not meet the requirements set forth in clause (i), 
     a notice under clause (iv) shall include--
       (I) an explanation of that determination; and
       (II) a statement of the actions that the redevelopment 
     authority must undertake in order to address that 
     determination.
       (I)(i) Upon receipt of a notice under subparagraph (H)(iv) 
     of a determination that a redevelopment plan does not meet a 
     requirement set forth in subparagraph (H)(i), a redevelopment 
     authority shall have the opportunity to--
       (I) revise the plan in order to address the determination; 
     and
       (II) submit the revised plan to the Secretary of Defense 
     and the Secretary of Housing and Urban Development.
       (ii) A redevelopment authority shall submit a revised plan 
     under this subparagraph to such Secretaries, if at all, not 
     later than 90 days after the date on which the redevelopment 
     authority receives the notice referred to in clause (i).
       (J)(i) Not later than 30 days after receiving a revised 
     redevelopment plan under subparagraph (I), the Secretary of 
     Housing and Urban Development shall review the revised plan 
     and determine if the plan meets the requirements set forth in 
     subparagraph (H)(i).
       (ii) The Secretary of Housing and Urban Development shall 
     notify the Secretary of Defense and the redevelopment 
     authority concerned of the determination of the Secretary of 
     Housing and Urban Development under this subparagraph.
       (K)(i) Upon receipt of a notice under subparagraph (H)(iv) 
     or (J)(ii) of the determination of the Secretary of Housing 
     and Urban Development that a redevelopment plan for an 
     installation meets the requirements set forth in subparagraph 
     (H)(i), the Secretary of Defense shall dispose of the 
     buildings and property at the installation.
       (ii) For purposes of carrying out an environmental 
     assessment of the closure or realignment of an installation, 
     the Secretary of Defense shall treat the redevelopment plan 
     for the installation (including the aspects of the plan 
     providing for disposal to State or local governments, 
     representatives of the homeless, and other interested 
     parties) as part of the proposed Federal action for the 
     installation.
       (iii) The Secretary of Defense shall dispose of buildings 
     and property under clause (i) in accordance with the record 
     of decision or other decision document prepared by the 
     Secretary in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the 
     record of decision or other decision document, the Secretary 
     shall give substantial deference to the redevelopment plan 
     concerned.
       (iv) The disposal under clause (i) of buildings and 
     property to assist the homeless shall be without 
     consideration.

[[Page S3425]]

       (v) In the case of a request for a conveyance under clause 
     (i) of buildings and property for public benefit under 
     section 550 of title 40, United States Code, or sections 
     47151 through 47153 of title 49, United States Code, the 
     sponsoring Federal agency shall use the eligibility criteria 
     set forth in such section or subchapter II of chapter 471 of 
     title 49, United States Code (as the case may be) to 
     determine the eligibility of the applicant and use proposed 
     in the request for the public benefit conveyance. The 
     determination of such eligibility should be made before 
     submission of the redevelopment plan concerned under 
     subparagraph (G).
       (L)(i) If the Secretary of Housing and Urban Development 
     determines under subparagraph (J) that a revised 
     redevelopment plan for an installation does not meet the 
     requirements set forth in subparagraph (H)(i), or if no 
     revised plan is so submitted, that Secretary shall--
       (I) review the original redevelopment plan submitted to 
     that Secretary under subparagraph (G), including the notice 
     or notices of representatives of the homeless referred to in 
     clause (ii)(II) of that subparagraph;
       (II) consult with the representatives referred to in 
     subclause (I), if any, for purposes of evaluating the 
     continuing interest of such representatives in the use of 
     buildings or property at the installation to assist the 
     homeless;
       (III) request that each such representative submit to that 
     Secretary the items described in clause (ii); and
       (IV) based on the actions of that Secretary under 
     subclauses (I) and (II), and on any information obtained by 
     that Secretary as a result of such actions, indicate to the 
     Secretary of Defense the buildings and property at the 
     installation that meet the requirements set forth in 
     subparagraph (H)(i).
       (ii) The Secretary of Housing and Urban Development may 
     request under clause (i)(III) that a representative of the 
     homeless submit to that Secretary the following:
       (I) A description of the program of such representative to 
     assist the homeless.
       (II) A description of the manner in which the buildings and 
     property that the representative proposes to use for such 
     purpose will assist the homeless.
       (III) Such information as that Secretary requires in order 
     to determine the financial capacity of the representative to 
     carry out the program and to ensure that the program will be 
     carried out in compliance with Federal environmental law and 
     Federal law against discrimination.
       (IV) A certification that police services, fire protection 
     services, and water and sewer services available in the 
     communities in the vicinity of the installation concerned are 
     adequate for the program.
       (iii) Not later than 90 days after the date of the receipt 
     of a revised plan for an installation under subparagraph (J), 
     the Secretary of Housing and Urban Development shall--
       (I) notify the Secretary of Defense and the redevelopment 
     authority concerned of the buildings and property at an 
     installation under clause (i)(IV) that the Secretary of 
     Housing and Urban Development determines are suitable for use 
     to assist the homeless; and
       (II) notify the Secretary of Defense of the extent to which 
     the revised plan meets the criteria set forth in subparagraph 
     (H)(i).
       (iv)(I) Upon notice from the Secretary of Housing and Urban 
     Development with respect to an installation under clause 
     (iii), the Secretary of Defense shall dispose of buildings 
     and property at the installation in consultation with the 
     Secretary of Housing and Urban Development and the 
     redevelopment authority concerned.
       (II) For purposes of carrying out an environmental 
     assessment of the closure or realignment of an installation, 
     the Secretary of Defense shall treat the redevelopment plan 
     submitted by the redevelopment authority for the installation 
     (including the aspects of the plan providing for disposal to 
     State or local governments, representatives of the homeless, 
     and other interested parties) as part of the proposed Federal 
     action for the installation. The Secretary of Defense shall 
     incorporate the notification of the Secretary of Housing and 
     Urban Development under clause (iii)(I) as part of the 
     proposed Federal action for the installation only to the 
     extent, if any, that the Secretary of Defense considers such 
     incorporation to be appropriate and consistent with the best 
     and highest use of the installation as a whole, taking into 
     consideration the redevelopment plan submitted by the 
     redevelopment authority.
       (III) The Secretary of Defense shall dispose of buildings 
     and property under subclause (I) in accordance with the 
     record of decision or other decision document prepared by the 
     Secretary in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the 
     record of decision or other decision document, the Secretary 
     shall give deference to the redevelopment plan submitted by 
     the redevelopment authority for the installation.
       (IV) The disposal under subclause (I) of buildings and 
     property to assist the homeless shall be without 
     consideration.
       (V) In the case of a request for a conveyance under 
     subclause (I) of buildings and property for public benefit 
     under section 550 of title 40, United States Code, or 
     sections 47151 through 47153 of title 49, United States Code, 
     the sponsoring Federal agency shall use the eligibility 
     criteria set forth in such section or subchapter II of 
     chapter 471 of title 49, United States Code (as the case may 
     be) to determine the eligibility of the applicant and use 
     proposed in the request for the public benefit conveyance. 
     The determination of such eligibility should be made before 
     submission of the redevelopment plan concerned under 
     subparagraph (G).
       (M)(i) In the event of the disposal of buildings and 
     property of an installation pursuant to subparagraph (K) or 
     (L), the redevelopment authority for the installation shall 
     be responsible for the implementation of and compliance with 
     agreements under the redevelopment plan described in that 
     subparagraph for the installation.
       (ii) If a building or property reverts to a redevelopment 
     authority under such an agreement, the redevelopment 
     authority shall take appropriate actions to secure, to the 
     maximum extent practicable, the utilization of the building 
     or property by other homeless representatives to assist the 
     homeless. A redevelopment authority may not be required to 
     utilize the building or property to assist the homeless.
       (N) The Secretary of Defense may postpone or extend any 
     deadline provided for under this paragraph in the case of an 
     installation covered by this paragraph for such period as the 
     Secretary considers appropriate if the Secretary determines 
     that such postponement is in the interests of the communities 
     affected by the closure or realignment of the installation. 
     The Secretary shall make such determinations in consultation 
     with the redevelopment authority concerned and, in the case 
     of deadlines provided for under this paragraph with respect 
     to the Secretary of Housing and Urban Development, in 
     consultation with the Secretary of Housing and Urban 
     Development.
       (O) For purposes of this paragraph, the term ``communities 
     in the vicinity of the installation'', in the case of an 
     installation, means the communities that constitute the 
     political jurisdictions (other than the State in which the 
     installation is located) that comprise the redevelopment 
     authority for the installation.
       (P) For purposes of this paragraph, the term ``other 
     interested parties'', in the case of an installation, 
     includes any parties eligible for the conveyance of property 
     of the installation under section 550 of title 40, United 
     States Code, or sections 47151 through 47153 of title 49, 
     United States Code, whether or not the parties assist the 
     homeless.
       (7)(A) Subject to subparagraph (C), the Secretary may enter 
     into agreements (including contracts, cooperative agreements, 
     or other arrangements for reimbursement) with local 
     governments for the provision of police or security services, 
     fire protection services, airfield operation services, or 
     other community services by such governments at military 
     installations to be closed under this subtitle, or at 
     facilities not yet transferred or otherwise disposed of in 
     the case of installations closed under this subtitle, if the 
     Secretary determines that the provision of such services 
     under such agreements is in the best interests of the 
     Department of Defense.
       (B) The Secretary may exercise the authority provided under 
     this paragraph without regard to the provisions of chapter 
     146 of title 10, United States Code.
       (C) The Secretary may not exercise the authority under 
     subparagraph (A) with respect to an installation earlier than 
     180 days before the date on which the installation is to be 
     closed.
       (D) The Secretary shall include in a contract for services 
     entered into with a local government under this paragraph a 
     clause that requires the use of professionals to furnish the 
     services to the extent that professionals are available in 
     the area under the jurisdiction of such government.
       (c) Applicability of National Environmental Policy Act of 
     1969.--(1) The provisions of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply 
     to the actions of the President, the Commission, and, except 
     as provided in paragraph (2), the Department of Defense in 
     carrying out this subtitle.
       (2)(A) The provisions of the National Environmental Policy 
     Act of 1969 shall apply to actions of the Department of 
     Defense under this subtitle--
       (i) during the process of property disposal; and
       (ii) during the process of relocating functions from a 
     military installation being closed or realigned to another 
     military installation after the receiving installation has 
     been selected but before the functions are relocated.
       (B) In applying the provisions of the National 
     Environmental Policy Act of 1969 to the processes referred to 
     in subparagraph (A), the Secretary of Defense and the 
     Secretary of the military departments concerned shall not 
     have to consider--
       (i) the need for closing or realigning the military 
     installation which has been recommended for closure or 
     realignment by the Commission;
       (ii) the need for transferring functions to any military 
     installation which has been selected as the receiving 
     installation; or
       (iii) military installations alternative to those 
     recommended or selected.
       (3) A civil action for judicial review, with respect to any 
     requirement of the National Environmental Policy Act of 1969 
     to the extent such Act is applicable under paragraph (2), of 
     any act or failure to act by the Department of Defense during 
     the closing, realigning, or relocating of functions referred 
     to in clauses (i) and (ii) of paragraph (2)(A), may not be 
     brought more than 60 days after the date of such act or 
     failure to act.
       (d) Waiver.--The Secretary of Defense may close or realign 
     military installations under this subtitle without regard 
     to--

[[Page S3426]]

       (1) any provision of law restricting the use of funds for 
     closing or realigning military installations included in any 
     appropriations or authorization Act; and
       (2) sections 2662 and 2687 of title 10, United States Code.
       (e) Transfer Authority in Connection With Payment of 
     Environmental Remediation Costs.--(1)(A) Subject to paragraph 
     (2) of this subsection and section 120(h) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary may 
     enter into an agreement to transfer by deed real property or 
     facilities referred to in subparagraph (B) with any person 
     who agrees to perform all environmental restoration, waste 
     management, and environmental compliance activities that are 
     required for the property or facilities under Federal and 
     State laws, administrative decisions, agreements (including 
     schedules and milestones), and concurrences.
       (B) The real property and facilities referred to in 
     subparagraph (A) are the real property and facilities located 
     at an installation closed or to be closed, or realigned or to 
     be realigned, under this subtitle that are available 
     exclusively for the use, or expression of an interest in a 
     use, of a redevelopment authority under subsection (b)(6)(F) 
     during the period provided for that use, or expression of 
     interest in use, under that subsection. The real property and 
     facilities referred to in subparagraph (A) are also the real 
     property and facilities located at an installation approved 
     for closure or realignment under this subtitle that are 
     available for purposes other than to assist the homeless.
       (C) The Secretary may require any additional terms and 
     conditions in connection with an agreement authorized by 
     subparagraph (A) as the Secretary considers appropriate to 
     protect the interests of the United States.
       (2) A transfer of real property or facilities may be made 
     under paragraph (1) only if the Secretary certifies to 
     Congress that--
       (A) the costs of all environmental restoration, waste 
     management, and environmental compliance activities otherwise 
     to be paid by the Secretary with respect to the property or 
     facilities are equal to or greater than the fair market value 
     of the property or facilities to be transferred, as 
     determined by the Secretary; or
       (B) if such costs are lower than the fair market value of 
     the property or facilities, the recipient of the property or 
     facilities agrees to pay the difference between the fair 
     market value and such costs.
       (3) In the case of property or facilities covered by a 
     certification under paragraph (2)(A), the Secretary may pay 
     the recipient of such property or facilities an amount equal 
     to the lesser of--
       (A) the amount by which the costs incurred by the recipient 
     of such property or facilities for all environmental 
     restoration, waste, management, and environmental compliance 
     activities with respect to such property or facilities exceed 
     the fair market value of such property or facilities as 
     specified in such certification; or
       (B) the amount by which the costs (as determined by the 
     Secretary) that would otherwise have been incurred by the 
     Secretary for such restoration, management, and activities 
     with respect to such property or facilities exceed the fair 
     market value of such property or facilities as so specified.
       (4) As part of an agreement under paragraph (1), the 
     Secretary shall disclose to the person to whom the property 
     or facilities will be transferred any information of the 
     Secretary regarding the environmental restoration, waste 
     management, and environmental compliance activities described 
     in paragraph (1) that relate to the property or facilities. 
     The Secretary shall provide such information before entering 
     into the agreement.
       (5) Nothing in this subsection shall be construed to 
     modify, alter, or amend the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.).
       (6) Section 330 of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 
     note) shall not apply to any transfer under this subsection 
     to persons or entities described in subsection (a)(2) of such 
     section 330, except in the case of releases or threatened 
     releases not disclosed pursuant to paragraph (4) of this 
     subsection.

     SEC. 2716. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2016.

       (a) In General.--(1) If the Secretary makes the 
     certifications required under section 2713(b), there shall be 
     established on the books of the Treasury an account to be 
     known as the ``Department of Defense Base Closure Account 
     2016'' (in this section referred to as the ``Account''). The 
     Account shall be administered by the Secretary as a single 
     account.
       (2) There shall be deposited into the Account--
       (A) funds authorized for and appropriated to the Account;
       (B) any funds that the Secretary may, subject to approval 
     in an appropriation Act, transfer to the Account from funds 
     appropriated to the Department of Defense for any purpose, 
     except that such funds may be transferred only after the date 
     on which the Secretary transmits written notice of, and 
     justification for, such transfer to the congressional defense 
     committees; and
       (C) except as provided in subsection (d), proceeds received 
     from the lease, transfer, or disposal of any property at a 
     military installation that is closed or realigned under this 
     subtitle.
       (3) The Account shall be closed at the time and in the 
     manner provided for appropriation accounts under section 1555 
     of title 31, United States Code. Unobligated funds which 
     remain in the Account upon closure shall be held by the 
     Secretary of the Treasury until transferred by law after the 
     congressional defense committees receive the final report 
     transmitted under subsection (c)(2).
       (b) Use of Funds.--(1) The Secretary may use the funds in 
     the Account only for the purposes described in section 2715 
     with respect to military installations approved for closure 
     or realignment under this subtitle.
       (2) When a decision is made to use funds in the Account to 
     carry out a construction project under section 2715(a) and 
     the cost of the project will exceed the maximum amount 
     authorized by law for a minor military construction project, 
     the Secretary shall notify in writing the congressional 
     defense committees of the nature of, and justification for, 
     the project and the amount of expenditures for such project. 
     Any such construction project may be carried out without 
     regard to section 2802(a) of title 10, United States Code.
       (c) Reports.--(1)(A) Not later than 60 days after the end 
     of each fiscal year in which the Secretary carries out 
     activities under this subtitle using amounts in the Account, 
     the Secretary shall transmit a report to the congressional 
     defense committees of--
       (i) the amount and nature of the deposits into, and the 
     expenditures from, the Account during such fiscal year;
       (ii) the amount and nature of other expenditures made 
     pursuant to section 2715(a) during such fiscal year;
       (iii) the amount and nature of anticipated deposits to be 
     made into, and the anticipated expenditures to be made from, 
     the Account during the first fiscal year commencing after the 
     submission of the report; and
       (iv) the amount and nature of anticipated expenditures to 
     be made pursuant to section 2715(a) during the first fiscal 
     year commencing after the submission of the report.
       (B) The report for a fiscal year shall include the 
     following:
       (i) The obligations and expenditures from the Account 
     during the fiscal year, identified by subaccount and 
     installation, for each military department and Defense 
     Agency.
       (ii) The fiscal year in which appropriations for such 
     expenditures were made and the fiscal year in which funds 
     were obligated for such expenditures.
       (iii) Each military construction project for which such 
     obligations and expenditures were made, identified by 
     installation and project title.
       (iv) A description and explanation of the extent, if any, 
     to which expenditures for military construction projects for 
     the fiscal year differed from proposals for projects and 
     funding levels that were included in the justification 
     transmitted to Congress under section 2717(1), or otherwise, 
     for the funding proposals for the Account for such fiscal 
     year, including an explanation of--
       (I) any failure to carry out military construction projects 
     that were so proposed; and
       (II) any expenditures for military construction projects 
     that were not so proposed.
       (v) An estimate of the net revenues to be received from 
     property disposals to be completed during the first fiscal 
     year commencing after the submission of the report at 
     military installations approved for closure or realignment 
     under this subtitle.
       (2) Not later than 60 days after the closure of the Account 
     under subsection (a)(3), the Secretary shall transmit to the 
     congressional defense committees a report containing an 
     accounting of--
       (A) all the funds deposited into and expended from the 
     Account or otherwise expended under this subtitle with 
     respect to such installations; and
       (B) any amount remaining in the Account.
       (d) Disposal or Transfer of Commissary Stores and Property 
     Purchased With Nonappropriated Funds.--(1) If any real 
     property or facility acquired, constructed, or improved (in 
     whole or in part) with commissary store funds or 
     nonappropriated funds is transferred or disposed of in 
     connection with the closure or realignment of a military 
     installation under this subtitle, a portion of the proceeds 
     of the transfer or other disposal of property on that 
     installation shall be deposited in the reserve account 
     established under section 204(b)(7)(C) of the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     (Public Law 100-526; 10 U.S.C. 2687 note).
       (2) The amount so deposited shall be equal to the 
     depreciated value of the investment made with such funds in 
     the acquisition, construction, or improvement of that 
     particular real property or facility. The depreciated value 
     of the investment shall be computed in accordance with 
     regulations prescribed by the Secretary.
       (3) The Secretary may use amounts in the reserve account, 
     without further appropriation, for the purpose of acquiring, 
     constructing, and improving--
       (A) commissary stores; and
       (B) real property and facilities for nonappropriated fund 
     instrumentalities.
       (4) In this subsection:
       (A) The term ``commissary store funds'' means funds 
     received from the adjustment of, or surcharge on, selling 
     prices at commissary stores fixed under section 2685 of title 
     10, United States Code.

[[Page S3427]]

       (B) The term ``nonappropriated funds'' means funds received 
     from a nonappropriated fund instrumentality.
       (C) The term ``nonappropriated fund instrumentality'' means 
     an instrumentality of the United States under the 
     jurisdiction of the Armed Forces (including the Army and Air 
     Force Exchange Service, the Navy Resale and Services Support 
     Office, and the Marine Corps exchanges) which is conducted 
     for the comfort, pleasure, contentment, or physical or mental 
     improvement of members of the Armed Forces.
       (e) Account Exclusive Source of Funds for Environmental 
     Restoration Projects.--Except for funds deposited into the 
     Account under subsection (a), funds appropriated to the 
     Department of Defense may not be used for purposes described 
     in section 2715(a)(1)(C). The prohibition in this subsection 
     shall expire upon the closure of the Account under subsection 
     (a)(3).
       (f) Authorized Cost and Scope of Work Variations.--(1) 
     Subject to paragraphs (2) and (3), the cost authorized for a 
     military construction project or military family housing 
     project to be carried out using funds in the Account may not 
     be increased or reduced by more than 20 percent or 
     $2,000,000, whichever is less, of the amount specified for 
     the project in the conference report to accompany the Act of 
     Congress authorizing the project. The scope of work for such 
     a project may not be reduced by more than 25 percent from the 
     scope specified in the most recent budget documents for the 
     projects listed in such conference report.
       (2) Paragraph (1) shall not apply to a military 
     construction project or military family housing project to be 
     carried out using funds in the Account with an estimated cost 
     of less than $5,000,000, unless the project has not been 
     previously identified in any budget submission for the 
     Account and exceeds the applicable minor construction 
     threshold under section 2805 of title 10, United States Code.
       (3) The limitation on cost or scope variation specified in 
     paragraph (1) shall not apply if the Secretary of Defense 
     makes a determination that an increase or reduction in cost 
     or a reduction in the scope of work for a military 
     construction project or military family housing project to be 
     carried out using funds in the Account is required for the 
     sole purpose of meeting unusual variations in cost or scope. 
     If the Secretary makes such a determination, the Secretary 
     shall notify the congressional defense committees of the 
     variation in cost or scope not later than 21 days before the 
     date on which the variation is made in connection with the 
     project or, if the notification is provided in an electronic 
     medium pursuant to section 480 of title 10, United States 
     Code, not later than 14 days before the date on which the 
     variation is made. The Secretary shall include the reasons 
     for the variation in the notification.

     SEC. 2717. REPORTS.

       As part of the budget request for fiscal year 2021 and for 
     each fiscal year thereafter through fiscal year 2032 for the 
     Department of Defense, the Secretary shall transmit to the 
     congressional defense committees--
       (1) a schedule of the closure actions to be carried out 
     under this subtitle in the fiscal year for which the request 
     is made and an estimate of the total expenditures required 
     and cost savings to be achieved by each such closure and of 
     the time period in which these savings are to be achieved in 
     each case, together with the Secretary's assessment of the 
     environmental effects of such actions;
       (2) a description of the military installations, including 
     those under construction and those planned for construction, 
     to which functions are to be transferred as a result of such 
     closures, together with the Secretary's assessment of the 
     environmental effects of such transfers;
       (3) a description of the closure actions already carried 
     out at each military installation since the date of the 
     installation's approval for closure under this subtitle and 
     the current status of the closure of the installation, 
     including whether--
       (A) a redevelopment authority has been recognized by the 
     Secretary for the installation;
       (B) the screening of property at the installation for other 
     Federal use has been completed; and
       (C) a redevelopment plan has been agreed to by the 
     redevelopment authority for the installation;
       (4) a description of redevelopment plans for military 
     installations approved for closure under this subtitle, the 
     quantity of property remaining to be disposed of at each 
     installation as part of its closure, and the quantity of 
     property already disposed of at each installation;
       (5) a list of the Federal agencies that have requested 
     property during the screening process for each military 
     installation approved for closure under this subtitle, 
     including the date of transfer or anticipated transfer of the 
     property to such agencies, the acreage involved in such 
     transfers, and an explanation for any delays in such 
     transfers;
       (6) a list of known environmental remediation issues at 
     each military installation approved for closure under this 
     subtitle, including the acreage affected by those issues, an 
     estimate of the cost to complete such environmental 
     remediation, and the plans (and timelines) to address such 
     environmental remediation; and
       (7) an estimate of the date for the completion of all 
     closure actions at each military installation approved for 
     closure or realignment under this subtitle.

     SEC. 2718. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

       (a) Terms of the Resolution.--For purposes of section 
     2714(b), the term ``joint resolution'' means only a joint 
     resolution which is introduced within the 10-day period 
     beginning on the date on which the President transmits the 
     report to Congress under section 2713(k), and--
       (1) which does not have a preamble;
       (2) the matter after the resolving clause of which is as 
     follows: ``That Congress disapproves the recommendations of 
     the Defense Base Closure and Realignment Commission as 
     submitted by the President on _______'', the blank space 
     being filled in with the appropriate date; and
       (3) the title of which is as follows: ``Joint resolution 
     disapproving the recommendations of the Defense Base Closure 
     and Realignment Commission.''.
       (b) Referral.--A resolution described in subsection (a) 
     that is introduced in the House of Representatives shall be 
     referred to the Committee on Armed Services of the House of 
     Representatives. A resolution described in subsection (a) 
     introduced in the Senate shall be referred to the Committee 
     on Armed Services of the Senate.
       (c) Discharge.--If the committee to which a resolution 
     described in subsection (a) is referred has not reported such 
     a resolution (or an identical resolution) by the end of the 
     20-day period beginning on the date on which the President 
     transmits the report to Congress under section 2713(k), such 
     committee shall be, at the end of such period, discharged 
     from further consideration of such resolution, and such 
     resolution shall be placed on the appropriate calendar of the 
     House involved.
       (d) Consideration.--(1) On or after the third day after the 
     date on which the committee to which such a resolution is 
     referred has reported, or has been discharged (under 
     subsection (c)) from further consideration of, such a 
     resolution, it is in order (even though a previous motion to 
     the same effect has been disagreed to) for any Member of the 
     respective House to move to proceed to the consideration of 
     the resolution. A member may make the motion only on the day 
     after the calendar day on which the Member announces to the 
     House concerned the Member's intention to make the motion, 
     except that, in the case of the House of Representatives, the 
     motion may be made without such prior announcement if the 
     motion is made by direction of the committee to which the 
     resolution was referred. All points of order against the 
     resolution (and against consideration of the resolution) are 
     waived. The motion is highly privileged in the House of 
     Representatives and is privileged in the Senate and is not 
     debatable. The motion is not subject to amendment, or to a 
     motion to postpone, or to a motion to proceed to the 
     consideration of other business. A motion to reconsider the 
     vote by which the motion is agreed to or disagreed to shall 
     not be in order. If a motion to proceed to the consideration 
     of the resolution is agreed to, the respective House shall 
     immediately proceed to consideration of the joint resolution 
     without intervening motion, order, or other business, and the 
     resolution shall remain the unfinished business of the 
     respective House until disposed of.
       (2) Debate on the resolution, and on all debatable motions 
     and appeals in connection therewith, shall be limited to not 
     more than two hours, which shall be divided equally between 
     those favoring and those opposing the resolution. An 
     amendment to the resolution is not in order. A motion further 
     to limit debate is in order and not debatable. A motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the resolution is not 
     in order. A motion to reconsider the vote by which the 
     resolution is agreed to or disagreed to is not in order.
       (3) Immediately following the conclusion of the debate on a 
     resolution described in subsection (a) and a single quorum 
     call at the conclusion of the debate if requested in 
     accordance with the rules of the appropriate House, the vote 
     on final passage of the resolution shall occur.
       (4) Appeals from the decisions of the Chair relating to the 
     application of the rules of the Senate or the House of 
     Representatives, as the case may be, to the procedure 
     relating to a resolution described in subsection (a) shall be 
     decided without debate.
       (e) Consideration by Other House.--(1) If, before the 
     passage by one House of a resolution of that House described 
     in subsection (a), that House receives from the other House a 
     resolution described in subsection (a), then the following 
     procedures shall apply:
       (A) The resolution of the other House shall not be referred 
     to a committee and may not be considered in the House 
     receiving it except in the case of final passage as provided 
     in subparagraph (B)(ii).
       (B) With respect to a resolution described in subsection 
     (a) of the House receiving the resolution--
       (i) the procedure in that House shall be the same as if no 
     resolution had been received from the other House; but
       (ii) the vote on final passage shall be on the resolution 
     of the other House.
       (2) Upon disposition of the resolution received from the 
     other House, it shall no longer be in order to consider the 
     resolution that originated in the receiving House.
       (f) Rules of the Senate and House.--This section is enacted 
     by Congress--

[[Page S3428]]

       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 2719. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY.

       (a) In General.--Except as provided in subsection (c), 
     during the period beginning on the date of the enactment of 
     this Act, and ending on April 15, 2020, this subtitle shall 
     be the exclusive authority for selecting for closure or 
     realignment, or for carrying out any closure or realignment 
     of, a military installation inside the United States.
       (b) Restriction.--Except as provided in subsection (c), 
     none of the funds available to the Department of Defense may 
     be used, other than under this subtitle, during the period 
     specified in subsection (a)--
       (1) to identify, through any transmittal to Congress or 
     through any other public announcement or notification, any 
     military installation inside the United States as an 
     installation to be closed or realigned or as an installation 
     under consideration for closure or realignment; or
       (2) to carry out any closure or realignment of a military 
     installation inside the United States.
       (c) Exception.--Nothing in this subtitle affects the 
     authority of the Secretary to carry out closures and 
     realignments to which section 2687 of title 10, United States 
     Code, is not applicable, including closures and realignments 
     carried out for reasons of national security or a military 
     emergency described in subsection (d) of such section.

     SEC. 2720. DEFINITIONS.

       In this subtitle:
       (1) The term ``Account'' means the Department of Defense 
     Base Closure Account established by section 2716(a)(1).
       (2) The term ``congressional defense committees'' means the 
     Committee on Armed Services and the Committee on 
     Appropriations of the Senate and the Committee on Armed 
     Services and the Committee on Appropriations of the House of 
     Representatives.
       (3) The term ``Commission'' means the Commission 
     established by section 2712.
       (4) The term ``military installation'' means a base, camp, 
     post, station, yard, center, homeport facility for any ship, 
     or other activity under the jurisdiction of the Department of 
     Defense, including any leased facility. Such term does not 
     include any facility used primarily for civil works, rivers 
     and harbors projects, flood control, or other projects not 
     under the primary jurisdiction or control of the Department 
     of Defense.
       (5) The term ``realignment'' includes any action which both 
     reduces and relocates functions and civilian personnel 
     positions but does not include a reduction in force resulting 
     from workload adjustments, reduced personnel or funding 
     levels, or skill imbalances.
       (6) The term ``Secretary'' means the Secretary of Defense.
       (7) The term ``United States'' means the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     the Virgin Islands, American Samoa, and any other 
     commonwealth, territory, or possession of the United States.
       (8) The term ``date of approval'', with respect to a 
     closure or realignment of an installation, means the date on 
     which the authority of Congress to disapprove a 
     recommendation of closure or realignment, as the case may be, 
     of such installation under this subtitle expires.
       (9) The term ``redevelopment authority'', in the case of an 
     installation to be closed or realigned under this subtitle, 
     means any entity (including an entity established by a State 
     or local government) recognized by the Secretary of Defense 
     as the entity responsible for developing the redevelopment 
     plan with respect to the installation or for directing the 
     implementation of such plan.
       (10) The term ``redevelopment plan'' in the case of an 
     installation to be closed or realigned under this subtitle, 
     means a plan that--
       (A) is agreed to by the local redevelopment authority with 
     respect to the installation; and
       (B) provides for the reuse or redevelopment of the real 
     property and personal property of the installation that is 
     available for such reuse and redevelopment as a result of the 
     closure or realignment of the installation.
       (11) The term ``representative of the homeless'' has the 
     meaning given such term in section 501(i)(4) of the Stewart 
     B. McKinney Homeless Assistance Act (42 U.S.C. 11411(i)(4)).

     SEC. 2721. TREATMENT AS A BASE CLOSURE LAW FOR PURPOSES OF 
                   OTHER PROVISIONS OF LAW.

       (a) Definition of ``Base Closure Law'' in Title 10.--
     Section 101(a)(17) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(D) The Defense Base Closure and Realignment Act of 
     2016.''.
       (b) Definition of ``Base Closure Law'' in Other Laws.--
       (1) Section 131(b) of Public Law 107-249 (10 U.S.C. 221 
     note) is amended by striking ``means'' and all that follows 
     and inserting ``has the meaning given the term `base closure 
     law' in section 101(a)(17) of title 10, United States 
     Code.''.
       (2) Section 1334(k)(1) of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     10 U.S.C. 2701 note) is amended by adding at the end the 
     following new subparagraph:
       ``(C) The Defense Base Closure and Realignment Act of 
     2016.''.
       (3) Section 2918(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     10 U.S.C. 2687 note) is amended by adding at the end the 
     following new subparagraph:
       ``(C) The Defense Base Closure and Realignment Act of 
     2016.''.

     SEC. 2722. CONFORMING AMENDMENTS.

       (a) Deposit and Use of Lease Proceeds.--Section 2667(e) of 
     title 10, United States Code, is amended--
       (1) in paragraph (5), by striking ``on or after January 1, 
     2005,'' and inserting ``from January 1, 2005 through December 
     31, 2005,''; and
       (2) by adding at the end the following new paragraph:
       ``(6) Money rentals received by the United States from a 
     lease under subsection (g) at a military installation 
     approved for closure or realignment under a base closure law 
     on or after January 1, 2006, shall be deposited into the 
     account established under section 2716 of the Defense Base 
     Closure and Realignment Act of 2016.''.
       (b) Restored Leave.--Section 6304(d)(3)(A) of title 5, 
     United States Code, is amended by striking ``the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note)'' and inserting ``a 
     base closure law, as that term is defined in section 
     101(a)(17) of title 10,''.
                                 ______
                                 
  SA 4380. Mr. CORKER 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 sections 2701 and 2702 and insert the following:

              Subtitle A--Authorization of Appropriations

     SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE 
                   REALIGNMENT AND CLOSURE ACTIVITIES FUNDED 
                   THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE 
                   ACCOUNT.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2016, for base 
     realignment and closure activities, including real property 
     acquisition and military construction projects, as authorized 
     by the Defense Base Closure and Realignment Act of 1990 (part 
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
     and funded through the Department of Defense Base Closure 
     Account established by section 2906 of such Act (as amended 
     by section 2711 of the Military Construction Authorization 
     Act for Fiscal Year 2013 (division B of Public Law 112-239; 
     126 Stat. 2140)), as specified in the funding table in 
     section 4601.

            Subtitle B--Defense Base Closure and Realignment

     SEC. 2711. SHORT TITLE; PURPOSE.

       (a) Short Title.--This subtitle may be cited as the 
     ``Defense Base Closure and Realignment Act of 2016''.
       (b) Purpose.--The purpose of this subtitle is to provide a 
     fair process that will result in the timely closure and 
     realignment of military installations in the United States.

     SEC. 2712. THE COMMISSION.

       (a) Establishment.--There is established an independent 
     commission to be known as the ``Defense Base Closure and 
     Realignment Commission''.
       (b) Duties.--The Commission shall carry out the duties 
     specified for the Commission in this subtitle.
       (c) Appointment.--(1)(A) The Commission shall be composed 
     of nine members appointed by the President, by and with the 
     advice and consent of the Senate.
       (B) Subject to the certifications required under section 
     2713(b), the President may commence a round for the selection 
     of military installations for closure and realignment under 
     this subtitle in 2019 by transmitting to the Senate 
     nominations for appointment to the Commission by not later 
     than February 1, 2019.
       (C) If the President does not transmit to Congress the 
     nominations for appointment to the Commission on or before 
     February 1, 2019, the process by which military installations 
     may be selected for closure or realignment under this 
     subtitle shall be terminated.
       (2) In selecting individuals for nominations for 
     appointments to the Commission, the President should consult 
     with--
       (A) the Speaker of the House of Representatives concerning 
     the appointment of two members;
       (B) the majority leader of the Senate concerning the 
     appointment of two members;
       (C) the minority leader of the House of Representatives 
     concerning the appointment of one member; and
       (D) the minority leader of the Senate concerning the 
     appointment of one member.
       (3) At the time the President nominates individuals for 
     appointment to the Commission, the President shall designate 
     one such

[[Page S3429]]

     individual who shall serve as Chairman of the Commission.
       (d) Terms.--(1) Except as provided in paragraph (2), each 
     member of the Commission shall serve until December 31, 2019.
       (2) The Chairman of the Commission shall serve until the 
     confirmation of a successor.
       (e) Meetings.--(1) The Commission shall meet only during 
     calendar year 2019.
       (2)(A) Each meeting of the Commission, other than meetings 
     in which classified information is to be discussed, shall be 
     open to the public.
       (B) All the proceedings, information, and deliberations of 
     the Commission shall be open, upon request, to the following:
       (i) The Chairman and the ranking minority party member of 
     the Subcommittee on Readiness and Management Support of the 
     Committee on Armed Services of the Senate, or such other 
     members of the Subcommittee designated by such Chairman or 
     ranking minority party member.
       (ii) The Chairman and the ranking minority party member of 
     the Subcommittee on Readiness of the Committee on Armed 
     Services of the House of Representatives, or such other 
     members of the Subcommittee designated by such Chairman or 
     ranking minority party member.
       (iii) The Chairmen and ranking minority party members of 
     the subcommittees with jurisdiction for military construction 
     of the Committees on Appropriations of the Senate and of the 
     House of Representatives, or such other members of the 
     subcommittees designated by such Chairmen or ranking minority 
     party members.
       (iv) The Chairmen and ranking minority party members of the 
     Subcommittees on Defense of the Committees on Appropriations 
     of the Senate and the House of Representatives, or such other 
     members of the subcommittees designated by such Chairmen or 
     ranking minority party members.
       (C) A member of the Commission shall be recused from 
     consideration of matters before the Commission in accordance 
     with section 208 of title 18, United States Code. A member of 
     the Commission shall not participate in the deliberations on, 
     or vote regarding any matter from which the member is 
     recused.
       (f) Vacancies.--A vacancy in the Commission shall be filled 
     in the same manner as the original appointment, but the 
     individual appointed to fill the vacancy shall serve only for 
     the unexpired portion of the term for which the individual's 
     predecessor was appointed.
       (g) Pay and Travel Expenses.--(1)(A) Each member, other 
     than the Chairman, shall be paid at a rate equal to the daily 
     equivalent of the minimum annual rate of basic pay payable 
     for level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code, for each day (including travel 
     time) during which the member is engaged in the actual 
     performance of duties vested in the Commission.
       (B) The Chairman shall be paid for each day referred to in 
     subparagraph (A) at a rate equal to the daily equivalent of 
     the minimum annual rate of basic pay payable for level III of 
     the Executive Schedule under section 5314, of title 5, United 
     States Code.
       (2) Members shall receive travel expenses, including per 
     diem in lieu of subsistence, in accordance with sections 5702 
     and 5703 of title 5, United States Code.
       (h) Director of Staff.--(1) The Commission shall, without 
     regard to section 5311 of title 5, United States Code, 
     appoint a Director who has not served on active duty in the 
     Armed Forces or as a civilian employee of the Department of 
     Defense during the one-year period preceding the date of such 
     appointment.
       (2) The Director shall be paid at the rate of basic pay 
     payable for level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (i) Staff.--(1) Subject to paragraphs (2) and (3), the 
     Director, with the approval of the Commission, may appoint 
     and fix the pay of additional personnel.
       (2) The Director may make such appointments without regard 
     to the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and any personnel so 
     appointed may be paid without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of that title 
     relating to classification and General Schedule pay rates, 
     except that an individual so appointed may not receive pay in 
     excess of the annual rate of basic pay payable for GS-15 of 
     the General Schedule.
       (3)(A) Not more than one-third of the personnel employed by 
     or detailed to the Commission may be on detail from the 
     Department of Defense.
       (B)(i) Not more than one-fifth of the professional analysts 
     of the Commission staff may be persons detailed from the 
     Department of Defense to the Commission.
       (ii) No person detailed from the Department of Defense to 
     the Commission may be assigned as the lead professional 
     analyst with respect to a military department or defense 
     agency.
       (C) A person may not be detailed from the Department of 
     Defense to the Commission if, within one year before the 
     detail is to begin, that person participated personally and 
     substantially in any matter within the Department of Defense 
     concerning the preparation of recommendations for closures or 
     realignments of military installations.
       (D) No member of the Armed Forces, and no officer or 
     employee of the Department of Defense, may--
       (i) prepare any report concerning the effectiveness, 
     fitness, or efficiency of the performance on the staff of the 
     Commission of any person detailed from the Department of 
     Defense to that staff;
       (ii) review the preparation of such a report; or
       (iii) approve or disapprove such a report.
       (4) Upon request of the Director, the head of any Federal 
     agency may detail any of the personnel of that agency to the 
     Commission to assist the Commission in carrying out its 
     duties under this subtitle.
       (5) The Comptroller General of the United States shall 
     provide assistance, including the detailing of employees, to 
     the Commission in accordance with an agreement entered into 
     with the Commission.
       (6) Not later than April 1, 2019, the Chairman of the 
     Commission shall certify to the congressional defense 
     committees regarding whether the Commission and its staff 
     have adequate capacity to review the recommendations to be 
     submitted by the Secretary of Defense pursuant to section 
     2713.
       (7) The following restrictions relating to the personnel of 
     the Commission shall apply during the period beginning on 
     January 1, 2020, and ending on April 15, 2020:
       (A) There may not be more than 15 persons on the staff at 
     any one time.
       (B) The staff may perform only such functions as are 
     necessary--
       (i) to prepare for the termination of the Commission; and
       (ii) to transfer all records of the Commission to the 
     Secretary of Defense or national archives.
       (C) No member of the Armed Forces and no employee of the 
     Department of Defense may serve on the staff.
       (j) Other Authority.--(1) The Commission may procure by 
     contract, to the extent funds are available, the temporary or 
     intermittent services of experts or consultants pursuant to 
     section 3109 of title 5, United States Code.
       (2) The Commission may lease space and acquire personal 
     property to the extent funds are available.
       (k) Funding.--(1) There are authorized to be appropriated 
     to the Commission such funds as are necessary to carry out 
     its duties under this subtitle. Such funds shall remain 
     available until expended.
       (2) If no funds are appropriated to the Commission by the 
     end of the second session of the 115th Congress, the 
     Secretary of Defense may transfer to the Commission for 
     purposes of its activities under this subtitle such funds as 
     the Commission may require to carry out such activities. The 
     Secretary may transfer funds under the preceding sentence 
     from any funds available to the Secretary. Funds so 
     transferred shall remain available to the Commission for such 
     purposes until expended.
       (l) Termination.--The Commission shall terminate on April 
     15, 2020.
       (m) Prohibition Against Restricting Communications.--
     Section 1034 of title 10, United States Code, shall apply 
     with respect to communications with the Commission.

     SEC. 2713. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE 
                   CLOSURES AND REALIGNMENTS.

       (a) Force-structure Plan and Infrastructure Inventory.--(1) 
     As part of the budget justification documents submitted to 
     Congress in support of the budget for the Department of 
     Defense for fiscal year 2019, the Secretary shall submit to 
     Congress the following:
       (A) A force-structure plan for the Armed Forces based on an 
     assessment by the Secretary of the probable threats to the 
     national security during the 20-year period beginning with 
     that fiscal year, the probable end-strength levels and major 
     military force units (including land force divisions, carrier 
     and other major combatant vessels, air wings, and other 
     comparable units) needed to meet those threats, and the 
     anticipated levels of funding that will be available for 
     national defense purposes during such period.
       (B) A comprehensive inventory of military installations 
     world-wide for each military department, with specifications 
     of the number and type of facilities in the active and 
     reserve forces of each military department.
       (2) Using the force-structure plan and infrastructure 
     inventory prepared under paragraph (1), the Secretary shall 
     prepare (and include as part of the submission of such plan 
     and inventory) the following:
       (A) A description of the infrastructure necessary to 
     support the force structure described in the force-structure 
     plan.
       (B) A discussion of categories of excess infrastructure and 
     infrastructure capacity.
       (C) An economic analysis of the effect of the closure or 
     realignment of military installations to reduce excess 
     infrastructure.
       (3) In determining the level of necessary versus excess 
     infrastructure under paragraph (2), the Secretary shall 
     consider the following:
       (A) The anticipated continuing need for and availability of 
     military installations outside the United States, taking into 
     account current restrictions on the use of military 
     installations outside the United States and the potential for 
     future prohibitions or restrictions on the use of such 
     military installations.
       (B) Any efficiencies that may be gained from joint tenancy 
     by more than one branch of the Armed Forces at a military 
     installation.
       (4) The Secretary may revise the force-structure plan and 
     infrastructure inventory prepared under paragraph (1). If the 
     Secretary makes such a revision, the Secretary shall submit 
     the revised plan or inventory to Congress not later than 
     February 15, 2019.

[[Page S3430]]

     For purposes of selecting military installations for closure 
     or realignment under this subtitle, no revision of the force-
     structure plan or infrastructure inventory is authorized 
     after February 15, 2019.
       (b) Certification of Need for Further Closures and 
     Realignments.--(1) On the basis of the force-structure plan 
     and infrastructure inventory prepared under subsection (a) 
     and the descriptions and economic analysis prepared under 
     such subsection, the Secretary shall include as part of the 
     submission of the plan and inventory--
       (A) a certification regarding whether the need exists for 
     the closure or realignment of additional military 
     installations; and
       (B) if such need exists--
       (i) a certification that the additional round of closures 
     and realignments would result in annual net savings for each 
     of the military departments beginning not later than six 
     years following the commencement of such closures and 
     realignments; and
       (ii) a certification that the additional round of closures 
     and realignments will have the primary objective of 
     eliminating excess infrastructure capacity within the 
     Department of Defense and reconfiguring the infrastructure of 
     the Department to maximize efficiency and reduce costs.
       (2) If the Secretary does not include the certifications 
     referred to in paragraph (1) as part of the submission of the 
     force-structure plan and infrastructure inventory prepared 
     under subsection (a), the President may not commence a round 
     for the selection of military installations for closure and 
     realignment under this subtitle in the year following 
     submission of the force-structure plan and infrastructure 
     inventory.
       (c) Comptroller General Evaluation.--(1) If the 
     certification is provided under subsection (b), the 
     Comptroller General of the United States shall prepare an 
     evaluation of the following:
       (A) The force-structure plan and infrastructure inventory 
     prepared under subsection (a) and the final selection 
     criteria specified in paragraph (d), including an evaluation 
     of the accuracy and analytical sufficiency of such plan, 
     inventory, and criteria.
       (B) The need for the closure or realignment of additional 
     military installations.
       (2) The Comptroller General shall submit to Congress the 
     evaluation prepared under paragraph (1) not later than 60 
     days after the date on which the force-structure plan and 
     infrastructure inventory are submitted to Congress.
       (d) Final Selection Criteria.--(1) The final criteria to be 
     used by the Secretary in making recommendations for the 
     closure or realignment of military installations in the 
     United States under this subtitle shall be the military value 
     criteria specified in paragraph (2) and additional criteria 
     specified in paragraph (3).
       (2) The military value criteria specified in this paragraph 
     are as follows:
       (A) The current and future mission capabilities and the 
     impact on operational readiness of the total force of the 
     Department of Defense, including the impact on joint 
     warfighting, training, and readiness.
       (B) The availability and condition of land, facilities, and 
     associated airspace (including training areas suitable for 
     maneuver by ground, naval, or air forces throughout a 
     diversity of climate and terrain areas and staging areas for 
     the use of the Armed Forces in homeland defense missions) at 
     both existing and potential receiving locations.
       (C) The ability to accommodate contingency, mobilization, 
     surge, and future total force requirements at both existing 
     and potential receiving locations to support operations and 
     training.
       (D) The cost of operations and the manpower implications.
       (3) The additional criteria that the Secretary shall use in 
     making recommendations for the closure or realignment of 
     military installations in the United States under this 
     subtitle are as follows:
       (A) The extent and timing of potential costs and savings, 
     including the number of years, beginning with the date of 
     completion of the closure or realignment, for the savings to 
     exceed the costs.
       (B) The economic impact on existing communities in the 
     vicinity of military installations.
       (C) The ability of the infrastructure of both the existing 
     and potential receiving communities to support forces, 
     missions, and personnel.
       (D) The environmental impact, including the impact of costs 
     related to potential environmental restoration, waste 
     management, and environmental compliance activities.
       (e) Priority Given to Military Value.--The Secretary shall 
     give priority consideration to the military value criteria 
     specified in subsection (d)(2) in the making of 
     recommendations for the closure or realignment of military 
     installations.
       (f) Determining Costs.--When determining the costs 
     associated with a closure or realignment of a military 
     installation under this subtitle, the Secretary shall 
     consider the costs associated with military construction, 
     information technology, termination of public-private 
     contracts, guarantees, the costs of any other activity of the 
     Department of Defense or another Federal agency that may be 
     required to assume responsibility for activities at the 
     military installation, and such other factors as the 
     Secretary determines as contributing to the cost of a closure 
     or realignment.
       (g) Emphasis Given to Savings.--(1) Subject to subsection 
     (e), the Secretary shall emphasize recommendations for the 
     closure or realignment of a military installation that yield 
     net savings within five years of completing such closure or 
     realignment.
       (2) The Secretary shall not consider any recommendation 
     that does not yield net savings within 20 years unless the 
     Secretary determines that the military value of such 
     recommendation supports or enhances a critical national 
     security interest of the United States.
       (h) Relation to Other Materials.--Except as provided in 
     subsection (g), the final selection criteria specified in 
     subsection (d) shall be the only criteria to be used, along 
     with the force-structure plan and infrastructure inventory 
     referred to in subsection (a), in making recommendations for 
     the closure or realignment of military installations in the 
     United States under this subtitle.
       (i) Department of Defense Recommendations.--(1) If the 
     Secretary makes the certifications required under subsection 
     (b), the Secretary shall, by no later than April 15, 2019, 
     publish in the Federal Register and transmit to the 
     congressional defense committees and to the Commission a list 
     of the military installations inside the United States that 
     the Secretary recommends for closure or realignment on the 
     basis of the force-structure plan and infrastructure 
     inventory prepared by the Secretary under subsection (a) and 
     the final selection criteria specified in subsection (d).
       (2) The Secretary shall include, with the list of 
     recommendations published and transmitted pursuant to 
     paragraph (1), a summary of the selection process that 
     resulted in the recommendation for each installation, 
     including a justification for each recommendation. The 
     Secretary shall transmit the matters referred to in the 
     preceding sentence not later than seven days after the date 
     of the transmittal to the congressional defense committees 
     and the Commission of the list referred to in paragraph (1).
       (3)(A) In considering military installations for closure or 
     realignment, the Secretary shall consider all military 
     installations in the United States equally without regard to 
     whether the installation has been previously considered or 
     proposed for closure or realignment by the Department.
       (B) In considering military installations for closure or 
     realignment, the Secretary may not take into account for any 
     purpose any advance conversion planning undertaken by an 
     affected community with respect to the anticipated closure or 
     realignment of an installation.
       (C) For purposes of subparagraph (B), in the case of a 
     community anticipating the economic effects of a closure or 
     realignment of a military installation, advance conversion 
     planning--
       (i) shall include community adjustment and economic 
     diversification planning undertaken by the community before 
     an anticipated selection of a military installation in or 
     near the community for closure or realignment; and
       (ii) may include the development of contingency 
     redevelopment plans, plans for economic development and 
     diversification, and plans for the joint use (including 
     civilian and military use, public and private use, civilian 
     dual use, and civilian shared use) of the property or 
     facilities of the installation after the anticipated closure 
     or realignment.
       (D) In making recommendations to the Commission, the 
     Secretary shall consider any notice received from a local 
     government in the vicinity of a military installation that 
     the government would approve of the closure or realignment of 
     the installation,
       (E) Notwithstanding the requirement in subparagraph (D), 
     the Secretary shall make the recommendations referred to in 
     that subparagraph based on the force-structure plan, 
     infrastructure inventory, and final selection criteria 
     otherwise applicable to such recommendations.
       (F) The recommendations shall include a statement of the 
     result of the consideration of any notice described in 
     subparagraph (D) that is received with respect to a military 
     installation covered by such recommendations. The statement 
     shall set forth the reasons for the result.
       (4) In addition to making all information used by the 
     Secretary to prepare the recommendations under this 
     subsection available to Congress (including any committee or 
     member of Congress), the Secretary shall also make such 
     information available to the Commission and the Comptroller 
     General of the United States.
       (5)(A) Each person referred to in subparagraph (B), when 
     submitting information to the Secretary of Defense or the 
     Commission concerning the closure or realignment of a 
     military installation, shall certify that such information is 
     accurate and complete to the best of that persons knowledge 
     and belief.
       (B) Subparagraph (A) applies to the following persons:
       (i) The Secretaries of the military departments.
       (ii) The heads of the Defense Agencies.
       (iii) Each person who is in a position the duties of which 
     include personal and substantial involvement in the 
     preparation and submission of information and recommendations 
     concerning the closure or realignment of military 
     installations, as designated in regulations that the 
     Secretary of Defense shall prescribe, regulations that the 
     Secretary of each military department shall prescribe for 
     personnel within that military department, or regulations 
     that the head of each Defense Agency shall prescribe for 
     personnel within that Defense Agency.

[[Page S3431]]

       (6) Any information provided to the Commission by a person 
     described in paragraph (5)(B) shall also be submitted to the 
     Senate and the House of Representatives to be made available 
     to the Members of the House concerned in accordance with the 
     rules of that House. The information shall be submitted to 
     the Senate and House of Representatives within 48 hours after 
     the submission of the information to the Commission.
       (j) Review and Recommendations by the Commission.--(1) 
     After receiving the recommendations from the Secretary 
     pursuant to subsection (i), the Commission shall conduct 
     public hearings on the recommendations. All testimony before 
     the Commission at a public hearing conducted under this 
     paragraph shall be presented under oath.
       (2)(A) The Commission shall, by no later than October 1, 
     2019, transmit to the President a report containing the 
     Commission's findings and conclusions based on a review and 
     analysis of the recommendations made by the Secretary 
     pursuant to subsection (i), together with the Commission's 
     recommendations for closures and realignments of military 
     installations in the United States.
       (B) Subject to subparagraphs (C) and (E), in making its 
     recommendations, the Commission may make changes in any of 
     the recommendations made by the Secretary if the Commission 
     determines that the Secretary deviated substantially from the 
     force-structure plan and final criteria referred to in 
     subsection (d)(1) in making recommendations.
       (C) In the case of a change described in subparagraph (D) 
     in the recommendations made by the Secretary, the Commission 
     may make the change only if--
       (i) the Commission--
       (I) makes the determination required by subparagraph (B);
       (II) determines that the change is consistent with the 
     force-structure plan and final criteria referred to in 
     subsection (d)(1);
       (III) publishes a notice of the proposed change in the 
     Federal Register not less than 45 days before transmitting 
     its recommendations to the President pursuant to subparagraph 
     (A); and
       (IV) conducts public hearings on the proposed change;
       (ii) at least two members of the Commission visit the 
     military installation before the date of the transmittal of 
     the report; and
       (iii) the decision of the Commission to make the change is 
     supported by at least seven members of the Commission.
       (D) Subparagraph (C) shall apply to a change by the 
     Commission in the Secretary's recommendations that would--
       (i) add a military installation to the list of military 
     installations recommended by the Secretary for closure;
       (ii) add a military installation to the list of military 
     installations recommended by the Secretary for realignment; 
     or
       (iii) increase the extent of a realignment of a particular 
     military installation recommended by the Secretary.
       (E) The Commission may not consider making a change in the 
     recommendations of the Secretary that would add a military 
     installation to the Secretary's list of installations 
     recommended for closure or realignment unless, in addition to 
     the requirements of subparagraph (C)--
       (i) the Commission provides the Secretary with at least a 
     15-day period, before making the change, in which to submit 
     an explanation of the reasons why the installation was not 
     included on the closure or realignment list by the Secretary; 
     and
       (ii) the decision to add the installation for Commission 
     consideration is supported by at least seven members of the 
     Commission.
       (F) In making recommendations under this paragraph, the 
     Commission may not take into account for any purpose any 
     advance conversion planning undertaken by an affected 
     community with respect to the anticipated closure or 
     realignment of a military installation.
       (3) The Commission shall explain and justify in its report 
     submitted to the President pursuant to paragraph (2) any 
     recommendation made by the Commission that is different from 
     the recommendations made by the Secretary pursuant to 
     subsection (i). The Commission shall transmit a copy of such 
     report to the congressional defense committees on the same 
     date on which it transmits its recommendations to the 
     President under paragraph (2).
       (4) After October 1, 2019, the Commission shall promptly 
     provide, upon request, to any Member of Congress information 
     used by the Commission in making its recommendations.
       (5) The Comptroller General of the United States shall--
       (A) assist the Commission, to the extent requested, in the 
     Commission's review and analysis of the recommendations made 
     by the Secretary pursuant to subsection (i); and
       (B) by not later than June 3, 2019, transmit to Congress 
     and to the Commission a report containing a detailed analysis 
     of the Secretary's recommendations and selection process.
       (k) Review by the President.--(1) The President shall, by 
     not later than October 15, 2019, transmit to the Commission 
     and to Congress a report containing the President's approval 
     or disapproval of the Commission's recommendations under 
     subsection (j).
       (2) If the President approves all the recommendations of 
     the Commission, the President shall transmit a copy of such 
     recommendations to Congress, together with a certification of 
     such approval.
       (3) If the President disapproves the recommendations of the 
     Commission, in whole or in part, the President shall transmit 
     to the Commission and Congress the reasons for that 
     disapproval. The Commission shall then transmit to the 
     President, by not later than November 18, 2019, a revised 
     list of recommendations for the closure and realignment of 
     military installations.
       (4) If the President approves all of the revised 
     recommendations of the Commission transmitted to the 
     President under paragraph (3), the President shall transmit a 
     copy of such revised recommendations to Congress, together 
     with a certification of such approval.
       (5) If the President does not transmit to Congress an 
     approval and certification described in paragraph (2) or (4) 
     by December 2, 2019, the process by which military 
     installations may be selected for closure or realignment 
     under this subtitle shall be terminated.

     SEC. 2714. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS.

       (a) In General.--Subject to subsection (b), the Secretary 
     shall--
       (1) close all military installations recommended for 
     closure by the Commission in each report transmitted to 
     Congress by the President pursuant to section 2713(k);
       (2) realign all military installations recommended for 
     realignment by such Commission in each such report;
       (3) carry out the privatization in place of a military 
     installation recommended for closure or realignment by the 
     Commission only if privatization in place is a method of 
     closure or realignment of the military installation specified 
     in the recommendations of the Commission in such report and 
     is determined by the Commission to be the most cost-effective 
     method of implementation of the recommendation;
       (4) initiate all such closures and realignments not later 
     than two years after the date on which the President 
     transmits a report to Congress pursuant to section 2713(k) 
     containing the recommendations for such closures or 
     realignments; and
       (5) complete all such closures and realignments not later 
     than the end of the six-year period beginning on the date on 
     which the President transmits the report pursuant to section 
     2713(k) containing the recommendations for such closures or 
     realignments.
       (b) Congressional Disapproval.--(1) The Secretary may not 
     carry out any closure or realignment recommended by the 
     Commission in a report transmitted from the President 
     pursuant to section 2713(k) if a joint resolution is enacted, 
     in accordance with the provisions of section 2718, 
     disapproving such recommendations of the Commission before 
     the earlier of--
       (A) the end of the 45-day period beginning on the date on 
     which the President transmits such report; or
       (B) the adjournment of Congress sine die for the session 
     during which such report is transmitted.
       (2) For purposes of paragraph (1) of this subsection and 
     subsections (a) and (c) of section 2718, the days on which 
     either House of Congress is not in session because of 
     adjournment of more than three days to a day certain shall be 
     excluded in the computation of a period.

     SEC. 2715. IMPLEMENTATION.

       (a) In General.--(1) In closing or realigning any military 
     installation under this subtitle, the Secretary may--
       (A) take such actions as may be necessary to close or 
     realign any military installation, including the acquisition 
     of such land, the construction of such replacement 
     facilities, the performance of such activities, and the 
     conduct of such advance planning and design as may be 
     required to transfer functions from a military installation 
     being closed or realigned to another military installation, 
     and may use for such purpose funds in the Account or funds 
     appropriated to the Department of Defense for use in planning 
     and design, minor construction, or operation and maintenance;
       (B)(i) provide--
       (I) economic adjustment assistance to any community located 
     near a military installation being closed or realigned, and
       (II) community planning assistance to any community located 
     near a military installation to which functions will be 
     transferred as a result of the closure or realignment of a 
     military installation,

     if the Secretary of Defense determines that the financial 
     resources available to the community (by grant or otherwise) 
     for such purposes are inadequate, and may use for such 
     purposes funds in the Account or funds appropriated to the 
     Department of Defense for economic adjustment assistance or 
     community planning assistance;
       (C) carry out activities for the purposes of environmental 
     restoration and mitigation at any such installation, and 
     shall use for such purposes funds in the Account.
       (D) provide outplacement assistance to civilian employees 
     employed by the Department of Defense at military 
     installations being closed or realigned, and may use for such 
     purpose funds in the Account or funds appropriated to the 
     Department of Defense for outplacement assistance to 
     employees; and
       (E) reimburse other Federal agencies for actions performed 
     at the request of the Secretary with respect to any such 
     closure or realignment, and may use for such purpose funds in 
     the Account or funds appropriated to the Department of 
     Defense and available for such purpose.
       (2) In carrying out any closure or realignment under this 
     subtitle, the Secretary shall

[[Page S3432]]

     ensure that environmental restoration of any property made 
     excess to the needs of the Department of Defense as a result 
     of such closure or realignment be carried out as soon as 
     possible with funds available for such purpose.
       (b) Management and Disposal of Property.--(1) The 
     Administrator of General Services shall delegate to the 
     Secretary of Defense, with respect to excess and surplus real 
     property, facilities, and personal property located at a 
     military installation closed or realigned under this 
     subtitle--
       (A) the authority of the Administrator to utilize excess 
     property under subchapter II of chapter 5 of title 40, United 
     States Code;
       (B) the authority of the Administrator to dispose of 
     surplus property under subchapter III of chapter 5 of title 
     40, United States Code;
       (C) the authority to dispose of surplus property for public 
     airports under sections 47151 through 47153 of title 49, 
     United States Code; and
       (D) the authority of the Administrator to determine the 
     availability of excess or surplus real property for wildlife 
     conservation purposes in accordance with the Act of May 19, 
     1948 (16 U.S.C. 667b et seq.).
       (2)(A) Subject to subparagraph (B) and paragraphs (3), (4), 
     (5), and (6), the Secretary of Defense shall exercise the 
     authority delegated to the Secretary pursuant to paragraph 
     (1) in accordance with all regulations governing the 
     utilization of excess property and the disposal of surplus 
     property under subtitle I of title 40, United States Code.
       (B) The Secretary may, with the concurrence of the 
     Administrator of General Services--
       (i) prescribe general policies and methods for utilizing 
     excess property and disposing of surplus property pursuant to 
     the authority delegated under paragraph (1); and
       (ii) issue regulations relating to such policies and 
     methods, which shall supersede the regulations referred to in 
     subparagraph (A) with respect to that authority.
       (C) The Secretary of Defense may transfer real property or 
     facilities located at a military installation to be closed or 
     realigned under this subtitle, with or without reimbursement, 
     to a military department or other entity (including a 
     nonappropriated fund instrumentality) within the Department 
     of Defense or the Coast Guard.
       (D) Before any action may be taken with respect to the 
     disposal of any surplus real property or facility located at 
     any military installation to be closed or realigned under 
     this subtitle, the Secretary of Defense shall consult with 
     the Governor of the State and the heads of the local 
     governments concerned for the purpose of considering any plan 
     for the use of such property by the local community 
     concerned.
       (E) If a military installation to be closed, realigned, or 
     placed in an inactive status under this subtitle includes a 
     road used for public access through, into, or around the 
     installation, the Secretary of Defense shall consult with the 
     Governor of the State and the heads of the local governments 
     concerned for the purpose of considering the continued 
     availability of the road for public use after the 
     installation is closed, realigned, or placed in an inactive 
     status.
       (3)(A) Not later than 180 days after the date of approval 
     of the closure or realignment of a military installation 
     under this subtitle, the Secretary, in consultation with the 
     redevelopment authority with respect to the installation, 
     shall--
       (i) inventory the personal property located at the 
     installation; and
       (ii) identify the items (or categories of items) of such 
     personal property that the Secretary determines to be related 
     to real property and anticipates will support the 
     implementation of the redevelopment plan with respect to the 
     installation.
       (B) If no redevelopment authority referred to in 
     subparagraph (A) exists with respect to an installation, the 
     Secretary shall consult with--
       (i) the local government in whose jurisdiction the 
     installation is wholly located; or
       (ii) a local government agency or State government agency 
     designated for the purpose of such consultation by the chief 
     executive officer of the State in which the installation is 
     located.
       (C)(i) Except as provided in subparagraphs (E) and (F), the 
     Secretary may not carry out any of the activities specified 
     in clause (ii) with respect to an installation referred to in 
     that clause until the earlier of--
       (I) one week after the date on which the redevelopment plan 
     for the installation is submitted to the Secretary;
       (II) the date on which the redevelopment authority notifies 
     the Secretary that it will not submit such a plan;
       (III) two years after the date of approval of the closure 
     or realignment of the installation; or
       (IV) 90 days before the date of the closure or realignment 
     of the installation.
       (ii) The activities specified in this clause are activities 
     relating to the closure or realignment of an installation to 
     be closed or realigned under this subtitle as follows:
       (I) The transfer from the installation of items of personal 
     property at the installation identified in accordance with 
     subparagraph (A).
       (II) The reduction in maintenance and repair of facilities 
     or equipment located at the installation below the minimum 
     levels required to support the use of such facilities or 
     equipment for nonmilitary purposes.
       (D) Except as provided in paragraph (4), the Secretary may 
     not transfer items of personal property located at an 
     installation to be closed or realigned under this subtitle to 
     another installation, or dispose of such items, if such items 
     are identified in the redevelopment plan for the installation 
     as items essential to the reuse or redevelopment of the 
     installation. In connection with the development of the 
     redevelopment plan for the installation, the Secretary shall 
     consult with the entity responsible for developing the 
     redevelopment plan to identify the items of personal property 
     located at the installation, if any, that the entity desires 
     to be retained at the installation for reuse or redevelopment 
     of the installation.
       (E) This paragraph shall not apply to any personal property 
     located at an installation to be closed or realigned under 
     this subtitle if the property--
       (i) is required for the operation of a unit, function, 
     component, weapon, or weapons system at another installation;
       (ii) is uniquely military in character, and is likely to 
     have no civilian use (other than use for its material content 
     or as a source of commonly used components);
       (iii) is not required for the reutilization or 
     redevelopment of the installation (as jointly determined by 
     the Secretary and the redevelopment authority);
       (iv) is stored at the installation for purposes of 
     distribution (including spare parts or stock items); or
       (v)(I) meets known requirements of an authorized program of 
     another Federal agency for which expenditures for similar 
     property would be necessary; and
       (II) is the subject of a written request by the head of the 
     agency.
       (F) Notwithstanding subparagraphs (C)(i) and (D), the 
     Secretary may carry out any activity referred to in 
     subparagraph (C)(ii) or (D) if the Secretary determines that 
     the carrying out of such activity is in the national security 
     interest of the United States.
       (4)(A) The Secretary may transfer real property and 
     personal property located at a military installation to be 
     closed or realigned under this subtitle to the redevelopment 
     authority with respect to the installation for purposes of 
     job generation on the installation.
       (B) The transfer of property located at a military 
     installation under subparagraph (A) may be for consideration 
     at or below the estimated fair market value or without 
     consideration. The determination of such consideration may 
     account for the economic conditions of the local affected 
     community and the estimated costs to redevelop the property. 
     The Secretary may accept, as consideration, a share of the 
     revenues that the redevelopment authority receives from 
     third-party buyers or lessees from sales and long-term leases 
     of the conveyed property, consideration in kind (including 
     goods and services), real property and improvements, or such 
     other consideration as the Secretary considers appropriate. 
     The transfer of property located at a military installation 
     under subparagraph (A) may be made for consideration below 
     the estimated fair market value or without consideration only 
     if the redevelopment authority with respect to the 
     installation--
       (i) agrees that the proceeds from any sale or lease of the 
     property (or any portion thereof) received by the 
     redevelopment authority during at least the first seven years 
     after the date of the initial transfer of property under 
     subparagraph (A) shall be used to support the economic 
     redevelopment of, or related to, the installation; and
       (ii) executes the agreement for transfer of the property 
     and accepts control of the property within a reasonable time 
     after the date of the property disposal record of decision or 
     finding of no significant impact under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (C) For purposes of subparagraph (B)(i), the use of 
     proceeds from a sale or lease described in such subparagraph 
     to pay for, or offset the costs of, public investment on or 
     related to the installation for any of the following purposes 
     shall be considered a use to support the economic 
     redevelopment of, or related to, the installation:
       (i) Road construction.
       (ii) Transportation management facilities.
       (iii) Storm and sanitary sewer construction.
       (iv) Police and fire protection facilities and other public 
     facilities.
       (v) Utility construction.
       (vi) Building rehabilitation.
       (vii) Historic property preservation.
       (viii) Pollution prevention equipment or facilities.
       (ix) Demolition.
       (x) Disposal of hazardous materials generated by 
     demolition.
       (xi) Landscaping, grading, and other site or public 
     improvements.
       (xii) Planning for or the marketing of the development and 
     reuse of the installation.
       (D) The Secretary may recoup from a redevelopment authority 
     such portion of the proceeds from a sale or lease described 
     in subparagraph (B) as the Secretary determines appropriate 
     if the redevelopment authority does not use the proceeds to 
     support economic redevelopment of, or related to, the 
     installation for the period specified in subparagraph (B).
       (E)(i) The Secretary may transfer real property at an 
     installation approved for closure or realignment under this 
     subtitle (including property at an installation approved for 
     realignment which will be retained by

[[Page S3433]]

     the Department of Defense or another Federal agency after 
     realignment) to the redevelopment authority for the 
     installation if the redevelopment authority agrees to lease, 
     directly upon transfer, one or more portions of the property 
     transferred under this subparagraph to the Secretary or to 
     the head of another Federal agency. Subparagraph (B) shall 
     apply to a transfer under this subparagraph.
       (ii) A lease under clause (i) shall be for a term of not to 
     exceed 50 years, but may provide for options for renewal or 
     extension of the term by the agency concerned.
       (iii) A lease under clause (i) may not require rental 
     payments by the United States.
       (iv) A lease under clause (i) shall include a provision 
     specifying that if the agency concerned ceases requiring the 
     use of the leased property before the expiration of the term 
     of the lease, the remainder of the lease term may be 
     satisfied by the same or another Federal agency using the 
     property for a use similar to the use under the lease. 
     Exercise of the authority provided by this clause shall be 
     made in consultation with the redevelopment authority 
     concerned.
       (v) Notwithstanding clause (iii), if a lease under clause 
     (i) involves a substantial portion of the installation, the 
     agency concerned may obtain facility services for the leased 
     property and common area maintenance from the redevelopment 
     authority or the redevelopment authority's assignee as a 
     provision of the lease. The facility services and common area 
     maintenance shall be provided at a rate no higher than the 
     rate charged to non-Federal tenants of the transferred 
     property. Facility services and common area maintenance 
     covered by the lease shall not include--
       (I) municipal services that a State or local government is 
     required by law to provide to all landowners in its 
     jurisdiction without direct charge; or
       (II) firefighting or security-guard functions.
       (F) The transfer of personal property under subparagraph 
     (A) shall not be subject to the provisions of subchapters II 
     and III of chapter 5 of title 40, United States Code, if the 
     Secretary determines that the transfer of such property is 
     necessary for the effective implementation of a redevelopment 
     plan with respect to the installation at which such property 
     is located.
       (G) The provisions of section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real 
     property under this paragraph.
       (H) The Secretary may require any additional terms and 
     conditions in connection with a transfer under this paragraph 
     as the Secretary considers appropriate to protect the 
     interests of the United States.
       (5)(A) Except as provided in subparagraphs (B) and (C), the 
     Secretary shall take such actions as the Secretary determines 
     necessary to ensure that final determinations under paragraph 
     (1) regarding whether another Federal agency has identified a 
     use for any portion of a military installation to be closed 
     or realigned under this subtitle, or will accept transfer of 
     any portion of such installation, are made not later than180 
     days after the date of approval of closure or realignment of 
     that installation.
       (B) The Secretary may, in consultation with the 
     redevelopment authority with respect to an installation, 
     postpone making the final determinations referred to in 
     subparagraph (A) with respect to the installation for such 
     period as the Secretary determines appropriate if the 
     Secretary determines that such postponement is in the best 
     interests of the communities affected by the closure or 
     realignment of the installation.
       (C)(i) Before acquiring non-Federal real property as the 
     location for a new or replacement Federal facility of any 
     type, the head of the Federal agency acquiring the property 
     shall consult with the Secretary regarding the feasibility 
     and cost advantages of using Federal property or facilities 
     at a military installation closed or realigned or to be 
     closed or realigned under this subtitle as the location for 
     the new or replacement facility. In considering the 
     availability and suitability of a specific military 
     installation, the Secretary and the head of the Federal 
     agency involved shall obtain the concurrence of the 
     redevelopment authority with respect to the installation and 
     comply with the redevelopment plan for the installation.
       (ii) Not later than 30 days after acquiring non-Federal 
     real property as the location for a new or replacement 
     Federal facility, the head of the Federal agency acquiring 
     the property shall submit to Congress a report containing the 
     results of the consultation under clause (i) and the reasons 
     why military installations referred to in such clause that 
     are located within the area to be served by the new or 
     replacement Federal facility or within a 200-mile radius of 
     the new or replacement facility, whichever area is greater, 
     were considered to be unsuitable or unavailable for the site 
     of the new or replacement facility.
       (6)(A) The disposal of buildings and property located at 
     installations approved for closure or realignment under this 
     subtitle shall be carried out in accordance with this 
     paragraph.
       (B)(i) Not later than the date on which the Secretary of 
     Defense completes the final determinations referred to in 
     paragraph (5) relating to the use or transferability of any 
     portion of an installation covered by this paragraph, the 
     Secretary shall--
       (I) identify the buildings and property at the installation 
     for which the Department of Defense has a use, for which 
     another Federal agency has identified a use, or of which 
     another Federal agency will accept a transfer;
       (II) take such actions as are necessary to identify any 
     building or property at the installation not identified under 
     subclause (I) that is excess property or surplus property;
       (III) submit to the Secretary of Housing and Urban 
     Development and to the redevelopment authority for the 
     installation (or the chief executive officer of the State in 
     which the installation is located if there is no 
     redevelopment authority for the installation at the 
     completion of such final determinations) information on any 
     building or property that is identified under subclause (II); 
     and
       (IV) publish in the Federal Register and in a newspaper of 
     general circulation in the communities in the vicinity of the 
     installation information on the buildings and property 
     identified under subclause (II).
       (ii) Upon the recognition of a redevelopment authority for 
     an installation covered by this paragraph, the Secretary of 
     Defense shall publish in the Federal Register and in a 
     newspaper of general circulation in the communities in the 
     vicinity of the installation information on the redevelopment 
     authority.
       (C)(i) State and local governments, representatives of the 
     homeless, and other interested parties located in the 
     communities in the vicinity of an installation covered by 
     this paragraph shall submit to the redevelopment authority 
     for the installation a notice of the interest, if any, of 
     such governments, representatives, and parties in the 
     buildings or property, or any portion thereof, at the 
     installation that are identified under subparagraph 
     (B)(i)(II). A notice of interest under this clause shall 
     describe the need of the government, representative, or party 
     concerned for the buildings or property covered by the 
     notice.
       (ii) The redevelopment authority for an installation shall 
     assist the governments, representatives, and parties referred 
     to in clause (i) in evaluating buildings and property at the 
     installation for purposes of this subparagraph.
       (iii) In providing assistance under clause (ii), a 
     redevelopment authority shall--
       (I) consult with representatives of the homeless in the 
     communities in the vicinity of the installation concerned; 
     and
       (II) undertake outreach efforts to provide information on 
     the buildings and property to representatives of the 
     homeless, and to other persons or entities interested in 
     assisting the homeless, in such communities.
       (iv) It is the sense of Congress that redevelopment 
     authorities should begin to conduct outreach efforts under 
     clause (iii)(II) with respect to an installation as soon as 
     practicable after the date of approval of closure or 
     realignment of the installation.
       (D)(i) State and local governments, representatives of the 
     homeless, and other interested parties shall submit a notice 
     of interest to a redevelopment authority under subparagraph 
     (C) not later than the date specified for such notice by the 
     redevelopment authority.
       (ii) The date specified under clause (i) shall be--
       (I) in the case of an installation for which a 
     redevelopment authority has been recognized as of the date of 
     the completion of the determinations referred to in paragraph 
     (5), not earlier than 90 days and not later than 180 days 
     after the date of publication of such determination in a 
     newspaper of general circulation in the communities in the 
     vicinity of the installation under subparagraph (B)(i)(IV); 
     and
       (II) in the case of an installation for which a 
     redevelopment authority is not recognized as of such date, 
     not earlier than 90 days and not later than 180 days after 
     the date of the recognition of a redevelopment authority for 
     the installation.
       (iii) Upon specifying a date for an installation under this 
     subparagraph, the redevelopment authority for the 
     installation shall--
       (I) publish the date specified in a newspaper of general 
     circulation in the communities in the vicinity of the 
     installation concerned; and
       (II) notify the Secretary of Defense of the date.
       (E)(i) In submitting to a redevelopment authority under 
     subparagraph (C) a notice of interest in the use of buildings 
     or property at an installation to assist the homeless, a 
     representative of the homeless shall submit the following:
       (I) A description of the homeless assistance program that 
     the representative proposes to carry out at the installation.
       (II) An assessment of the need for the program.
       (III) A description of the extent to which the program is 
     or will be coordinated with other homeless assistance 
     programs in the communities in the vicinity of the 
     installation.
       (IV) A description of the buildings and property at the 
     installation that are necessary in order to carry out the 
     program.
       (V) A description of the financial plan, the organization, 
     and the organizational capacity of the representative to 
     carry out the program.
       (VI) An assessment of the time required in order to 
     commence carrying out the program.
       (ii) A redevelopment authority may not release to the 
     public any information submitted to the redevelopment 
     authority under clause (i)(V) without the consent of the 
     representative of the homeless concerned unless such release 
     is authorized under Federal law

[[Page S3434]]

     and under the law of the State and communities in which the 
     installation concerned is located.
       (F)(i) The redevelopment authority for each installation 
     covered by this paragraph shall prepare a redevelopment plan 
     for the installation. The redevelopment authority shall, in 
     preparing the plan, consider the interests in the use to 
     assist the homeless of the buildings and property at the 
     installation that are expressed in the notices submitted to 
     the redevelopment authority under subparagraph (C).
       (ii)(I) In connection with a redevelopment plan for an 
     installation, a redevelopment authority and representatives 
     of the homeless shall prepare legally binding agreements that 
     provide for the use to assist the homeless of buildings and 
     property, resources, and assistance on or off the 
     installation. The implementation of such agreements shall be 
     contingent upon the decision regarding the disposal of the 
     buildings and property covered by the agreements by the 
     Secretary of Defense under subparagraph (K) or (L).
       (II) Agreements under this clause shall provide for the 
     reversion to the redevelopment authority concerned, or to 
     such other entity or entities as the agreements shall 
     provide, of buildings and property that are made available 
     under this paragraph for use to assist the homeless in the 
     event that such buildings and property cease being used for 
     that purpose.
       (iii) A redevelopment authority shall provide opportunity 
     for public comment on a redevelopment plan before submission 
     of the plan to the Secretary of Defense and the Secretary of 
     Housing and Urban Development under subparagraph (G).
       (iv) A redevelopment authority shall complete preparation 
     of a redevelopment plan for an installation and submit the 
     plan under subparagraph (G) not later than 270 days after the 
     date specified by the redevelopment authority for the 
     installation under subparagraph (D).
       (G)(i) Upon completion of a redevelopment plan under 
     subparagraph (F), a redevelopment authority shall submit an 
     application containing the plan to the Secretary of Defense 
     and the Secretary of Housing and Urban Development.
       (ii) A redevelopment authority shall include in an 
     application under clause (i) the following:
       (I) A copy of the redevelopment plan, including a summary 
     of any public comments on the plan received by the 
     redevelopment authority under subparagraph (F)(iii).
       (II) A copy of each notice of interest of use of buildings 
     and property to assist the homeless that was submitted to the 
     redevelopment authority under subparagraph (C), together with 
     a description of the manner, if any, in which the plan 
     addresses the interest expressed in each such notice and, if 
     the plan does not address such an interest, an explanation 
     why the plan does not address the interest.
       (III) A summary of the outreach undertaken by the 
     redevelopment authority under subparagraph (C)(iii)(II) in 
     preparing the plan.
       (IV) A statement identifying the representatives of the 
     homeless and the homeless assistance planning boards, if any, 
     with which the redevelopment authority consulted in preparing 
     the plan, and the results of such consultations.
       (V) An assessment of the manner in which the redevelopment 
     plan balances the expressed needs of the homeless and the 
     need of the communities in the vicinity of the installation 
     for economic redevelopment and other development.
       (VI) Copies of the agreements that the redevelopment 
     authority proposes to enter into under subparagraph (F)(ii).
       (H)(i) Not later than 60 days after receiving a 
     redevelopment plan under subparagraph (G), the Secretary of 
     Housing and Urban Development shall complete a review of the 
     plan. The purpose of the review is to determine whether the 
     plan, with respect to the expressed interest and requests of 
     representatives of the homeless--
       (I) takes into consideration the size and nature of the 
     homeless population in the communities in the vicinity of the 
     installation, the availability of existing services in such 
     communities to meet the needs of the homeless in such 
     communities, and the suitability of the buildings and 
     property covered by the plan for the use and needs of the 
     homeless in such communities;
       (II) takes into consideration any economic impact of the 
     homeless assistance under the plan on the communities in the 
     vicinity of the installation;
       (III) balances in an appropriate manner the needs of the 
     communities in the vicinity of the installation for economic 
     redevelopment and other development with the needs of the 
     homeless in such communities;
       (IV) was developed in consultation with representatives of 
     the homeless and the homeless assistance planning boards, if 
     any, in the communities in the vicinity of the installation; 
     and
       (V) specifies the manner in which buildings and property, 
     resources, and assistance on or off the installation will be 
     made available for homeless assistance purposes.
       (ii) It is the sense of Congress that the Secretary of 
     Housing and Urban Development shall, in completing the review 
     of a plan under this subparagraph, take into consideration 
     and be receptive to the predominant views on the plan of the 
     communities in the vicinity of the installation covered by 
     the plan.
       (iii) The Secretary of Housing and Urban Development may 
     engage in negotiations and consultations with a redevelopment 
     authority before or during the course of a review under 
     clause (i) with a view toward resolving any preliminary 
     determination of the Secretary that a redevelopment plan does 
     not meet a requirement set forth in that clause. The 
     redevelopment authority may modify the redevelopment plan as 
     a result of such negotiations and consultations.
       (iv) Upon completion of a review of a redevelopment plan 
     under clause (i), the Secretary of Housing and Urban 
     Development shall notify the Secretary of Defense and the 
     redevelopment authority concerned of the determination of the 
     Secretary of Housing and Urban Development under that clause.
       (v) If the Secretary of Housing and Urban Development 
     determines as a result of such a review that a redevelopment 
     plan does not meet the requirements set forth in clause (i), 
     a notice under clause (iv) shall include--
       (I) an explanation of that determination; and
       (II) a statement of the actions that the redevelopment 
     authority must undertake in order to address that 
     determination.
       (I)(i) Upon receipt of a notice under subparagraph (H)(iv) 
     of a determination that a redevelopment plan does not meet a 
     requirement set forth in subparagraph (H)(i), a redevelopment 
     authority shall have the opportunity to--
       (I) revise the plan in order to address the determination; 
     and
       (II) submit the revised plan to the Secretary of Defense 
     and the Secretary of Housing and Urban Development.
       (ii) A redevelopment authority shall submit a revised plan 
     under this subparagraph to such Secretaries, if at all, not 
     later than 90 days after the date on which the redevelopment 
     authority receives the notice referred to in clause (i).
       (J)(i) Not later than 30 days after receiving a revised 
     redevelopment plan under subparagraph (I), the Secretary of 
     Housing and Urban Development shall review the revised plan 
     and determine if the plan meets the requirements set forth in 
     subparagraph (H)(i).
       (ii) The Secretary of Housing and Urban Development shall 
     notify the Secretary of Defense and the redevelopment 
     authority concerned of the determination of the Secretary of 
     Housing and Urban Development under this subparagraph.
       (K)(i) Upon receipt of a notice under subparagraph (H)(iv) 
     or (J)(ii) of the determination of the Secretary of Housing 
     and Urban Development that a redevelopment plan for an 
     installation meets the requirements set forth in subparagraph 
     (H)(i), the Secretary of Defense shall dispose of the 
     buildings and property at the installation.
       (ii) For purposes of carrying out an environmental 
     assessment of the closure or realignment of an installation, 
     the Secretary of Defense shall treat the redevelopment plan 
     for the installation (including the aspects of the plan 
     providing for disposal to State or local governments, 
     representatives of the homeless, and other interested 
     parties) as part of the proposed Federal action for the 
     installation.
       (iii) The Secretary of Defense shall dispose of buildings 
     and property under clause (i) in accordance with the record 
     of decision or other decision document prepared by the 
     Secretary in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the 
     record of decision or other decision document, the Secretary 
     shall give substantial deference to the redevelopment plan 
     concerned.
       (iv) The disposal under clause (i) of buildings and 
     property to assist the homeless shall be without 
     consideration.
       (v) In the case of a request for a conveyance under clause 
     (i) of buildings and property for public benefit under 
     section 550 of title 40, United States Code, or sections 
     47151 through 47153 of title 49, United States Code, the 
     sponsoring Federal agency shall use the eligibility criteria 
     set forth in such section or subchapter II of chapter 471 of 
     title 49, United States Code (as the case may be) to 
     determine the eligibility of the applicant and use proposed 
     in the request for the public benefit conveyance. The 
     determination of such eligibility should be made before 
     submission of the redevelopment plan concerned under 
     subparagraph (G).
       (L)(i) If the Secretary of Housing and Urban Development 
     determines under subparagraph (J) that a revised 
     redevelopment plan for an installation does not meet the 
     requirements set forth in subparagraph (H)(i), or if no 
     revised plan is so submitted, that Secretary shall--
       (I) review the original redevelopment plan submitted to 
     that Secretary under subparagraph (G), including the notice 
     or notices of representatives of the homeless referred to in 
     clause (ii)(II) of that subparagraph;
       (II) consult with the representatives referred to in 
     subclause (I), if any, for purposes of evaluating the 
     continuing interest of such representatives in the use of 
     buildings or property at the installation to assist the 
     homeless;
       (III) request that each such representative submit to that 
     Secretary the items described in clause (ii); and
       (IV) based on the actions of that Secretary under 
     subclauses (I) and (II), and on any information obtained by 
     that Secretary as a result of such actions, indicate to the 
     Secretary of Defense the buildings and property at the 
     installation that meet the requirements set forth in 
     subparagraph (H)(i).
       (ii) The Secretary of Housing and Urban Development may 
     request under clause

[[Page S3435]]

     (i)(III) that a representative of the homeless submit to that 
     Secretary the following:
       (I) A description of the program of such representative to 
     assist the homeless.
       (II) A description of the manner in which the buildings and 
     property that the representative proposes to use for such 
     purpose will assist the homeless.
       (III) Such information as that Secretary requires in order 
     to determine the financial capacity of the representative to 
     carry out the program and to ensure that the program will be 
     carried out in compliance with Federal environmental law and 
     Federal law against discrimination.
       (IV) A certification that police services, fire protection 
     services, and water and sewer services available in the 
     communities in the vicinity of the installation concerned are 
     adequate for the program.
       (iii) Not later than 90 days after the date of the receipt 
     of a revised plan for an installation under subparagraph (J), 
     the Secretary of Housing and Urban Development shall--
       (I) notify the Secretary of Defense and the redevelopment 
     authority concerned of the buildings and property at an 
     installation under clause (i)(IV) that the Secretary of 
     Housing and Urban Development determines are suitable for use 
     to assist the homeless; and
       (II) notify the Secretary of Defense of the extent to which 
     the revised plan meets the criteria set forth in subparagraph 
     (H)(i).
       (iv)(I) Upon notice from the Secretary of Housing and Urban 
     Development with respect to an installation under clause 
     (iii), the Secretary of Defense shall dispose of buildings 
     and property at the installation in consultation with the 
     Secretary of Housing and Urban Development and the 
     redevelopment authority concerned.
       (II) For purposes of carrying out an environmental 
     assessment of the closure or realignment of an installation, 
     the Secretary of Defense shall treat the redevelopment plan 
     submitted by the redevelopment authority for the installation 
     (including the aspects of the plan providing for disposal to 
     State or local governments, representatives of the homeless, 
     and other interested parties) as part of the proposed Federal 
     action for the installation. The Secretary of Defense shall 
     incorporate the notification of the Secretary of Housing and 
     Urban Development under clause (iii)(I) as part of the 
     proposed Federal action for the installation only to the 
     extent, if any, that the Secretary of Defense considers such 
     incorporation to be appropriate and consistent with the best 
     and highest use of the installation as a whole, taking into 
     consideration the redevelopment plan submitted by the 
     redevelopment authority.
       (III) The Secretary of Defense shall dispose of buildings 
     and property under subclause (I) in accordance with the 
     record of decision or other decision document prepared by the 
     Secretary in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the 
     record of decision or other decision document, the Secretary 
     shall give deference to the redevelopment plan submitted by 
     the redevelopment authority for the installation.
       (IV) The disposal under subclause (I) of buildings and 
     property to assist the homeless shall be without 
     consideration.
       (V) In the case of a request for a conveyance under 
     subclause (I) of buildings and property for public benefit 
     under section 550 of title 40, United States Code, or 
     sections 47151 through 47153 of title 49, United States Code, 
     the sponsoring Federal agency shall use the eligibility 
     criteria set forth in such section or subchapter II of 
     chapter 471 of title 49, United States Code (as the case may 
     be) to determine the eligibility of the applicant and use 
     proposed in the request for the public benefit conveyance. 
     The determination of such eligibility should be made before 
     submission of the redevelopment plan concerned under 
     subparagraph (G).
       (M)(i) In the event of the disposal of buildings and 
     property of an installation pursuant to subparagraph (K) or 
     (L), the redevelopment authority for the installation shall 
     be responsible for the implementation of and compliance with 
     agreements under the redevelopment plan described in that 
     subparagraph for the installation.
       (ii) If a building or property reverts to a redevelopment 
     authority under such an agreement, the redevelopment 
     authority shall take appropriate actions to secure, to the 
     maximum extent practicable, the utilization of the building 
     or property by other homeless representatives to assist the 
     homeless. A redevelopment authority may not be required to 
     utilize the building or property to assist the homeless.
       (N) The Secretary of Defense may postpone or extend any 
     deadline provided for under this paragraph in the case of an 
     installation covered by this paragraph for such period as the 
     Secretary considers appropriate if the Secretary determines 
     that such postponement is in the interests of the communities 
     affected by the closure or realignment of the installation. 
     The Secretary shall make such determinations in consultation 
     with the redevelopment authority concerned and, in the case 
     of deadlines provided for under this paragraph with respect 
     to the Secretary of Housing and Urban Development, in 
     consultation with the Secretary of Housing and Urban 
     Development.
       (O) For purposes of this paragraph, the term ``communities 
     in the vicinity of the installation'', in the case of an 
     installation, means the communities that constitute the 
     political jurisdictions (other than the State in which the 
     installation is located) that comprise the redevelopment 
     authority for the installation.
       (P) For purposes of this paragraph, the term ``other 
     interested parties'', in the case of an installation, 
     includes any parties eligible for the conveyance of property 
     of the installation under section 550 of title 40, United 
     States Code, or sections 47151 through 47153 of title 49, 
     United States Code, whether or not the parties assist the 
     homeless.
       (7)(A) Subject to subparagraph (C), the Secretary may enter 
     into agreements (including contracts, cooperative agreements, 
     or other arrangements for reimbursement) with local 
     governments for the provision of police or security services, 
     fire protection services, airfield operation services, or 
     other community services by such governments at military 
     installations to be closed under this subtitle, or at 
     facilities not yet transferred or otherwise disposed of in 
     the case of installations closed under this subtitle, if the 
     Secretary determines that the provision of such services 
     under such agreements is in the best interests of the 
     Department of Defense.
       (B) The Secretary may exercise the authority provided under 
     this paragraph without regard to the provisions of chapter 
     146 of title 10, United States Code.
       (C) The Secretary may not exercise the authority under 
     subparagraph (A) with respect to an installation earlier than 
     180 days before the date on which the installation is to be 
     closed.
       (D) The Secretary shall include in a contract for services 
     entered into with a local government under this paragraph a 
     clause that requires the use of professionals to furnish the 
     services to the extent that professionals are available in 
     the area under the jurisdiction of such government.
       (c) Applicability of National Environmental Policy Act of 
     1969.--(1) The provisions of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply 
     to the actions of the President, the Commission, and, except 
     as provided in paragraph (2), the Department of Defense in 
     carrying out this subtitle.
       (2)(A) The provisions of the National Environmental Policy 
     Act of 1969 shall apply to actions of the Department of 
     Defense under this subtitle--
       (i) during the process of property disposal; and
       (ii) during the process of relocating functions from a 
     military installation being closed or realigned to another 
     military installation after the receiving installation has 
     been selected but before the functions are relocated.
       (B) In applying the provisions of the National 
     Environmental Policy Act of 1969 to the processes referred to 
     in subparagraph (A), the Secretary of Defense and the 
     Secretary of the military departments concerned shall not 
     have to consider--
       (i) the need for closing or realigning the military 
     installation which has been recommended for closure or 
     realignment by the Commission;
       (ii) the need for transferring functions to any military 
     installation which has been selected as the receiving 
     installation; or
       (iii) military installations alternative to those 
     recommended or selected.
       (3) A civil action for judicial review, with respect to any 
     requirement of the National Environmental Policy Act of 1969 
     to the extent such Act is applicable under paragraph (2), of 
     any act or failure to act by the Department of Defense during 
     the closing, realigning, or relocating of functions referred 
     to in clauses (i) and (ii) of paragraph (2)(A), may not be 
     brought more than 60 days after the date of such act or 
     failure to act.
       (d) Waiver.--The Secretary of Defense may close or realign 
     military installations under this subtitle without regard 
     to--
       (1) any provision of law restricting the use of funds for 
     closing or realigning military installations included in any 
     appropriations or authorization Act; and
       (2) sections 2662 and 2687 of title 10, United States Code.
       (e) Transfer Authority in Connection With Payment of 
     Environmental Remediation Costs.--(1)(A) Subject to paragraph 
     (2) of this subsection and section 120(h) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary may 
     enter into an agreement to transfer by deed real property or 
     facilities referred to in subparagraph (B) with any person 
     who agrees to perform all environmental restoration, waste 
     management, and environmental compliance activities that are 
     required for the property or facilities under Federal and 
     State laws, administrative decisions, agreements (including 
     schedules and milestones), and concurrences.
       (B) The real property and facilities referred to in 
     subparagraph (A) are the real property and facilities located 
     at an installation closed or to be closed, or realigned or to 
     be realigned, under this subtitle that are available 
     exclusively for the use, or expression of an interest in a 
     use, of a redevelopment authority under subsection (b)(6)(F) 
     during the period provided for that use, or expression of 
     interest in use, under that subsection. The real property and 
     facilities referred to in subparagraph (A) are also the real 
     property and facilities located at an installation approved 
     for closure or realignment under this subtitle that are 
     available for purposes other than to assist the homeless.
       (C) The Secretary may require any additional terms and 
     conditions in connection

[[Page S3436]]

     with an agreement authorized by subparagraph (A) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
       (2) A transfer of real property or facilities may be made 
     under paragraph (1) only if the Secretary certifies to 
     Congress that--
       (A) the costs of all environmental restoration, waste 
     management, and environmental compliance activities otherwise 
     to be paid by the Secretary with respect to the property or 
     facilities are equal to or greater than the fair market value 
     of the property or facilities to be transferred, as 
     determined by the Secretary; or
       (B) if such costs are lower than the fair market value of 
     the property or facilities, the recipient of the property or 
     facilities agrees to pay the difference between the fair 
     market value and such costs.
       (3) In the case of property or facilities covered by a 
     certification under paragraph (2)(A), the Secretary may pay 
     the recipient of such property or facilities an amount equal 
     to the lesser of--
       (A) the amount by which the costs incurred by the recipient 
     of such property or facilities for all environmental 
     restoration, waste, management, and environmental compliance 
     activities with respect to such property or facilities exceed 
     the fair market value of such property or facilities as 
     specified in such certification; or
       (B) the amount by which the costs (as determined by the 
     Secretary) that would otherwise have been incurred by the 
     Secretary for such restoration, management, and activities 
     with respect to such property or facilities exceed the fair 
     market value of such property or facilities as so specified.
       (4) As part of an agreement under paragraph (1), the 
     Secretary shall disclose to the person to whom the property 
     or facilities will be transferred any information of the 
     Secretary regarding the environmental restoration, waste 
     management, and environmental compliance activities described 
     in paragraph (1) that relate to the property or facilities. 
     The Secretary shall provide such information before entering 
     into the agreement.
       (5) Nothing in this subsection shall be construed to 
     modify, alter, or amend the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.).
       (6) Section 330 of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 
     note) shall not apply to any transfer under this subsection 
     to persons or entities described in subsection (a)(2) of such 
     section 330, except in the case of releases or threatened 
     releases not disclosed pursuant to paragraph (4) of this 
     subsection.

     SEC. 2716. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2016.

       (a) In General.--(1) If the Secretary makes the 
     certifications required under section 2713(b), there shall be 
     established on the books of the Treasury an account to be 
     known as the ``Department of Defense Base Closure Account 
     2016'' (in this section referred to as the ``Account''). The 
     Account shall be administered by the Secretary as a single 
     account.
       (2) There shall be deposited into the Account--
       (A) funds authorized for and appropriated to the Account;
       (B) any funds that the Secretary may, subject to approval 
     in an appropriation Act, transfer to the Account from funds 
     appropriated to the Department of Defense for any purpose, 
     except that such funds may be transferred only after the date 
     on which the Secretary transmits written notice of, and 
     justification for, such transfer to the congressional defense 
     committees; and
       (C) except as provided in subsection (d), proceeds received 
     from the lease, transfer, or disposal of any property at a 
     military installation that is closed or realigned under this 
     subtitle.
       (3) The Account shall be closed at the time and in the 
     manner provided for appropriation accounts under section 1555 
     of title 31, United States Code. Unobligated funds which 
     remain in the Account upon closure shall be held by the 
     Secretary of the Treasury until transferred by law after the 
     congressional defense committees receive the final report 
     transmitted under subsection (c)(2).
       (b) Use of Funds.--(1) The Secretary may use the funds in 
     the Account only for the purposes described in section 2715 
     with respect to military installations approved for closure 
     or realignment under this subtitle.
       (2) When a decision is made to use funds in the Account to 
     carry out a construction project under section 2715(a) and 
     the cost of the project will exceed the maximum amount 
     authorized by law for a minor military construction project, 
     the Secretary shall notify in writing the congressional 
     defense committees of the nature of, and justification for, 
     the project and the amount of expenditures for such project. 
     Any such construction project may be carried out without 
     regard to section 2802(a) of title 10, United States Code.
       (c) Reports.--(1)(A) Not later than 60 days after the end 
     of each fiscal year in which the Secretary carries out 
     activities under this subtitle using amounts in the Account, 
     the Secretary shall transmit a report to the congressional 
     defense committees of--
       (i) the amount and nature of the deposits into, and the 
     expenditures from, the Account during such fiscal year;
       (ii) the amount and nature of other expenditures made 
     pursuant to section 2715(a) during such fiscal year;
       (iii) the amount and nature of anticipated deposits to be 
     made into, and the anticipated expenditures to be made from, 
     the Account during the first fiscal year commencing after the 
     submission of the report; and
       (iv) the amount and nature of anticipated expenditures to 
     be made pursuant to section 2715(a) during the first fiscal 
     year commencing after the submission of the report.
       (B) The report for a fiscal year shall include the 
     following:
       (i) The obligations and expenditures from the Account 
     during the fiscal year, identified by subaccount and 
     installation, for each military department and Defense 
     Agency.
       (ii) The fiscal year in which appropriations for such 
     expenditures were made and the fiscal year in which funds 
     were obligated for such expenditures.
       (iii) Each military construction project for which such 
     obligations and expenditures were made, identified by 
     installation and project title.
       (iv) A description and explanation of the extent, if any, 
     to which expenditures for military construction projects for 
     the fiscal year differed from proposals for projects and 
     funding levels that were included in the justification 
     transmitted to Congress under section 2717(1), or otherwise, 
     for the funding proposals for the Account for such fiscal 
     year, including an explanation of--
       (I) any failure to carry out military construction projects 
     that were so proposed; and
       (II) any expenditures for military construction projects 
     that were not so proposed.
       (v) An estimate of the net revenues to be received from 
     property disposals to be completed during the first fiscal 
     year commencing after the submission of the report at 
     military installations approved for closure or realignment 
     under this subtitle.
       (2) Not later than 60 days after the closure of the Account 
     under subsection (a)(3), the Secretary shall transmit to the 
     congressional defense committees a report containing an 
     accounting of--
       (A) all the funds deposited into and expended from the 
     Account or otherwise expended under this subtitle with 
     respect to such installations; and
       (B) any amount remaining in the Account.
       (d) Disposal or Transfer of Commissary Stores and Property 
     Purchased With Nonappropriated Funds.--(1) If any real 
     property or facility acquired, constructed, or improved (in 
     whole or in part) with commissary store funds or 
     nonappropriated funds is transferred or disposed of in 
     connection with the closure or realignment of a military 
     installation under this subtitle, a portion of the proceeds 
     of the transfer or other disposal of property on that 
     installation shall be deposited in the reserve account 
     established under section 204(b)(7)(C) of the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     (Public Law 100-526; 10 U.S.C. 2687 note).
       (2) The amount so deposited shall be equal to the 
     depreciated value of the investment made with such funds in 
     the acquisition, construction, or improvement of that 
     particular real property or facility. The depreciated value 
     of the investment shall be computed in accordance with 
     regulations prescribed by the Secretary.
       (3) The Secretary may use amounts in the reserve account, 
     without further appropriation, for the purpose of acquiring, 
     constructing, and improving--
       (A) commissary stores; and
       (B) real property and facilities for nonappropriated fund 
     instrumentalities.
       (4) In this subsection:
       (A) The term ``commissary store funds'' means funds 
     received from the adjustment of, or surcharge on, selling 
     prices at commissary stores fixed under section 2685 of title 
     10, United States Code.
       (B) The term ``nonappropriated funds'' means funds received 
     from a nonappropriated fund instrumentality.
       (C) The term ``nonappropriated fund instrumentality'' means 
     an instrumentality of the United States under the 
     jurisdiction of the Armed Forces (including the Army and Air 
     Force Exchange Service, the Navy Resale and Services Support 
     Office, and the Marine Corps exchanges) which is conducted 
     for the comfort, pleasure, contentment, or physical or mental 
     improvement of members of the Armed Forces.
       (e) Account Exclusive Source of Funds for Environmental 
     Restoration Projects.--Except for funds deposited into the 
     Account under subsection (a), funds appropriated to the 
     Department of Defense may not be used for purposes described 
     in section 2715(a)(1)(C). The prohibition in this subsection 
     shall expire upon the closure of the Account under subsection 
     (a)(3).
       (f) Authorized Cost and Scope of Work Variations.--(1) 
     Subject to paragraphs (2) and (3), the cost authorized for a 
     military construction project or military family housing 
     project to be carried out using funds in the Account may not 
     be increased or reduced by more than 20 percent or 
     $2,000,000, whichever is less, of the amount specified for 
     the project in the conference report to accompany the Act of 
     Congress authorizing the project. The scope of work for such 
     a project may not be reduced by more than 25 percent from the 
     scope specified in the most recent budget documents for the 
     projects listed in such conference report.
       (2) Paragraph (1) shall not apply to a military 
     construction project or military family housing project to be 
     carried out using funds in the Account with an estimated cost 
     of less

[[Page S3437]]

     than $5,000,000, unless the project has not been previously 
     identified in any budget submission for the Account and 
     exceeds the applicable minor construction threshold under 
     section 2805 of title 10, United States Code.
       (3) The limitation on cost or scope variation specified in 
     paragraph (1) shall not apply if the Secretary of Defense 
     makes a determination that an increase or reduction in cost 
     or a reduction in the scope of work for a military 
     construction project or military family housing project to be 
     carried out using funds in the Account is required for the 
     sole purpose of meeting unusual variations in cost or scope. 
     If the Secretary makes such a determination, the Secretary 
     shall notify the congressional defense committees of the 
     variation in cost or scope not later than 21 days before the 
     date on which the variation is made in connection with the 
     project or, if the notification is provided in an electronic 
     medium pursuant to section 480 of title 10, United States 
     Code, not later than 14 days before the date on which the 
     variation is made. The Secretary shall include the reasons 
     for the variation in the notification.

     SEC. 2717. REPORTS.

       As part of the budget request for fiscal year 2021 and for 
     each fiscal year thereafter through fiscal year 2032 for the 
     Department of Defense, the Secretary shall transmit to the 
     congressional defense committees--
       (1) a schedule of the closure actions to be carried out 
     under this subtitle in the fiscal year for which the request 
     is made and an estimate of the total expenditures required 
     and cost savings to be achieved by each such closure and of 
     the time period in which these savings are to be achieved in 
     each case, together with the Secretary's assessment of the 
     environmental effects of such actions;
       (2) a description of the military installations, including 
     those under construction and those planned for construction, 
     to which functions are to be transferred as a result of such 
     closures, together with the Secretary's assessment of the 
     environmental effects of such transfers;
       (3) a description of the closure actions already carried 
     out at each military installation since the date of the 
     installation's approval for closure under this subtitle and 
     the current status of the closure of the installation, 
     including whether--
       (A) a redevelopment authority has been recognized by the 
     Secretary for the installation;
       (B) the screening of property at the installation for other 
     Federal use has been completed; and
       (C) a redevelopment plan has been agreed to by the 
     redevelopment authority for the installation;
       (4) a description of redevelopment plans for military 
     installations approved for closure under this subtitle, the 
     quantity of property remaining to be disposed of at each 
     installation as part of its closure, and the quantity of 
     property already disposed of at each installation;
       (5) a list of the Federal agencies that have requested 
     property during the screening process for each military 
     installation approved for closure under this subtitle, 
     including the date of transfer or anticipated transfer of the 
     property to such agencies, the acreage involved in such 
     transfers, and an explanation for any delays in such 
     transfers;
       (6) a list of known environmental remediation issues at 
     each military installation approved for closure under this 
     subtitle, including the acreage affected by those issues, an 
     estimate of the cost to complete such environmental 
     remediation, and the plans (and timelines) to address such 
     environmental remediation; and
       (7) an estimate of the date for the completion of all 
     closure actions at each military installation approved for 
     closure or realignment under this subtitle.

     SEC. 2718. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

       (a) Terms of the Resolution.--For purposes of section 
     2714(b), the term ``joint resolution'' means only a joint 
     resolution which is introduced within the 10-day period 
     beginning on the date on which the President transmits the 
     report to Congress under section 2713(k), and--
       (1) which does not have a preamble;
       (2) the matter after the resolving clause of which is as 
     follows: ``That Congress disapproves the recommendations of 
     the Defense Base Closure and Realignment Commission as 
     submitted by the President on _______'', the blank space 
     being filled in with the appropriate date; and
       (3) the title of which is as follows: ``Joint resolution 
     disapproving the recommendations of the Defense Base Closure 
     and Realignment Commission.''.
       (b) Referral.--A resolution described in subsection (a) 
     that is introduced in the House of Representatives shall be 
     referred to the Committee on Armed Services of the House of 
     Representatives. A resolution described in subsection (a) 
     introduced in the Senate shall be referred to the Committee 
     on Armed Services of the Senate.
       (c) Discharge.--If the committee to which a resolution 
     described in subsection (a) is referred has not reported such 
     a resolution (or an identical resolution) by the end of the 
     20-day period beginning on the date on which the President 
     transmits the report to Congress under section 2713(k), such 
     committee shall be, at the end of such period, discharged 
     from further consideration of such resolution, and such 
     resolution shall be placed on the appropriate calendar of the 
     House involved.
       (d) Consideration.--(1) On or after the third day after the 
     date on which the committee to which such a resolution is 
     referred has reported, or has been discharged (under 
     subsection (c)) from further consideration of, such a 
     resolution, it is in order (even though a previous motion to 
     the same effect has been disagreed to) for any Member of the 
     respective House to move to proceed to the consideration of 
     the resolution. A member may make the motion only on the day 
     after the calendar day on which the Member announces to the 
     House concerned the Member's intention to make the motion, 
     except that, in the case of the House of Representatives, the 
     motion may be made without such prior announcement if the 
     motion is made by direction of the committee to which the 
     resolution was referred. All points of order against the 
     resolution (and against consideration of the resolution) are 
     waived. The motion is highly privileged in the House of 
     Representatives and is privileged in the Senate and is not 
     debatable. The motion is not subject to amendment, or to a 
     motion to postpone, or to a motion to proceed to the 
     consideration of other business. A motion to reconsider the 
     vote by which the motion is agreed to or disagreed to shall 
     not be in order. If a motion to proceed to the consideration 
     of the resolution is agreed to, the respective House shall 
     immediately proceed to consideration of the joint resolution 
     without intervening motion, order, or other business, and the 
     resolution shall remain the unfinished business of the 
     respective House until disposed of.
       (2) Debate on the resolution, and on all debatable motions 
     and appeals in connection therewith, shall be limited to not 
     more than two hours, which shall be divided equally between 
     those favoring and those opposing the resolution. An 
     amendment to the resolution is not in order. A motion further 
     to limit debate is in order and not debatable. A motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the resolution is not 
     in order. A motion to reconsider the vote by which the 
     resolution is agreed to or disagreed to is not in order.
       (3) Immediately following the conclusion of the debate on a 
     resolution described in subsection (a) and a single quorum 
     call at the conclusion of the debate if requested in 
     accordance with the rules of the appropriate House, the vote 
     on final passage of the resolution shall occur.
       (4) Appeals from the decisions of the Chair relating to the 
     application of the rules of the Senate or the House of 
     Representatives, as the case may be, to the procedure 
     relating to a resolution described in subsection (a) shall be 
     decided without debate.
       (e) Consideration by Other House.--(1) If, before the 
     passage by one House of a resolution of that House described 
     in subsection (a), that House receives from the other House a 
     resolution described in subsection (a), then the following 
     procedures shall apply:
       (A) The resolution of the other House shall not be referred 
     to a committee and may not be considered in the House 
     receiving it except in the case of final passage as provided 
     in subparagraph (B)(ii).
       (B) With respect to a resolution described in subsection 
     (a) of the House receiving the resolution--
       (i) the procedure in that House shall be the same as if no 
     resolution had been received from the other House; but
       (ii) the vote on final passage shall be on the resolution 
     of the other House.
       (2) Upon disposition of the resolution received from the 
     other House, it shall no longer be in order to consider the 
     resolution that originated in the receiving House.
       (f) Rules of the Senate and House.--This section is enacted 
     by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 2719. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY.

       (a) In General.--Except as provided in subsection (c), 
     during the period beginning on the date of the enactment of 
     this Act, and ending on April 15, 2020, this subtitle shall 
     be the exclusive authority for selecting for closure or 
     realignment, or for carrying out any closure or realignment 
     of, a military installation inside the United States.
       (b) Restriction.--Except as provided in subsection (c), 
     none of the funds available to the Department of Defense may 
     be used, other than under this subtitle, during the period 
     specified in subsection (a)--
       (1) to identify, through any transmittal to Congress or 
     through any other public announcement or notification, any 
     military installation inside the United States as an 
     installation to be closed or realigned or as an installation 
     under consideration for closure or realignment; or
       (2) to carry out any closure or realignment of a military 
     installation inside the United States.
       (c) Exception.--Nothing in this subtitle affects the 
     authority of the Secretary to carry

[[Page S3438]]

     out closures and realignments to which section 2687 of title 
     10, United States Code, is not applicable, including closures 
     and realignments carried out for reasons of national security 
     or a military emergency described in subsection (d) of such 
     section.

     SEC. 2720. DEFINITIONS.

       In this subtitle:
       (1) The term ``Account'' means the Department of Defense 
     Base Closure Account established by section 2716(a)(1).
       (2) The term ``congressional defense committees'' means the 
     Committee on Armed Services and the Committee on 
     Appropriations of the Senate and the Committee on Armed 
     Services and the Committee on Appropriations of the House of 
     Representatives.
       (3) The term ``Commission'' means the Commission 
     established by section 2712.
       (4) The term ``military installation'' means a base, camp, 
     post, station, yard, center, homeport facility for any ship, 
     or other activity under the jurisdiction of the Department of 
     Defense, including any leased facility. Such term does not 
     include any facility used primarily for civil works, rivers 
     and harbors projects, flood control, or other projects not 
     under the primary jurisdiction or control of the Department 
     of Defense.
       (5) The term ``realignment'' includes any action which both 
     reduces and relocates functions and civilian personnel 
     positions but does not include a reduction in force resulting 
     from workload adjustments, reduced personnel or funding 
     levels, or skill imbalances.
       (6) The term ``Secretary'' means the Secretary of Defense.
       (7) The term ``United States'' means the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     the Virgin Islands, American Samoa, and any other 
     commonwealth, territory, or possession of the United States.
       (8) The term ``date of approval'', with respect to a 
     closure or realignment of an installation, means the date on 
     which the authority of Congress to disapprove a 
     recommendation of closure or realignment, as the case may be, 
     of such installation under this subtitle expires.
       (9) The term ``redevelopment authority'', in the case of an 
     installation to be closed or realigned under this subtitle, 
     means any entity (including an entity established by a State 
     or local government) recognized by the Secretary of Defense 
     as the entity responsible for developing the redevelopment 
     plan with respect to the installation or for directing the 
     implementation of such plan.
       (10) The term ``redevelopment plan'' in the case of an 
     installation to be closed or realigned under this subtitle, 
     means a plan that--
       (A) is agreed to by the local redevelopment authority with 
     respect to the installation; and
       (B) provides for the reuse or redevelopment of the real 
     property and personal property of the installation that is 
     available for such reuse and redevelopment as a result of the 
     closure or realignment of the installation.
       (11) The term ``representative of the homeless'' has the 
     meaning given such term in section 501(i)(4) of the Stewart 
     B. McKinney Homeless Assistance Act (42 U.S.C. 11411(i)(4)).

     SEC. 2721. TREATMENT AS A BASE CLOSURE LAW FOR PURPOSES OF 
                   OTHER PROVISIONS OF LAW.

       (a) Definition of ``Base Closure Law'' in Title 10.--
     Section 101(a)(17) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(D) The Defense Base Closure and Realignment Act of 
     2016.''.
       (b) Definition of ``Base Closure Law'' in Other Laws.--
       (1) Section 131(b) of Public Law 107-249 (10 U.S.C. 221 
     note) is amended by striking ``means'' and all that follows 
     and inserting ``has the meaning given the term `base closure 
     law' in section 101(a)(17) of title 10, United States 
     Code.''.
       (2) Section 1334(k)(1) of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     10 U.S.C. 2701 note) is amended by adding at the end the 
     following new subparagraph:
       ``(C) The Defense Base Closure and Realignment Act of 
     2016.''.
       (3) Section 2918(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     10 U.S.C. 2687 note) is amended by adding at the end the 
     following new subparagraph:
       ``(C) The Defense Base Closure and Realignment Act of 
     2016.''.

     SEC. 2722. CONFORMING AMENDMENTS.

       (a) Deposit and Use of Lease Proceeds.--Section 2667(e) of 
     title 10, United States Code, is amended--
       (1) in paragraph (5), by striking ``on or after January 1, 
     2005,'' and inserting ``from January 1, 2005 through December 
     31, 2005,''; and
       (2) by adding at the end the following new paragraph:
       ``(6) Money rentals received by the United States from a 
     lease under subsection (g) at a military installation 
     approved for closure or realignment under a base closure law 
     on or after January 1, 2006, shall be deposited into the 
     account established under section 2716 of the Defense Base 
     Closure and Realignment Act of 2016.''.
       (b) Restored Leave.--Section 6304(d)(3)(A) of title 5, 
     United States Code, is amended by striking ``the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note)'' and inserting ``a 
     base closure law, as that term is defined in section 
     101(a)(17) of title 10,''.
                                 ______
                                 
  SA 4381. 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. 28__. ENVIRONMENTAL REMEDIATION, EXPLOSIVES CLEANUP, AND 
                   SITE RESTORATION.

       (a) In General.--As part of any land conveyance by the Army 
     to a public or private entity under the Solid Waste Disposal 
     Act (42 U.S.C. 6901 et seq.), the Secretary of the Army shall 
     carry out the activities described in subsection (b).
       (b) Environmental Remediation, Explosives Cleanup, and Site 
     Restoration Activities.--The activities described in this 
     subsection are--
       (1) environmental remediation activities, including--
       (A) any corrective action required under a permit issued by 
     the State in which the property is located pursuant to the 
     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) relating to 
     the property;
       (B) any activity to be carried out by the entity pursuant 
     to a consent agreement (including any amendments) between the 
     entity and the State in which the property is located 
     regarding Army activities at the property;
       (C) the abatement of any potential explosive and ordnance 
     conditions on the property;
       (D) the demolition, abatement, removal, and disposal of any 
     structure containing asbestos and lead-based paint, including 
     the foundations, footing, and slabs of the structure, 
     together with backfilling and seeding;
       (E) the removal and disposal of any soil that contains a 
     quantity of pesticide in excess of the standard of the State 
     in which the property is located, together with backfilling 
     and seeding;
       (F) the design, construction, closure, and post-closure of 
     any solid waste landfill facility permitted by the State in 
     which the property is located pursuant to the delegated 
     authority of the State under the Solid Waste Disposal Act (42 
     U.S.C. 6901 et seq.) to accommodate the consolidation of any 
     existing landfills on the property and future requirements;
       (G) lime sludge removal, disposal, and backfilling relating 
     to any water treatment plant;
       (H) the closure of any septic tank on the property; and
       (I) any financial assurance required in connection with the 
     activities described in this paragraph; and
       (2) site restoration activities, including--
       (A) the collection and disposal of any solid waste that was 
     present on the property before the date on which the Army 
     conveys the land to the entity;
       (B) the removal of any improvement to the property that was 
     present on the property before the date on which the Army 
     conveys the land to the entity, including 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 contractor of the Army;
       (D) any financial assurance required in connection with the 
     activities described in this paragraph; and
       (E) payment of the legal, environmental, and engineering 
     costs incurred by the entity for the analysis of the work 
     necessary to complete the environmental remediation.
                                 ______
                                 
  SA 4382. Mr. ISAKSON 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. CLOSURE OF ST. MARYS AIRPORT, ST. MARYS, GEORGIA.

       (a) Release of Restrictions.--Subject to subsection (b), 
     the United States, acting through the Administrator of the 
     Federal Aviation Administration, shall release the City of 
     St. Marys, Georgia, from all restrictions, conditions, and 
     limitations on the use, encumbrance, conveyance, and closure 
     of the St. Marys Airport, to the extent such restrictions, 
     conditions, and limitations are enforceable by the 
     Administrator.
       (b) Requirements for Release of Restrictions.--The 
     Administrator shall execute the release under subsection (a) 
     once all of the following occurs:
       (1) The Secretary of the Navy transfers to the Georgia 
     Department of Transportation the amounts described in 
     subsection (c) and

[[Page S3439]]

     requires as an enforceable condition on such transfer that 
     all funds transferred shall be used only for airport 
     development (as defined in section 47102 of title 49, United 
     States Code) of a regional airport in Georgia, consistent 
     with planning efforts conducted by the Administrator and the 
     Georgia Department of Transportation.
       (2) The City of St. Marys, for consideration as provided 
     for in this section, grants to the United States, under the 
     administrative jurisdiction of the Secretary, a restrictive 
     use easement in the real property used for the St. Marys 
     Airport, as determined acceptable by the Secretary, under 
     such terms and conditions that the Secretary considers 
     necessary to protect the interests of the United States and 
     prohibiting the future use of such property for all aviation-
     related purposes and any other purposes deemed by the 
     Secretary to be incompatible with the operations, functions, 
     and missions of Naval Submarine Base, Kings Bay, Georgia.
       (3) The Secretary obtains an appraisal to determine the 
     fair market value of the real property used for the St. Marys 
     Airport in the manner described in subsection (c)(1).
       (4) The Administrator fulfills the obligations under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) in connection with the release under subsection (a). In 
     carrying out such obligations--
       (A) the Administrator shall not assume or consider any 
     potential or proposed future redevelopment of the current St. 
     Marys airport property;
       (B) any potential new regional airport in Georgia shall be 
     deemed to be not connected with the release noted in 
     subsection (a) nor the closure of St. Marys Airport; and
       (C) any environmental review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
     a potential regional airport in Georgia shall be considered 
     through an environmental review process separate and apart 
     from the environmental review made a condition of release by 
     this section.
       (5) The Administrator fulfills the obligations under 
     sections 47107(h) and 46319 of title 49, United States Code.
       (6) Any actions required under part 157 of title 14, Code 
     of Federal Regulations, are carried out to the satisfaction 
     of the Administrator.
       (c) Transfer of Amounts Described.--The amounts described 
     in this subsection are the following:
       (1) An amount equal to the fair market value of the real 
     property of the St. Marys Airport, as determined by the 
     Secretary and concurred in by the Administrator, based on an 
     appraisal report and title documentation that--
       (A) is prepared or adopted by the Secretary, and concurred 
     in by the Administrator, not more than 180 days prior to the 
     transfer described in subsection (b)(1); and
       (B) meets all requirements of Federal law and the appraisal 
     and documentation standards applicable to the acquisition and 
     disposal of real property interests of the United States.
       (2) An amount equal to the unamortized portion of any 
     Federal development grants (including grants available under 
     a State block grant program established pursuant to section 
     47128 of title 49, United States Code), other than used for 
     the acquisition of land, paid to the City of St. Marys for 
     use as the St. Marys Airport.
       (3) An amount equal to the airport revenues remaining in 
     the airport account for the St. Marys Airport as of the date 
     of the enactment of this Act and as otherwise due to or 
     received by the City of St. Marys after such date of 
     enactment pursuant to sections 47107(b) and 47133 of title 
     49, United States Code.
       (d) Authorization for Transfer of Funds.--Using funds 
     available to the Department of the Navy for operation and 
     maintenance, the Secretary may pay the amounts described in 
     subsection (c) to the Georgia Department of Transportation, 
     conditioned as described in subsection (b)(1).
       (e) Additional Requirements.--
       (1) Survey.--The exact acreage and legal description of St. 
     Marys Airport shall be determined by a survey satisfactory to 
     the Secretary and concurred in by the Administrator.
       (2) Planning of regional airport.--Any planning effort for 
     the development of a regional airport in southeast Georgia 
     shall be conducted in coordination with the Secretary, and 
     shall ensure that any such regional airport does not 
     interfere with the operations, functions, and missions of 
     Naval Submarine Base, Kings Bay, Georgia. The determination 
     of the Secretary shall be final as to whether the operations 
     of a new regional airport in southeast Georgia would 
     interfere with such military operations.
                                 ______
                                 
  SA 4383. Mr. ISAKSON 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 VIII, add the following:

     SEC. 829K. COMPETITION EXCEPTIONS FOR MULTIPLE AWARD 
                   CONTRACTS.

       Section 2304c(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (3), by striking ``; or'' and inserting a 
     semicolon;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(5) the task or delivery order satisfies one of the 
     exceptions in 2304(c) of this title to the requirement to use 
     competitive procedures.''.
                                 ______
                                 
  SA 4384. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 40, strike line 15 and all that follows 
     through page 42, line 17, and insert the following:
       (c) Repeal of Reporting Requirements Related to Naval 
     Vessels and Merchant Marine.--
                                 ______
                                 
  SA 4385. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In title X, strike subtitle G.
                                 ______
                                 
  SA 4386. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 709. INCLUSION OF COVERAGE OF IN VITRO FERTILIZATION 
                   TREATMENTS AS PART OF CONTINUED HEALTH BENEFITS 
                   COVERAGE.

       The Secretary of Defense shall include coverage of in vitro 
     fertilization treatments at military treatment facilities as 
     a covered health benefit under the program of continued 
     health benefits coverage under section 1078a of title 10, 
     United States Code, for any beneficiary under such section in 
     the same manner in which such treatments were covered for 
     such beneficiary under chapter 55 or section 1145 of such 
     title before the beneficiary became eligible for coverage 
     under section 1078a of such title.
                                 ______
                                 
  SA 4387. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. PERSONNEL APPOINTMENT AUTHORITY.

       (a) In General.--Section 306 of the Homeland Security Act 
     of 2002 (6 U.S.C. 186) is amended by adding at the end the 
     following:
       ``(e) Personnel Appointment Authority.--
       ``(1) In general.--In appointing employees to positions in 
     the Directorate of Science and Technology, the Secretary 
     shall have the hiring and management authorities described in 
     section 1101 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note; 
     Public Law 105-261) (referred to in this subsection as 
     `section 1101').
       ``(2) Term of appointments.--The term of appointments for 
     employees under subsection (c)(1) of section 1101 may not 
     exceed 5 years before the granting of any extension under 
     subsection (c)(2) of that section.
       ``(3) Termination.--The authority under this subsection 
     shall terminate on the date on which the authority to carry 
     out the program under section 1101 terminates under section 
     1101(e)(1).''.
       (b) Conforming Amendments.--Section 307(b) of the Homeland 
     Security Act of 2002 (6 U.S.C. 187(b)) is amended by--
       (1) striking paragraph (6); and
       (2) redesignating paragraph (7) as paragraph (6).
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section shall be construed to limit the authority 
     granted under paragraph (6) of section 307(b) of the

[[Page S3440]]

     Homeland Security Act of 2002 (6 U.S.C. 187(b)), as in effect 
     on the day before the date of enactment of this Act.
                                 ______
                                 
  SA 4388. Mr. UDALL (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1097. USE OF FILLMORE CANYON FOR RECREATIONAL ACTIVITIES 
                   AND MILITARY TRAINING.

       (a) In General.--The Secretary of the Army (referred to in 
     this section as the ``Secretary'') shall allow for the 
     conduct of certain recreational activities on the 
     approximately 2,050 acres of land generally depicted as 
     ``Parcel D'' on the map entitled ``Organ Mountains Area'' and 
     dated April 19, 2016 (referred to in this section as the 
     ``parcel''), which is a portion of the public land withdrawn 
     and reserved for military purposes by Public Land Order 833 
     dated May 21, 1952 (17 Fed. Reg. 4822).
       (b) Outdoor Recreation Plan.--
       (1) In general.--The Secretary shall develop a plan for 
     public outdoor recreation on the parcel that is consistent 
     with the primary military mission of the parcel.
       (2) Requirement.--In developing the plan under paragraph 
     (1), the Secretary shall ensure, to the maximum extent 
     practicable, that outdoor recreation activities may be 
     conducted on the parcel, including, hunting, hiking, wildlife 
     viewing, and camping.
       (c) Closures.--The Secretary may close the parcel or any 
     portion of the parcel to the public as the Secretary 
     determines to be necessary to protect--
       (1) public safety; or
       (2) the safety of the military members training on the 
     parcel.
       (d) Transfer of Administrative Jurisdiction; Withdrawal.--
       (1) In general.--On a determination by the Secretary that 
     military training capabilities, personnel safety, and 
     installation security would not be hindered as a result of 
     the transfer to the Secretary of the Interior of 
     administrative jurisdiction over the parcel, the Secretary 
     shall transfer to the Secretary of the Interior 
     administrative jurisdiction over the parcel.
       (2) Withdrawal.--On transfer of the parcel under paragraph 
     (1), the parcel shall be--
       (A) under the jurisdiction of the Director of the Bureau of 
     Land Management; and
       (B) withdrawn from--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (3) Reservation.--On transfer under paragraph (1), the 
     parcel shall be reserved for management of the resources of, 
     and military training conducted on, the parcel in accordance 
     with a memorandum of understanding entered into under 
     subsection (e).
       (e) Memorandum of Understanding Relating to Military 
     Training.--
       (1) In general.--If, after the transfer of the parcel under 
     subsection (d)(1), the Secretary requests that the Secretary 
     of the Interior enter into a memorandum of understanding, the 
     Secretary of the Interior shall enter into a memorandum of 
     understanding with the Secretary providing for the conduct of 
     military training on the parcel.
       (2) Requirements.--The memorandum of understanding entered 
     into under paragraph (1) shall--
       (A) address the location, frequency, and type of training 
     activities to be conducted on the parcel;
       (B) provide to the Secretary access to the parcel for the 
     conduct of military training;
       (C) authorize the Secretary of the Interior or the 
     Secretary to close the parcel or a portion of the parcel to 
     the public as the Secretary of the Interior or the Secretary 
     determines to be necessary to protect--
       (i) public safety; or
       (ii) the safety of the military members training; and
       (D) to the maximum extent practicable, provide for the 
     protection of natural, historic, and cultural resources in 
     the area of the parcel.
       (f) Military Overflights.--Nothing in this section 
     restricts or precludes--
       (1) low-level overflights of military aircraft over the 
     parcel, including military overflights that can be seen or 
     heard within the parcel;
       (2) the designation of new units of special airspace over 
     the parcel; or
       (3) the use or establishment of military flight training 
     routes over the parcel.
                                 ______
                                 
  SA 4389. Mr. UDALL (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 596, line 5, strike ``(8) Other systems'' and 
     insert the following:
       (8) Secure laser communications systems with high data 
     rates to provide low probability of interception by 
     adversaries.
       (9) Other systems
                                 ______
                                 
  SA 4390. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. DISCONTINUATION BY DEPARTMENT OF VETERANS AFFAIRS 
                   OF USE OF SOCIAL SECURITY ACCOUNT NUMBERS TO 
                   IDENTIFY VETERANS.

       (a) In General.--Except as provided in subsection (b), the 
     Secretary of Veterans Affairs, in consultation with the 
     Secretary of Defense and the Secretary of Labor, shall 
     discontinue using Social Security account numbers to identify 
     individuals in all information systems of the Department of 
     Veterans Affairs as follows:
       (1) For all veterans submitting to the Secretary of 
     Veterans Affairs new claims for benefits under laws 
     administered by the Secretary, not later than two years after 
     the date of the enactment of this Act.
       (2) For all individuals not described in paragraph (1), not 
     later than five years after the date of the enactment of this 
     Act.
       (b) Exception.--The Secretary of Veterans Affairs may use a 
     Social Security account number to identify an individual in 
     an information system of the Department of Veterans Affairs 
     if and only if the use of such number is required to obtain 
     information the Secretary requires from an information system 
     that is not under the jurisdiction of the Secretary.
                                 ______
                                 
  SA 4391. Mrs. GILLIBRAND (for herself, Mr. Booker, and Mrs. Boxer) 
submitted an amendment intended to be proposed by her to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. RESEARCH BY DEPARTMENT OF VETERANS AFFAIRS ON 
                   THERAPEUTIC USES OF CANNABIS PLANT.

       (a) In General.--The Secretary of Veterans Affairs may, in 
     coordination with the National Center for Posttraumatic 
     Stress Disorder, within the limits of statutory authorities 
     and funding under other provisions of law, conduct clinical 
     research on the potential benefits of therapeutic use of the 
     cannabis plant by veterans--
       (1) to treat serious health conditions, such as 
     posttraumatic stress disorder (PTSD), chronic pain and 
     neuropathies, sleep disorders, traumatic brain injury, 
     seizures, Parkinson's disease, cancer, spinal cord injuries, 
     human immunodeficiency virus (HIV), and Crohn's disease; and
       (2) as a treatment to achieve and maintain abstinence from 
     opioids and heroin.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report detailing any efforts of the 
     Department of Veterans Affairs to expand the conduct of 
     research described in subsection (a).
                                 ______
                                 
  SA 4392. 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. TRAINING FOR MEMBER OF THE ARMED FORCES ON CYBER 
                   SKILLS FOR THE PROTECTION OF INDUSTRIAL CONTROL 
                   SYSTEMS.

       (a) In General.--The Secretary of Defense shall develop and 
     implement a program of training for members of the Armed 
     forces on cyber skills for the protection of industrial 
     control systems that utilizes industrial control system cyber 
     assessment expertise and training capabilities within the 
     Department of Defense. The program of training shall include 
     applied hands on training from Department units currently 
     performing industrial control systems assessments. Such 
     training shall be designed to enable members receiving such 
     training to carry out activities to

[[Page S3441]]

     protect such systems from cyber attacks of significant 
     consequence in situations where such authority already 
     exists.
       (b) Consultation.--The Secretary of Defense shall consult 
     with, and as appropriate leverage the expertise and 
     capabilities of the Department of Homeland Security and the 
     Department of Energy national laboratories, and institutions 
     of higher education and other appropriate organizations and 
     entities in the private sector in carrying out the program.
                                 ______
                                 
  SA 4393. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1151 and insert the following:

     SEC. 1151. TERMINATION OF DEPARTMENT OF DEFENSE POLICY ON 
                   FLAT RATE PER DIEM FOR LONG-TERM TEMPORARY DUTY 
                   FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT.

       (a) Termination.--The policy of the Department of Defense 
     on flat rate per diem for long-term temporary duty for 
     civilian employees of the Department (MAP/CAP 118-13), 
     effective as of November 1, 2014, is hereby terminated, and 
     the rate of per diem payable for such employees for such duty 
     after the date of the enactment of this Act shall be the rate 
     of per diem that was payable for such employees for such duty 
     as of October 31, 2014.
       (b) Funding and Offset.--Within the amounts authorized to 
     be appropriated for fiscal year 2017 for the Department of 
     Defense by section 301--
       (1) the amount available for Undistributed Operation and 
     Maintenance as specified in the funding table in section 4301 
     is hereby increased by $52,000,000, with the amount of the 
     increase to be available for payment of per diem for long-
     term temporary duty for civilian employees of the Department 
     of Defense in connection with the termination of policy made 
     by subsection (a); and
       (2) the amount available for the Defense Contract 
     Management Agency as specified in the funding table in 
     section 4301 is hereby reduced by $52,000,000, with the 
     amount of the reduction to be applied to amounts otherwise 
     available for Administration and Servicewide Activities.
                                 ______
                                 
  SA 4394. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 554. HAZING IN THE ARMED FORCES.

       (a) Identification of System for Reporting and Tracking 
     Incidents.--The Secretary of Defense shall identify a data 
     collection system that provides the Department of Defense 
     with the best mechanism for the reporting and tracking of 
     incidents of hazing involving members of the Armed Forces. 
     The system so identified may be a new data collection system 
     or a current data collection system (either as is or as 
     modified).
       (b) Surveys.--
       (1) Status of forces survey.--Each annual Status of Forces 
     Survey conducted by the Defense Manpower Data Center (DMDC) 
     after fiscal year 2017 shall include questions on hazing in 
     the Armed Forces, including questions designed to determine 
     the following:
       (A) The prevalence of hazing in the Armed Forces.
       (B) The effectiveness of training provided members of the 
     Armed Forces on hazing.
       (C) The extent to which incidents of hazing in the Armed 
     Forces are reported.
       (2) Development.--The Defense Manpower Data Center shall 
     develop the elements of the Status of Forces Survey required 
     pursuant to paragraph (1) in coordination with the Inter-
     Service Survey Coordinating Committee (ISSCC).
       (c) Reports.--
       (1) Reports to secretary of defense.--Not later than 
     January 31 each year, each Secretary of a military department 
     and the Chief of the National Guard shall submit to the 
     Secretary of Defense a report on hazing in the Armed Forces 
     under the jurisdiction of such Secretary or the National 
     Guard, as applicable, during the preceding year.
       (2) Reports to congress.--Not later than April 30 each 
     year, the Secretary of Defense shall submit to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives a consolidated report on hazing in the Armed 
     Forces during the preceding year.
                                 ______
                                 
  SA 4395. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 899C. REPORT ON DELAY IN ISSUANCE OF FINAL RULE ON 
                   ENDING TRAFFICKING IN GOVERNMENT CONTRACTING.

       Section 1708(c)(1) of the National Defense Authorization 
     Act for Fiscal Year 2013 (22 U.S.C. 7104d(c)(1)) is amended 
     by adding at the end the following new subparagraph:
       ``(C)(i) If the final rule on defining `recruitment fees' 
     (FAR Case 2015-017), which would further amend the amended 
     Federal Acquisition Regulation pursuant to subparagraph (A) 
     (FAR Case 2013-001, final rule issued January 22, 2015), has 
     not been issued by October 31, 2016, the Secretary of 
     Defense, the Administrator for General Services, and the 
     Administrator of National Aeronautics and Space shall, not 
     later than November 30, 2016, jointly submit to the 
     appropriate congressional committees a report on the reasons 
     for the delay.
       ``(ii) In this subparagraph, the term `appropriate 
     congressional committees' means--
       ``(I) the congressional defense committees;
       ``(II) the Committee on Foreign Relations and the Committee 
     on Homeland Security and Governmental Affairs of the Senate; 
     and
       ``(III) the Committee on Foreign Affairs and the Committee 
     on Oversight and Government Reform of the House of 
     Representatives.''.
                                 ______
                                 
  SA 4396. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 341. MITIGATION OF RISKS POSED BY CERTAIN FURNITURE IN 
                   MILITARY HOUSING UNITS.

       (a) In General.--The Secretary of Defense shall--
       (1) allow residents of military housing units to anchor 
     furniture, televisions, and large appliances to the wall 
     without incurring a penalty or obligation to repair the wall 
     upon vacating the unit; and
       (2) securely anchor to the wall all provided clothing 
     storage units covered by the Standard Safety Specification 
     for Clothing Storage Units (ASTM F2057-14) or any successor 
     standard, bookcases, televisions, and large appliances in 
     each furnished military housing unit in which a child under 
     the age of 6 resides or is a frequent visitor.
       (b) Anchoring for All Units.--The Secretary of Defense 
     shall securely anchor all provided clothing storage units 
     covered by the Standard Safety Specification for Clothing 
     Storage Units (ASTM F2057-14) or any successor standard, 
     bookcases, televisions, and large appliances in each 
     furnished military housing unit not later than 1 year after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 4397. Ms. KLOBUCHAR 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. EXPANSION OF ELIGIBILITY FOR VETERANS HIRING 
                   PREFERENCES TO INCLUDE CERTAIN FORMER MEMBERS 
                   OF THE RESERVE COMPONENTS OF THE ARMED FORCES.

       Section 2108(1) of title 5, United States Code, is 
     amended--
       (1) by striking ``180 consecutive days'' each place it 
     appears and inserting ``180 cumulative days''; and
       (2) in subparagraph (B), by striking ``not including 
     service under section 12103(d) of title 10'' and inserting 
     ``including service''.
                                 ______
                                 
  SA 4398. Mr. McCAIN (for himself and Mr. Sasse) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 308 strike line 16 and insert the following:
     complies with the requirements of this subsection.

[[Page S3442]]

       ``(4) This subsection does not apply to the furnishing of 
     athletic footwear to the members of the Army, the Navy, the 
     Air Force, or the Marine Corps upon their initial entry into 
     the armed forces, or prohibit the provision of a cash 
     allowance to such members for such purpose, if--
       ``(A) the Secretary of Defense determines that compliance 
     with paragraph (2) would result in a sole source contract for 
     procurement of athletic footwear for the purpose stated in 
     paragraph (1) because there would be limited qualified or 
     approved sources of supply for such footwear; or
       ``(B) the Secretary of the military department concerned 
     determines, with respect to members in initial entry training 
     under the jurisdiction of such Secretary, that providing 
     athletic footwear as otherwise required by this subsection 
     would have the potential to cause unnecessary harm and risk 
     to the safety and wellbeing of members in initial entry 
     training.''.
                                 ______
                                 
  SA 4399. Mr. DAINES (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 D of title XVI, add the following:

     SEC. 1655. UPGRADES TO THE NUCLEAR COMMAND, CONTROL, AND 
                   COMMUNICATIONS SYSTEM.

       (a) Sense of Congress.--It is the sense of Congress that 
     upgrading the nuclear command, control, and communications 
     system is essential to maintaining a secure nuclear 
     stockpile.
       (b) Availability of Funds.--The Secretary of Defense may 
     use funds authorized to be appropriated by this Act and 
     available for upgrades to the nuclear command, control, and 
     communications system to ensure high quality cybersecurity 
     and to expedite modernization of communications that travel 
     over leased telephone lines.
                                 ______
                                 
  SA 4400. 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 C of title XII, add the following:

     SEC. 1227. SENSE OF CONGRESS ON SAFE RESETTLEMENT OF CAMP 
                   LIBERTY RESIDENTS.

       It is the sense of Congress that the United States 
     Government should--
       (1) work with the Government of Iraq and the United Nations 
     High Commissioner for Refugees (UNHCR) to ensure that all 
     residents of Camp Liberty are safely resettled in Albania;
       (2) urge the Government of Iraq to take prompt and 
     appropriate steps in accordance with international agreements 
     to promote the physical security and protection of residents 
     of Camp Liberty during the resettlement process, including 
     steps to ensure that the personnel responsible for providing 
     security at Camp Liberty are adequately vetted to determine 
     that they are not affiliated with the Islamic Revolutionary 
     Guard Corps' Qods Force;
       (3) urge the Government of Iraq to ensure continued and 
     reliable access to food, clean water, medical assistance, 
     electricity and other energy needs, and any other equipment 
     and supplies necessary to sustain the residents during 
     periods of attack or siege by external forces during the 
     resettlement process;
       (4) work with the Government of Iraq to make all reasonable 
     efforts to facilitate the sale of residents' property and 
     assets remaining at Camp Ashraf and Camp Liberty for the 
     purpose of funding their cost of living and resettlement out 
     of Iraq;
       (5) work with the Government of Iraq and the UNHCR to 
     ensure that Camp Liberty residents may exercise full control 
     of all personal assets in Camp Liberty and the former Camp 
     Ashraf as the residents deem necessary;
       (6) assist, and maintain close and regular communication 
     with, the UNHCR for the purpose of expediting the ongoing 
     resettlement of all residents of Camp Liberty to Albania;
       (7) urge the Government of Albania, and the UNHCR to ensure 
     the continued recognition of the resettled residents as 
     ``persons of concern'' entitled to international protections 
     according to principles and standards in the 1951 Geneva 
     Convention relating to the Status of Refugees, and the 
     International Bill of Human Rights; and
       (8) work with the Government of Albania and the UNHCR to 
     facilitate and provide suitable locations for housing of the 
     remaining Camp Liberty residents in Albania until such time 
     as the residents become self-sufficient in meeting their 
     residential needs in Albania.
                                 ______
                                 
  SA 4401. Mr. REID (for Mr. Booker (for himself and Mr. Brown)) 
submitted an amendment intended to be proposed by Mr. Reid to the bill 
S. 2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 565. PROHIBITION ON ESTABLISHMENT, MAINTENANCE, OR 
                   SUPPORT OF SENIOR RESERVE OFFICERS' TRAINING 
                   CORPS UNITS AT PUBLIC EDUCATIONAL INSTITUTIONS 
                   THAT DISPLAY CONFEDERATE BATTLE FLAG.

       (a) Prohibition.--Section 2102 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(e) Prohibition Related to Display of Confederate Battle 
     Flag.--(1) The Secretary of a military department may not 
     establish, maintain, or support a unit of the program at any 
     public educational institution, including any senior military 
     college specified in section 2111a of this title, that 
     displays, in a location other than in a museum exhibit, the 
     Confederate battle flag.
       ``(2)(A) Upon making a determination under paragraph (1) 
     that an educational institution displays, in a location other 
     than in a museum exhibit, the Confederate battle flag, the 
     Secretary of the military department concerned shall 
     terminate, in accordance with subparagraph (B), any unit of 
     the program at that educational institution in existence as 
     of the date of the determination.
       ``(B) The termination of a unit of the program at an 
     educational institution pursuant to this paragraph shall take 
     effect on the date on which--
       ``(i) each member of the program who, as of the date of the 
     determination, is enrolled in the educational institution is 
     no longer so enrolled; and
       ``(ii) each student who, as of the date of the 
     determination, is enrolled in the educational institution but 
     not yet a member of the program, is no longer so enrolled.
       ``(3) Not later than January 31, 2017, and each January 31 
     thereafter through January 31, 2021, the Secretary of Defense 
     shall submit to the congressional defense committees a 
     report--
       ``(A) identifying each unit of the program located at an 
     educational institution that displays, in a location other 
     than in a museum exhibit, the Confederate battle flag; and
       ``(B) describing the implementation of this subsection with 
     respect to that educational institution.
       ``(4) In this subsection, the term `Confederate battle 
     flag' means the battle flag of the Army of Northern Virginia, 
     the battle flag of the Army of Tennessee, the battle flag of 
     Forrest's Cavalry Corps, the Second Confederate Navy Jack, 
     the Second Confederate Navy Ensign, or other flag with a like 
     design.''.
       (b) Conforming Amendments.--Such title is further amended 
     as follows:
       (1) In section 2102(d), striking ``The President'' and 
     inserting ``Subject to subsection (e), the President''.
       (2) In section 2111a--
       (A) in subsection (d), by striking ``The Secretary'' and 
     inserting ``Except as provided in section 2102(e) of this 
     title, the Secretary''.
       (B) in subsection (e)(1), by striking ``The Secretary'' and 
     inserting ``Except in the case of a senior miliary college at 
     which a unit of the program is terminated pursuant to section 
     2102(e) of this title, the Secretary''.
                                 ______
                                 
  SA 4402. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. PROTECTING INDIVIDUALS FROM MASS AERIAL 
                   SURVEILLANCE.

       (a) Short Title.--This section may be cited as the 
     ``Protecting Individuals From Mass Aerial Surveillance Act of 
     2015''.
       (b) Definitions.--In this section--
       (1) the terms ``mobile aerial-view device'' and ``MAVD'' 
     mean any device that through flight or aerial lift obtains a 
     dynamic, aerial view of property, persons or their effects, 
     including an unmanned aircraft (as defined in section 331 of 
     the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 
     note));
       (2) the term ``law enforcement party'' means a person or 
     entity authorized by law, or funded by the Government of the 
     United States, to investigate or prosecute offenses against 
     the United States;
       (3) the term ``Federal entity'' means any person or entity 
     acting under the authority of, or funded in whole or in part 
     by, the Government of the United States, including a

[[Page S3443]]

     Federal law enforcement party, but excluding State, tribal, 
     or local government agencies or departments;
       (4) the term ``non-Federal entity'' means any person or 
     entity that is not a Federal entity;
       (5) the term ``surveil'' means to photograph, record, or 
     observe using a sensing device, regardless of whether the 
     photographs, observations, or recordings are stored, and 
     excludes using a sensing device for the purposes of testing 
     or training operations of MAVDs;
       (6)(A) the term ``sensing device'' means a device capable 
     of remotely acquiring personal information from its 
     surroundings using any frequency of the electromagnetic 
     spectrum, or a sound detecting system, or a system that 
     detects chemicals in the atmosphere; and
       (B) the term ``sensing device'' does not include equipment 
     whose sole function is to provide information directly 
     necessary for safe air navigation or operation of a MAVD;
       (7) the term ``public lands'' means lands owned by the 
     Government of the United States; and
       (8) the term ``national borders'' refers to any region no 
     more than 25 miles of an external land boundary of the United 
     States.
       (c) Prohibited Use of MAVDS.--A Federal entity shall not 
     use a MAVD to surveil property, persons or their effects, or 
     gather evidence or other information pertaining to known or 
     suspected criminal conduct, or conduct that is in violation 
     of a statute or regulation.
       (d) Exceptions.--This section does not prohibit any of the 
     following:
       (1) Patrol of borders.--The use of a MAVD by a Federal 
     entity to surveil national borders to prevent or deter 
     illegal entry of any persons or illegal substances at the 
     borders.
       (2) Exigent circumstances.--
       (A) The use of a MAVD by a Federal entity when exigent 
     circumstances exist. For the purposes of this paragraph, 
     exigent circumstances exist when the Federal entity possesses 
     reasonable suspicion that under particular circumstances, 
     swift action is necessary--
       (i) to prevent imminent danger of death or serious bodily 
     harm to a specific individual; or
       (ii) to counter an imminent risk of a terrorist attack by a 
     specific individual or organization;
       (iii) to prevent imminent destruction of evidence; or
       (iv) to counter an imminent or actual escape of a criminal 
     or terrorist suspect.
       (B) A Federal entity using a MAVD pursuant to clause (i)(I) 
     must maintain a retrievable record of the facts giving rise 
     to the reasonable suspicion that an exigent circumstance 
     existed.
       (3) Public safety and research.--The use of a MAVD by a 
     Federal entity--
       (A) to discover, locate, observe, gather evidence in 
     connection to, or prevent forest fires;
       (B) to monitor environmental, geologic, or weather-related 
     catastrophe or damage from such an event;
       (C) to research or survey for wildlife management, habitat 
     preservation, or geologic, atmospheric, or environmental 
     damage or conditions;
       (D) to survey for the assessment and evaluation of 
     environmental, geologic or weather-related damage, erosion, 
     flood, or contamination; and
       (E) to survey public lands for illegal vegetation.
       (4) Consent.--The use of a MAVD by a Federal entity for the 
     purpose of acquiring information about an individual, or 
     about an individual's property or effects, if such individual 
     has given written consent to the use of a MAVD for such 
     purposes.
       (5) Warrant.--Law enforcement using a MAVD, pursuant to, 
     and in accordance with, a Rule 41 warrant, to surveil 
     specific property, persons or their effects.
       (e) Ban on Identifying Individuals.--
       (1) No Federal entity actor may make any intentional effort 
     to identify an individual from, or associate an individual 
     with, the information collected by operations authorized by 
     paragraphs (1) through (3) of subsection(d), nor shall the 
     collected information be disclosed to any entity except 
     another Federal entity or State, tribal, or local government 
     agency or department, or political subdivision thereof, that 
     agrees to be bound by the restrictions in this section.
       (2) The restrictions described in paragraph (1) shall not 
     apply if there is probable cause that the information 
     collected is evidence of specific criminal activity.
       (f) Prohibition on Use of Evidence.--No evidence obtained 
     or collected in violation of this Act may be received as 
     evidence against an individual in any trial, hearing, or 
     other proceeding in or before any court, grand jury, 
     department, officer, agency, regulatory body, legislative 
     committee, or other authority of the United States, a State, 
     or a political subdivision thereof.
       (g) Prohibition on Solicitation and Purchase.--
       (1) A Federal entity shall not solicit to or award 
     contracts to any entity for such entity to surveil by MAVD 
     for the Federal entity, unless the Federal entity has 
     existing authority to surveil the particular property, 
     persons or their effects, or interest.
       (2) A Federal entity shall not purchase any information 
     obtained from MAVD surveillance by a non-Federal entity if 
     such information contains personal information, except 
     pursuant to the express consent of all persons whose personal 
     information is to be sold.
       (h) Rule of Construction.--Nothing in this section shall be 
     construed to preempt any State law regarding the use of MAVDs 
     exclusively within the borders of that State.
                                 ______
                                 
  SA 4403. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. OUTDOOR RECREATION ACCESS FOR SERVICEMEMBERS AND 
                   VETERANS.

       (a) In General.--The Secretary of Agriculture and the 
     Secretary of the Interior are encouraged to work with the 
     Secretary of Defense and the Secretary of Veterans Affairs on 
     ways to ensure veterans have access to the outdoors and to 
     outdoor programs as a part of the basic services provided to 
     veterans.
       (b) Inclusion of Information.--Each branch of the Armed 
     Forces is encouraged to include information about outdoor 
     recreation in the materials and counseling services provided 
     in the Transition Assistance Program, including--
       (1) the benefits of outdoor recreation for physical and 
     mental health;
       (2) maps of parks, trails, and other recreation sites 
     within 200 miles of military bases;
       (3) resources to access guided outdoor trips; and
       (4) information regarding the Public Land Corps of the 
     National Park Service.
       (c) Outdoor Recreation Program Attendance.--Each branch of 
     the Armed Forces is encouraged to permit members of the Armed 
     Forces on active duty status, at the discretion of the 
     commander of the member, to use not more than 7 days of a 
     Permissive Temporary Duty Assignment allotted to the member 
     to attend an outdoor recreation program following deployment.
                                 ______
                                 
  SA 4404. Mr. PAUL (for himself, Mr. Murphy, and Mr. Lee) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1224. SENSE OF CONGRESS ON NEED FOR EXPLICIT AUTHORITY 
                   TO CONDUCT MILITARY OPERATIONS AGAINST ISIS.

       (a) Finding.--Congress finds that neither the 2001 
     Authorization for Use of Military Force (Public Law 107-40; 
     50 U.S.C. 1541 note) or the Authorization for Use of Military 
     Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 
     U.S.C. 1541 note) authorize the use of military force against 
     the Islamic State in Iraq and al-Sham (ISIS).
       (b) Sense of Congress.--It is the sense of Congress that 
     the President, unless acting out of self-defense or to 
     address an imminent threat to the United States, is not 
     authorized to conduct military operations against ISIS 
     without explicit authorization for the use of such force, and 
     Congress should debate and pass such an authorization.
                                 ______
                                 
  SA 4405. Mr. LEAHY (for himself and Mr. Grassley) 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 110, strike line 17 and all that follows through 
     page 111, line 4.
       On page 844, strike line 8 and all that follows through 
     page 848, the matter following line 2.
       On page 848, strike line 15 and all that follows through 
     page 850, line 4.
                                 ______
                                 
  SA 4406. Mr. LEAHY (for himself and Mr. Grassley) 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 848, strike line 15 and all that follows through 
     page 850, line 4.
                                 ______
                                 
  SA 4407. Mr. LEAHY (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him

[[Page S3444]]

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 844, strike line 8 and all that follows through 
     page 848, the matter following line 2.
                                 ______
                                 
  SA 4408. Mr. LEAHY (for himself and Mr. Grassley) 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 110, strike line 17 and all that follows through 
     page 111, line 4.
                                 ______
                                 
  SA 4409. Mr. WYDEN (for himself and Mr.  Whitehouse) 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. INCORPORATION TRANSPARENCY AND LAW ENFORCEMENT 
                   ASSISTANCE.

       (a) Short Title.--This section may be cited as the ``Stop 
     Terrorist Financing and Shell Company Abuse Act''.
       (b) Transparent Incorporation Practices.--
       (1) Transparent incorporation practices.--
       (A) In general.--Subchapter II of chapter 53 of title 31, 
     United States Code, is amended by adding after section 5332 
     the following:

     ``Sec. 5333. Transparent incorporation practices

       ``(a) Reporting Requirements.--
       ``(1) In general.--Subject to paragraph (3), not later than 
     the beginning of fiscal year 2017, the Secretary of the 
     Treasury shall issue regulations requiring each corporation 
     and limited liability company formed in a State that does not 
     have a formation system described under subsection (b) to 
     file with the Secretary such information as the corporation 
     or limited liability company would be required to provide the 
     State if such State had a formation system described under 
     subsection (b).
       ``(2) Disclosure of beneficial ownership information.--
     Beneficial ownership information reported to the Secretary of 
     the Treasury pursuant to paragraph (1) shall be provided by 
     the Secretary of the Treasury upon receipt of--
       ``(A) a civil or criminal subpoena or summons from a State 
     agency, Federal agency, or congressional committee or 
     subcommittee requesting such information;
       ``(B) a written request made by a Federal agency on behalf 
     of another country under an international treaty, agreement, 
     or convention, or an order under section 3512 of title 18 or 
     section 1782 of title 28 issued in response to a request for 
     assistance from a foreign country; or
       ``(C) a written request made by the Financial Crimes 
     Enforcement Network of the Department of the Treasury.
       ``(3) Limitation.--In issuing regulations pursuant to 
     paragraph (1), the Secretary may not require the corporation 
     or limited liability company to file with the Internal 
     Revenue Service the information described in that paragraph.
       ``(b) Formation System.--
       ``(1) In general.--With respect to a State, a formation 
     system is described under this subsection if it meets the 
     following requirements:
       ``(A) Identification of beneficial owners.--Except as 
     provided in paragraphs (2) and (4), and subject to paragraph 
     (3), each applicant seeking to form a corporation or limited 
     liability company under the laws of the State is required to 
     provide to the State during the formation process a list of 
     the beneficial owners of the corporation or limited liability 
     company that--
       ``(i) except as provided in subparagraph (F), identifies 
     each beneficial owner by--

       ``(I) name;
       ``(II) current residential or business street address; and
       ``(III) a unique identifying number from a nonexpired 
     passport issued by the United States or a nonexpired drivers 
     license issued by a State; and

       ``(ii) if the applicant is not the beneficial owner, 
     provides the identification information described in clause 
     (i) relating to the applicant.
       ``(B) Updated information.--For each corporation or limited 
     liability company formed under the laws of the State--
       ``(i) the corporation or limited liability company is 
     required by the State to update the list of the beneficial 
     owners of the corporation or limited liability company by 
     providing the information described in subparagraph (A) to 
     the State not later than 60 days after the date of any change 
     in the list of beneficial owners or the information required 
     to be provided relating to each beneficial owner;
       ``(ii) in the case of a corporation or limited liability 
     company formed or acquired by a formation agent and retained 
     by the formation agent as a beneficial owner for transfer to 
     another person, the formation agent is required by the State 
     to submit to the State an updated list of the beneficial 
     owners and the information described in subparagraph (A) for 
     each such beneficial owner not later than 10 days after date 
     on which the formation agent transfers the corporation or 
     limited liability company to another person; and
       ``(iii) the corporation or limited liability company is 
     required by the State to submit to the State an annual filing 
     containing the list of the beneficial owners of the 
     corporation or limited liability company and the information 
     described in subparagraph (A) for each such beneficial owner.
       ``(C) Retention of information.--Beneficial ownership 
     information relating to each corporation or limited liability 
     company formed under the laws of the State is required to be 
     maintained by the State until the end of the 5-year period 
     beginning on the date that the corporation or limited 
     liability company terminates under the laws of the State.
       ``(D) Information requests.--Beneficial ownership 
     information relating to each corporation or limited liability 
     company formed under the laws of the State shall be provided 
     by the State upon receipt of--
       ``(i) a civil or criminal subpoena or summons from a State 
     agency, Federal agency, or congressional committee or 
     subcommittee requesting such information;
       ``(ii) a written request made by a Federal agency on behalf 
     of another country under an international treaty, agreement, 
     or convention, or section 1782 of title 28, United States 
     Code; or
       ``(iii) a written request made by the Financial Crimes 
     Enforcement Network.
       ``(E) No bearer share corporations or limited liability 
     companies.--A corporation or limited liability company formed 
     under the laws of the State may not issue a certificate in 
     bearer form evidencing either a whole or fractional interest 
     in the corporation or limited liability company.
       ``(2) States that license formation agents.--
       ``(A) In general.--Notwithstanding paragraph (1), a State 
     described in subparagraph (B) may permit an applicant to form 
     a corporation or limited liability company under the laws of 
     the State, or a corporation or limited liability company 
     formed under the laws of the State, to provide the required 
     information to a licensed formation agent residing in the 
     State, instead of to the State directly, if the application 
     under paragraph (1)(A) or the update under paragraph (1)(B) 
     contains--
       ``(i) the name, current business address, contact 
     information, and licensing number of the licensed formation 
     agent that has agreed to maintain the information required 
     under this subsection; and
       ``(ii) a certification by the licensed formation agent that 
     the licensed formation agent has possession of the 
     information required under this subsection and will maintain 
     the information in the State licensing the licensed formation 
     agent in accordance with State law.
       ``(B) States described.--A State described in this 
     subparagraph is a State that maintains a formal licensing 
     system for formation agents that requires a formation agent 
     to register with the State, meet standards for fitness and 
     honesty, maintain a physical office and records within the 
     State, undergo regular monitoring, and be subject to 
     sanctions for noncompliance with State requirements.
       ``(C) Licensed formation agent duties.--A licensed 
     formation agent that receives beneficial ownership 
     information under State law in accordance with this paragraph 
     shall--
       ``(i) maintain the information in the State in which the 
     corporation or limited liability company is being or has been 
     formed in the same manner as required for States under 
     paragraph (1)(C);
       ``(ii) provide the information under the same circumstances 
     as required for States under paragraph (1)(D); and
       ``(iii) perform the duties of a formation agent under 
     paragraph (3).
       ``(D) Termination of relationship.--
       ``(i) In general.--Except as provided in clause (ii), a 
     licensed formation agent that receives beneficial ownership 
     information relating to a corporation or limited liability 
     company under State law in accordance with this paragraph and 
     that resigns, dissolves, or otherwise ends a relationship 
     with the corporation or limited liability company shall 
     promptly--

       ``(I) notify the State in writing that the licensed 
     formation agent has resigned or ended the relationship; and
       ``(II) transmit all beneficial ownership information 
     relating to the corporation or limited liability company in 
     the possession of the licensed formation agent to the 
     licensing State.

       ``(ii) Exception.--If a licensed formation agent receives 
     written instructions from a corporation or limited liability 
     company, the licensed formation agent may transmit

[[Page S3445]]

     the beneficial ownership information relating to the 
     corporation or limited liability company to another licensed 
     formation agent that is within the same State and has agreed 
     to maintain the information in accordance with this section.
       ``(iii) Notice to state.--If a licensed formation agent 
     provides beneficial ownership information to another licensed 
     formation agent under clause (ii), the licensed formation 
     agent providing the information shall promptly notify in 
     writing the State under the laws of which the corporation or 
     limited liability company is formed of the identity of the 
     licensed formation agent receiving the information.
       ``(3) Certain beneficial owners.--If an applicant to form a 
     corporation or limited liability company or a beneficial 
     owner, officer, director, or similar agent of a corporation 
     or limited liability company who is required to provide 
     identification information under this subsection does not 
     have a nonexpired passport issued by the United States or a 
     nonexpired drivers license or identification card issued by a 
     State, each application described in paragraph (1)(A) and 
     each update described in paragraph (1)(B) shall include a 
     certification by a formation agent residing in the State that 
     the formation agent--
       ``(A) has obtained for each such person a current 
     residential or business street address and a legible and 
     credible copy of the pages of a nonexpired passport issued by 
     the government of a foreign country bearing a photograph, 
     date of birth, and unique identifying information for the 
     person;
       ``(B) has verified the name, address, and identity of each 
     such person;
       ``(C) will provide the information described in 
     subparagraph (A) and the proof of verification described in 
     subparagraph (B) upon request under the same circumstances as 
     required for States under paragraph (1)(D); and
       ``(D) will retain the information and proof of verification 
     under this paragraph in the State in which the corporation or 
     limited liability company is being or has been formed until 
     the end of the 5-year period beginning on the date that the 
     corporation or limited liability company terminates under the 
     laws of the State.
       ``(4) Exempt entities.--
       ``(A) In general.--A formation system described in 
     paragraph (1) shall require that an application for an entity 
     described in subparagraph (C) or (D) of subsection (d)(2) 
     that is proposed to be formed under the laws of a State and 
     that will be exempt from the beneficial ownership disclosure 
     requirements under this subsection shall include in the 
     application a certification by the applicant, or a 
     prospective officer, director, or similar agent of the 
     entity--
       ``(i) identifying the specific provision of subsection 
     (d)(2) under which the entity proposed to be formed would be 
     exempt from the beneficial ownership disclosure requirements 
     under paragraphs (1), (2), and (3);
       ``(ii) stating that the entity proposed to be formed meets 
     the requirements for an entity described under such provision 
     of subsection (d)(2); and
       ``(iii) providing identification information for the 
     applicant or prospective officer, director, or similar agent 
     making the certification in the same manner as provided under 
     paragraph (1) or (3).
       ``(B) Existing entities.--On and after the date that is 2 
     years after the effective date of the amendments to the 
     formation system of a State made to comply with this section, 
     an entity formed under the laws of the State before such 
     effective date shall be considered to be a corporation or 
     limited liability company for purposes of, and shall be 
     subject to the requirements of, this subsection unless an 
     officer, director, or similar agent of the entity submits to 
     the State a certification--
       ``(i) identifying the specific provision of subsection 
     (d)(2) under which the entity is exempt from the requirements 
     under paragraphs (1), (2), and (3);
       ``(ii) stating that the entity meets the requirements for 
     an entity described under such provision of subsection 
     (d)(2); and
       ``(iii) providing identification information for the 
     officer, director, or similar agent making the certification 
     in the same manner as provided under paragraph (1) or (3).
       ``(C) Exempt entities having ownership interest.--If an 
     entity described in subparagraph (C) or (D) of subsection 
     (d)(2) has or will have an ownership interest in a 
     corporation or limited liability company formed or to be 
     formed under the laws of a State, the applicant, corporation, 
     or limited liability company in which the entity has or will 
     have the ownership interest shall provide the information 
     required under this subsection relating to the entity, except 
     that the entity shall not be required to provide information 
     regarding any natural person who has an ownership interest 
     in, exercises substantial control over, or receives 
     substantial economic benefits from the entity.
       ``(c) Penalties.--
       ``(1) In general.--It shall be unlawful for--
       ``(A) any person to affect interstate or foreign commerce 
     by--
       ``(i) knowingly providing, or attempting to provide, false 
     or fraudulent beneficial ownership information, including a 
     false or fraudulent identifying photograph, to a State or 
     licensed formation agent under State law in accordance with 
     this section;
       ``(ii) intentionally failing to provide complete or updated 
     beneficial ownership information to a State or licensed 
     formation agent under State law in accordance with this 
     section; or
       ``(iii) knowingly disclosing the existence of a subpoena, 
     summons, or other request for beneficial ownership 
     information, except--

       ``(I) to the extent necessary to fulfill the authorized 
     request; or
       ``(II) as authorized by the entity that issued the 
     subpoena, summons, or other request; or

       ``(B) in the case of a formation agent, knowingly failing 
     to obtain or maintain credible, legible, and updated 
     beneficial ownership information, including any required 
     identifying photograph.
       ``(2) Civil and criminal penalties.--In addition to any 
     civil or criminal penalty that may be imposed by a State, any 
     person who violates paragraph (1)--
       ``(A) shall be liable to the United States for a civil 
     penalty of not more than $10,000; and
       ``(B) may be fined under title 18, imprisoned for not more 
     than 3 years, or both.
       ``(d) Definitions.--For the purposes of this section:
       ``(1) Beneficial owner.--
       ``(A) In general.--The term `beneficial owner'--
       ``(i) means an natural person who, directly or indirectly--

       ``(I) exercises substantial control over a corporation or 
     limited liability company; or
       ``(II) has a substantial interest in or receives 
     substantial economic benefits from the assets of a 
     corporation or limited liability company; and

       ``(ii) does not include--

       ``(I) a minor child;
       ``(II) a person acting as a nominee, intermediary, 
     custodian, or agent on behalf of another person; or
       ``(III) a natural person acting solely as an employee of a 
     corporation or limited liability company and whose control 
     over or economic benefits from the corporation or limited 
     liability company derives solely from the employment status 
     of the natural person.

       ``(B) Anti-abuse rule.--The exclusions under clause (ii) 
     shall not apply if the person is acting as a nominee, 
     intermediary, custodian or agent on behalf of another person 
     or solely as an employee of a corporation or limited 
     liability company, as applicable, with the intent to evade 
     the requirements of this subsection or any regulation 
     promulgated under this subsection.
       ``(2) Corporation; limited liability company.--The terms 
     `corporation' and `limited liability company'--
       ``(A) have the meanings given such terms under the laws of 
     the applicable State;
       ``(B) include any non-United States entity eligible for 
     registration or registered to do business as a corporation or 
     limited liability company under the laws of the applicable 
     State;
       ``(C) do not include any entity that is, and discloses in 
     the application by the entity to form under the laws of the 
     State or, if the entity was formed before the date of the 
     enactment of this section, in a filing with the State under 
     State law--
       ``(i) a business concern that is an issuer of a class of 
     securities registered under section 12 of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78l) or that is required to 
     file reports under section 15(d) of that Act (15 U.S.C. 
     78o(d));
       ``(ii) a business concern constituted or sponsored by a 
     State, a political subdivision of a State, under an 
     interstate compact between 2 or more States, by a department 
     or agency of the United States, or under the laws of the 
     United States;
       ``(iii) a depository institution (as defined in section 3 
     of the Federal Deposit Insurance Act (12 U.S.C. 1813));
       ``(iv) a credit union (as defined in section 101 of the 
     Federal Credit Union Act (12 U.S.C. 1752));
       ``(v) a bank holding company (as defined in section 2 of 
     the Bank Holding Company Act of 1956 (12 U.S.C. 1841));
       ``(vi) a broker or dealer (as defined in section 3 of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c)) that is 
     registered under section 15 of the Securities Exchange Act of 
     1934 (15 U.S.C. 78o);
       ``(vii) an exchange or clearing agency (as defined in 
     section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c)) that is registered under section 6 or 17A of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78f and 78q-1);
       ``(viii) an investment company (as defined in section 3 of 
     the Investment Company Act of 1940 (15 U.S.C. 80a-3)) or an 
     investment advisor (as defined in section 202 of the 
     Investment Advisors Act of 1940 (15 U.S.C. 80b-2)), if the 
     company or adviser is registered with the Securities and 
     Exchange Commission, or has filed an application for 
     registration which has not been denied, under the Investment 
     Company Act of 1940 (15 U.S.C. 80a-1 et seq.) or the 
     Investment Advisor Act of 1940 (15 U.S.C. 80b-1 et seq.);
       ``(ix) an insurance company (as defined in section 2 of the 
     Investment Company Act of 1940 (15 U.S.C. 80a-2));
       ``(x) a registered entity (as defined in section 1a of the 
     Commodity Exchange Act (7 U.S.C. 1a)), or a futures 
     commission merchant, introducing broker, commodity pool 
     operator, or commodity trading advisor (as defined in section 
     1a of the Commodity Exchange Act (7 U.S.C. 1a)) that is 
     registered with the Commodity Futures Trading Commission;
       ``(xi) a public accounting firm registered in accordance 
     with section 102 of the Sarbanes-Oxley Act (15 U.S.C. 7212);

[[Page S3446]]

       ``(xii) a public utility that provides telecommunications 
     service, electrical power, natural gas, or water and sewer 
     services, within the United States;
       ``(xiii) a church, charity, or nonprofit entity that is 
     described in section 501(c), 527, or 4947(a)(1) of the 
     Internal Revenue Code of 1986, has not been denied tax exempt 
     status, and has filed the most recently due annual 
     information return with the Internal Revenue Service, if 
     required to file such a return;
       ``(xiv) any business concern that--

       ``(I) employs more than 20 employees on a full-time basis 
     in the United States;
       ``(II) files income tax returns in the United States 
     demonstrating more than $5,000,000 in gross receipts or 
     sales; and
       ``(III) has an operating presence at a physical office 
     within the United States; or

       ``(xv) any corporation or limited liability company formed 
     and owned by an entity described in clause (i), (ii), (iii), 
     (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), 
     (xiii), or (xiv); and
       ``(D) do not include any individual business concern or 
     class of business concerns which the Secretary of the 
     Treasury, with the written concurrence of the Attorney 
     General of the United States, has determined in writing 
     should be exempt from the requirements of subsection (a), 
     because requiring beneficial ownership information from the 
     business concern would not serve the public interest and 
     would not assist law enforcement efforts to detect, prevent, 
     or punish terrorism, money laundering, tax evasion, or other 
     misconduct.
       ``(3) Formation agent.--The term `formation agent' means a 
     person who, for compensation--
       ``(A) acts on behalf of another person to assist in the 
     formation of a corporation or limited liability company under 
     the laws of a State; or
       ``(B) purchases, sells, or transfers the public records 
     that form a corporation or limited liability company.''.
       (B) Rulemaking.--To carry out this Act and the amendments 
     made by this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of Homeland Security and the 
     Attorney General of the United States, may issue guidance or 
     a rule to--
       (i) clarify the definitions under section 5333(d) of title 
     31, United States Code, as added by subparagraph (A); and
       (ii) specify how to verify beneficial ownership information 
     or other identification information for purposes of section 
     5333, including whether the verification procedures specified 
     in section 5333(b)(3) should apply to all applicants under 
     section 5333(b)(1) or whether such verification process 
     should require the notarization of signatures.
       (C) Conforming amendments.--Title 31, United States Code, 
     is amended--
       (i) in section 5321(a)--

       (I) in paragraph (1), by striking ``sections 5314 and 
     5315'' each place it appears and inserting ``sections 5314, 
     5315, and 5333''; and
       (II) in paragraph (6), by inserting ``(except section 
     5333)'' after ``subchapter'' each place it appears; and

       (ii) in section 5322, by striking ``section 5315 or 5324'' 
     each place it appears and inserting ``section 5315, 5324, or 
     5333''.
       (D) Table of contents.--The table of contents for 
     subchapter II of chapter 53 of title 31, United States Code, 
     is amended by adding at the end the following:

``Sec. 5333. Transparent incorporation practices.''.

       (E) Restrictions on public access.--A State may--
       (i) restrict public access to all or any portion of the 
     beneficial ownership information provided to the State as 
     described under section 5332 of title 31, United States Code, 
     as added by this Act; and
       (ii) by statute, regulation, order, or interpretation 
     adopted or issued by the State after the date of enactment of 
     this Act, provide for public access to all or any portion of 
     such information.
       (F) No duty of verification.--This Act and the amendments 
     made by this Act do not impose any obligation on a State to 
     verify the name, address, or identity of a beneficial owner 
     whose information is submitted to such State under section 
     5333 of title 31, United States Code, as added by this Act.
       (2) Funding authorization.--
       (A) In general.--To carry out section 5333 of title 31, 
     United States Code, as added by this Act, during the 3-year 
     period beginning on the date of enactment of this Act, funds 
     shall be made available to each State to pay reasonable costs 
     relating to compliance with the requirements of such section.
       (B) Funding sources.--To protect the United States against 
     the misuse of United States corporations and limited 
     liability companies with hidden owners, funds shall be 
     provided to each State to carry out the purposes described in 
     subparagraph (A) from one or more of the following sources:
       (i) Upon application by a State, and without further 
     appropriation, the Secretary of the Treasury shall make 
     available to the State unobligated balances described in 
     section 9703(g)(4)(B) of title 31, United States Code, in the 
     Department of the Treasury Forfeiture Fund established under 
     section 9703(a) of title 31, United States Code.
       (ii) Upon application by a State, after consultation with 
     the Secretary of the Treasury, and without further 
     appropriation, the Attorney General of the United States 
     shall make available to the State excess unobligated balances 
     (as defined in section 524(c)(8)(D) of title 28, United 
     States Code) in the Department of Justice Assets Forfeiture 
     Fund established under section 524(c) of title 28, United 
     States Code.
       (C) Maximum amounts.--
       (i) Department of the treasury.--The Secretary of the 
     Treasury may not make available to States a total of more 
     than $30,000,000 under subparagraph (B)(i).
       (ii) Department of justice.--The Attorney General of the 
     United States may not make available to States a total of 
     more than $10,000,000 under subparagraph (B)(ii).
       (D) Rulemaking.--Not later than the end of the 180-day 
     period beginning on the date of the enactment of this Act, 
     the Secretary of the Treasury and the Attorney General shall, 
     jointly, issue regulations setting forth the procedures for 
     States to apply for funds under this paragraph, including 
     determining which State measures should be funded to assess, 
     plan, develop, test, or implement relevant policies, 
     procedures, or system modifications.
       (3) Compliance report.--Nothing in this subsection or the 
     amendments made by this subsection authorizes the Secretary 
     of the Treasury to withhold from a State any funding 
     otherwise available to the State because of a failure by that 
     State to comply with section 5333 of title 31, United States 
     Code, as added by this Act. Not later than the end of the 42-
     month period beginning on the date of the enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the Committee on Financial Services of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report--
       (A) identifying which States obtain beneficial ownership 
     information as described in section 5333;
       (B) with respect to each State that does not obtain such 
     information, whether corporations and limited liability 
     companies formed under the laws of such State are in 
     compliance with such section 5333 and providing the specified 
     beneficial ownership information to the Secretary of the 
     Treasury; and
       (C) whether the Department of the Treasury is in compliance 
     with section 5333 and, if not, what steps it must take to 
     come into compliance with this subsection.
       (4) Federal contractors.--Not later than the first day of 
     the first full fiscal year beginning at least 1 year after 
     the date of the enactment of this Act, the Administrator for 
     Federal Procurement Policy shall revise the Federal 
     Acquisition Regulation maintained under section 1303(a)(1) of 
     title 41, United States Code, to require any contractor who 
     is subject to the requirement to disclose beneficial 
     ownership information under section 5333 of title 31, United 
     States Code, as added by this Act, to provide the information 
     required to be disclosed under such section to the Federal 
     Government as part of any bid or proposal for a contract with 
     a value threshold in excess of the simplified acquisition 
     threshold under section 134 of title 41, United States Code.
       (5) Anti-money laundering obligations of formation 
     agents.--
       (A) In general.--Section 5312(a)(2) of title 31, United 
     States Code, is amended--
       (i) in subparagraph (Y), by striking ``or'' at the end;
       (ii) by redesignating subparagraph (Z) as subparagraph 
     (AA); and
       (iii) by inserting after subparagraph (Y) the following:
       ``(Z) any person who, for compensation--
       ``(i) acts on behalf of another person to form, or assist 
     in formation of, a corporation or limited liability company 
     under the laws of a State; or
       ``(ii) purchases, sells, or transfers the public records 
     that form a corporation or limited liability company; or''.
       (B) Deadline for anti-money laundering rule for formation 
     agents.--
       (i) Proposed rule.--Not later than 120 days after the date 
     of enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Attorney General of the United States 
     and the Commissioner of the Internal Revenue Service, shall 
     publish a proposed rule in the Federal Register requiring 
     persons described in section 5312(a)(2)(Z) of title 31, 
     United States Code, as amended by this paragraph, to 
     establish anti-money laundering programs under subsection (h) 
     of section 5318 of that title.
       (ii) Final rule.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     publish the rule described in this paragraph in final form in 
     the Federal Register.
       (iii) Exclusions.--Any rule promulgated under this 
     paragraph shall exclude from the category of persons involved 
     in forming a corporation or limited liability company--

       (I) any government agency; and
       (II) any attorney or law firm that uses a paid formation 
     agent operating within the United States to form the 
     corporation or limited liability company.

       (c) Studies and Reports.--
       (1) Other legal entities.--Not later than 2 years after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall conduct a study and submit to Congress a 
     report--
       (A) identifying each State that has procedures that enable 
     persons to form or register under the laws of the State 
     partnerships, trusts, or other legal entities, and the nature 
     of those procedures;

[[Page S3447]]

       (B) identifying each State that requires persons seeking to 
     form or register partnerships, trusts, or other legal 
     entities under the laws of the State to provide information 
     about the beneficial owners (as that term is defined in 
     section 5333(d)(1) of title 31, United States Code, as added 
     by this Act) or beneficiaries of such entities, and the 
     nature of the required information;
       (C) evaluating whether the lack of available beneficial 
     ownership information for partnerships, trusts, or other 
     legal entities--
       (i) raises concerns about the involvement of such entities 
     in terrorism, money laundering, tax evasion, securities 
     fraud, or other misconduct; and
       (ii) has impeded investigations into entities suspected of 
     such misconduct; and
       (D) evaluating whether the failure of the United States to 
     require beneficial ownership information for partnerships and 
     trusts formed or registered in the United States has elicited 
     international criticism and what steps, if any, the United 
     States has taken or is planning to take in response.
       (2) Effectiveness of incorporation practices.--Not later 
     than 5 years after the date of enactment of this Act, the 
     Comptroller General of the United States shall conduct a 
     study and submit to the Congress a report assessing the 
     effectiveness of incorporation practices implemented under 
     this Act and the amendments made by this Act in--
       (A) providing law enforcement agencies with prompt access 
     to reliable, useful, and complete beneficial ownership 
     information; and
       (B) strengthening the capability of law enforcement 
     agencies to combat incorporation abuses, civil and criminal 
     misconduct, and detect, prevent, or punish terrorism, money 
     laundering, tax evasion, or other misconduct.
                                 ______
                                 
  SA 4410. 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 E of title V, add the following:

     SEC. 565. PROGRAM PARTICIPATION AGREEMENTS FOR PROPRIETARY 
                   INSTITUTIONS OF HIGHER EDUCATION.

       Section 487 of the Higher Education Act of 1965 (20 U.S.C. 
     1094) is amended--
       (1) in subsection (a)(24)--
       (A) by inserting ``that receives funds provided under this 
     title'' before ``, such institution''; and
       (B) by striking ``other than funds provided under this 
     title, as calculated in accordance with subsection (d)(1)'' 
     and inserting ``other than Federal educational assistance, as 
     defined in subsection (d)(5) and calculated in accordance 
     with subsection (d)(1)''; and
       (2) in subsection (d)--
       (A) in the subsection heading, by striking ``Non-Title IV'' 
     and inserting ``Non-Federal Educational'';
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``that receives funds provided under this title'' before 
     ``shall'';
       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``assistance under this 
     title'' and inserting ``Federal educational assistance''; and
       (II) in clause (ii)(I), by inserting ``, or on a military 
     base if the administering Secretary for a program of Federal 
     educational assistance under clause (ii), (iii), or (iv) of 
     paragraph (5)(B) has authorized such location'' before the 
     semicolon;

       (iii) in subparagraph (C), by striking ``program under this 
     title'' and inserting ``program of Federal educational 
     assistance'';
       (iv) in subparagraph (E), by striking ``funds received 
     under this title'' and inserting ``Federal educational 
     assistance''; and
       (v) in subparagraph (F)--

       (I) in clause (iii), by striking ``under this title'' and 
     inserting ``of Federal educational assistance''; and
       (II) in clause (iv), by striking ``under this title'' and 
     inserting ``of Federal educational assistance'';

       (C) in paragraph (2)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Ineligibility.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, a proprietary institution of higher education receiving 
     funds provided under this title that fails to meet a 
     requirement of subsection (a)(24) for two consecutive 
     institutional fiscal years shall be ineligible to participate 
     in or receive funds under any program of Federal educational 
     assistance for a period of not less than two institutional 
     fiscal years.
       ``(ii) Regaining eligibility.--To regain eligibility to 
     participate in or receive funds under any program of Federal 
     educational assistance after being ineligible pursuant to 
     clause (i), a proprietary institution of higher education 
     shall demonstrate compliance with all eligibility and 
     certification requirements for the program for a minimum of 
     two consecutive institutional fiscal years after the 
     institutional fiscal year in which the institution became 
     ineligible. In order to regain eligibility to participate in 
     any program of Federal educational assistance under this 
     title, such compliance shall include meeting the requirements 
     of section 498 for such 2-year period.
       ``(iii) Notification of ineligibility.--The Secretary of 
     Education shall determine when a proprietary institution of 
     higher education that receives funds under this title is 
     ineligible under clause (i) and shall notify all other 
     administering Secretaries of the determination.
       ``(iv) Enforcement.--Each administering Secretary for a 
     program of Federal educational assistance shall enforce the 
     requirements of this subparagraph for the program concerned 
     upon receiving notification under clause (iii) of a 
     proprietary institution of higher education's 
     ineligibility.''; and
       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i)--

       (aa) by striking ``In addition'' and all that follows 
     through ``education fails'' and inserting ``Notwithstanding 
     any other provision of law, in addition to such other means 
     of enforcing the requirements of a program of Federal 
     educational assistance as may be available to the 
     administering Secretary, if a proprietary institution of 
     higher education that receives funds provided under this 
     title fails''; and
       (bb) by striking ``the programs authorized by this title'' 
     and inserting ``all programs of Federal educational 
     assistance''; and

       (II) in clause (i), by inserting ``with respect to a 
     program of Federal educational assistance under this title,'' 
     before ``on the expiration date'';

       (D) in paragraph (4)(A), by striking ``sources under this 
     title'' and inserting ``Federal educational assistance''; and
       (E) by adding at the end the following:
       ``(5) Definitions.--In this subsection:
       ``(A) Administering secretary.--The term `administering 
     Secretary' means the Secretary of Education, the Secretary of 
     Defense, the Secretary of Veterans Affairs, the Secretary of 
     Homeland Security, or the Secretary of a military department 
     responsible for administering the Federal educational 
     assistance concerned.
       ``(B) Federal educational assistance.--The term `Federal 
     educational assistance' means funds provided under any of the 
     following provisions of law:
       ``(i) This title.
       ``(ii) Chapter 30, 31, 32, 33, 34, or 35 of title 38, 
     United States Code.
       ``(iii) Chapter 101, 105, 106A, 1606, 1607, or 1608 of 
     title 10, United States Code.
       ``(iv) Section 1784a of title 10, United States Code.''.

     SEC. 566. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS 
                   AFFAIRS ACTIONS ON INELIGIBILITY OF CERTAIN 
                   PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION 
                   FOR PARTICIPATION IN PROGRAMS OF EDUCATIONAL 
                   ASSISTANCE.

       (a) Department of Defense.--
       (1) In general.--Chapter 101 of title 10, United States 
     Code, is amended by inserting after section 2008 the 
     following new section:

     ``Sec. 2008a. Ineligibility of certain proprietary 
       institutions of higher education for participation in 
       Department of Defense programs of educational assistance

       ``(a) In General.--Upon receipt of a notice from the 
     Secretary of Education under clause (iii) of section 
     487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 
     1094(d)(2)(A)) that a proprietary institution of higher 
     education is ineligible for participation in or receipt of 
     funds under any program of Federal educational assistance by 
     reason of such section, the Secretary of Defense shall ensure 
     that no educational assistance under the provisions of law 
     specified in subsection (b) is available or used for 
     education at the institution for the period of institutional 
     fiscal years covered by such notice.
       ``(b) Covered Assistance.--The provisions of law specified 
     in this subsection are the provisions of law on educational 
     assistance through the Department of Defense as follows:
       ``(1) This chapter.
       ``(2) Chapters 105, 106A, 106A, 1606, 1607, and 1608 of 
     this title.
       ``(3) Section 1784a of this title.
       ``(c) Notice on Ineligibility.--(1) The Secretary of 
     Defense shall take appropriate actions to notify persons 
     receiving or eligible for educational assistance under the 
     provisions of law specified in subsection (b) of the 
     application of the limitations in section 487(d)(2) of the 
     Higher Education Act of 1965 to particular proprietary 
     institutions of higher education.
       ``(2) The actions taken under this subsection with respect 
     to a proprietary institution shall include publication, on 
     the Internet website of the Department of Defense that 
     provides information to persons described in paragraph (1), 
     of the following:
       ``(A) The name of the institution.
       ``(B) The extent to which the institution failed to meet 
     the requirements of section 487(a)(24) of the Higher 
     Education Act of 1965.
       ``(C) The length of time the institution will be ineligible 
     for participation in or receipt of funds under any program of 
     Federal educational assistance by reason of section 
     487(d)(2)(A) of that Act.
       ``(D) The nonavailability of educational assistance through 
     the Department for enrollment, attendance, or pursuit of a 
     program of education at the institution by reason of such 
     ineligibility.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by 
     inserting after the item relating to section 2008 the 
     following new item:


[[Page S3448]]


``2008a. Ineligibility of certain proprietary institutions of higher 
              education for participation in Department of Defense 
              programs of educational assistance.''.

       (b) Department of Veterans Affairs.--
       (1) In general.--Subchapter II of chapter 36 of title 38, 
     United States Code, is amended by inserting after section 
     3681 the following new section:

     ``Sec. 3681A. Ineligibility of certain proprietary 
       institutions of higher education for participation in 
       Department of Veterans Affairs programs of educational 
       assistance

       ``(a) In General.--Upon receipt of a notice from the 
     Secretary of Education under clause (iii) of section 
     487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 
     1094(d)(2)(A)) that a proprietary institution of higher 
     education is ineligible for participation in or receipt of 
     funds under any program of Federal educational assistance by 
     reason of such section, the Secretary of Veterans Affairs 
     shall ensure that no educational assistance under the 
     provisions of law specified in subsection (b) is available or 
     used for education at the institution for the period of 
     institutional fiscal years covered by such notice.
       ``(b) Covered Assistance.--The provisions of law specified 
     in this subsection are the provisions of law on educational 
     assistance through the Department under chapters 30, 31, 32, 
     33, 34, and 35 of this title.
       ``(c) Notice on Ineligibility.--(1) The Secretary of 
     Veterans Affairs shall take appropriate actions to notify 
     persons receiving or eligible for educational assistance 
     under the provisions of law specified in subsection (b) of 
     the application of the limitations in section 487(d)(2) of 
     the Higher Education Act of 1965 to particular proprietary 
     institutions of higher education.
       ``(2) The actions taken under this subsection with respect 
     to a proprietary institution shall include publication, on 
     the Internet website of the Department that provides 
     information to persons described in paragraph (1), of the 
     following:
       ``(A) The name of the institution.
       ``(B) The extent to which the institution failed to meet 
     the requirements of section 487(a)(24) of the Higher 
     Education Act of 1965.
       ``(C) The length of time the institution will be ineligible 
     for participation in or receipt of funds under any program of 
     Federal educational assistance by reason of section 
     487(d)(2)(A) of that Act.
       ``(D) The nonavailability of educational assistance through 
     the Department for enrollment, attendance, or pursuit of a 
     program of education at the institution by reason of such 
     ineligibility.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by inserting 
     after the item relating to section 3681 the following new 
     item:

``3681A. Ineligibility of certain proprietary institutions of higher 
              education for participation in Department of Veterans 
              Affairs programs of educational assistance.''.
                                 ______
                                 
  SA 4411. 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:

     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 may, 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.--Any reimbursements under subsection (a) shall 
     be made from amounts authorized to be appropriated for the 
     Department of Defense for operation and maintenance.
                                 ______
                                 
  SA 4412. Ms. AYOTTE (for herself and Mr. Coons) 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. SCORE PROGRAM.

         (a) Reauthorization.--Section 20 of the Small Business 
     Act (15 U.S.C. 631 note) is amended--
         (1) by redesignating subsection (j) as subsection (f); 
     and
         (2) by adding at the end the following:
         ``(g) SCORE Program.--There are authorized to be 
     appropriated to the Administrator to carry out the SCORE 
     program authorized under section 8(b)(1) such sums as are 
     necessary for the Administrator to make grants or enter into 
     cooperative agreements in a total amount that does not exceed 
     $10,500,000 in each of fiscal years 2017 and 2018.''.
         (b) Program Amendments.--Section 8 of the Small Business 
     Act (15 U.S.C. 637) is amended--
         (1) in subsection (b)(1)(B), in the first sentence, by 
     striking ``a Service Corps of Retired Executives (SCORE)'' 
     and inserting ``the SCORE program described in subsection 
     (c)''; and
         (2) by striking subsection (c) and inserting the 
     following:
         ``(c)(1) In this subsection--
         ``(A) the term `SCORE Association' means any organization 
     that receives a grant from the Administrator to operate the 
     SCORE program under paragraph (2)(A); and
         ``(B) the term `SCORE program' means the SCORE program 
     authorized under subsection (b)(1)(B).
         ``(2)(A) The Administrator shall provide a grant to the 
     SCORE Association to manage the SCORE program.
         ``(B) A volunteer participating in the SCORE program 
     shall--
         ``(i) based on the business experience and knowledge of 
     the volunteer--
         ``(I) provide personal counseling, mentoring, and 
     coaching--
         ``(aa) at no cost;
         ``(bb) to individuals who own, or aspire to own, a small 
     business concern; and
         ``(cc) relating to the process of starting, expanding, 
     managing, buying, and selling a small business concern; and
         ``(II) facilitate low-cost education workshops for 
     individuals who own, or aspire to own, a small business 
     concern; and
         ``(ii) as appropriate, use tools, resources, and the 
     expertise of other organizations to carry out the SCORE 
     program.
         ``(3) The Administrator, in consultation with the SCORE 
     Association, shall ensure that the SCORE program and each 
     chapter of the SCORE program develop and implement plans and 
     goals to more effectively and efficiently provide services--
         ``(A) to individuals in--
         ``(i) rural areas;
         ``(ii) economically disadvantaged communities; and
         ``(iii) other traditionally underserved communities; and
         ``(B) that include plans for--
         ``(i) electronic initiatives;
         ``(ii) web-based initiatives;
         ``(iii) chapter expansion;
         ``(iv) partnerships; and
         ``(v) the development of new skills by volunteers 
     participating in the SCORE program.
         ``(4) The SCORE Association shall submit to the 
     Administrator an annual report that contains--
         ``(A) the number of individuals counseled or trained 
     under the SCORE program;
         ``(B) the number of hours of counseling provided under 
     the SCORE program; and
         ``(C) to the extent possible--
         ``(i) the number of small business concerns formed with 
     assistance from the SCORE program;
         ``(ii) the number of small business concerns expanded 
     with assistance from the SCORE program; and
         ``(iii) the number of jobs created with assistance from 
     the SCORE program.
         ``(5)(A) Neither the Administrator nor the SCORE 
     Association may disclose the name, address, or telephone 
     number of any individual or small business concern receiving 
     assistance from the SCORE Association without the consent of 
     the individual or small business concern, unless--
         ``(i) the Administrator is ordered to make such a 
     disclosure by a court in any civil or criminal enforcement 
     action initiated by a Federal or State agency; or
         ``(ii) the Administrator determines that such a 
     disclosure is necessary to conduct a financial audit of the 
     SCORE program, in which case disclosure shall be limited to 
     the information necessary for the audit.
         ``(B) This paragraph shall not--
         ``(i) restrict the access of the Administrator to program 
     activity data; or
         ``(ii) prevent the Administrator from using client 
     information to conduct client surveys.
         ``(C)(i) The Administrator shall, after the opportunity 
     for notice and comment, establish standards for--

[[Page S3449]]

         ``(I) disclosures with respect to financial audits under 
     subparagraph (A)(ii); and
         ``(II) conducting client surveys, including standards for 
     oversight of the surveys and for dissemination and use of 
     client information.
         ``(ii) The standards issued under this subparagraph 
     shall, to the extent practicable, provide for the maximum 
     amount of privacy protection.''.
                                 ______
                                 
  SA 4413. 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 title X, add the following:

              Subtitle J--Preventing Dirty Bomb Terrorism

     SEC. 1097. SHORT TITLE.

       This subtitle may be cited as the ``Preventing Dirty Bomb 
     Terrorism Act of 2016''.

     SEC. 1098. STRATEGY FOR SECURING HIGH ACTIVITY RADIOLOGICAL 
                   SOURCES.

       (a) In General.--The Administrator for Nuclear Security 
     shall--
       (1) not later than 5 years after the date of enactment of 
     this Act, in coordination with the Chairman of the Nuclear 
     Regulatory Commission and the Secretary of Homeland Security, 
     develop a strategy to enhance the security of all risk-
     significant radiological materials; and
       (2) not later than 120 days after the date of the enactment 
     of this Act, submit to the appropriate congressional 
     committees a report describing the strategy required by 
     paragraph (1).
       (b) Elements.--The report required by subsection (a)(2) 
     shall include the following:
       (1) A description of activities of the National Nuclear 
     Security Administration, ongoing as of the date of the 
     enactment of this Act--
       (A) to secure risk-significant radiological materials; and
       (B) to secure radiological materials and prevent the 
     illicit trafficking of such materials as part of the Global 
     Nuclear Detection Architecture.
       (2) A list of any gaps in the legal authority of United 
     States Government agencies needed to secure all risk-
     significant radiological materials.
       (3) An estimate of the cost of securing all risk-
     significant radiological materials.
       (4) A list, in the classified annex authorized by 
     subsection (c), of all locations where risk-significant 
     radiological material is kept under conditions that fail to 
     meet the enhanced physical security standards promulgated by 
     the Office of Global Material Security of the National 
     Nuclear Security Administration.
       (c) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form and shall include a 
     classified annex.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Energy and Natural Resources, the Committee on Environment 
     and Public Works, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Energy and Commerce, and the Committee on Homeland Security 
     of the House of Representatives.
       (2) Risk-significant radiological material.--The term 
     ``risk-significant radiological material'' means category 1 
     and category 2 radioactive materials, as determined by the 
     Nuclear Regulatory Commission, located within the United 
     States.
       (3) Secure.--The terms ``secure'' and ``security'', with 
     respect to risk-significant radiological materials, refer to 
     all activities to prevent terrorists from acquiring such 
     sources, including enhanced physical security and tracking 
     measures, removal and disposal of such sources that are not 
     used, replacement of such sources with nonradiological 
     technologies where feasible, and detection of illicit 
     trafficking of such sources.

     SEC. 1099. PREVENTING TERRORIST ACCESS TO DOMESTIC 
                   RADIOLOGICAL SOURCES.

       (a) Commercial Licenses.--Section 103 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2133) is amended--
       (1) in subsection d., in the third sentence, by inserting 
     ``under a circumstance described in subsection g., or'' after 
     ``within the United States''; and
       (2) by adding at the end the following:
       ``g. In addition to the limitations described in subsection 
     d. and the limitations provided at the discretion of the 
     Commission, the Commission shall not grant a license for 
     risk-significant radiological material to any person that 
     is--
       ``(1) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(2) convicted of any offense under any Federal, State, or 
     local law or ordinance, an element of which is--
       ``(A) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(B) providing material support or resources for 
     terrorism; or
       ``(C) the making of a terrorist threat or terroristic 
     threat.
       ``h. The Commission shall suspend any license granted under 
     this section if the Commission discovers that the licensee is 
     providing unescorted access to any employee who is--
       ``(1) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(2) convicted of any offense under any Federal, State, or 
     local law or ordinance, an element of which is--
       ``(A) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(B) providing material support or resources for 
     terrorism; or
       ``(C) the making of a terrorist threat or terroristic 
     threat.
       ``i. The Commission may lift the suspension of a license 
     made pursuant to subsection h. if--
       ``(1) the licensee has revoked unescorted access privileges 
     to the employee;
       ``(2) the licensee has alerted the appropriate Federal, 
     State, and local law enforcement offices of the provision and 
     revocation of unescorted access to the employee; and
       ``(3) the Commission has conducted a review of the security 
     of the licensee and determined that reinstatement of the 
     licensee would not be inimical to the national security 
     interests of the United States.
       ``j. Any suspension enacted by the Commission in subsection 
     h. shall only take effect 48 hours after the licensee 
     receives notification from the Commission of an employee that 
     meets the criteria listed in subsection h.''.
       (b) Medical Therapy and Research and Development.--Section 
     104 of the Atomic Energy Act of 1954 (42 U.S.C. 2134) is 
     amended--
       (1) in subsection d., in the third sentence, by inserting 
     ``under a circumstance described in subsection e., or'' after 
     ``within the United States''; and
       (2) by adding at the end the following:
       ``e. In addition to the limitations described in subsection 
     d. and the limitations provided at the discretion of the 
     Commission, the Commission shall not grant a license to any 
     individual who is--
       ``(1) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(2) convicted of any offense under any Federal, State, or 
     local law or ordinance, an element of which is--
       ``(A) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(B) providing material support or resources for 
     terrorism; or
       ``(C) the making of a terrorist threat or terroristic 
     threat.
       ``f. The Commission shall suspend any license granted under 
     this section if the Commission discovers that the licensee is 
     providing unescorted access to any employee who is--
       ``(1) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(2) convicted of any offense under any Federal, State, or 
     local law or ordinance, an element of which is--
       ``(A) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(B) providing material support or resources for 
     terrorism; or
       ``(C) the making of a terrorist threat or terroristic 
     threat.
       ``g. The Commission may lift the suspension of a license 
     made pursuant to subsection f. if--
       ``(1) the licensee has revoked unescorted access privileges 
     to the employee;
       ``(2) the licensee has alerted the appropriate Federal, 
     State, and local law enforcement offices of the provision and 
     revocation of unescorted access to the employee; and
       ``(3) the Commission has conducted a review of the security 
     of the licensee and determined that reinstatement of the 
     licensee would not be inimical to the national security 
     interests of the United States.
       ``h. Any suspension enacted by the Commission in subsection 
     f. shall only take effect 48 hours after the licensee 
     receives notification from the Commission of an employee that 
     meets the criteria listed in subsection f.''.
       (c) Cooperation With States.--Section 274 b. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2021(b)) is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and indenting 
     appropriately;
       (2) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``b. Except as'' and inserting the 
     following:
       ``b. Authorization to Enter Into Agreements.--
       ``(1) In general.--Subject to paragraph (2), except as''; 
     and
       (3) by adding at the end the following:
       ``(2) Requirement.--
       ``(A) In general.--The Commission shall not enter into an 
     agreement with the Governor of a State under paragraph (1) 
     unless the Governor agrees that the State--
       ``(i) shall not grant a license to any individual who is--

       ``(I) listed in the terrorist screening database maintained 
     by the Federal Government

[[Page S3450]]

     Terrorist Screening Center of the Federal Bureau of 
     Investigation; or
       ``(II) convicted of any offense under any Federal, State, 
     or local law or ordinance, an element of which is--

       ``(aa) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(bb) providing material support or resources for 
     terrorism; or
       ``(cc) the making of a terrorist threat or terroristic 
     threat; and
       ``(ii) shall suspend the license of a licensee if the 
     Commission or the State discovers that the licensee is 
     providing unescorted access to any employee who is--

       ``(I) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(II) convicted of any offense under any Federal, State, 
     or local law or ordinance, an element of which is--

       ``(aa) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(bb) providing material support or resources for 
     terrorism; or
       ``(cc) the making of a terrorist threat or terroristic 
     threat.
       ``(B) Existing agreements.--With respect to a State with an 
     agreement in effect as of the date of enactment of this 
     paragraph, the Commission shall terminate the agreement 
     pursuant to subsection j. unless the Governor of the State 
     agrees that the State shall not grant a license to any 
     individual who is--
       ``(i) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(ii) convicted of any offense under any Federal, State, 
     or local law or ordinance, an element of which is--

       ``(I) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(II) providing material support or resources for 
     terrorism; or
       ``(III) the making of a terrorist threat or terroristic 
     threat.

       ``(C) Suspension of existing agreements.--With respect to a 
     State with an agreement in effect as of the date of enactment 
     of this paragraph, the Governor of the State shall suspend 
     immediately any license granted by the State if the 
     Commission or the State discovers that the licensee is 
     providing unescorted access to any employee who is--
       ``(i) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(ii) convicted of any offense under any Federal, State, 
     or local law or ordinance, an element of which is--

       ``(I) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(II) providing material support or resources for 
     terrorism; or
       ``(III) the making of a terrorist threat or terroristic 
     threat.

       ``(D) Lifting of suspension.--The Governor of the State may 
     lift the suspension of a license made pursuant to 
     subparagraph (A)(ii) or subparagraph (C) if--
       ``(i) the licensee has revoked unescorted access privileges 
     to the employee;
       ``(ii) the licensee has alerted the appropriate Federal, 
     State, and local law enforcement offices of the provision and 
     revocation of unescorted access to the employee; and
       ``(iii) the Commission has conducted a review of the 
     security of the licensee and determined that reinstatement of 
     the licensee would not be inimical to the national security 
     interests of the United States.
       ``(E) Termination.--If the Governor of a State does not 
     suspend a license under subparagraph (A)(ii) or subparagraph 
     (C), the Commission shall suspend the agreement with the 
     Governor of the State until the Governor of the State 
     suspends the license.''.

     SEC. 1099A. OUTREACH TO STATE AND LOCAL LAW ENFORCEMENT 
                   AGENCIES ON RADIOLOGICAL THREATS.

       Section 201(d) of the Homeland Security Act of 2002 (6 
     U.S.C. 121(d)) is amended by adding at the end the following:
       ``(26)(A) Not later than every 2 years, the Secretary shall 
     submit a written certification to Congress that field staff 
     of the Department have briefed State and local law 
     enforcement representatives about radiological security 
     threats.
       ``(B) A briefing conducted under subparagraph (A) shall 
     include information on--
       ``(i) the presence and current security status of all risk-
     significant radiological materials housed within the 
     jurisdiction of the law enforcement agency being briefed;
       ``(ii) the threat that risk-significant radiological 
     materials could pose to their communities and to the national 
     security of the United States if these sources were lost, 
     stolen or subject to sabotage by criminal or terrorist 
     actors; and
       ``(iii) guidelines and best pest practices for mitigating 
     the impact of emergencies involving risk-significant 
     radiological materials.
       ``(C) The National Nuclear Security Administration, the 
     Nuclear Regulatory Commission, and Federal law enforcement 
     agencies shall provide information to the Department in order 
     for the Department to submit the written certification 
     described in subparagraph (A).
       ``(D) A written certification described in subparagraph (A) 
     shall include a report on the activity of the field staff of 
     the Department to brief State and local law enforcement 
     representatives, including, as provided to field staff of the 
     Department by State and local law enforcement agencies--
       ``(i) an aggregation of incidents regarding radiological 
     material; and
       ``(ii) information on current activities undertaken to 
     address the vulnerabilities of these risk-significant 
     radiological materials.
       ``(E) In this paragraph, the term `risk-significant 
     radiological material' means category 1 and category 2 
     radioactive materials, as determined by the Nuclear 
     Regulatory Commission, located within the United States.''.
                                 ______
                                 
  SA 4414. Mr. KAINE (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title IX, add the following:

           Subtitle F--National Commission on Defense Reform

     SEC. 981. NATIONAL COMMISSION ON DEFENSE REFORM.

       (a) Establishment.--There is established in the executive 
     branch an independent commission to be known as the National 
     Commission on Defense Reform (in this subtitle referred to as 
     the ``Commission''). The Commission shall be considered an 
     independent establishment of the Federal Government as 
     defined by section 104 of title 5, United States Code, and a 
     temporary organization under section 3161 of such title.
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 9 
     members, of whom--
       (A) one shall be appointed by the President;
       (B) two shall be appointed by the Majority Leader of the 
     Senate, in consultation with the Chairman of the Committee on 
     Armed Services of the Senate;
       (C) two shall be appointed by the Minority Leader of the 
     Senate, in consultation with the Ranking Member of the 
     Committee on Armed Services of the Senate;
       (D) two shall be appointed by the Speaker of the House of 
     Representatives, in consultation with the Chairman of the 
     Committee on Armed Services of the House of Representatives; 
     and
       (E) two shall be appointed by the Minority Leader of the 
     House of Representatives, in consultation with the Ranking 
     Member of the Committee on Armed Services of the House of 
     Representatives.
       (2) Appointment date.--The appointments of the members of 
     the Commission shall be made not later than 90 days after the 
     date of the enactment of this Act (which deadline shall be 
     referred to in this subtitle as the ``Commission 
     establishment date'').
       (3) Effect of lack of appointment by appointment date.--If 
     an appointment or appointments under a subparagraph of 
     paragraph (1) is not made by the appointment date specified 
     in paragraph (2), the authority to make an appointment or 
     appointments under such subparagraph shall expire, and the 
     number of members of the Commission shall be reduced by the 
     number equal to the number otherwise appointable under such 
     subparagraph.
       (4) Expertise.--In making appointments under this 
     subsection, consideration should be given to individuals with 
     expertise in national and international security policy and 
     strategy, military forces capability, force structure design 
     and employment, and improving the effectiveness of large 
     organizations.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (d) Chair and Vice Chair.--The Commission shall select a 
     Chair and Vice Chair from among its members.
       (e) Status as Federal Employees.--Notwithstanding section 
     2105 of title 5, United States Code, including the 
     supervision required under subsection (a)(3) of such section, 
     the members of the Commission shall be deemed to be Federal 
     employees.
       (f) Initial Meeting.--The Commission shall hold its first 
     meeting not later than 30 days after the Commission 
     establishment date.
       (g) Meetings.--The Commission shall meet at the call of the 
     Chair.
       (h) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.

     SEC. 982. PURPOSE AND SCOPE OF THE COMMISSION.

       (a) Purpose.--The purpose of the Commission is to undertake 
     a comprehensive review of the organization and operations of 
     the Department of Defense, in order to make recommendations 
     for reform.
       (b) Scope of Review.--In undertaking the review required by 
     subsection (a), the Commission shall give consideration to 
     the following:
       (1) The structure and organization of the Department of 
     Defense, including the Office

[[Page S3451]]

     of the Secretary of Defense, the Office of the Chairman of 
     the Joint Chiefs of Staff, the Joint Staff, and the 
     headquarters of the Armed Forces.
       (2) The responsibilities and authorities of the geographic 
     and functional combatant commands.
       (3) The organization, responsibilities, and interaction of 
     the combatant commands, subordinate commands, and Joint Task 
     Forces with the Joint Staff and the Office of the Secretary 
     of Defense, including overlap in such matters.
       (4) The responsibilities and authorities of the Secretary 
     of Defense and the Chairman of the Joint Chiefs of Staff.
       (5) The development and structure of the defense budget.
       (6) The development and promulgation of the Unified Command 
     Plan, military strategy and contingency planning.
       (7) The professional education and development of military 
     and civilian defense leaders.
       (8) Cost-management and business practices.
       (9) Interaction between the Department and industry.
       (10) Interaction, including planning and coordination 
     authorities, between the Department of Defense and other 
     departments and agencies of the Federal Government with 
     equities in national security.
       (11) Reforms and reorganizations undertaken by the 
     Secretary of Defense, including those directed by this Act.
       (c) Principles.--The recommendations of the Commission 
     shall sustain and strengthen the following enduring 
     principles:
       (1) Preservation of civilian control of the military.
       (2) Maximization of the effectiveness of military 
     operations.
       (3) Availability of appropriate numbers of members of the 
     Armed Forces for required operations.
       (4) Efficient and effective management of the defense 
     establishment.
       (5) Maintenance of the all-volunteer joint force.
       (6) Innovation and accountability in defense acquisition.
       (7) Maintenance of the focus of the activities of the 
     Department on support of the warfighter.
       (8) Adequacy and sufficiency in the development of defense 
     policy, strategy, and plans.

     SEC. 983. DUTIES OF THE COMMISSION.

       (a) Secretary of Defense Recommendations.--
       (1) Deadline.--Not later than six months after the 
     Commission establishment date, the Secretary of Defense shall 
     transmit to the Commission the recommendations of the 
     Secretary for reform of the organization and operations of 
     the Department of Defense. The Secretary shall concurrently 
     transmit the recommendations to the Committees on Armed 
     Services of the Senate and the House of Representatives.
       (2) Justification.--The Secretary shall include with the 
     recommendations under paragraph (1) the justification of the 
     Secretary for each recommendation.
       (3) Availability of information.--The Secretary shall make 
     available to the Commission and to the Committees on Armed 
     Services of the Senate and the House of Representatives the 
     information used by the Secretary to prepare the 
     recommendations of the Secretary under paragraph (1).
       (b) Independent Efficiency Review.--
       (1) In general.--The Commission shall work with an 
     appropriate entity outside the Department of Defense to 
     conduct a review of the current structure, organization, and 
     operations of the Department and to make recommendations to 
     reduce fragmentation, overlap, or duplication in such 
     structure, organization, and operations.
       (2) Entity to perform review.--The entity performing the 
     review under paragraph (1) shall have--
       (A) a depth of experience in management best practices in 
     the private sector; and
       (B) familiarity with the unique requirements of the defense 
     enterprise.
       (3) Purpose and scope.--The review under paragraph (1) 
     shall address the following:
       (A) Areas of fragmentation, overlap, or duplication in the 
     structure, organization, and operations of the Department.
       (B) Opportunities for integrating, streamlining, or 
     otherwise enhancing the efficiency of the structure, 
     organization, and operations of the Department.
       (C) Private sector best practices that could be implemented 
     by the Department to improve efficiency and reduce costs 
     within the Department.
       (4) Principles.--Any recommendations developed pursuant to 
     the review under paragraph (1) shall adhere to the principles 
     specified in section 982(c).
       (5) Report.--The entity under paragraph (1) shall submit to 
     the Commission and the congressional defense committees a 
     report on the review under paragraph (1) not later than one 
     year after the date of the enactment of this Act.
       (c) Interim Reports.--The Commission may submit to the 
     President and Congress interim reports containing such 
     findings, conclusions, and recommendations as have been 
     agreed to be a majority of Commission members. Such interim 
     reports may include alternate or dissenting views from 
     Commission members.
       (d) Final Report.--Within one year of the date of the first 
     meeting of the Commission, the Commission shall submit to the 
     President and Congress a final report containing a detailed 
     statement of such findings, conclusions, and recommendations 
     for legislative and administrative actions as have been 
     agreed to by a majority of the Commission members. The final 
     report may include alternate or dissenting views from 
     Commission members.

     SEC. 984. POWERS OF THE COMMISSION AND RELATED ADMINISTRATIVE 
                   MATTERS.

       (a) Powers.--
       (1) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out its duties under this subtitle.
       (2) Information from federal agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out its duties. Upon request of the Chair of the Commission, 
     the head of such department or agency shall furnish such 
     information to the Commission.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (b) Space for Use of Commission.--Not later than 90 days 
     after the date of the enactment of this Act, the 
     Administrator of General Services shall, in consultation with 
     the Secretary of Defense, identify and make available 
     suitable excess space within the Federal space inventory to 
     house the operations of the Commission. If the Administrator 
     is not able to make such suitable excess space available 
     within such 90-day period, the Commission may lease space to 
     the extent the funds are available.
       (c) Contracting Authority.--The Commission may acquire 
     administrative supplies and equipment for Commission use to 
     the extent funds are available.

     SEC. 985. COMMISSION PERSONNEL MATTERS.

       (a) Compensation.--
       (1) In general.--Each member, other than the Chair, of the 
     Commission shall be paid at a rate equal to the daily 
     equivalent of the annual rate of basic pay payable for level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day (including travel time) 
     during which the member is engaged in the actual performance 
     of duties of the Commission. All members of the Commission 
     who are officers or employees of the United States shall 
     serve without compensation in addition to that received for 
     their services as officers or employees of the United States.
       (2) Chair.--The Chair of the Commission shall be paid at a 
     rate equal to the daily equivalent of the annual rate of 
     basic pay payable for Level III of the Executive Schedule 
     under section 5314 of title 5, United States Code, for each 
     day (including travel time) during which the member is 
     engaged in the actual performance of duties of the 
     Commission.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The Chair of the Commission may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and such additional personnel 
     as may be necessary to enable the Commission to perform its 
     duties. The employment of an executive director shall be 
     subject to confirmation by the Commission.
       (2) Compensation.--The Chair of the Commission may fix the 
     compensation of the executive director and other personnel 
     without regard to chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for the executive director and other personnel 
     may not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.
       (d) Detail of Government Employee.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chair of the Commission may procure for the Commission 
     temporary and intermittent services under section 3109(b) of 
     title 5, United States Code, at rates for individuals which 
     do not exceed the daily equivalent of the annual rate of 
     basic pay prescribed for level V of the Executive Schedule 
     under section 5316 of such title.

     SEC. 986. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits its final report under section 
     983(d).

     SEC. 987. FUNDING.

       Amounts for the activities of the Commission under this 
     subtitle shall be derived from amounts authorized to be 
     appropriated for fiscal year 2017 for the Department of 
     Defense by section 301 and available for operation and 
     maintenance, Defense-wide, as specified in the funding table 
     in section 4301.
                                 ______
                                 
  SA 4415. Mr. KAINE submitted an amendment intended to be proposed by

[[Page S3452]]

him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1114. AUTHORITY FOR NONCOMPETITIVE HIRING FOR CAREER OR 
                   TERM POSITIONS IN THE DEPARTMENT OF DEFENSE OF 
                   SPOUSES OF MEMBERS OF THE ARMED FORCES 
                   RELOCATING DUE TO A PERMANENT OR TEMPORARY 
                   CHANGE OF DUTY STATION.

       (a) In General.--The Secretary of Defense or the head of 
     any other department, agency, or element of the Department of 
     Defense may appoint on a noncompetitive basis to a career or 
     term position in the Department of Defense or such 
     department, agency, or element, as applicable, any current 
     spouse of a member of the Armed Forces who is relocating with 
     the member in connection with the member's permanent or 
     temporary change of duty station and is appropriately 
     qualified for such position.
       (b) Waiver of Applicable Law.--In making an appointment 
     pursuant to subsection (a), the official making such 
     appointment may waive any provision of chapter 33 of title 5, 
     United States Code, otherwise applicable to such appointment 
     in order to make such appointment on a noncompetitive basis.
       (c) Acquisition of Competitive Status.--A person appointed 
     pursuant to subsection (a) acquires competitive status 
     automatically upon completion of probation.
                                 ______
                                 
  SA 4416. Mr. KAINE (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 899C. COMPTROLLER GENERAL REPORT ON USE OF SOLE SOURCE 
                   CONTRACTS.

       (a) In General.--Not later than September 30, 2017, the 
     Comptroller General of the United States shall conduct a 
     review and submit to the congressional defense committees a 
     report on the use by the Department of Defense of sole source 
     contracts.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An assessment of the extent to which the Department of 
     Defense used the various source selection approaches in 
     fiscal year 2015 in comparison to what the Government 
     Accountability Office found in its 2014 report.
       (2) A description of the factors considered by Department 
     of Defense personnel when determining which source selection 
     approach to use.
       (3) An assessment of the extent to which these approaches 
     resulted in effective competition.
       (4) A description of whether the resulting contract awards 
     were protested and the results of those protests.
       (5) An analysis of whether the use of a particular source 
     selection approach contributed to successful acquisition 
     outcomes, such as the delivery of timely, high quality, and 
     cost-effective goods and services that met the warfighter's 
     needs or contributed to cost overruns, schedule delays, 
     performance shortfalls, or the need to award follow-on 
     contracts to address these shortfalls.
       (6) Any recommendations to improve the Department's source 
     selection procedures.
                                 ______
                                 
  SA 4417. Mr. KAINE 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. PILOT PROGRAM ON DEPARTMENT OF DEFENSE AND UNITED 
                   STATES AGENCY FOR INTERNATIONAL DEVELOPMENT 
                   COOPERATION TO COUNTER VIOLENT EXTREMISM.

       (a) Pilot Program.--The Secretary of Defense and the 
     Administrator of the United States Agency for International 
     Development may jointly carry out in accordance with this 
     section a pilot program to assess the feasibility and 
     advisability of cooperation between the Department of Defense 
     and the United States Agency for International Development in 
     projects to prevent support for violent extremism.
       (b) Cooperation Through Support of Projects.--In carrying 
     out the pilot program, the Secretary is authorized to provide 
     support for projects of the United States Agency for 
     International Development to prevent support for violent 
     extremism.
       (c) Funds.--Any support under the pilot program in a fiscal 
     year shall be provided using amounts available for such 
     fiscal year for the Department of Defense for security 
     cooperation programs and activities of the Department of 
     Defense, and shall be subject to the authorities and 
     limitations governing the activities of the Administrator of 
     the United States Agency for International Development.
       (d) Request and Concurrence Required.--Any support under 
     the pilot program may be provided only at the request of the 
     commander of a combatant command and with the concurrence of 
     the Chairman of the Joint Chiefs of Staff.
       (e) Joint Determination Required.--Support may be provided 
     under the pilot program for a project of the United States 
     Agency for International Development only if the Secretary 
     and the Administrator jointly determine that the project--
       (1) is in support of, or necessary to the effectiveness of, 
     one or more programs conducted by the Department of Defense; 
     and
       (2) cannot be carried out by the Department.
       (f) Limitation.--The amount of support provided by the 
     Secretary under the pilot program in any fiscal year may not 
     exceed $10,000,000.
       (g) Notice to Congress.--Not later than 15 days before 
     providing support for a project under the pilot program, the 
     Secretary shall submit to the congressional defense 
     committees a notice detailing the project to be supported.
       (h) Sunset.--The authority to provide support under the 
     pilot program shall expire on September 30, 2018. The 
     expiration of the authority on that date shall not affect the 
     availability of funds made available to the Administrator of 
     the United States Agency for International Development under 
     the authority before that date.
                                 ______
                                 
  SA 4418. 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 D of title I, add the following:

     SEC. 147. SUPPORT FOR E-8C JSTARS FLEET.

       The Secretary of Defense shall continue to fully fund all 
     necessary aircraft repairs and modifications and to maintain 
     the existing E-8C JSTARS fleet in a common mission equipment 
     configuration and deployable state, including with respect to 
     supply parts, operational aircrew, maintenance, and combat 
     training instructors to ensure that the fleet can continue 
     worldwide operational missions, avoid degradation of mission 
     performance, and meet combatant commander requirements for 
     operations until the Joint Surveillance Target Attack Radar 
     System (JSTARS) Recapitalization Program achieves Full 
     Operational Capability (FOC).
                                 ______
                                 
  SA 4419. 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 a report on an 
     acquisition strategy for replacement of the Air Force UH-1N 
     helicopter program.
       (b) Elements.--The report required under subsection (a) 
     shall include--
       (1) a description of the Air Force rotorcraft requirements, 
     and the extent to which program requirements differ among Air 
     Force Global Strike Command, Air Force District of 
     Washington, and other Major Command airlift missions;
       (2) a life-cycle cost analysis of alternatives, including 
     mixed-fleet versus single-fleet acquisition program solutions 
     to meet all Air Force requirements; and
       (3) consideration of the trade-offs between the capability 
     and affordability of commercial derivative aircraft versus 
     military purpose designed aircraft.
                                 ______
                                 
  SA 4420. Mr. CORKER (for himself and Mr. Cardin) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:


[[Page S3453]]


  

       On page 587, line 21, insert before the period the 
     following: ``, and shall provide copies of such report to the 
     Committee on Foreign Relations of the Senate and the 
     Committee of Foreign Affairs of the House of 
     Representatives''.
       On page 1009, between lines 12 and 13, insert the 
     following:
       (c) Submittal of Reports.--Section 1201(b)(1) of the 
     National Defense Authorization Act for Fiscal Year 2012, as 
     so amended, is further amended by inserting ``and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of 
     Representatives'' after ``congressional defense committees''.
       On page 1011, line 11, strike ``relevant Chief of Mission'' 
     and insert ``Secretary of State''.
       On page 1011, beginning on line 13, strike ``, irregular 
     forces, groups, or individuals''.
       On page 1012, beginning on line 2, insert after 
     ``congressional defense committees'' the following: ``and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of 
     Representatives''.
       On page 1012, line 16, insert after ``congressional defense 
     committees'' the following: ``and the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives''.
       On page 1013, line 12, insert after ``congressional defense 
     committees'' the following: ``and the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives''.
       On page 1015, strike lines 5 through 7.
       On page 1015, line 8, strike ``(2)'' and insert ``(1)''.
       On page 1015, strike lines 12 through 19.
       On page 1015, line 20, strike ``(5)'' and insert ``(2)''.
       On page 1024, beginning on line 13, insert after 
     ``congressional defense committees'' the following: ``and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of 
     Representatives''.
       On page 1025, line 6, insert after ``congressional defense 
     committees'' the following: ``and the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives''.
       On page 1026, beginning on line 2, insert after 
     ``congressional defense committees'' the following: ``and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of 
     Representatives''.
       On page 1026, line 19, insert after ``congressional defense 
     committees'' the following: ``and the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives''.
       On page 1027, beginning on line 12, insert after 
     ``congressional defense committees'' the following: ``and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of 
     Representatives''.
       On page 1032, between lines 5 and 6, insert the following:
       (c) Secretary of State Concurrence.--Subsection (a) of such 
     section is further amended by striking ``in coordination with 
     the Secretary of State'' and inserting ``with the concurrence 
     of the Secretary of State''.
       On page 1032, strike lines 9 through 13 and insert the 
     following:
       (a) In General.--Section 1236(a) of the Carl Levin and 
     Howard P. ``Buck'' McKeon National Defense Authorization Act 
     for Fiscal Year 2015 (Public Law 113-12 291; 128 Stat. 3559) 
     is amended--
       (1) by striking ``in coordination with the Secretary of 
     State'' and inserting ``with the concurrence of the Secretary 
     of State''; and
       (2) by striking ``December 31, 2016'' and inserting 
     ``December 31, 2019''.
       On page 1034, strike lines 19 through 23 and insert the 
     following:
       (1) in subsection (a), by striking ``Of the amounts'' and 
     all that follows through ``in coordination with the Secretary 
     of State'' and inserting ``Amounts available for a fiscal 
     year under subsection (f) shall be available to the Secretary 
     of Defense, with the concurrence of the Secretary of State''.
       On page 1040, between lines 16 and 17, insert the 
     following:
       (g) Submittal of Reports on Military Assistance to 
     Ukraine.--Section 1275(b) of the Carl Levin and Howard P. 
     ``Buck'' McKeon National Defense Authorization Act for Fiscal 
     Year 2015 is amended by inserting after ``congressional 
     defense committees'' the following: ``and the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives''.
       On page 1041, between lines 12 and 13, insert the 
     following:
       (c) Secretary of State Concurrence.--Subsection (a) of such 
     section is amended by inserting ``, with the concurrence of 
     the Secretary of State,'' after ``The Secretary of Defense''.
       (d) Submittal of Report.--Subsection (c)(2) of such section 
     is inserting after ``congressional defense committees'' the 
     following: ``and the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives''.
       (e) Briefing to Congress.--Subsection (e) of such section 
     is amended by inserting after ``congressional defense 
     committees'' the following: ``and the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives''.

       On page 1045, beginning on line 8, strike ``shall present 
     to the congressional defense committees'' and insert ``shall, 
     in coordination with the Secretary of State, present 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''.
       Strike section 1235.
       On page 1048, beginning on line 16, strike ``the Committees 
     on Armed Services of the Senate and the House of 
     Representatives'' and insert ``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''.
       On page 1051, strike lines 6 through 10.
       On page 1051, line 11, strike ``(5)'' and insert ``(4)''.
       On page 1051, line 15, strike ``(6)'' and insert ``(5)''.
       Strike section 1244.
       Strike section 1245.
       On page 1055, after line 25, add the following:
       (1) United States security sector assistance is a tool to 
     facilitate the achievement of United States foreign policy 
     objectives;
       On page 1056, line 1, strike ``(1)'' and insert ``(2)''.
       On page 1056, line 6, strike ``(2)'' and insert ``(3)''.
       On page 1056, line 12, strike ``(3)'' and insert ``(4)''.
       On page 1057, line 4, strike ``(4)'' and insert ``(5)''.
       On page 1057, line 8, strike ``(5)'' and insert ``(6)''.
       On page 1057, beginning on line 10, strike ``, and conducts 
     critical security cooperation programs of its own''.
       On page 1057, line 12, strike ``(6)'' and insert ``(7)''.
       On page 1057, line 19, strike ``(7)'' and insert ``(8)''.
       On page 1058, line 1, strike ``(8)'' and insert ``(9)''.
       On page 1060, strike lines 1 through 13 and insert the 
     following:
       ``(2) The term ``defense article'' has the meaning given 
     that term in section 47(3) of the Arms Export Control Act (22 
     U.S.C. 2794(3)).
       ``(3) The term ``defense service'' has the meaning given 
     that term 47(4) of the Arms Export Control Act (22 U.S.C. 
     2794(4)).
       On page 1061, line 5, insert after ``any'' the following: 
     ``security sector assistance''.
       On page 1061, between lines 8 and 9, insert the following:
       ``(A) To complement the strategic long-term security 
     assistance and cooperation programs of the Department of 
     State.
       On page 1061, line 9, strike ``(A)'' and insert ``(B)''.
       On page 1061, line 11, strike ``(B)'' and insert ``(C)''.
       On page 1061, line 14, strike ``(C)'' and insert ``(D)''.
       On page 1061, strike line 20 and all that follows through 
     page 1062, line 2, and insert the following:
       ``(7) The term ``training'' has the meaning given that term 
     in section 47(5) of the Arms Export Control Act (22 U.S.C. 
     2974(5)).
       On page 1062, between lines 2 and 3, insert the following:
       ``(8) The term ``friendly foreign country'' means any 
     country identified annually by the President, by not later 
     than October 1 of a fiscal year, in a submission to the 
     appropriate committees of Congress, as a friendly foreign 
     country that is eligible to receive United States security 
     assistance under this chapter in that fiscal year.
       On page 1064, beginning on line 11, strike ``(d) 
     Superseding Authority To Train and Equip Foreign Security 
     Forces.--'' and all that follows through ``Authority.--'' on 
     line 19. [don't understand the purposes of this amendment. 
     the amendatory instruction sought to be stricken is necessary 
     to insert the material that begins on page 1064, line 17, 
     into new chapter 16]
       On page 1065, line 20, insert before the period the 
     following: ``, including with regard to identification of the 
     particular recipient country, recipient organization, and 
     content of the assistance provided''.
       On page 1065, after line 25, add the following:
       ``(3) Joint formulation.--The Secretary of Defense and the 
     Secretary of State shall jointly formulate any program 
     authorized by subsection (a).
       On page 1070, between lines 13 and 24, insert the 
     following:
       ``(h) Termination of Authority.--The authority of the 
     Secretary of Defense under subsection (a) terminates at the 
     close of September 30, 2020. Any program conducted or 
     supported under that authority before that date may be 
     completed, but only using funds available for fiscal years 
     2017 through 2020.
       On page 1070, line 14, strike ``(h)'' and insert ``(i)''.
       1072, line 1, strike ``congressional defense committees'' 
     and insert ``appropriate committees of Congress''.
       On page 1072, beginning on line 5, strike ``congressional 
     defense committees'' and insert ``appropriate committees of 
     Congress''.
       On page 1077, line 8, strike ``after consultation with'' 
     and insert ``with the concurrence of''.
       On page 1087, line 9, strike ``congressional defense 
     committees'' and insert ``appropriate committees of 
     Congress''.
       On page 1091, strike line 2 through 17, and insert the 
     following:
       (2) in subsection (b)--
       (A) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (3), and (4), respectively; and

[[Page S3454]]

       (B) by inserting before paragraph (2), as so redesignated, 
     the following new paragraph (1):
       ``(1) An exchange of personnel under an international 
     defense personnel exchange agreement may only be made with 
     the concurrence of the Secretary to State to the extent the 
     exchange is with--
       ``(A) a non-defense security ministry of a foreign 
     government; or
       ``(B) an international or regional security 
     organization.''; and
       (C) in paragraph (3), as so redesignated, by inserting 
     before the period the following: ``, subject to the 
     concurrence of the Secretary of State'';
       (3) in subsection (c)--
       (A) by striking ``Each government shall be required under'' 
     and inserting ``In the case of''; and
       (B) by inserting after ``exchange agreement'' the 
     following: ``that provides for reciprocal exchanges, each 
     government shall be required'';
       (4) in subsection (f), by inserting ``defense or security 
     ministry of that'' after ``military personnel of the''; and
       (5) by adding at the end the following new subsection:
       ``(g) Annual Report.--
       ``(1) In general.--Not later than 90 days after the end of 
     a fiscal year in which the authority in subsection (a) is 
     exercised, the Secretary of Defense shall submit to the 
     appropriate committees of Congress a report on the use of the 
     authority during such fiscal year.
       ``(2) Elements.--The report required under paragraph (1) 
     shall include the number of non-reciprocal international 
     defense personnel exchange agreements, the number of 
     personnel assigned pursuant to such agreements, the 
     Department of Defense component to which the personnel have 
     been assigned, the duty title of each assignment, and the 
     countries with which the agreements have been concluded.''.
       On page 1092, line 15, add at the end the following: ``Such 
     expenses may be paid only with the concurrence of the 
     Secretary of State, other than in the case of payment of 
     expenses of defense personnel of a friendly foreign 
     government, for which such concurrence is not required.''.
       On page 1096, between lines 16 and 17, insert the 
     following:
       ``(3) Secretary of state concurrence for assignment of non-
     defense foreign liaison officers.--In the case of a non-
     defense foreign liaison officer, the authority of the 
     Secretary of Defense under subsection (a) to pay any expenses 
     specified in paragraph (2) or (3) of subsection (b) may be 
     exercised only if the assignment of that liaison officer as a 
     liaison officer with the Department of Defense was accepted 
     by the Secretary of Defense with the concurrence of the 
     Secretary of State.
       On page 1098, beginning on line 1, strike ``or other 
     security forces''.
       On page 1098, line 3, strike the Secretary determines`` and 
     insert ``the Secretary of Defense and the Secretary of State 
     jointly determine''.
       On page 1098, line 4, add at the end the following: ``Any 
     such training with forces of a foreign country may be 
     conducted only with the concurrence of the Secretary of 
     State.''.
       On page 1101, beginning on line 6, strike ``congressional 
     defense committees'' and insert ``appropriate committees of 
     Congress''.
       Strike section 1258.
       On page 1126, beginning on line 13, strike ``congressional 
     defense committees'' and insert ``appropriate committees of 
     Congress''.
       On page 1127, beginning on line 2, strike ``the Secretary 
     of Defense shall submit to the congressional defense 
     committees'' and insert ``the Secretary of Defense shall, in 
     coordination with the Secretary of State, submit to the 
     appropriate committees of Congress''.
       On page 1127, line 3, strike ``congressional defense 
     committees'' and insert ``appropriate committees of 
     Congress''.
       On page 1128, beginning on line 10, strike ``congressional 
     defense committees'' and insert ``appropriate committees of 
     Congress''.
       On page 1134, between lines 4 and 5, insert the following:
       (e) Submittal of Reports.--Such section is further 
     amended--
       (1) by redesignating subsections (e) and (f), as 
     redesignated by subsection (d) of this section, as 
     subsections (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Submittal of Reports.--Each report under this section 
     that is submitted to the congressional defense committees 
     shall also be submitted to the Committee on Foreign Relations 
     of the Senate and the Committee on Foreign Affairs of the 
     House of Representatives.''.
       On page 1134, line 5, strike ``(e)'' and insert ``(f)''.
       On page 1134, line 10, strike ``(f)'' and insert ``(g)''.
       On page 1135, between lines 5 and 6, insert the following:

     SEC. 1261A. CONCURRENCE OF SECRETARY OF STATE IN SECURITY 
                   COOPERATION WITH FOREIGN NON-MILITARY 
                   PERSONNEL.

       Chapter 16 of title 10, United States Code, as added by 
     section 1252(a)(3) of this Act, is amended by inserting after 
     section 384, as added by section 1261 of this Act, the 
     following new section:

     ``Sec. 385. Security cooperation with foreign non-military 
       personnel: concurrence of Secretary of State

       ``Any security cooperation program or activity of the 
     Department of Defense undertaken under this chapter that 
     engages foreign personnel not under the authority of a 
     ministry of defense of a foreign country shall require the 
     concurrence of the Secretary of State.''.
       On page 1142, line 5, add at the end the following: ``Until 
     the joint regulations are so prescribed, no activities shall 
     be undertaken under section 333 of title 10, United States 
     Code, as added by section 1252(d) of this Act.''.
       On page 1144, strike lines 13 through 16.
       On page 1156, beginning on line 6, strike ``the Chairman of 
     the Joint Chiefs of Staff shall submit to the congressional 
     defense committees'' and insert ``the Chairman of the Joint 
     Chiefs of Staff shall, in coordination with the Secretary of 
     State, 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''.
                                 ______
                                 
  SA 4421. Mr. WARNER (for himself, Mr. Carper, Mr. Coons, and Mr. 
Heinrich) submitted an amendment intended to be proposed by him to the 
bill S. 2943, to authorize appropriations for fiscal year 2017 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Statement of Policy.--It shall be the policy of the 
     Department of Defense and the Armed Forces to ensure the 
     readiness of the Armed Forces for their military missions by 
     pursuing energy preparedness, including resilient sources of 
     electric power and the efficient use of electric power.
       (b) Authorities.--In order to achieve the policy set forth 
     in subsection (a), the Secretary of Defense may take the 
     actions as follows:
       (1) Electric power resiliency plans for military 
     installations.--The Secretary may require the service 
     secretaries to establish and maintain electric power 
     resiliency plans that best meet their installations' mission 
     assurance guidelines.
       (2) Resiliency of electric power and cost of backup power 
     as factors in procurement.--The Secretary may authorize the 
     use of resiliency and the cost of backup power as factors in 
     the cost-benefit analysis for procurement of electric power.
                                 ______
                                 
  SA 4422. Mr. BENNET (for himself, Mr. Hatch, Mr. Blumenthal, 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 title X, add the following:

          Subtitle J--Promise for Antibiotics and Therapeutics

     SEC. 1097. SHORT TITLE.

       This subtitle may be cited as the ``Promise for Antibiotics 
     and Therapeutics for Health Act'' or the ``PATH Act''.

     SEC. 1097A. ANTIBACTERIAL RESISTANCE MONITORING.

       Section 319E of the Public Health Service Act (42 U.S.C. 
     247d-5) is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (k) and (l), respectively; and
       (2) by inserting after subsection (e), the following:
       ``(f) Monitoring at Federal Health Care Facilities.--The 
     Secretary shall encourage reporting on aggregate 
     antibacterial drug use and bacterial resistance to 
     antibacterial drugs and the implementation of antibiotic 
     stewardship programs by health care facilities of the 
     Department of Defense, the Department of Veterans Affairs, 
     and the Indian Health Service and shall provide technical 
     assistance to the Secretary of Defense and the Secretary of 
     Veterans Affairs, as appropriate and upon request.
       ``(g) Report on Antibacterial Resistance in Humans and Use 
     of Antibacterial Drugs.--Not later than 1 year after the date 
     of enactment of this subsection, and annually thereafter, the 
     Secretary shall prepare and make publically available data 
     and information concerning--
       ``(1) aggregate national and regional trends of bacterial 
     resistance in humans to antibacterial drugs, including those 
     approved under section 506(g) of the Federal Food, Drug, and 
     Cosmetic Act;
       ``(2) antibacterial stewardship, which may include 
     summaries of State efforts to address bacterial resistance in 
     humans to antibacterial drugs and antibacterial stewardship; 
     and

[[Page S3455]]

       ``(3) coordination between the Director of the Centers for 
     Disease Control and Prevention and the Commissioner of Food 
     and Drugs with respect to the monitoring of--
       ``(A) any applicable resistance under paragraph (1); and
       ``(B) drugs approved under section 506(g) of the Federal 
     Food, Drug, and Cosmetic Act.
       ``(h) Information Related to Antibiotic Stewardship 
     Programs.--The Secretary shall, as appropriate, disseminate 
     guidance, educational materials, or other appropriate 
     materials related to the development and implementation of 
     evidence-based antibiotic stewardship programs or practices 
     at health care facilities, such as nursing homes and other 
     long-term care facilities, ambulatory surgical centers, 
     dialysis centers, and community and rural hospitals.
       ``(i) Supporting State-based Activities to Combat 
     Antibacterial Resistance.--The Secretary shall continue to 
     work with State and local public health departments on 
     statewide or regional programs related to antibacterial 
     resistance. Such efforts may include activities to related 
     to--
       ``(1) identifying patterns of bacterial resistance in 
     humans to antibacterial drugs;
       ``(2) preventing the spread of bacterial infections that 
     are resistant to antibacterial drugs; and
       ``(3) promoting antibiotic stewardship.
       ``(j) Antibacterial Resistance and Stewardship 
     Activities.--
       ``(1) In general.--For the purposes of supporting 
     stewardship activities, examining changes in bacterial 
     resistance, and evaluating the effectiveness of section 
     506(g) of the Federal Food, Drug, and Cosmetic Act, the 
     Secretary shall--
       ``(A) provide a mechanism for facilities to report data 
     related to their antimicrobial stewardship activities 
     (including analyzing the outcomes of such activities); and
       ``(B) evaluate--
       ``(i) antimicrobial resistance data using a standardized 
     approach; and
       ``(ii) trends in the utilization of drugs approved under 
     such section 506(g) with respect to patient populations.
       ``(2) Use of systems.--The Secretary shall use available 
     systems, including the National Healthcare Safety Network or 
     other systems identified by the Secretary, to fulfill the 
     requirements or conduct activities under this section.
       ``(3) Availability of data.--The Secretary shall make the 
     data collected pursuant to this subsection public. Nothing in 
     this subsection shall be construed as authorizing the 
     Secretary to disclose any information that is a trade secret 
     or confidential information subject to section 552(b)(4) of 
     title 5, United States Code, or section 1905 of title 18, 
     United States Code.''.

     SEC. 1097B. LIMITED POPULATION PATHWAY FOR ANTIBACTERIAL 
                   DRUGS.

       Section 506 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 356) is amended--
       (1) by transferring subsection (e) so that it appears 
     before subsection (f); and
       (2) by adding at the end the following:
       ``(g) Limited Population Pathway for Antibacterial Drugs.--
       ``(1) In general.--The Secretary may approve an 
     antibacterial drug, alone or in combination with one or more 
     other drugs, as a limited population drug pursuant to this 
     subsection only if--
       ``(A) the drug is intended to treat a serious or life-
     threatening infection in a limited population of patients 
     with unmet needs;
       ``(B) the standards for approval under section 505(c) and 
     (d), or the standards for licensure under section 351 of the 
     Public Health Service Act, as applicable, are met; and
       ``(C) the Secretary receives a written request from the 
     sponsor to approve the drug as a limited population drug 
     pursuant to this subsection.
       ``(2) Benefit-risk consideration.--The Secretary's 
     determination of safety and effectiveness of a limited 
     population antibacterial drug shall reflect the benefit-risk 
     profile of the drug in the intended limited population, 
     taking into account the severity, rarity, or prevalence of 
     the infection the drug is intended to treat and the 
     availability or lack of alternative treatment in such limited 
     population. Such drug may be approved under this subsection 
     notwithstanding a lack of evidence to fully establish a 
     favorable benefit-risk profile in a population that is 
     broader than the intended limited population.
       ``(3) Additional requirements.--A drug approved under this 
     subsection shall be subject to the requirements of this 
     paragraph, in addition to any other applicable requirements 
     of this Act:
       ``(A) Labeling.--To indicate that the safety and 
     effectiveness of a drug approved under this subsection has 
     been demonstrated only with respect to a limited population--
       ``(i) all labeling and advertising of an antibacterial drug 
     approved under this subsection shall contain the statement 
     `Limited Population' in a prominent manner and adjacent to, 
     and not more prominent than--

       ``(I) the proprietary name of such drug, if any; or
       ``(II) if there is no proprietary name, the established 
     name of the drug, if any, as defined in section 503(e)(3), or 
     for drugs which are biological products, the proper name, as 
     defined by regulation; and

       ``(ii) the prescribing information for such antibacterial 
     drug required by section 201.57 of title 21, Code of Federal 
     Regulations (or any successor regulation) shall also include 
     the following statement: `This drug is indicated for use in a 
     limited and specific population of patients.'.
       ``(B) Promotional material.--The sponsor of an 
     antibacterial drug subject to this subsection shall submit to 
     the Secretary copies of all promotional materials related to 
     such drug at least 30 calendar days prior to dissemination of 
     the materials.
       ``(4) Other programs.--A sponsor of a drug that seeks 
     approval of a drug under this subsection for antibacterial 
     drugs may also seek designation or approval, as applicable, 
     of such drug under other applicable sections or subsections 
     of this Act of the Public Health Service Act.
       ``(5) Guidance.--Not later than 18 months after the date of 
     enactment of the Promise for Antibiotics and Therapeutics for 
     Health Act, the Secretary shall issue draft guidance 
     describing criteria, processes, and other general 
     considerations for demonstrating the safety and effectiveness 
     of limited population antibacterial drugs. The Secretary 
     shall publish final guidance within 18 months of the close of 
     the public comment period on such draft guidance. The 
     Secretary may approve antibacterial drugs under this 
     subsection prior to issuing guidance under this paragraph.
       ``(6) Advice.--The Secretary shall provide prompt advice to 
     the sponsor of a drug for which the sponsor seeks approval 
     under this subsection for antibacterial drugs to enable the 
     sponsor to plan a development program to obtain the necessary 
     data for approval of such drug under this subsection for 
     antibacterial drugs and to conduct any additional studies 
     that would be required to gain approval of such drug for use 
     in a broader population.
       ``(7) Termination of limitations.--If, after approval of a 
     drug under this subsection, the Secretary approves a broader 
     indication for such drug for which the sponsor applies under 
     section 505(b) or section 351(a) of the Public Health Service 
     Act, the Secretary may remove any postmarketing conditions, 
     including requirements with respect to labeling and review of 
     promotional materials under paragraph (3), applicable to the 
     approval of the drug under this subsection.
       ``(8) Rules of construction.--Nothing in this subsection 
     shall be construed to alter the authority of the Secretary to 
     approve drugs pursuant to this Act and section 351 of the 
     Public Health Service Act, including the standards of 
     evidence, and applicable conditions, for approval under such 
     Acts, the standards of approval of a drug under this Act or 
     the Public Health Service Act, or to alter the authority of 
     the Secretary to monitor drugs pursuant to this Act or the 
     Public Health Service Act.
       ``(9) Reporting and accountability.--
       ``(A) Biannual reporting.--The Secretary shall report to 
     Congress not less often than once every 2 years on the number 
     of requests for approval, and the number of approvals, of an 
     antibacterial drug under this subsection.
       ``(B) Gao report.--Not later than December 2021, the 
     Comptroller General of the United States shall report on the 
     coordination of activities required under section 319E of the 
     Public Health Service Act, a review of such activities, and 
     the extent to which the use of the pathway established under 
     this subsection has streamlined premarket approval for 
     antibacterial drugs for limited populations, if such pathway 
     has functioned as intended, if such pathway has helped 
     provide for safe and effective treatment for patients, if 
     such premarket approval would be appropriate for other 
     categories of drugs, and if the authorities under this 
     subsection have affected antibiotic resistance.''.

     SEC. 1097C. PRESCRIBING AUTHORITY.

       Nothing in this subtitle, or an amendment made by this 
     subtitle, shall be construed to restrict the prescribing of 
     antibacterial drugs or other products, including drugs 
     approved under section 506(g) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 356(g)), by health care 
     professionals, or to limit the practice of health care.
                                 ______
                                 
  SA 4423. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 526. PLAN TO MEET DEMAND FOR CYBERSPACE CAREER FIELDS IN 
                   THE RESERVE COMPONENTS 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 Congress a report setting forth a plan for meeting 
     the increased demand for cyberspace career fields in the 
     reserve components of the Armed Forces.
       (b) Elements.--The plan shall take into account the 
     following:
       (1) The availability of qualified local workforces.
       (2) Potential best practices of private sector companies 
     involved in cyberspace and of educational institutions with 
     established cyberspace-related academic programs.
       (3) The potential for Total Force Integration throughout 
     the defense cyber community.

[[Page S3456]]

       (4) Recruitment strategies to attract individuals with 
     critical cyber training and skills to join the reserve 
     components.
       (c) Metrics.--The plan shall include appropriate metrics 
     for use in the evaluation of the implementation of the plan.
                                 ______
                                 
  SA 4424. 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 H of title VIII, add the following:

     SEC. 899C. MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL 
                   TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS 
                   TO SUPPORT DEPARTMENT OF DEFENSE MISSIONS.

       (a) In General.--The Secretary of Defense shall establish 
     one or more multi-institution task order contracts, 
     consortia, cooperative agreements, or other arrangements to 
     facilitate expedited access to university technical expertise 
     in support of Department of Defense missions in the areas 
     specified in subsection (e). The Secretary may use this 
     arrangement to fund technical analyses and other engineering 
     support as required to address acquisition and operational 
     challenges, including support for classified programs and 
     activities. The Secretary shall ensure that work under task 
     orders awarded through the arrangement is performed primarily 
     by the designated university performer.
       (b) Limitation.--The arrangement established under 
     subsection (a) may not be used to fund research programs that 
     can be executed through other Department of Defense basic 
     research activities.
       (c) Coordination With Other Department of Defense 
     Activities.--The arrangement shall be made in coordination 
     with other Department of Defense activities, including 
     federally funded research and development centers (FFRDCs), 
     university affiliated research centers (UARCs), and Defense 
     laboratories and test centers, for purposes of providing 
     technical expertise and reducing costs and duplicative 
     efforts.
       (d) Policies and Procedures.--The Secretary shall establish 
     and implement policies and procedures to govern--
       (1) selection of participants in the arrangement;
       (2) the awarding of task orders under the arrangement;
       (3) maximum award size for tasks under the arrangement;
       (4) the appropriate use of competitive awards and sole 
     source awards under the arrangement; and
       (5) technical areas under the arrangement.
       (e) Mission Areas.--The Secretary may establish the 
     arrangement in any of the following technical areas:
       (1) Cybersecurity.
       (2) Air and ground vehicles.
       (3) Shipbuilding.
       (4) Explosives detection.
       (5) Modeling and simulation.
       (6) Undersea warfare.
       (7) Trusted microelectronics.
       (8) Unmanned systems.
       (9) Directed energy.
       (10) Energy, power, and propulsion.
       (11) Advanced materials.
       (12) Other areas as designated by the Secretary.
                                 ______
                                 
  SA 4425. 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:

     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.
                                 ______
                                 
  SA 4426. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 544. SUSPENSION OF ADMINISTRATIVE SEPARATION OF MEMBERS 
                   OF THE ARMED FORCES WITH MEDICAL CONDITIONS 
                   ARISING FROM SEXUAL TRAUMA INCURRED DURING 
                   SERVICE IN THE ARMED FORCES.

       (a) Policy on Suspension Required.--The Secretary of 
     Defense shall issue a policy under which the Secretaries of 
     the military departments may--
       (1) suspend the proposed involuntary separation from the 
     Armed Forces of any member of the Armed Forces described in 
     subsection (b); and
       (2) provide for appropriate medical evaluation of such 
     member for purposes of determining the eligibility of such 
     member for retirement or separation for physical disability 
     under chapter 61 of title 10, United States Code.
       (b) Covered Members.--A member of the Armed Forces 
     described in this subsection is a member who is diagnosed by 
     a health care professional specified in the policy under 
     subsection (a) as having a medical condition related to 
     sexual assault or sexual harassment incurred by the member 
     during service in the Armed Forces.
       (c) Report to Congress.--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 setting 
     forth the policy to be issued pursuant to subsection (a).
       (d) Effective Date.--The policy issued pursuant to 
     subsection (a) shall take effect on the date of the submittal 
     of the policy to Congress under subsection (c), and shall 
     apply to members of the Armed Forces described in subsection 
     (b) who are proposed to be involuntarily separated from the 
     Armed Forces on or after that date.
                                 ______
                                 
  SA 4427. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 554. REPORT ON IMPLEMENTATION OF REFORM OF ARTICLE 32 OF 
                   THE UNIFORM CODE OF MILITARY JUSTICE.

       Not later than 120 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 setting forth a description and 
     assessment by the Secretary of the implementation of the 
     reform of section 832 of title 10, United States Code 
     (article 32 of the Uniform Code of Military Justice), made by 
     section 1702 of the National Defense Authorization Act for 
     Fiscal Year 2014 (Public Law 113-66; 127 Stat. 954).
                                 ______
                                 
  SA 4428. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1266. ENHANCEMENT OF EFFORTS FOR THE RECRUITMENT AND 
                   ADVANCEMENT OF WOMEN IN THE SECURITY SECTOR AS 
                   PART OF DEFENSE INSTITUTION BUILDING PROGRAMS 
                   AND ACTIVITIES OF THE DEPARTMENT OF DEFENSE.

       In carrying out programs and activities for defense 
     institution building of foreign countries under the security 
     cooperation programs and activities of the Department of 
     Defense, the Secretary of Defense shall, in coordination with 
     the Secretary of State, include policies to strengthen and 
     facilitate, to the extent practicable, the efforts of 
     countries participating in such defense institution building 
     programs and activities to recruit, retain, professionalize, 
     and advance women in their security sectors.

[[Page S3457]]

  

                                 ______
                                 
  SA 4429. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1097. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO 
                   DENY THE SALE, DELIVERY, OR TRANSFER OF A 
                   FIREARM OR THE ISSUANCE OF A FIREARMS OR 
                   EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS 
                   TERRORISTS.

       (a) Standard for Exercising Attorney General Discretion 
     Regarding Transferring Firearms or Issuing Firearms Permits 
     to Dangerous Terrorists.--Chapter 44 of title 18, United 
     States Code, is amended--
       (1) by inserting after section 922 the following:

     ``Sec. 922A. Attorney General's discretion to deny transfer 
       of a firearm

       ``The Attorney General may deny the transfer of a firearm 
     under section 922(t)(1)(B)(ii) of this title if the Attorney 
     General--
       ``(1) determines that the transferee is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism; and
       ``(2) has a reasonable belief that the prospective 
     transferee may use a firearm in connection with terrorism.

     ``Sec. 922B. Attorney General's discretion regarding 
       applicants for firearm permits which would qualify for the 
       exemption provided under section 922(t)(3)

       ``The Attorney General may determine that--
       ``(1) an applicant for a firearm permit which would qualify 
     for an exemption under section 922(t)(3) is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism; and
       ``(2) the Attorney General has a reasonable belief that the 
     applicant may use a firearm in connection with terrorism.'';
       (2) in section 921(a), by adding at the end the following:
       ``(36) The term `terrorism' includes international 
     terrorism and domestic terrorism, as defined in section 2331 
     of this title.
       ``(37) The term `material support or resources' has the 
     meaning given the term in section 2339A of this title.
       ``(38) The term `responsible person' means an individual 
     who has the power, directly or indirectly, to direct or cause 
     the direction of the management and policies of the applicant 
     or licensee pertaining to firearms.''; and
       (3) in the table of sections, by inserting after the item 
     relating to section 922 the following:

``922A. Attorney General's discretion to deny transfer of a firearm.

``922B. Attorney General's discretion regarding applicants for firearm 
              permits which would qualify for the exemption provided 
              under section 922(t)(3).''.

       (b) Effect of Attorney General Discretionary Denial Through 
     the National Instant Criminal Background Check System (NICS) 
     on Firearms Permits.--Section 922(t) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1)(B)(ii), by inserting ``or State law, 
     or that the Attorney General has determined to deny the 
     transfer of a firearm pursuant to section 922A of this 
     title'' before the semicolon;
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``, or if the Attorney General has not 
     determined to deny the transfer of a firearm pursuant to 
     section 922A of this title'' after ``or State law'';
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in clause (i)--

       (I) in subclause (I), by striking ``and'' at the end; and
       (II) by adding at the end the following:

       ``(III) was issued after a check of the system established 
     pursuant to paragraph (1);'';
       (ii) in clause (ii), by inserting ``and'' after the 
     semicolon; and
       (iii) by adding at the end the following:
       ``(iii) the State issuing the permit agrees to deny the 
     permit application if such other person is the subject of a 
     determination by the Attorney General pursuant to section 
     922B of this title;'';
       (4) in paragraph (4), by inserting ``, or if the Attorney 
     General has not determined to deny the transfer of a firearm 
     pursuant to section 922A of this title'' after ``or State 
     law''; and
       (5) in paragraph (5), by inserting ``, or if the Attorney 
     General has determined to deny the transfer of a firearm 
     pursuant to section 922A of this title'' after ``or State 
     law''.
       (c) Unlawful Sale or Disposition of Firearm Based Upon 
     Attorney General Discretionary Denial.--Section 922(d) of 
     title 18, United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(10) has been the subject of a determination by the 
     Attorney General under section 922A, 922B, 923(d)(3), or 
     923(e) of this title.''.
       (d) Attorney General Discretionary Denial as Prohibitor.--
     Section 922(g) of title 18, United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) who has received actual notice of the Attorney 
     General's determination made under section 922A, 922B, 
     923(d)(3) or 923(e) of this title,''.
       (e) Attorney General Discretionary Denial of Federal 
     Firearms Licenses.--Section 923(d) of title 18, United States 
     Code, is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``Any'' and inserting ``Except as provided 
     in paragraph (3), any''; and
       (2) by adding at the end the following:
       ``(3) The Attorney General may deny a license application 
     if the Attorney General determines that the applicant 
     (including any responsible person) is known (or appropriately 
     suspected) to be or have been engaged in conduct 
     constituting, in preparation for, in aid of, or related to 
     terrorism, or providing material support or resources for 
     terrorism, and the Attorney General has a reasonable belief 
     that the applicant may use a firearm in connection with 
     terrorism.''.
       (f) Discretionary Revocation of Federal Firearms 
     Licenses.--Section 923(e) of title 18, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(e)'';
       (2) by striking ``revoke any license'' and inserting the 
     following: ``revoke--
       ``(A) any license'';
       (3) by striking ``. The Attorney General may, after notice 
     and opportunity for hearing, revoke the license'' and 
     inserting the following: ``;
       ``(B) the license''; and
       (4) by striking ``. The Secretary's action'' and inserting 
     the following: ``; or
       ``(C) any license issued under this section if the Attorney 
     General determines that the holder of such license (including 
     any responsible person) is known (or appropriately suspected) 
     to be or have been engaged in conduct constituting, in 
     preparation for, in aid of, or related to terrorism or 
     providing material support or resources for terrorism, and 
     the Attorney General has a reasonable belief that the 
     applicant may use a firearm in connection with terrorism.
       ``(2) The Attorney General's action''.
       (g) Attorney General's Ability To Withhold Information in 
     Firearms License Denial and Revocation Suit.--
       (1) In general.--Section 923(f)(1) of title 18, United 
     States Code, is amended by inserting after the first sentence 
     the following: ``However, if the denial or revocation is 
     pursuant to subsection (d)(3) or (e)(1)(C), any information 
     upon which the Attorney General relied for this determination 
     may be withheld from the petitioner, if the Attorney General 
     determines that disclosure of the information would likely 
     compromise national security.''.
       (2) Summaries.--Section 923(f)(3) of title 18, United 
     States Code, is amended by inserting after the third sentence 
     the following: ``With respect to any information withheld 
     from the aggrieved party under paragraph (1), the United 
     States may submit, and the court may rely upon, summaries or 
     redacted versions of documents containing information the 
     disclosure of which the Attorney General has determined would 
     likely compromise national security.''.
       (h) Attorney General's Ability To Withhold Information in 
     Relief From Disabilities Lawsuits.--Section 925(c) of title 
     18, United States Code, is amended by inserting after the 
     third sentence the following: ``If the person is subject to a 
     disability under section 922(g)(10) of this title, any 
     information which the Attorney General relied on for this 
     determination may be withheld from the applicant if the 
     Attorney General determines that disclosure of the 
     information would likely compromise national security. In 
     responding to the petition, the United States may submit, and 
     the court may rely upon, summaries or redacted versions of 
     documents containing information the disclosure of which the 
     Attorney General has determined would likely compromise 
     national security.''.
       (i) Penalties.--Section 924(k) of title 18, United States 
     Code, is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) constitutes an act of terrorism, or providing 
     material support or resources for terrorism,''.
       (j) Remedy for Erroneous Denial of Firearm or Firearm 
     Permit Exemption.--
       (1) In general.--Section 925A of title 18, United States 
     Code, is amended--
       (A) in the section heading, by striking ``Remedy for 
     erroneous denial of firearm'' and inserting ``Remedies'';
       (B) by striking ``Any person denied a firearm pursuant to 
     subsection (s) or (t) of section 922'' and inserting the 
     following:
       ``(a) Except as provided in subsection (b), any person 
     denied a firearm pursuant to subsection (t) of section 922 or 
     a firearm permit

[[Page S3458]]

     pursuant to a determination made under section 922B''; and
       (C) by adding at the end the following:
       ``(b) In any case in which the Attorney General has denied 
     the transfer of a firearm to a prospective transferee 
     pursuant to section 922A of this title or has made a 
     determination regarding a firearm permit applicant pursuant 
     to section 922B of this title, an action challenging the 
     determination may be brought against the United States. The 
     petition shall be filed not later than 60 days after the 
     petitioner has received actual notice of the Attorney 
     General's determination under section 922A or 922B of this 
     title. The court shall sustain the Attorney General's 
     determination upon a showing by the United States by a 
     preponderance of evidence that the Attorney General's 
     determination satisfied the requirements of section 922A or 
     922B, as the case may be. To make this showing, the United 
     States may submit, and the court may rely upon, summaries or 
     redacted versions of documents containing information the 
     disclosure of which the Attorney General has determined would 
     likely compromise national security. Upon request of the 
     petitioner or the court's own motion, the court may review 
     the full, undisclosed documents ex parte and in camera. The 
     court shall determine whether the summaries or redacted 
     versions, as the case may be, are fair and accurate 
     representations of the underlying documents. The court shall 
     not consider the full, undisclosed documents in deciding 
     whether the Attorney General's determination satisfies the 
     requirements of section 922A or 922B.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 44 of title 18, United States Code, is 
     amended by striking the item relating to section 925A and 
     inserting the following:

``925A. Remedies.''.

       (k) Provision of Grounds Underlying Ineligibility 
     Determination by the National Instant Criminal Background 
     Check System.--Section 103 of the Brady Handgun Violence 
     Prevention Act (18 U.S.C. 922 note) is amended--
       (1) in subsection (f)--
       (A) by inserting ``or the Attorney General has made a 
     determination regarding an applicant for a firearm permit 
     pursuant to section 922B of title 18, United States Code,'' 
     after ``is ineligible to receive a firearm''; and
       (B) by inserting ``except any information for which the 
     Attorney General has determined that disclosure would likely 
     compromise national security,'' after ``reasons to the 
     individual,''; and
       (2) in subsection (g)--
       (A) the first sentence--
       (i) by inserting ``or if the Attorney General has made a 
     determination pursuant to section 922A or 922B of title 18, 
     United States Code,'' after ``or State law,''; and
       (ii) by inserting ``, except any information for which the 
     Attorney General has determined that disclosure would likely 
     compromise national security'' before the period at the end; 
     and
       (B) by adding at the end the following: ``Any petition for 
     review of information withheld by the Attorney General under 
     this subsection shall be made in accordance with section 925A 
     of title 18, United States Code.''.
       (l) Unlawful Distribution of Explosives Based Upon Attorney 
     General Discretionary Denial.--Section 842(d) of title 18, 
     United States Code, is amended--
       (1) in paragraph (9), by striking the period and inserting 
     ``; or''; and
       (2) by adding at the end the following:
       ``(10) has received actual notice of the Attorney General's 
     determination made pursuant to subsection (j) or (d)(1)(B) of 
     section 843 of this title.''.
       (m) Attorney General Discretionary Denial as Prohibitor.--
     Section 842(i) of title 18, United States Code, is amended--
       (1) in paragraph (7), by inserting ``; or'' at the end; and
       (2) by inserting after paragraph (7) the following:
       ``(8) who has received actual notice of the Attorney 
     General's determination made pursuant to subsection (j) or 
     (d)(1)(B) of section 843 of this title,''.
       (n) Attorney General Discretionary Denial of Federal 
     Explosives Licenses and Permits.--Section 843 of title 18, 
     United States Code, is amended--
       (1) in subsection (b), by striking ``Upon'' and inserting 
     ``Except as provided in subsection (j), upon''; and
       (2) by adding at the end the following:
       ``(j) The Attorney General may deny the issuance of a 
     permit or license to an applicant if the Attorney General 
     determines that the applicant or a responsible person or 
     employee possessor thereof is known (or appropriately 
     suspected) to be or have been engaged in conduct 
     constituting, in preparation of, in aid of, or related to 
     terrorism, or providing material support or resources for 
     terrorism, and the Attorney General has a reasonable belief 
     that the person may use explosives in connection with 
     terrorism.''.
       (o) Attorney General Discretionary Revocation of Federal 
     Explosives Licenses and Permits.--Section 843(d) of title 18, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``(d)'';
       (2) by striking ``if in the opinion'' and inserting the 
     following: ``if--
       ``(A) in the opinion''; and
       (3) by striking ``. The Secretary's action'' and inserting 
     the following: ``; or
       ``(B) the Attorney General determines that the licensee or 
     holder (or any responsible person or employee possessor 
     thereof) is known (or appropriately suspected) to be or have 
     been engaged in conduct constituting, in preparation for, in 
     aid of, or related to terrorism, or providing material 
     support or resources for terrorism, and that the Attorney 
     General has a reasonable belief that the person may use 
     explosives in connection with terrorism.
       ``(2) The Attorney General's action''.
       (p) Attorney General's Ability To Withhold Information in 
     Explosives License and Permit Denial and Revocation Suits.--
     Section 843(e) of title 18, United States Code, is amended--
       (1) in paragraph (1), by inserting after the first sentence 
     the following: ``However, if the denial or revocation is 
     based upon an Attorney General determination under subsection 
     (j) or (d)(1)(B), any information which the Attorney General 
     relied on for this determination may be withheld from the 
     petitioner if the Attorney General determines that disclosure 
     of the information would likely compromise national 
     security.''; and
       (2) in paragraph (2), by adding at the end the following: 
     ``In responding to any petition for review of a denial or 
     revocation based upon an Attorney General determination under 
     subsection (j) or (d)(1)(B), the United States may submit, 
     and the court may rely upon, summaries or redacted versions 
     of documents containing information the disclosure of which 
     the Attorney General has determined would likely compromise 
     national security.''.
       (q) Ability To Withhold Information in Communications to 
     Employers.--Section 843(h)(2) of title 18, United States 
     Code, is amended--
       (1) in subparagraph (A), by inserting ``or in subsection 
     (j) of this section (on grounds of terrorism)'' after 
     ``section 842(i)''; and
       (2) in subparagraph (B)--
       (A) in the matter preceding clause (i), by inserting ``or 
     in subsection (j) of this section,'' after ``section 
     842(i),''; and
       (B) in clause (ii), by inserting ``, except that any 
     information that the Attorney General relied on for a 
     determination pursuant to subsection (j) may be withheld if 
     the Attorney General concludes that disclosure of the 
     information would likely compromise national security'' after 
     ``determination''.
       (r) Conforming Amendment to Immigration and Nationality 
     Act.--Section 101(a)(43)(E)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by 
     striking ``or (5)'' and inserting ``(5), or (10)''.
       (s) Guidelines.--
       (1) In general.--The Attorney General shall issue 
     guidelines describing the circumstances under which the 
     Attorney General will exercise the authority and make 
     determinations under subsections (d)(1)(B) and (j) of section 
     843 and sections 922A and 922B of title 18, United States 
     Code, as amended by this Act.
       (2) Contents.--The guidelines issued under paragraph (1) 
     shall--
       (A) provide accountability and a basis for monitoring to 
     ensure that the intended goals for, and expected results of, 
     the grant of authority under subsections (d)(1)(B) and (j) of 
     section 843 and sections 922A and 922B of title 18, United 
     States Code, as amended by this Act, are being achieved; and
       (B) ensure that terrorist watch list records are used in a 
     manner that safeguards privacy and civil liberties 
     protections, in accordance with requirements outlines in 
     Homeland Security Presidential Directive 11 (dated August 27, 
     2004).
                                 ______
                                 
  SA 4430. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. RENAMING THE NATIONAL PROTECTION AND PROGRAMS 
                   DIRECTORATE.

       (a) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) United States Agency for Cyber and Infrastructure 
     Security.--The National Protection and Programs Directorate 
     of the Department shall be known and designated as the 
     ``United States Agency for Cyber and Infrastructure 
     Security''. Any reference to the National Protection and 
     Programs Directorate of the Department in any law, 
     regulation, map, document, record, or other paper of the 
     United States shall be deemed to be a reference to the United 
     States Agency for Cyber and Infrastructure Security of the 
     Department.
       (c) Streamlining.--
       (1) Allocation of functions.--To support the United States 
     Agency for Cyber and Infrastructure Security and increase 
     efficiency and effectiveness, the Secretary may allocate and 
     reallocate the mission support, Stakeholder Engagement and 
     Cyber Infrastructure Resilience, and sector-specific agency 
     functions, personnel, and assets that

[[Page S3459]]

     are supporting National Protection and Programs Directorate 
     of the Department on the day before the date of enactment of 
     this Act.
       (2) Funding.--Notwithstanding section 520 of division F of 
     the Consolidated Appropriations Act, 2016 (Public Law 114-
     113; 129 Stat. 2515), funds available to the United States 
     Agency for Cybersecurity and Infrastructure Protection are 
     authorized as necessary to streamline in accordance with this 
     Act.
       (3) Notification.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a plan for allocating 
     the functions of the United States Agency for Cyber and 
     Infrastructure Security.
       (d) Technical and Conforming Amendments.--
       (1) In general.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (A) in the table of contents in section 1(b), by striking 
     the item relating to section 201 and inserting the following:

``201. Information and analysis; cyber and infrastructure security.'';
       (B) in section 103(a)(1) (6 U.S.C. 113(a)(1)), by striking 
     subparagraph (H) and inserting the following:
       ``(H) An Under Secretary for Cyber and Infrastructure 
     Security.'';
       (C) in section 201 (6 U.S.C. 121)--
       (i) in the section heading, by striking ``and 
     infrastructure protection'' and inserting ``; cyber and 
     infrastructure security'';
       (ii) in subsection (a)--

       (I) in the subsection heading, by striking ``and 
     Infrastructure Protection'' and inserting ``; Cyber and 
     Infrastructure Security''; and
       (II) by striking ``an Office of Intelligence and Analysis 
     and an Office of Infrastructure Protection'' and inserting 
     ``the United States Agency for Cyber and Infrastructure 
     Security and an Office of Intelligence and Analysis'';

       (iii) in subsection (b)--

       (I) in the subsection heading, by inserting ``, Under 
     Secretary for Cyber and Infrastructure Security,'' after 
     ``Analysis'';
       (II) by striking paragraph (3); and
       (III) by inserting after paragraph (2) the following:

       ``(3) United states agency for cyber and infrastructure 
     security.--
       ``(A) In general.--The United States Agency for Cyber and 
     Infrastructure Security shall be headed by an Under Secretary 
     for Cyber and Infrastructure Security.
       ``(B) Assistant secretaries.--Notwithstanding section 
     103(a)(1)(I), the Secretary may appoint 2 Assistant 
     Secretaries to assist in carrying out the duties of the 
     United States Agency for Cyber and Infrastructure 
     Security.'';
       (iv) in subsection (c)--

       (I) by striking ``infrastructure protection'' and inserting 
     ``cyber and infrastructure security''; and
       (II) by striking ``Assistant Secretary for Infrastructure 
     Protection'' and inserting ``Under Secretary for Cyber and 
     Infrastructure Security'';

       (v) in subsection (d)--

       (I) in the subsection heading, by striking ``and 
     Infrastructure Protection'' and inserting ``Cyber and 
     Infrastructure Security'';
       (II) in the matter preceding paragraph (1), by striking 
     ``infrastructure protection'' and inserting ``cyber and 
     infrastructure security'';
       (III) in paragraph (1)--

       (aa) in subparagraph (A), by inserting ``, cyber, and 
     other'' after ``terrorist''; and
       (bb) in subparagraph (B), by inserting ``and cyber 
     attacks'' after ``terrorism'';

       (IV) in paragraph (2), by inserting ``and cyber'' after 
     ``terrorist'';
       (V) in paragraph (3)(A), by inserting ``, cyber,'' after 
     ``terrorist'';
       (VI) in paragraph (8), by inserting ``, cyber, and other'' 
     after ``terrorist'';
       (VII) in paragraph (9), by striking ``of terrorism'';
       (VIII) in paragraph (10), by striking ``of terrorism''; and
       (IX) in paragraph (12), by striking ``of terrorism in'' and 
     inserting ``against'';

       (vi) in subsection (e)(1), by striking ``the Office of 
     Intelligence and Analysis and the Office of Infrastructure 
     Protection'' and inserting ``the United States Agency for 
     Cyber and Infrastructure Security and the Office of 
     Intelligence and Analysis'';
       (vii) in subsection (f)(1), by striking ``the Office of 
     Intelligence and Analysis and the Office of Infrastructure 
     Protection'' and inserting ``the United States Agency for 
     Cyber and Infrastructure Security and the Office of 
     Intelligence and Analysis''; and
       (viii) in subsection (g), in the matter preceding paragraph 
     (1), by striking ``the Office of Intelligence and Analysis 
     and the Office of Infrastructure Protection'' and inserting 
     ``the United States Agency for Cyber and Infrastructure 
     Security and the Office of Intelligence and Analysis'';
       (D) in section 204 (6 U.S.C. 124a)--
       (i) in subsection (c)(1), in the matter preceding 
     subparagraph (A), by striking ``Assistant Secretary for 
     Infrastructure Protection'' and inserting ``Under Secretary 
     for Cyber and Infrastructure Security''; and
       (ii) in subsection (d)(1), in the matter preceding 
     subparagraph (A), by striking ``Assistant Secretary for 
     Infrastructure Protection'' and inserting ``Under Secretary 
     for Cyber and Infrastructure Security'';
       (E) in section 210A(c)(2)(B) (6 U.S.C. 124h(c)(2)(B)), by 
     striking ``Office of Infrastructure Protection'' and 
     inserting ``United States Agency for Cyber and Infrastructure 
     Security'';
       (F) in section 223 (6 U.S.C. 143)--
       (i) in the matter preceding paragraph (1), by striking 
     ``the Under Secretary appointed under section 103(a)(1)(H)'' 
     and inserting ``the Under Secretary for Cyber and 
     Infrastructure Security'';
       (ii) in paragraph (1)(B)--

       (I) by striking ``Under Secretary for Emergency 
     Preparedness and Response'' and inserting ``Administrator of 
     the Federal Emergency Management Agency''; and
       (II) by striking ``and'' at the end; and

       (iii) in paragraph (2), by striking ``Under Secretary for 
     Emergency Preparedness and Response'' and inserting 
     ``Administrator of the Federal Emergency Management Agency'';
       (G) in section 224 (6 U.S.C. 144), by striking ``Assistant 
     Secretary for Infrastructure Protection'' and inserting 
     ``Under Secretary for Cyber and Infrastructure Security'';
       (H) in section 227 (6 U.S.C. 148)--
       (i) in subsection (b), by striking ``the Under Secretary 
     appointed under section 103(a)(1)(H)'' and inserting ``the 
     Under Secretary for Cyber and Infrastructure Security'';
       (ii) in subsection (e)(1)(G), by striking the semicolon at 
     the end; and
       (iii) in subsection (f)(1), by striking ``the Under 
     Secretary appointed under section 103(a)(1)(H)'' and 
     inserting ``the Under Secretary for Cyber and Infrastructure 
     Security'';
       (I) in section 228(c) (6 U.S.C. 149(c)), by striking ``The 
     Under Secretary appointed under section 103(a)(1)(H)'' and 
     inserting ``The Under Secretary for Cyber and Infrastructure 
     Security'';
       (J) in section 302 (6 U.S.C. 182)--
       (i) in paragraph (2), by striking ``biological,,'' and 
     inserting ``biological''; and
       (ii) in paragraph (3), by striking ``Assistant Secretary 
     for Infrastructure Protection'' and inserting ``Under 
     Secretary for Cyber and Infrastructure Security'';
       (K) in section 514 (6 U.S.C. 321c)--
       (i) by striking subsection (b); and
       (ii) by redesignating subsection (c) as subsection (b);
       (L) in section 523(a) (6 U.S.C. 321l(a)), in the matter 
     preceding paragraph (1), by striking ``Assistant Secretary 
     for Infrastructure Protection'' and inserting ``Under 
     Secretary for Cyber and Infrastructure Security'';
       (M) in section 524(a)(2)(B) (6 U.S.C. 321m(a)(2)(B)), by 
     striking ``Assistant Secretary for Infrastructure Protection, 
     based on consideration of the expertise of the Assistant 
     Secretary'' and inserting ``Under Secretary for Cyber and 
     Infrastructure Security, based on consideration of the 
     expertise of the Under Secretary''; and
       (N) in section 1801(b) (6 U.S.C. 571(b)), by striking 
     ``Assistant Secretary for Cybersecurity and Communications'' 
     and inserting ``Under Secretary for Cyber and Infrastructure 
     Security''.
       (e) Other Matters.--
       (1) Rules of construction.--Nothing in this section or any 
     amendments made by this section may be construed as affecting 
     in any manner any rule or regulation issued or promulgated 
     pursuant to any provision of law as in existence on the day 
     before the date of enactment of this Act, and any such rule 
     or regulation shall continue to have full force and effect on 
     and after such date.
       (2) Continuation in office.--The individual serving as the 
     Under Secretary responsible for overseeing critical 
     infrastructure protection, cybersecurity, and other related 
     programs of the Department appointed under section 
     103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 
     113(a)(1)(H)) on the day before the date of enactment of this 
     Act may serve as the Under Secretary for Cyber and 
     Infrastructure Security on and after such date of enactment 
     until an Under Secretary for Cyber and Infrastructure 
     Security is appointed under such section 103(a)(1)(H).
       (3) Reference.--On and after the date of the enactment of 
     this Act, any reference in law or regulation to the Under 
     Secretary responsible for overseeing critical infrastructure 
     protection, cybersecurity, and other related programs of the 
     Department appointed under section 103(a)(1)(H) of the 
     Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) or the 
     Assistant Secretary for Infrastructure Protection shall be 
     deemed to be a reference to the Under Secretary for Cyber and 
     Infrastructure Security.
                                 ______
                                 
  SA 4431. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Finding.--Congress makes the following findings:

[[Page S3460]]

       (1) An increasing number of communities across New York 
     have reportedly identified the presence of perfluorooctanoic 
     acid (PFOA) and perfluorooctane sulfonates (PFOS), which can 
     contaminate water and cause adverse health effects.
       (2) According to reports, levels of PFOA and PFOS have been 
     detected in the public and private water supplies in the city 
     of Newburgh, New York. Public and private wells in these 
     communities are being tested by the New York Department of 
     Environmental Conservation (DEC) and the New York Department 
     of Health (DOH) .
       (3) The Environmental Protection Agency (EPA) has 
     identified PFOA as an ``emerging contaminant,'' and in 2009, 
     the EPA issued an updated provisional health advisory for 
     drinking water of 70 parts per trillion for PFOA and PFOS.
       (b) Report.--
       (1) In general.--Not later than September 1, 2016, the 
     Secretary of the Air Force, in collaboration with the 
     Administrator of the Environmental Protection Agency, shall 
     submit to Congress a report on perfluorooctanoic acid (PFOA) 
     and perfluorooctane sulfonates (PFOS) contamination at 
     Stewart Air National Guard Base, New York.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) An update on the cleanup at Stewart Air National Guard 
     Base.
       (B) An update on the Air Force's efforts to identify and 
     notify everyone affected or impacted by the contamination.
       (C) An assessment of the Air Force's role, if any, in the 
     new contaminations.
       (D) A summary of the Air Force's support, where 
     appropriate, for the EPA with respect to the latest 
     contaminations.
                                 ______
                                 
  SA 4432. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. WAIVER OF CERTAIN POLYGRAPH EXAMINATION 
                   REQUIREMENTS.

       The Secretary of Homeland Security, acting through the 
     Commissioner of U.S. Customs and Border Protection, may waive 
     the polygraph examination requirement under section 3 of the 
     Anti-Border Corruption Act of 2010 (Public Law 111-376) for 
     any applicant who--
       (1) the Commissioner determines is suitable for employment;
       (2) holds a current, active Top Secret clearance and is 
     able to access sensitive compartmented information;
       (3) has a current single scope background investigation;
       (4) was not granted any waivers to obtain the clearance; 
     and
       (5) is a veteran (as such term is defined in section 2108 
     or 2108a of title 5, United States Code).
                                 ______
                                 
  SA 4433. Mr. WYDEN (for himself 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 I of title X, add the following:

     SEC. 1097. DISCLOSURE OF RECENT TAX RETURNS OF CERTAIN 
                   PRESIDENTIAL CANDIDATES.

       (a) In General.--Section 304 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding 
     at the end the following new subsection:
       ``(j) Disclosure of Tax Returns of Certain Presidential 
     Candidates.--
       ``(1) In general.--Not later than 15 days after the 
     nomination of any candidate of a major party for the office 
     of President, such candidate shall file with the Commission a 
     copy of the income tax returns of such candidate for the 3 
     most recent taxable years for which such a return has been 
     filed with the Internal Revenue Service as of the date of the 
     nomination.
       ``(2) Procedure if no information filed.--In any case in 
     which the candidate of a major party for the office of 
     President has not filed with the Commission the income tax 
     returns described in paragraph (1) before the date which is 
     30 days after the date such candidate is nominated, the 
     Chairman of the Commission shall request the Secretary of the 
     Treasury to provide such returns.
       ``(3) Returns made public.--A tax return provided to the 
     Commission by a candidate under paragraph (1) or by the 
     Secretary of the Treasury pursuant to paragraph (2) shall be 
     treated in the same manner as a report filed by the candidate 
     and, except as provided in paragraph (4), shall be made 
     publicly available at the same time and in the same manner as 
     other reports and statements under this section.
       ``(4) Redaction of certain information.--Before making any 
     return described in paragraph (1) or (2) available to the 
     public, the Commission shall redact such information as the 
     Commission, in consultation with the Secretary of the 
     Treasury (or the Secretary's delegate), determines 
     appropriate.
       ``(5) Definitions.--For purposes of this subsection:
       ``(A) Major party.--The term `major party' has the meaning 
     given such term by section 9002(6) of the Internal Revenue 
     Code of 1986.
       ``(B) Income tax return.--The term `income tax return' 
     means any return (as defined in section 6103(b)(1) of the 
     Internal Revenue Code of 1986) relating to Federal income 
     taxes.''.
       (b) Authority to Disclose Information.--
       (1) In general.--Section 6103(l) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(23) Disclosure of return information of certain 
     presidential candidates by federal election commission.--
       ``(A) In general.--The Federal Election Commission may 
     disclose to the public the applicable returns of any person 
     who has been nominated as a candidate of a major party (as 
     defined in section 9002(6)) for the office of President.
       ``(B) Disclosure to fec in cases where candidate does not 
     provide returns.--The Secretary shall, upon written request 
     from the Chairman of the Federal Election Commission pursuant 
     to section 304(j)(2) of the Federal Election Campaign Act of 
     1971, provide to officers and employees of the Federal 
     Election Commission copies of the applicable returns of any 
     person who has been nominated as a candidate of a major party 
     (as defined in section 9002(6)) for the office of President.
       ``(C) Applicable returns.--For purposes of this paragraph, 
     the term `applicable returns' means, with respect to any 
     candidate for the office of President, income tax returns for 
     the 3 most recent taxable years for which a return has been 
     filed as of the date of the nomination.''.
       (2) Conforming amendments.--Section 6103(p)(4) of such 
     Code, in the matter preceding subparagraph (A) and in 
     subparagraph (F)(ii), is amended by striking ``or (22)'' and 
     inserting ``(22), or (23)'' each place it appears.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 4434. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 965. INFORMATION ON WHISTLEBLOWER REPRISAL 
                   INVESTIGATIONS IN SEMIANNUAL REPORTS TO 
                   CONGRESS OF THE INSPECTOR GENERAL OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Information Required.--The Inspector General of the 
     Department of Defense shall include in each semiannual report 
     to Congress of the Inspector General pursuant to section 5(a) 
     of the Inspector General Act of 1978 (5 U.S.C. App.) the 
     information specified in subsection (c) with respect to 
     investigations of prohibited personnel actions against 
     personnel specified in subsection (b) during the period 
     covered by such report.
       (b) Covered Personnel.--The personnel specified in this 
     subsection are personnel of the Department Defense, and of 
     each element of the intelligence community referred to in 
     section 8H(a)(1)(A) of the Inspector General Act of 1978, as 
     follows:
       (1) Members of the Armed Forces, including members of the 
     National Guard and the Reserves, on active duty.
       (2) Civilian employees.
       (3) Non-appropriated fund instrumentality employees.
       (4) Employees of contractors.
       (5) Employees of subcontractors.
       (6) Employees of grantees.
       (7) Employees of subgrantees.
       (8) Such other personnel as the Inspector General considers 
     appropriate for purposes of this section.
       (c) Covered Information.--The information specified in this 
     subsection is information on prohibited personnel actions 
     against the personnel specified in subsection (b), set forth 
     by category of personnel enumerated in that subsection, as 
     follows:
       (1) The number of allegations received by the Inspector 
     General
       (2) The number of allegations investigated by the Inspector 
     General.
       (3) The number of allegations dismissed or withdrawn.
       (4) The number of allegations closed by the Inspector 
     General, including--
       (A) the number of allegations closed by the Inspector 
     General without investigation; and
       (B) the number of allegations closed by the Inspector 
     General without the complainant being interviewed.
       (5) The number of investigated allegations substantiated by 
     the Inspector General, and the substantiation rate.

[[Page S3461]]

       (6) The average time for the investigation of allegations.
       (7) In the case of personnel of the Department of Defense, 
     the number of allegations pursued by an Inspector General 
     within a military department and subsequently reviewed by the 
     Inspector General of the Department of Defense.
       (8) In the case of personnel of the elements of the 
     intelligence community referred to in subsection (b), the 
     number of investigations returned by an Inspector General of 
     the Intelligence Community for additional analysis or 
     investigation.
       (9) In the case of allegations received from employees of 
     contractors, subcontrators, grantees, and subgrantees under 
     section 2409 of title 10, United States Code--
       (A) the number of allegations received; and
       (B) the statutory standards applied in the investigation of 
     such allegations.
       (10) In the case of substantiated allegations, the number 
     and percentage of cases in which the department, agency, 
     element, or component concerned took remedial action.
       (11) The number and types of disciplinary actions taken 
     against persons determined to have committed a prohibited 
     personnel action.
       (d) Outreach and Training.--Each report described in 
     subsection (a) shall also include a description of the 
     telephone hotline outreach and training events conducted for 
     personnel of the Department of Defense by the Inspector 
     General of the Department of Defense during the period 
     covered by such report.
       (e) Definitions.--In this section:
       (1) The term ``prohibited personnel action'' means the 
     taking or threatening to take an unfavorable personnel 
     action, or the withholding or threatening to withhold a 
     favorable personnel action, as a reprisal against an 
     individual for making or preparing to make the following:
       (A) A lawful communication to a Member of Congress or an 
     Inspector General.
       (B) A communication to a covered individual or organization 
     in which the individual complains of, or discloses 
     information that the individual reasonably believes 
     constitutes evidence of, any of the following:
       (i) A violation of law or regulation, including a law or 
     regulation prohibiting sexual harassment or unlawful 
     discrimination.
       (ii) Gross mismanagement, a gross waste of funds, an abuse 
     of authority, or a substantial and specific danger to public 
     health or safety.
       (2) The term ``covered individual or organization'' means 
     any recipient of a communication specified in clauses (i) 
     through (v) of section 1034(b)(1)(B) of title 10, United 
     States Code.
       (3) The term ``unlawful discrimination'' means 
     discrimination on the basis of race, color, religion, sex, or 
     national origin.
                                 ______
                                 
  SA 4435. Mr. GRASSLEY 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 XII, add the following:

     SEC. 1216. SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS.

       (a) Aliens Described.--Section 602(b)(2)(A)(ii)(I) of the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is 
     amended to read as follows:

       ``(I)(aa) by, or on behalf of, the United States 
     Government, in the case of an alien submitting an application 
     for Chief of Mission approval pursuant to subparagraph (D) 
     before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2017; or
       ``(bb) in the case of an alien submitting an application 
     for Chief of Mission approval pursuant to subparagraph (D) on 
     or after the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2017, in a capacity that 
     required the alien--

       ``(AA) to serve as an interpreter or translator for 
     personnel of the Department of State or the United States 
     Agency for International Development in Afghanistan while 
     traveling away from United States embassies or consulates 
     with such personnel;
       ``(BB) to serve as an interpreter or translator for United 
     States military personnel in Afghanistan while traveling off-
     base with such personnel; or
       ``(CC) to perform sensitive and trusted activities for 
     United States military personnel stationed in Afghanistan; 
     or''.
       (b) Numerical Limitations.--Section 602(b)(3)(F) of such 
     Act is amended by striking ``December 31, 2016;'' each place 
     it appears and inserting ``December 31, 2017;''.
       (c) Report.--Section 602(b)(14) of such Act is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``Not later than 60 days after the date of the enactment of 
     this paragraph,'' and inserting ``Not later than December 31, 
     2016, and annually thereafter through January 31, 2021,''; 
     and
       (2) in subparagraph (A)(i), by striking ``under this 
     section;'' and inserting ``under subclause (I) or (II)(bb) of 
     paragraph (2)(A)(ii);''.
                                 ______
                                 
  SA 4436. Mr. RUBIO (for himself, Mr. Sullivan, Mr. Cassidy, Mr. 
Vitter, Mr. Blunt, Mrs. Capito, Mr. Wicker, and Ms. Ayotte) submitted 
an amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE __--VESSEL INCIDENTAL DISCHARGE ACT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Vessel Incidental 
     Discharge Act''.

     SEC. _02. FINDINGS; PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) Since the enactment of the Act to Prevent Pollution 
     from Ships (22 U.S.C. 1901 et seq.) in 1980, the United 
     States Coast Guard has been the principal Federal authority 
     charged with administering, enforcing, and prescribing 
     regulations relating to the discharge of pollutants from 
     vessels engaged in maritime commerce and transportation.
       (2) The Coast Guard estimates there are approximately 
     12,000,000 State-registered recreational vessels, 75,000 
     commercial fishing vessels, and 33,000 freight and tank 
     barges operating in United States waters.
       (3) From 1973 to 2005, certain discharges incidental to the 
     normal operation of a vessel were exempted by regulation from 
     otherwise applicable permitting requirements.
       (4) During the 32 years during which this regulatory 
     exemption was in effect, Congress enacted several statutes to 
     deal with the regulation of discharges incidental to the 
     normal operation of a vessel, including--
       (A) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
     et seq.) in 1980;
       (B) the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 (16 U.S.C. 4701 et seq.);
       (C) the National Invasive Species Act of 1996 (110 Stat. 
     4073);
       (D) section 415 of the Coast Guard Authorization Act of 
     1998 (112 Stat. 3434) and section 623 of the Coast Guard and 
     Maritime Transportation Act of 2004 (33 U.S.C. 1901 note), 
     which established interim and permanent requirements, 
     respectively, for the regulation of vessel discharges of 
     certain bulk cargo residue;
       (E) title XIV of division B of Appendix D of the 
     Consolidated Appropriations Act, 2001 (114 Stat. 2763), which 
     prohibited or limited certain vessel discharges in certain 
     areas of Alaska;
       (F) section 204 of the Maritime Transportation Security Act 
     of 2002 (33 U.S.C. 1902a), which established requirements for 
     the regulation of vessel discharges of agricultural cargo 
     residue material in the form of hold washings;
       (G) title X of the Coast Guard Authorization Act of 2010 
     (33 U.S.C. 3801 et seq.), which provided for the 
     implementation of the International Convention on the Control 
     of Harmful Anti-Fouling Systems on Ships, 2001; and
       (H) the amendment made by section 2 of the Clean Boating 
     Act of 2008 adding subsection (r) to section 402 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1342(r)), 
     which exempts recreational vessels from National Pollutant 
     Discharge Elimination System permit requirements.
       (b) Purpose.--The purpose of this title is to provide for 
     the establishment of nationally uniform and environmentally 
     sound standards and requirements for the management of 
     discharges incidental to the normal operation of a vessel.

     SEC. _03. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Aquatic nuisance species.--The term ``aquatic nuisance 
     species'' means a nonindigenous species (including a 
     pathogen) that threatens the diversity or abundance of native 
     species or the ecological stability of navigable waters or 
     commercial, agricultural, aquacultural, or recreational 
     activities dependent on such waters.
       (3) Ballast water.--
       (A) In general.--The term ``ballast water'' means any water 
     and water-suspended matter taken aboard a vessel--
       (i) to control or maintain trim, list, draught, stability, 
     or stresses of the vessel; or
       (ii) during the cleaning, maintenance, or other operation 
     of a ballast water treatment technology of the vessel.
       (B) Exclusions.--The term ``ballast water'' does not 
     include any substance that is added to water described in 
     subparagraph (A) that is not directly related to the 
     operation of a properly functioning ballast water treatment 
     technology under this title.
       (4) Ballast water discharge standard.--The term ``ballast 
     water discharge standard'' means the numerical ballast water 
     discharge standard set forth in section 151.2030 of title 33, 
     Code of Federal Regulations or section 151.1511 of title 33, 
     Code of Federal Regulations, as applicable, or a revised 
     numerical ballast water discharge standard established under 
     subsection (a)(1)(B), (b), or (c) of section _05.

[[Page S3462]]

       (5) Ballast water management system; management system.--
     The terms ``ballast water management system'' and 
     ``management system'' mean any system, including all ballast 
     water treatment equipment and associated control and 
     monitoring equipment, used to process ballast water to kill, 
     remove, render harmless, or avoid the uptake or discharge of 
     organisms.
       (6) Biocide.--The term ``biocide'' means a substance or 
     organism, including a virus or fungus, that is introduced 
     into or produced by a ballast water management system to 
     reduce or eliminate aquatic nuisance species as part of the 
     process used to comply with a ballast water discharge 
     standard under this title.
       (7) Discharge incidental to the normal operation of a 
     vessel.--
       (A) In general.--The term ``discharge incidental to the 
     normal operation of a vessel'' means--
       (i) a discharge into navigable waters from a vessel of--

       (I)(aa) ballast water, graywater, bilge water, cooling 
     water, oil water separator effluent, anti-fouling hull 
     coating leachate, boiler or economizer blowdown, byproducts 
     from cathodic protection, controllable pitch propeller and 
     thruster hydraulic fluid, distillation and reverse osmosis 
     brine, elevator pit effluent, firemain system effluent, 
     freshwater layup effluent, gas turbine wash water, motor 
     gasoline and compensating effluent, refrigeration and air 
     condensate effluent, seawater pumping biofouling prevention 
     substances, boat engine wet exhaust, sonar dome effluent, 
     exhaust gas scrubber washwater, or stern tube packing gland 
     effluent; or
       (bb) any other pollutant associated with the operation of a 
     marine propulsion system, shipboard maneuvering system, 
     habitability system, or installed major equipment, or from a 
     protective, preservative, or absorptive application to the 
     hull of a vessel;
       (II) weather deck runoff, deck wash, aqueous film forming 
     foam effluent, chain locker effluent, non-oily machinery 
     wastewater, underwater ship husbandry effluent, welldeck 
     effluent, or fish hold and fish hold cleaning effluent; or
       (III) any effluent from a properly functioning marine 
     engine; or

       (ii) a discharge of a pollutant into navigable waters in 
     connection with the testing, maintenance, or repair of a 
     system, equipment, or engine described in subclause (I)(bb) 
     or (III) of clause (i) whenever the vessel is waterborne.
       (B) Exclusions.--The term ``discharge incidental to the 
     normal operation of a vessel'' does not include--
       (i) a discharge into navigable waters from a vessel of--

       (I) rubbish, trash, garbage, incinerator ash, or other such 
     material discharged overboard;
       (II) oil or a hazardous substance as those terms are 
     defined in section 311 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321);
       (III) sewage as defined in section 312(a)(6) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1322(a)(6)); or
       (IV) graywater referred to in section 312(a)(6) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6));

       (ii) an emission of an air pollutant resulting from the 
     operation onboard a vessel of a vessel propulsion system, 
     motor driven equipment, or incinerator; or
       (iii) a discharge into navigable waters from a vessel when 
     the vessel is operating in a capacity other than as a means 
     of transportation on water.
       (8) Geographically limited area.--The term ``geographically 
     limited area'' means an area--
       (A) with a physical limitation, including limitation by 
     physical size and limitation by authorized route such as the 
     Great Lakes and St. Lawrence River, that prevents a vessel 
     from operating outside the area, as determined by the 
     Secretary; or
       (B) that is ecologically homogeneous, as determined by the 
     Secretary, in consultation with the heads of other Federal 
     departments or agencies as the Secretary considers 
     appropriate.
       (9) Manufacturer.--The term ``manufacturer'' means a person 
     engaged in the manufacture, assemblage, or importation of 
     ballast water treatment technology.
       (10) Navigable waters.--The term ``navigable waters'' has 
     the meaning given the term in section 2.36 of title 33, Code 
     of Federal Regulations, as in effect on the date of the 
     enactment of this Act.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (12) Vessel.--The term ``vessel'' means every description 
     of watercraft or other artificial contrivance used, or 
     practically or otherwise capable of being used, as a means of 
     transportation on water.

     SEC. _04. REGULATION AND ENFORCEMENT.

       (a) In General.--
       (1) Establishment.--The Secretary, in consultation with the 
     Administrator, shall establish, implement, and enforce 
     uniform national standards and requirements for the 
     regulation of discharges incidental to the normal operation 
     of a vessel.
       (2) Basis.--Except as provided under paragraph (3), the 
     standards and requirements established under paragraph (1)--
       (A) with respect to ballast water, shall be based upon the 
     best available technology that is economically achievable;
       (B) with respect to discharges incidental to the normal 
     operation of a vessel other than ballast water, shall be 
     based on best management practices (including practices, 
     limitations, or concentrations); and
       (C) shall supersede any permitting requirement or 
     prohibition on discharges incidental to the normal operation 
     of a vessel under any other provision of law.
       (3) Rule of construction.--The standards and requirements 
     established under paragraph (1) shall not supersede 
     regulations, in place on the date of the enactment of this 
     Act or established by a rulemaking proceeding after such date 
     of enactment, which cover a discharge in a national marine 
     sanctuary or in a marine national monument.
       (b) Administration and Enforcement.--The Secretary shall 
     administer and enforce the uniform national standards and 
     requirements under this title. Each State may enforce the 
     uniform national standards and requirements under this title.
       (c) Sanctions.--
       (1) Civil penalties.--
       (A) Ballast water.--Any person who violates a regulation 
     issued pursuant to this title regarding a discharge 
     incidental to the normal operation of a vessel of ballast 
     water shall be liable for a civil penalty in an amount not to 
     exceed $25,000. Each day of a continuing violation 
     constitutes a separate violation.
       (B) Other discharge.--Any person who violates a regulation 
     issued pursuant to this title regarding a discharge 
     incidental to the normal operation of a vessel other than 
     ballast water shall be liable for a civil penalty in an 
     amount not to exceed $10,000. Each day of a continuing 
     violation constitutes a separate violation.
       (C) In rem liability.--A vessel operated in violation of a 
     regulation issued under this title shall be liable in rem for 
     any civil penalty assessed under this subsection for that 
     violation.
       (2) Criminal penalties.--
       (A) Ballast water.--Any person who knowingly violates a 
     regulation issued pursuant to this title regarding a 
     discharge incidental to the normal operation of a vessel of 
     ballast water shall be punished by a fine of not more than 
     $100,000, imprisonment for not more than 2 years, or both.
       (B) Other discharge.--Any person who knowingly violates a 
     regulation issued pursuant to this title regarding a 
     discharge incidental to the normal operation of a vessel 
     other than ballast water shall be punished by a fine of not 
     more than $50,000, imprisonment for not more than 1 year, or 
     both.
       (3) Revocation of clearance.--The Secretary is authorized 
     to withhold or revoke the clearance of a vessel required 
     under section 60105 of title 46, United States Code, if the 
     owner or operator of the vessel is in violation of a 
     regulation issued pursuant to this Act.
       (4) Exception to sanctions.--It shall be an affirmative 
     defense to any charge of a violation of this title that 
     compliance with this title would, because of adverse weather, 
     equipment failure, or any other relevant condition, have 
     threatened the safety or stability of a vessel, its crew, or 
     its passengers.

     SEC. _05. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR THE 
                   REGULATION OF DISCHARGES INCIDENTAL TO THE 
                   NORMAL OPERATION OF A VESSEL.

       (a) Requirements.--
       (1) Ballast water management requirements.--
       (A) In general.--Notwithstanding any other provision of 
     law, the requirements set forth in the final rule, Standards 
     for Living Organisms in Ships' Ballast Water Discharged in 
     U.S. Waters (77 Fed. Reg. 17254 (March 23, 2012), as 
     corrected at 77 Fed. Reg. 33969 (June 8, 2012)), shall be the 
     management requirements for a ballast water discharge 
     incidental to the normal operation of a vessel until the 
     Secretary revises the ballast water discharge standard under 
     subsection (b) or adopts a more stringent standard under 
     subparagraph (B).
       (B) Adoption of more stringent standard.--If the Secretary 
     makes a determination in favor of a State petition under 
     section 610, the Secretary shall adopt the more stringent 
     ballast water discharge standard specified in the statute or 
     regulation that is the subject of that State petition instead 
     of the ballast water discharge standard in the final rule 
     described under subparagraph (A).
       (2) Initial management requirements for discharges other 
     than ballast water.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator, shall issue a final rule establishing best 
     management practices for discharges incidental to the normal 
     operation of a vessel other than ballast water.
       (b) Revised Ballast Water Discharge Standard; 8-Year 
     Review.--
       (1) In general.--Subject to the feasibility review under 
     paragraph (2), not later than January 1, 2024, the Secretary, 
     in consultation with the Administrator, shall issue a final 
     rule revising the ballast water discharge standard under 
     subsection (a)(1) so that a ballast water discharge 
     incidental to the normal operation of a vessel will contain--
       (A) less than 1 organism that is living or has not been 
     rendered harmless per 10 cubic meters that is 50 or more 
     micrometers in minimum dimension;
       (B) less than 1 organism that is living or has not been 
     rendered harmless per 10 milliliters that is less than 50 
     micrometers in minimum dimension and more than 10 micrometers 
     in minimum dimension;

[[Page S3463]]

       (C) concentrations of indicator microbes that are less 
     than--
       (i) 1 colony-forming unit of toxicogenic Vibrio cholera 
     (serotypes O1 and O139) per 100 milliliters or less than 1 
     colony-forming unit of that microbe per gram of wet weight of 
     zoological samples;
       (ii) 126 colony-forming units of Escherichia coli per 100 
     milliliters; and
       (iii) 33 colony-forming units of intestinal enterococci per 
     100 milliliters; and
       (D) concentrations of such additional indicator microbes 
     and of viruses as may be specified in regulations issued by 
     the Secretary in consultation with the Administrator and such 
     other Federal agencies as the Secretary and the Administrator 
     consider appropriate.
       (2) Feasibility review.--
       (A) In general.--Not less than 2 years before January 1, 
     2024, the Secretary, in consultation with the Administrator, 
     shall complete a review to determine the feasibility of 
     achieving the revised ballast water discharge standard under 
     paragraph (1).
       (B) Criteria for review of ballast water discharge 
     standard.--In conducting a review under subparagraph (A), the 
     Secretary shall consider whether revising the ballast water 
     discharge standard will result in a scientifically 
     demonstrable and substantial reduction in the risk of 
     introduction or establishment of aquatic nuisance species, 
     taking into account--
       (i) improvements in the scientific understanding of 
     biological and ecological processes that lead to the 
     introduction or establishment of aquatic nuisance species;
       (ii) improvements in ballast water management systems, 
     including--

       (I) the capability of such management systems to achieve a 
     revised ballast water discharge standard;
       (II) the effectiveness and reliability of such management 
     systems in the shipboard environment;
       (III) the compatibility of such management systems with the 
     design and operation of a vessel by class, type, and size;
       (IV) the commercial availability of such management 
     systems; and
       (V) the safety of such management systems;

       (iii) improvements in the capabilities to detect, quantify, 
     and assess the viability of aquatic nuisance species at the 
     concentrations under consideration;
       (iv) the impact of ballast water management systems on 
     water quality; and
       (v) the costs, cost-effectiveness, and impacts of--

       (I) a revised ballast water discharge standard, including 
     the potential impacts on shipping, trade, and other uses of 
     the aquatic environment; and
       (II) maintaining the existing ballast water discharge 
     standard, including the potential impacts on water-related 
     infrastructure, recreation, propagation of native fish, 
     shellfish, and wildlife, and other uses of navigable waters.

       (C) Lower revised discharge standard.--
       (i) In general.--If the Secretary, in consultation with the 
     Administrator, determines on the basis of the feasibility 
     review and after an opportunity for a public hearing that no 
     ballast water management system can be certified under 
     section _06 to comply with the revised ballast water 
     discharge standard under paragraph (1), the Secretary shall 
     require the use of the management system that achieves the 
     performance levels of the best available technology that is 
     economically achievable.
       (ii) Implementation deadline.--If the Secretary, in 
     consultation with the Administrator, determines that the 
     management system under clause (i) cannot be implemented 
     before the implementation deadline under paragraph (3) with 
     respect to a class of vessels, the Secretary shall extend the 
     implementation deadline for that class of vessels for not 
     more than 36 months.
       (iii) Compliance.--If the implementation deadline under 
     paragraph (3) is extended, the Secretary shall recommend 
     action to ensure compliance with the extended implementation 
     deadline under clause (ii).
       (D) Higher revised discharge standard.--
       (i) In general.--If the Secretary, in consultation with the 
     Administrator, determines that a ballast water management 
     system exists that exceeds the revised ballast water 
     discharge standard under paragraph (1) with respect to a 
     class of vessels and is the best available technology that is 
     economically achievable, the Secretary shall revise the 
     ballast water discharge standard for that class of vessels to 
     incorporate the higher discharge standard.
       (ii) Implementation deadline.--If the Secretary, in 
     consultation with the Administrator, determines that the 
     management system under clause (i) can be implemented before 
     the implementation deadline under paragraph (3) with respect 
     to a class of vessels, the Secretary shall accelerate the 
     implementation deadline for that class of vessels. If the 
     implementation deadline under paragraph (3) is accelerated, 
     the Secretary shall provide not less than 24 months notice 
     before the accelerated deadline takes effect.
       (3) Implementation deadline.--The revised ballast water 
     discharge standard under paragraph (1) shall apply to a 
     vessel beginning on the date of the first drydocking of the 
     vessel on or after January 1, 2024, but not later than 
     December 31, 2026.
       (4) Revised discharge standard compliance deadlines.--
       (A) In general.--The Secretary may establish a compliance 
     deadline for compliance by a vessel (or a class, type, or 
     size of vessel) with a revised ballast water discharge 
     standard under this subsection.
       (B) Process for granting extensions.--In issuing 
     regulations under this subsection, the Secretary shall 
     establish a process for an owner or operator to submit a 
     petition to the Secretary for an extension of a compliance 
     deadline with respect to the vessel of the owner or operator.
       (C) Period of extensions.--An extension issued under 
     subparagraph (B) may be for a period of not to exceed 18 
     months from the date of the applicable deadline under 
     subparagraph (A) and may be renewed for additional periods of 
     not to exceed 18 months each, except that the total period of 
     extension may not exceed 5 years.
       (D) Factors.--In issuing a compliance deadline or reviewing 
     a petition under this paragraph, the Secretary shall 
     consider, with respect to the ability of an owner or operator 
     to meet a compliance deadline, the following factors:
       (i) Whether the management system to be installed is 
     available in sufficient quantities to meet the compliance 
     deadline.
       (ii) Whether there is sufficient shipyard or other 
     installation facility capacity.
       (iii) Whether there is sufficient availability of 
     engineering and design resources.
       (iv) Vessel characteristics, such as engine room size, 
     layout, or a lack of installed piping.
       (v) Electric power generating capacity aboard the vessel.
       (vi) Safety of the vessel and crew.
       (vii) Any other factors the Secretary considers 
     appropriate, including the availability of a ballast water 
     reception facility or other means of managing ballast water.
       (E) Consideration of petitions.--
       (i) Determinations.--The Secretary shall approve or deny a 
     petition for an extension of a compliance deadline submitted 
     by an owner or operator under this paragraph.
       (ii) Deadline.--If the Secretary does not approve or deny a 
     petition referred to in clause (i) on or before the last day 
     of the 90-day period beginning on the date of submission of 
     the petition, the petition shall be deemed approved.
       (c) Future Revisions of Vessel Incidental Discharge 
     Standards; Decennial Reviews.--
       (1) Revised ballast water discharge standards.--The 
     Secretary, in consultation with the Administrator, shall 
     complete a review, 10 years after the issuance of a final 
     rule under subsection (b) and every 10 years thereafter, to 
     determine whether further revision of the ballast water 
     discharge standard would result in a scientifically 
     demonstrable and substantial reduction in the risk of the 
     introduction or establishment of aquatic nuisance species.
       (2) Revised standards for discharges other than ballast 
     water.--The Secretary, in consultation with the 
     Administrator, may include in a decennial review under this 
     subsection best management practices for discharges 
     (including practices, limitations, or concentrations) covered 
     by subsection (a)(2). The Secretary shall initiate a 
     rulemaking to revise 1 or more best management practices for 
     such discharges after a decennial review if the Secretary, in 
     consultation with the Administrator, determines that revising 
     1 or more of such practices would substantially reduce the 
     impacts on navigable waters of discharges incidental to the 
     normal operation of a vessel other than ballast water.
       (3) Considerations.--In conducting a review under paragraph 
     (1), the Secretary, the Administrator, and the heads of other 
     Federal agencies as the Secretary considers appropriate, 
     shall consider the criteria under section _05(b)(2)(B).
       (4) Revision after decennial review.--The Secretary shall 
     initiate a rulemaking to revise the current ballast water 
     discharge standard after a decennial review if the Secretary, 
     in consultation with the Administrator, determines that 
     revising the current ballast water discharge standard would 
     result in a scientifically demonstrable and substantial 
     reduction in the risk of the introduction or establishment of 
     aquatic nuisance species.
       (d) Alternative Ballast Water Management Requirements.--
     Nothing in this title may be construed to preclude the 
     Secretary from authorizing the use of alternate means or 
     methods of managing ballast water (including flow-through 
     exchange, empty/refill exchange, and transfer to treatment 
     facilities in place of a vessel ballast water management 
     system required under this section) if the Secretary, in 
     consultation with the Administrator, determines that such 
     means or methods would not pose a greater risk of 
     introduction of aquatic nuisance species in navigable waters 
     than the use of a ballast water management system that 
     achieves the applicable ballast water discharge standard.
       (e) Great Lakes Requirements.--In addition to the other 
     standards and requirements imposed by this section, in the 
     case of a vessel that enters the Great Lakes through the St. 
     Lawrence River after operating outside the exclusive economic 
     zone of the United States the Secretary, in consultation with 
     the Administrator, shall establish a requirement that the 
     vessel conduct saltwater flushing of all ballast water tanks 
     onboard prior to entry.

     SEC. _06. TREATMENT TECHNOLOGY CERTIFICATION.

       (a) Certification Required.--No manufacturer of a ballast 
     water management system shall sell, offer for sale, or 
     introduce or deliver for introduction into interstate 
     commerce, or import into the United States for

[[Page S3464]]

     sale or resale, a ballast water management system for a 
     vessel unless it has been certified under this section.
       (b) Certification Process.--
       (1) Evaluation.--Upon application of a manufacturer, the 
     Secretary shall evaluate a ballast water management system 
     with respect to--
       (A) the effectiveness of the management system in achieving 
     the current ballast water discharge standard when installed 
     on a vessel (or a class, type, or size of vessel);
       (B) the compatibility with vessel design and operations;
       (C) the effect of the management system on vessel safety;
       (D) the impact on the environment;
       (E) the cost effectiveness; and
       (F) any other criteria the Secretary considers appropriate.
       (2) Approval.--If after an evaluation under paragraph (1) 
     the Secretary determines that the management system meets the 
     criteria, the Secretary may certify the management system for 
     use on a vessel (or a class, type, or size of vessel).
       (3) Suspension and revocation.--The Secretary shall 
     establish, by regulation, a process to suspend or revoke a 
     certification issued under this section.
       (c) Certification Conditions.--
       (1) Imposition of conditions.--In certifying a ballast 
     water management system under this section, the Secretary, in 
     consultation with the Administrator, may impose any condition 
     on the subsequent installation, use, or maintenance of the 
     management system onboard a vessel as is necessary for--
       (A) the safety of the vessel, the crew of the vessel, and 
     any passengers aboard the vessel;
       (B) the protection of the environment; or
       (C) the effective operation of the management system.
       (2) Failure to comply.--The failure of an owner or operator 
     to comply with a condition imposed under paragraph (1) shall 
     be considered a violation of this section.
       (d) Period for Use of Installed Treatment Equipment.--
     Notwithstanding anything to the contrary in this title or any 
     other provision of law, the Secretary shall allow a vessel on 
     which a management system is installed and operated to meet a 
     ballast water discharge standard under this title to continue 
     to use that system, notwithstanding any revision of a ballast 
     water discharge standard occurring after the management 
     system is ordered or installed until the expiration of the 
     service life of the management system, as determined by the 
     Secretary, if the management system--
       (1) is maintained in proper working condition, as 
     determined by the Secretary; and
       (2) continues to meet the discharge standard in effect at 
     the time of installation.
       (e) Certificates of Type Approval for the Treatment 
     Technology.--
       (1) Issuance.--If the Secretary approves a ballast water 
     management system for certification under subsection (b), the 
     Secretary shall issue a certificate of type approval for the 
     management system to the manufacturer in such form and manner 
     as the Secretary determines appropriate.
       (2) Certification conditions.--A certificate of type 
     approval issued under paragraph (1) shall specify each 
     condition imposed by the Secretary under subsection (c).
       (3) Owners and operators.--A manufacturer that receives a 
     certificate of type approval for the management system under 
     this subsection shall provide a copy of the certificate to 
     each owner and operator of a vessel on which the management 
     system is installed.
       (f) Inspections.--An owner or operator who receives a copy 
     of a certificate under subsection (e)(3) shall retain a copy 
     of the certificate onboard the vessel and make the copy of 
     the certificate available for inspection at all times while 
     the owner or operator is utilizing the management system.
       (g) Biocides.--The Secretary may not approve a ballast 
     water management system under subsection (b) if--
       (1) it uses a biocide or generates a biocide that is a 
     pesticide, as defined in section 2 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), 
     unless the biocide is registered under that Act or the 
     Secretary, in consultation with Administrator, has approved 
     the use of the biocide in such management system; or
       (2) it uses or generates a biocide the discharge of which 
     causes or contributes to a violation of a water quality 
     standard under section 303 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1313).
       (h) Prohibition.--
       (1) In general.--Except as provided in paragraph (2), the 
     use of a ballast water management system by an owner or 
     operator of a vessel shall not satisfy the requirements of 
     this title unless it has been approved by the Secretary under 
     subsection (b).
       (2) Exceptions.--
       (A) Coast guard shipboard technology evaluation program.--
     An owner or operator may use a ballast water management 
     system that has not been certified by the Secretary to comply 
     with the requirements of this section if the technology is 
     being evaluated under the Coast Guard Shipboard Technology 
     Evaluation Program.
       (B) Ballast water management systems certified by foreign 
     entities.--An owner or operator may use a ballast water 
     management system that has not been certified by the 
     Secretary to comply with the requirements of this section if 
     the management system has been certified by a foreign entity 
     and the certification demonstrates performance and safety of 
     the management system equivalent to the requirements of this 
     section, as determined by the Secretary.
       (i) Testing Protocols.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary, in 
     consultation with the Administrator, shall issue requirements 
     for land-based and shipboard testing protocols or criteria 
     for--
       (1) certifying the performance of each ballast water 
     management system under this section; and
       (2) certifying laboratories to evaluate such treatment 
     technologies.

     SEC. _07. EXEMPTIONS.

       (a) In General.--No permit shall be required or prohibition 
     enforced under any other provision of law for, nor shall any 
     standards regarding a discharge incidental to the normal 
     operation of a vessel under this title apply to--
       (1) a discharge incidental to the normal operation of a 
     vessel if the vessel is less than 79 feet in length and 
     engaged in commercial service (as such term is defined in 
     section 2101 of title 46, United States Code);
       (2) a discharge incidental to the normal operation of a 
     vessel if the vessel is a fishing vessel, including a fish 
     processing vessel and a fish tender vessel (as such term is 
     defined in section 2101 of title 46, United States Code);
       (3) a discharge incidental to the normal operation of a 
     vessel if the vessel is a recreational vessel (as defined in 
     section 2101 of title 46, United States Code);
       (4) the placement, release, or discharge of equipment, 
     devices, or other material from a vessel for the sole purpose 
     of conducting research on the aquatic environment or its 
     natural resources in accordance with generally recognized 
     scientific methods, principles, or techniques;
       (5) any discharge into navigable waters from a vessel 
     authorized by an on-scene coordinator in accordance with part 
     300 of title 40, Code of Federal Regulations, or part 153 of 
     title 33, Code of Federal Regulations;
       (6) any discharge into navigable waters from a vessel that 
     is necessary to secure the safety of the vessel or human 
     life, or to suppress a fire onboard the vessel or at a 
     shoreside facility; or
       (7) a vessel of the armed forces of a foreign nation when 
     engaged in noncommercial service.
       (b) Ballast Water Discharges.--No permit shall be required 
     or prohibition enforced under any other provision of law for, 
     nor shall any ballast water discharge standard under this 
     title apply to--
       (1) a ballast water discharge incidental to the normal 
     operation of a vessel determined by the Secretary to--
       (A) operate exclusively within a geographically limited 
     area;
       (B) take up and discharge ballast water exclusively within 
     1 Captain of the Port Zone established by the Coast Guard 
     unless the Secretary determines such discharge poses a 
     substantial risk of introduction or establishment of an 
     aquatic nuisance species;
       (C) operate pursuant to a geographic restriction issued as 
     a condition under section 3309 of title 46, United States 
     Code, or an equivalent restriction issued by the country of 
     registration of the vessel; or
       (D) continuously take on and discharge ballast water in a 
     flow-through system that does not introduce aquatic nuisance 
     species into navigable waters;
       (2) a ballast water discharge incidental to the normal 
     operation of a vessel consisting entirely of water suitable 
     for human consumption; or
       (3) a ballast water discharge incidental to the normal 
     operation of a vessel in an alternative compliance program 
     established pursuant to section _08.
       (c) Vessels With Permanent Ballast Water.--No permit shall 
     be required or prohibition enforced under any other provision 
     of law for, nor shall any ballast water performance standard 
     under this title apply to, a vessel that carries all of its 
     permanent ballast water in sealed tanks that are not subject 
     to discharge.
       (d) Vessels of the Armed Forces.--Nothing in this title may 
     be construed to apply to--
       (1) a vessel owned or operated by the Department of Defense 
     (other than a time-chartered or voyage-chartered vessel); or
       (2) a vessel of the Coast Guard, as designated by the 
     Secretary of the department in which the Coast Guard is 
     operating.

     SEC. _08. ALTERNATIVE COMPLIANCE PROGRAM.

       (a) In General.--The Secretary, in consultation with the 
     Administrator, may promulgate regulations establishing 1 or 
     more compliance programs as an alternative to ballast water 
     management regulations issued under section _05 for a vessel 
     that--
       (1) has a maximum ballast water capacity of less than 8 
     cubic meters; or
       (2) is less than 3 years from the end of the useful life of 
     the vessel, as determined by the Secretary.
       (b) Rulemaking.--
       (1) Facility standards.--Not later than 1 year after the 
     date of the enactment of this Act, the Administrator, in 
     consultation with the Secretary, shall promulgate standards 
     for--
       (A) the reception of ballast water from a vessel into a 
     reception facility; and
       (B) the disposal or treatment of the ballast water under 
     paragraph (1).
       (2) Transfer standards.--The Secretary, in consultation 
     with the Administrator, is

[[Page S3465]]

     authorized to promulgate standards for the arrangements 
     necessary on a vessel to transfer ballast water to a 
     facility.

     SEC. _09. JUDICIAL REVIEW.

       (a) In General.--An interested person may file a petition 
     for review of a final regulation promulgated under this title 
     in the United States Court of Appeals for the District of 
     Columbia Circuit.
       (b) Deadline.--A petition shall be filed not later than 120 
     days after the date that notice of the promulgation appears 
     in the Federal Register.
       (c) Exception.--Notwithstanding subsection (b), a petition 
     that is based solely on grounds that arise after the deadline 
     to file a petition under subsection (b) has passed may be 
     filed not later than 120 days after the date that the grounds 
     first arise.

     SEC. _10. EFFECT ON STATE AUTHORITY.

       (a) In General.--No State or political subdivision thereof 
     may adopt or enforce any statute or regulation of the State 
     or political subdivision with respect to a discharge 
     incidental to the normal operation of a vessel after the date 
     of enactment of this Act.
       (b) Savings Clause.--Notwithstanding subsection (a), the 
     Governor of a State may petition the Secretary to adopt a 
     national ballast water discharge standard that is more 
     stringent than the ballast water performance standard under 
     section __05(a)(1)(A) upon a showing that--
       (1) compliance with the proposed ballast water discharge 
     standard can in fact be achieved and detected by a ballast 
     water management system that is economically achievable and 
     operationally practicable;
       (2) the proposed ballast water discharge standard is 
     consistent with obligations under relevant international 
     treaties or agreements to which the United States is a party; 
     and
       (3) any other factors that the Secretary, in consultation 
     with the Administrator, deems relevant.
       (c) Petition Process.--
       (1) Submission.--The Governor of a State shall submit a 
     petition to the Secretary requesting the Secretary to review 
     the statute or regulation.
       (2) Contents; timing.--A petition submitted under paragraph 
     (1) shall be accompanied by the scientific and technical 
     information on which the petition is based.
       (3) Determinations.--The Secretary shall make a 
     determination on a petition under this subsection not later 
     than 90 days after the date that the Secretary determines 
     that a complete petition has been received.

     SEC. _11. APPLICATION WITH OTHER STATUTES.

       (a) Exclusive Statutory Authority.--Except as otherwise 
     provided in this section and notwithstanding any other 
     provision of law, this title shall be the exclusive statutory 
     authority for regulation by the Federal Government of 
     discharges incidental to the normal operation of a vessel to 
     which this title applies.
       (b) Effect of Existing Regulations.--Except as provided 
     under section _05(a)(1)(A), any regulation in effect on the 
     date immediately preceding the effective date of this Act 
     relating to any permitting requirement for or prohibition on 
     discharges incidental to the normal operation of a vessel to 
     which this title applies--
       (1) shall be deemed to be a regulation issued pursuant to 
     the authority of this title; and
       (2) shall remain in full force and effect unless or until 
     superseded by new regulations issued under this title.
       (c) Act to Prevent Pollution From Ships.--The Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) shall 
     be the exclusive statutory authority for the regulation by 
     the Federal Government of any discharge or emission that is 
     covered under the International Convention for the Prevention 
     of Pollution from Ships, 1973, as modified by the Protocol of 
     1978, done at London February 17, 1978. Nothing in this title 
     may be construed to alter or amend such Act or any regulation 
     issued pursuant to the authority of such Act.
       (d) Title X of the Coast Guard and Maritime Transportation 
     Act of 2010.--Title X of the Coast Guard and Maritime 
     Transportation Act of 2010 (33 U.S.C. 3801 et seq.) shall be 
     the exclusive statutory authority for the regulation by the 
     Federal Government of any anti-fouling system that is covered 
     under the International Convention on the Control of Harmful 
     Anti-Fouling Systems on Ships, 2001. Nothing in this title 
     may be construed to alter or amend such title X or any 
     regulation issued pursuant to the authority under such title.

     SEC. _12. RELATIONSHIP TO OTHER LAWS.

       Section 1205 of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4725) is 
     amended--
       (1) by striking ``All actions'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     all actions''; and
       (2) by adding at the end the following:
       ``(b) Vessel Incidental Discharges.--Notwithstanding 
     subsection (a), the Vessel Incidental Discharge Act shall be 
     the exclusive statutory authority for the regulation by the 
     Federal Government of discharges incidental to the normal 
     operation of a vessel.''.

     SEC. _13. SAVINGS PROVISION.

       Any action taken by the Federal Government under this Act 
     shall be in full compliance with its obligations under 
     applicable provisions of international law.
                                 ______
                                 
  SA 4437. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1097. RECONSIDERATION OF CLAIMS FOR DISABILITY 
                   COMPENSATION FOR VETERANS WHO WERE THE SUBJECTS 
                   OF MUSTARD GAS OR LEWISITE EXPERIMENTS DURING 
                   WORLD WAR II.

       (a) Reconsideration of Claims for Disability Compensation 
     in Connection With Exposure to Mustard Gas or Lewisite.--
       (1) In general.--The Secretary of Veterans Affairs, in 
     consultation with the Secretary of Defense, shall reconsider 
     all claims for compensation described in paragraph (2) and 
     make a new determination regarding each such claim.
       (2) Claims for compensation described.--Claims for 
     compensation described in this paragraph are claims for 
     compensation under chapter 11 of title 38, United States 
     Code, that the Secretary of Veterans Affairs determines are 
     in connection with exposure to mustard gas or lewisite during 
     active military, naval, or air service during World War II 
     and that were denied before the date of the enactment of this 
     Act.
       (3) Presumption of exposure.--In carrying out paragraph 
     (1), if the Secretary of Veterans Affairs or the Secretary of 
     Defense makes a determination regarding whether a veteran 
     experienced full-body exposure to mustard gas or lewisite, 
     such Secretary--
       (A) shall presume that the veteran experienced full-body 
     exposure to mustard gas or lewisite, as the case may be, 
     unless proven otherwise; and
       (B) may not use information contained in the DoD and VA 
     Chemical Biological Warfare Database or any list of known 
     testing sites for mustard gas or lewisite maintained by the 
     Department of Veterans Affairs or the Department of Defense 
     as the sole reason for determining that the veteran did not 
     experience full-body exposure to mustard gas or lewisite.
       (4) Report.--Not later than 90 days after the date of the 
     enactment of this Act, and not less frequently than once 
     every 90 days thereafter, the Secretary of Veterans Affairs 
     shall submit to the appropriate committees of Congress a 
     report specifying any claims reconsidered under paragraph (1) 
     that were denied during the 90-day period preceding the 
     submittal of the report, including the rationale for each 
     such denial.
       (b) Development of Policy.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Veterans Affairs and the Secretary of Defense shall jointly 
     establish a policy for processing future claims for 
     compensation under chapter 11 of title 38, United States 
     Code, that the Secretary of Veterans Affairs determines are 
     in connection with exposure to mustard gas or lewisite during 
     active military, naval, or air service during World War II.
       (c) Investigation and Report by Secretary of Defense.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Defense shall--
       (1) for purposes of determining whether a site should be 
     added to the list of the Department of Defense of sites where 
     mustard gas or lewisite testing occurred, investigate and 
     assess sites where--
       (A) the Army Corps of Engineers has uncovered evidence of 
     mustard gas or lewisite testing; or
       (B) more than two veterans have submitted claims for 
     compensation under chapter 11 of title 38, United States 
     Code, in connection with exposure to mustard gas or lewisite 
     at such site and such claims were denied; and
       (2) submit to the appropriate committees of Congress a 
     report on experiments conducted by the Department of Defense 
     during World War II to assess the effects of mustard gas and 
     lewisite on people, which shall include--
       (A) a list of each location where such an experiment 
     occurred, including locations investigated and assessed under 
     paragraph (1);
       (B) the dates of each such experiment; and
       (C) the number of members of the Armed Forces who were 
     exposed to mustard gas or lewisite in each such experiment.
       (d) Investigation and Report by Secretary of Veterans 
     Affairs.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall--
       (1) investigate and assess--
       (A) the actions taken by the Secretary to reach out to 
     individuals who had been exposed to mustard gas or lewisite 
     in the experiments described in subsection (c)(2)(A); and
       (B) the claims for disability compensation under laws 
     administered by the Secretary that were filed with the 
     Secretary and the percentage of such claims that were denied 
     by the Secretary; and
       (2) submit to the appropriate committees of Congress--
       (A) a report on the findings of the Secretary with respect 
     to the investigations and assessments carried out under 
     paragraph (1); and

[[Page S3466]]

       (B) a comprehensive list of each location where an 
     experiment described in subsection (c)(2)(A) was conducted.
       (e) Definitions.--In this section:
       (1) The terms ``active military, naval, or air service'', 
     ``veteran'', and ``World War II'' have the meanings given 
     such terms in section 101 of title 38, United States Code.
       (2) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Veterans' Affairs, the Committee on 
     Armed Services, and the Special Committee on Aging of the 
     Senate; and
       (B) the Committee on Veterans' Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (3) The term ``full-body exposure'', with respect to 
     mustard gas or lewisite, has the meaning given that term by 
     the Secretary of Defense.
                                 ______
                                 
  SA 4438. Mr. SCHATZ (for himself, Mr. Brown, Ms. Mikulski, Mr. 
Inhofe, Mr. Hatch, Mr. Kaine, and Mr. Cardin) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 899C. TREATMENT OF CERTAIN PROVISIONS RELATED TO PUBLIC-
                   PRIVATE COMPETITIONS FOR CONVERSIONS OF FEDERAL 
                   EMPLOYEE FUNCTIONS TO PERFORMANCE BY 
                   CONTRACTORS AND MODIFICATION OF DATA 
                   COLLECTIONS REQUIREMENTS APPLICABLE TO 
                   CONTRACTED SERVICES.

       Section 806 (relating to public private competitions) and 
     section 820 (relating to modification of data collection 
     requirements applicable to procurement of services) shall 
     have no force or effect.
                                 ______
                                 
  SA 4439. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1277. SUNSET OF AUTHORIZATION FOR USE OF MILITARY FORCE.

       The Authorization for Use of Military Force (Public Law 
     107-40; 50 U.S.C. 1541 note) shall terminate on December 31, 
     2017.
                                 ______
                                 
  SA 4440. Mr. WYDEN (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1097. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY 
                   SELF-DETERMINATION PROGRAM.

       (a) Secure Payments for States and Counties Containing 
     Federal Land.--
       (1) Definitions.--Section 3(11) of the Secure Rural Schools 
     and Community Self-Determination Act of 2000 (16 U.S.C. 7102) 
     is amended--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C)--
       (i) by striking ``fiscal year 2012 and each fiscal year 
     thereafter'' and inserting ``each of fiscal years 2012 
     through 2015''; and
       (ii) by striking ``year.'' and inserting ``year; and''; and
       (C) by adding at the end the following:
       ``(D) for each of fiscal years 2016 through 2018, the 
     amount that is equal to the full funding amount for fiscal 
     year 2011.''.
       (2) Calculation of payments.--Section 101 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7111) is amended by striking ``2015'' each place 
     it appears in subsections (a) and (b) and inserting ``2018''.
       (3) Elections.--Section 102(b) of the Secure Rural Schools 
     and Community Self-Determination Act of 2000 (16 U.S.C. 
     7112(b)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``August 1, 2013 (or 
     as soon thereafter as the Secretary concerned determines is 
     practicable), and August 1 of each second fiscal year 
     thereafter'' and inserting ``August 1 of each fiscal year (or 
     a later date specified by the Secretary concerned for the 
     fiscal year)''; and
       (ii) by adding at the end the following:
       ``(D) Payment for fiscal years 2016 through 2018.--A county 
     election otherwise required by subparagraph (A) shall not 
     apply for fiscal years 2016 through 2018 if the county elects 
     to receive a share of the State payment or the county payment 
     in 2013.''; and
       (B) in paragraph (2)(B)--
       (i) by inserting ``or any subsequent year'' after ``2013''; 
     and
       (ii) by striking ``2015'' and inserting ``2018''.
       (4) Election as to use of balance.--Section 102(d)(1) of 
     the Secure Rural Schools and Community Self Determination Act 
     of 2000 (16 U.S.C. 7112(d)(1)) is amended--
       (A) in subparagraph (B)(ii), by striking ``not more than 7 
     percent of the total share for the eligible county of the 
     State payment or the county payment'' and inserting ``any 
     portion of the balance''; and
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Counties with major distributions.--In the case of 
     each eligible county to which $350,000 or more is distributed 
     for any fiscal year pursuant to either or both of paragraphs 
     (1)(B) and (2)(B) of subsection (a), the eligible county 
     shall elect to do 1 or more of the following with the balance 
     of any funds not expended pursuant to subparagraph (A):
       ``(i) Reserve any portion of the balance for projects in 
     accordance with title II.
       ``(ii) Reserve not more than 7 percent of the total share 
     for the eligible county of the State payment or the county 
     payment for projects in accordance with title III.
       ``(iii) Return to the Treasury of the United States the 
     portion of the balance not reserved under clauses (i) and 
     (ii).''.
       (5) Failure to elect.--Section 102(d)(3)(B)(ii) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7112(d)(3)(B)(ii)) is amended by striking 
     ``purpose described in section 202(b)'' and inserting 
     ``purposes described in section 202(b), section 203(c), or 
     section 204(a)(5)''.
       (6) Distribution of payments to eligible counties.--Section 
     103(d)(2) of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended 
     by striking ``2015'' and inserting ``2018''.
       (b) Continuation of Authority To Conduct Special Projects 
     on Federal Land.--
       (1) Pilot program.--Section 204(e) of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 7124(e)) is amended by striking paragraph (3).
       (2) Availability of project funds.--Section 207(d)(2) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7127(d)(2)) is amended by striking 
     ``subparagraph (B)'' and inserting ``subparagraph (B)(i)''.
       (3) Termination of authority.--Section 208 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7128) is amended--
       (A) in subsection (a), by striking ``2017'' and inserting 
     ``2020''; and
       (B) in subsection (b), by striking ``2018'' and inserting 
     ``2021''.
       (c) Continuation of Authority To Use County Funds.--
       (1) Funding for search and rescue.--Section 302(a) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7142(a)) is amended--
       (A) by striking paragraph (2) and inserting the following:
       ``(2) to reimburse the participating county or sheriff for 
     amounts paid for by the participating county or sheriff, as 
     applicable, for--
       ``(A) search and rescue and other emergency services, 
     including firefighting and law enforcement patrols, that are 
     performed on Federal land; and
       ``(B) emergency response vehicles or aircraft but only in 
     the amount attributable to the use of the vehicles or 
     aircraft to provide the services described in subparagraph 
     (A);'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) to cover training costs and equipment purchases 
     directly related to the emergency services described in 
     paragraph (2); and''.
       (2) Termination of authority.--Section 304 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7144) is amended--
       (A) in subsection (a), by striking ``2017'' and inserting 
     ``2020''; and
       (B) in subsection (b), by striking ``2018'' and inserting 
     ``2021''.
       (d) No Reduction in Payment.--Title IV of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 7151 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 404. NO REDUCTION IN PAYMENTS.

       ``Payments under this Act for fiscal years 2016 through 
     2018 shall be exempt from direct spending reductions under 
     section 251A of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901a).''.
       (e) Availability of Funds.--
       (1) Title ii funds.--Any funds that were not obligated by 
     September 30, 2014, as required by section 208 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7128) (as in effect on the day before the date of 
     enactment of the Medicare Access and CHIP Reauthorization Act 
     of 2015 (Public Law 114-10; 129 Stat. 87)) shall be available 
     for use in accordance with title II of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 7121 et seq.).

[[Page S3467]]

       (2) Title iii funds.--Any funds that were not obligated by 
     September 30, 2014, as required by section 304 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7144) (as in effect on the day before the date of 
     enactment of the Medicare Access and CHIP Reauthorization Act 
     of 2015 (Public Law 114-10; 129 Stat. 87)) shall be available 
     for use in accordance with title III of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 7141 et seq.).

     SEC. 1098. RESTORING MANDATORY FUNDING STATUS TO THE PAYMENT 
                   IN LIEU OF TAXES PROGRAM.

       Section 6906 of title 31, United States Code, is amended in 
     the matter preceding paragraph (1), by striking ``of fiscal 
     years 2008 through 2014'' and inserting ``fiscal year''.
                                 ______
                                 
  SA 4441. Mr. BLUMENTHAL (for himself and Mrs. Gillibrand) 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 536, insert the following:

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

       Section 1552(a) of title 10, United States Code, as amended 
     by section 536(a)(1) of this Act, is further amended--
       (1) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (2) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4)(A) The record of the votes of each board under this 
     section, and all other statements of findings, conclusions, 
     and recommendations made on final determinations of 
     applications by such board, shall be indexed and promptly 
     made available for public inspection. Any such matters after 
     November 1, 1996, shall also be available through an Internet 
     website of the Department or other electronic means.
       ``(B) Any documents made available for public inspection 
     pursuant to subparagraph (A) shall be indexed in a usable and 
     concise form so as to enable the public to identify cases 
     similar in issue together with the circumstances under or 
     reasons for which the board concerned granted or denied 
     relief. Each index shall be published quarterly, and shall be 
     available for public inspection and distribution by sale 
     through an Internet Reading Room or other Internet website of 
     the Department.
       ``(C)(i) To the extent necessary to prevent a clearly 
     unwarranted invasion of personal privacy, the following shall 
     be deleted from documents made available for public 
     inspection pursuant to subparagraph (A):
       ``(I) Identifying details of applicants and other persons.
       ``(II) Names, addresses, social security numbers, and 
     military service numbers.
       ``(III) Subject to clause (ii), other information that is 
     privileged or classified.
       ``(ii) Information that is privileged or classified may be 
     deleted pursuant to clause (i) from documents made available 
     for public inspection pursuant to subparagraph (A) only if a 
     written statement of the basis for such deletion is made 
     available for public inspection.
       ``(D) In a manner consistent with section 552a of title 5 
     (commonly referred to as the `Privacy Act of 1974'), a board 
     under this section may not disclosure to a third party any 
     information in or about an application to the board under 
     this section except pursuant to the written authorization of 
     the applicant or as otherwise authorized by law.''.
                                 ______
                                 
  SA 4442. Mr. CRUZ (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed by him to the bill S. 2943, to authorize 
appropriations for fiscal year 2017 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1097. DESIGNATION OF LIU XIAOBO PLAZA.

       (a) Designation of Plaza.--
       (1) In general.--The area between the intersections of 
     International Drive, Northwest and Van Ness Street, Northwest 
     and International Drive, Northwest and International Place, 
     Northwest in Washington, District of Columbia, shall be known 
     and designated as ``Liu Xiaobo Plaza''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the area referred to in 
     paragraph (1) shall be deemed to be a reference to Liu Xiaobo 
     Plaza.
       (b) Designation of Address.--
       (1) Designation.--The address of 3505 International Place, 
     Northwest, Washington, District of Columbia, shall be 
     redesignated as 1 Liu Xiaobo Plaza.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     address referred to in paragraph (1) shall be deemed to be a 
     reference to 1 Liu Xiaobo Plaza.
       (c) Signs.--The Administrator of General Services shall 
     construct street signs that shall--
       (1) contain the phrase ``Liu Xiaobo Plaza'';
       (2) be similar in design to the signs used by Washington, 
     District of Columbia, to designate the location of Metro 
     stations; and
       (3) be placed on--
       (A) the parcel of Federal property that is closest to 1 Liu 
     Xiaobo Plaza (as redesignated by subsection (b)); and
       (B) the street corners of International Drive, Northwest 
     and Van Ness Street, Northwest and International Drive, 
     Northwest and International Place, Northwest, Washington, 
     District of Columbia.
                                 ______
                                 
  SA 4443. Mrs. MURRAY (for herself 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:

       Strike section 3121 and insert the following:

     SEC. 3121. ROUGH ESTIMATE OF TOTAL LIFE CYCLE COST OF TANK 
                   WASTE CLEANUP AT HANFORD NUCLEAR RESERVATION.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to the congressional defense committees, including the 
     Subcommittee on Energy and Water Development of the Committee 
     on Appropriations of the Senate and the Subcommittee on 
     Energy and Water Development, and Related Agencies of the 
     Committee on Appropriations of the House of Representatives, 
     a rough estimate of the total life cycle cost of the cleanup 
     of tank waste at Hanford Nuclear Reservation, Richland, 
     Washington.
       (b) Elements.--The rough estimate of the total life cycle 
     cost required by subsection (a) shall include cost estimates 
     for the following:
       (1) The Waste Treatment and Immobilization Plant, assuming 
     a hot start occurs in 2033 and initial plant operations 
     commence in 2036.
       (2) Operations of the Waste Treatment and Immobilization 
     Plant, assuming operations continue through 2061.
       (3) Tank waste management and treatment, assuming 
     operations of the Waste Treatment and Immobilization Plant 
     continue through 2061.
       (4) Anticipated increases in the volume of waste in the 
     double shell tanks resulting from tank waste management 
     activities.
       (5) High-level waste canister temporary storage and 
     preparation for permanent disposal.
       (6) Any additional facilities, including additional 
     evaporative capacity, that may be needed to treat tank waste 
     at Hanford Nuclear Reservation.
       (c) Cost Estimating Best Practices.--To the maximum extent 
     practicable, the rough estimate of the total life cycle cost 
     required by subsection (a) shall be developed in accordance 
     with the cost estimating best practices of the Government 
     Accountability Office.
       (d) Submission of Additional Independent Cost Estimates.--
     The Secretary shall submit to the congressional defense 
     committees described in subsection (a), as part of the rough 
     estimate of the total life cycle cost required by that 
     subsection, any other independent cost estimates for the 
     Waste Treatment and Immobilization Plant or related 
     facilities conducted before the date on which the rough 
     estimate of the total life cycle cost is required to be 
     submitted under that subsection.
                                 ______
                                 
  SA 4444. Mrs. MURRAY (for herself 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:

       Strike section 3122 and insert the following:

     SEC. 3122. ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT 
                   OF LOW-ACTIVITY WASTE AT HANFORD NUCLEAR 
                   RESERVATION.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Energy shall 
     enter into an arrangement with a federally funded research 
     and development center to conduct an analysis of approaches 
     for treating the portion of low-activity waste at the Hanford 
     Nuclear Reservation, Richland, Washington, that, as of such 
     date of enactment, is intended for supplemental treatment.
       (b) Elements.--The analysis required by subsection (a) 
     shall include the following:

[[Page S3468]]

       (1) An analysis of, at a minimum, the following approaches 
     for treating the low-activity waste described in subsection 
     (a):
       (A) Further processing of the low-activity waste to remove 
     long-lived radioactive constituents, particularly technetium-
     99 and iodine-129, for immobilization with high-level waste.
       (B) Vitrification, grouting, and steam reforming, and other 
     alternative approaches identified by the Department of Energy 
     for immobilizing the low-activity waste.
       (2) An analysis of the following:
       (A) The risks of the approaches described in paragraph (1) 
     relating to treatment and final disposition.
       (B) The benefits and costs of such approaches.
       (C) Anticipated schedules for such approaches, including 
     the time needed to complete necessary construction and to 
     begin treatment operations.
       (D) The compliance of such approaches with applicable 
     technical standards associated with and contained in 
     regulations prescribed pursuant to the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act 
     (42 U.S.C. 6901 et seq.) (commonly referred to as the 
     ``Resource Conservation and Recovery Act of 1976''), the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) 
     (commonly referred to as the ``Clean Water Act''), and the 
     Clean Air Act (42 U.S.C. 7401 et seq.).
       (E) Any obstacles that would inhibit the ability of the 
     Department of Energy to pursue such approaches.
       (c) Review of Analysis.--
       (1) In general.--Concurrent with entering into an 
     arrangement with a federally funded research and development 
     center under subsection (a), the Secretary of Energy shall 
     enter into an arrangement with the National Academies of 
     Sciences, Engineering, and Medicine to conduct a review of 
     the analysis conducted by the federally funded research and 
     development center.
       (2) Method of review.--The review required by paragraph (1) 
     shall be conducted concurrent with the analysis required by 
     subsection (a), and in a manner that is parallel to that 
     analysis, so that the results of the review may be used to 
     improve the quality of the analysis.
       (3) Public review.--The review required paragraph (1) shall 
     include an opportunity for public comment, with sufficient 
     notice, to inform and improve the quality of the review.
       (d) Consultation With State.--Prior to the submission in 
     accordance with subsection (e)(2) of the analysis required by 
     subsection (a) and the review of the analysis required by 
     subsection (c), the federally funded research and development 
     center and the National Academies of Sciences, Engineering, 
     and Medicine shall provide to the State of Washington--
       (1) the analysis and review in draft form; and
       (2) an opportunity to comment on the analysis and review 
     for a period of not fewer than 60 days.
       (e) Submission to Congress.--
       (1) Briefings on progress.--Not later than 180 days after 
     the date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of Energy shall provide to the 
     congressional defense committees, including the Subcommittee 
     on Energy and Water Development of the Committee on 
     Appropriations of the Senate and the Subcommittee on Energy 
     and Water Development, and Related Agencies of the Committee 
     on Appropriations of the House of Representatives, a briefing 
     on the progress being made on the analysis required by 
     subsection (a) and the review required by subsection (c).
       (2) Completed analysis and review.--Not later than 2 years 
     after the date of the enactment of this Act, the Secretary of 
     Energy shall submit to the congressional defense committees 
     described in paragraph (1) the analysis required by 
     subsection (a), the review of the analysis required by 
     subsection (c), any comments of the State of Washington under 
     subsection (d)(2), and any comments of the Secretary of 
     Energy on the analysis or review of the analysis.
       (f) Limitations.--
       (1) Secretary of energy.--This section does not conflict 
     with or impair the obligation of the Secretary of Energy to 
     comply with any requirement of--
       (A) the amended consent decree in Washington v. Moniz, No. 
     2:08-CV-5085-RMP (E.D. Wash.); or
       (B) the Hanford Federal Facility Agreement and Consent 
     Order.
       (2) State of washington.--This section does not conflict 
     with or impair the regulatory authority of the State of 
     Washington under the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.) (commonly known as the ``Resource Conservation and 
     Recovery Act of 1976'') and any corresponding State law.
                                 ______
                                 
  SA 4445. 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 G of title V, add the following:

     SEC. 590. AWARD OF MEDALS OR OTHER COMMENDATIONS TO HANDLERS 
                   OF MILITARY WORKING DOGS AND MILITARY WORKING 
                   DOGS.

       (a) Program of Award Required.--Each Secretary of a 
     military department shall carry out a program to provide for 
     the award of one or more medals or other commendations to 
     handlers of military working dogs, and to military working 
     dogs, under the jurisdiction of such Secretary to recognize 
     valor or meritorious achievement by such handlers and dogs.
       (b) Medal and Commendations.--Any medal or commendation 
     awarded pursuant to a program under subsection (a) shall be 
     of such design, and include such elements, as the Secretary 
     of the military department concerned shall specify.
       (c) Regulations.--Medals and commendations shall be awarded 
     under programs under subsection (a) in accordance with 
     regulations prescribed by the Secretary of Defense for 
     purposes of this section.
                                 ______
                                 
  SA 4446. 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 E of title V, add the following:

     SEC. 565 PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION.

       (a) Definition.--Section 102(b) of the Higher Education Act 
     of 1965 (20 U.S.C. 1002(b)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (E), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(F) meets the requirements of paragraph (2).'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Revenue sources.--
       ``(A) In general.--In order to qualify as a proprietary 
     institution of higher education under this subsection, an 
     institution shall derive not less than 15 percent of the 
     institution's revenues from sources other than Federal funds, 
     as calculated in accordance with subparagraphs (B) and (C).
       ``(B) Federal funds.--In this paragraph, the term `Federal 
     funds' means any Federal financial assistance provided, under 
     this Act or any other Federal law, through a grant, contract, 
     subsidy, loan, guarantee, insurance, or other means to a 
     proprietary institution, including Federal financial 
     assistance that is disbursed or delivered to an institution 
     or on behalf of a student or to a student to be used to 
     attend the institution, except that such term shall not 
     include any monthly housing stipend provided under the Post-
     9/11 Veterans Educational Assistance Program under chapter 33 
     of title 38, United States Code.
       ``(C) Implementation of non-federal revenue requirement.--
     In making calculations under subparagraph (A), an institution 
     of higher education shall--
       ``(i) use the cash basis of accounting;
       ``(ii) consider as revenue only those funds generated by 
     the institution from--

       ``(I) tuition, fees, and other institutional charges for 
     students enrolled in programs eligible for assistance under 
     title IV;
       ``(II) activities conducted by the institution that are 
     necessary for the education and training of the institution's 
     students, if such activities are--

       ``(aa) conducted on campus or at a facility under the 
     control of the institution;
       ``(bb) performed under the supervision of a member of the 
     institution's faculty; and
       ``(cc) required to be performed by all students in a 
     specific educational program at the institution; and

       ``(III) a contractual arrangement with a Federal agency for 
     the purpose of providing job training to low-income 
     individuals who are in need of such training;

       ``(iii) presume that any Federal funds that are disbursed 
     or delivered to an institution on behalf of a student or 
     directly to a student will be used to pay the student's 
     tuition, fees, or other institutional charges, regardless of 
     whether the institution credits such funds to the student's 
     account or pays such funds directly to the student, except to 
     the extent that the student's tuition, fees, or other 
     institutional charges are satisfied by--

       ``(I) grant funds provided by an outside source that--

       ``(aa) has no affiliation with the institution; and
       ``(bb) shares no employees with the institution; and

       ``(II) institutional scholarships described in clause (v);

       ``(iv) include no loans made by an institution of higher 
     education as revenue to the school, except for payments made 
     by students on such loans;

[[Page S3469]]

       ``(v) include a scholarship provided by the institution--

       ``(I) only if the scholarship is in the form of monetary 
     aid based upon the academic achievements or financial need of 
     students, disbursed to qualified student recipients during 
     each fiscal year from an established restricted account; and
       ``(II) only to the extent that funds in that account 
     represent designated funds, or income earned on such funds, 
     from an outside source that--

       ``(aa) has no affiliation with the institution; and
       ``(bb) shares no employees with the institution; and
       ``(vi) exclude from revenues--

       ``(I) the amount of funds the institution received under 
     part C of title IV, unless the institution used those funds 
     to pay a student's institutional charges;
       ``(II) the amount of funds the institution received under 
     subpart 4 of part A of title IV;
       ``(III) the amount of funds provided by the institution as 
     matching funds for any Federal program;
       ``(IV) the amount of Federal funds provided to the 
     institution to pay institutional charges for a student that 
     were refunded or returned; and
       ``(V) the amount charged for books, supplies, and 
     equipment, unless the institution includes that amount as 
     tuition, fees, or other institutional charges.

       ``(D) Report to congress.--Not later than July 1, 2016, and 
     by July 1 of each succeeding year, the Secretary shall submit 
     to the authorizing committees a report that contains, for 
     each proprietary institution of higher education that 
     receives assistance under title IV and as provided in the 
     audited financial statements submitted to the Secretary by 
     each institution pursuant to the requirements of section 
     487(c)--
       ``(i) the amount and percentage of such institution's 
     revenues received from Federal funds; and
       ``(ii) the amount and percentage of such institution's 
     revenues received from other sources.''.
       (b) Program Participation Agreements.--Section 487 of the 
     Higher Education Act of 1965 (20 U.S.C. 1094) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (24);
       (B) by redesignating paragraphs (25) through (29) as 
     paragraphs (24) through (28), respectively;
       (C) in paragraph (24)(A)(ii) (as redesignated by 
     subparagraph (B)), by striking ``subsection (e)'' and 
     inserting ``subsection (d)''; and
       (D) in paragraph (26) (as redesignated by subparagraph 
     (B)), by striking ``subsection (h)'' and inserting 
     ``subsection (g)'';
       (2) by striking subsection (d);
       (3) by redesignating subsections (e) through (j) as 
     subsections (d) through (i), respectively;
       (4) in subsection (f)(1) (as redesignated by paragraph 
     (3)), by striking ``subsection (e)(2)'' and inserting 
     ``subsection (d)(2)''; and
       (5) in subsection (g)(1) (as redesignated by paragraph 
     (3)), by striking ``subsection (a)(27)'' in the matter 
     preceding subparagraph (A) and inserting ``subsection 
     (a)(26)''.
       (c) Conforming Amendments.--The Higher Education Act of 
     1965 (20 U.S.C. 1001 et seq.) is amended--
       (1) in section 152 (20 U.S.C. 1019a)--
       (A) in subsection (a)(1)(A), by striking ``subsections 
     (a)(27) and (h) of section 487'' and inserting ``subsections 
     (a)(26) and (g) of section 487''; and
       (B) in subsection (b)(1)(B)(i)(I), by striking ``section 
     487(e)'' and inserting ``section 487(d)'';
       (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), by 
     striking ``section 487(a)(25)'' each place the term appears 
     and inserting ``section 487(a)(24)'';
       (3) in section 496(c)(3)(A) (20 U.S.C. 1099b(c)(3)(A)), by 
     striking ``section 487(f)'' and inserting ``section 487(e)''; 
     and
       (4) in section 498(k)(1) (20 U.S.C. 1099c(k)(1)), by 
     striking ``section 487(f)'' and inserting ``section 487(e)''.
                                 ______
                                 
  SA 4447. Mr. CRUZ (for himself, Mr. Grassley, and Mr. Lee) submitted 
an amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1097. CONSEQUENCES FOR SUPPORTING TERRORISM.

       (a) Short Title.--This section may be cited as the 
     ``Expatriate Terrorist Act''.
       (b) Loss of Nationality Due to Support of Terrorism.--
     Section 349(a) of the Immigration and Nationality Act (8 
     U.S.C. 1481(a)) is amended to read as follows:
       ``(a) In General.--A person who is a national of the United 
     States whether by birth or naturalization, shall lose his or 
     her nationality by voluntarily performing any of the 
     following acts with the intention of relinquishing United 
     States nationality:
       ``(1) Obtaining naturalization in a foreign state upon his 
     or her own application or upon an application filed by a duly 
     authorized agent, after having attained 18 years of age.
       ``(2) Taking an oath or making an affirmation or other 
     formal declaration of allegiance to a foreign state, a 
     political subdivision thereof, or a foreign terrorist 
     organization designated under section 219, after having 
     attained 18 years of age.
       ``(3) Entering, or serving in, the armed forces of a 
     foreign state or a foreign terrorist organization designated 
     under section 219 if--
       ``(A) such armed forces are engaged in hostilities against 
     the United States; or
       ``(B) such persons serve as a commissioned or 
     noncommissioned officer.
       ``(4) Accepting, serving in, or performing the duties of 
     any office, post, or employment under the government of a 
     foreign state, a political subdivision thereof, or a foreign 
     terrorist organization designated under section 219 if, after 
     having attained 18 years of age--
       ``(A) the person knowingly has or acquires the nationality 
     of such foreign state; or
       ``(B) an oath, affirmation, or declaration of allegiance to 
     the foreign state, a political subdivision thereof, or a 
     designated foreign terrorist organization is required for 
     such office, post, or employment.
       ``(5) Making a formal renunciation of United States 
     nationality before a diplomatic or consular officer of the 
     United States in a foreign state, in such form as may be 
     prescribed by the Secretary of State.
       ``(6) Making in the United States a formal written 
     renunciation of nationality in such form as may be prescribed 
     by, and before such officer as may be designated by, the 
     Attorney General, whenever the United States shall be in a 
     state of war and the Attorney General shall approve such 
     renunciation as not contrary to the interests of national 
     defense.
       ``(7)(A) Committing any act of treason against, or 
     attempting by force to overthrow, or bearing arms against, 
     the United States;
       ``(B) violating or conspiring to violate any of the 
     provisions of section 2383 of title 18, United States Code;
       ``(C) willfully performing any act in violation of section 
     2385 of title 18, United States Code; or
       ``(D) violating section 2384 of such title by engaging in a 
     conspiracy to overthrow, put down, or to destroy by force the 
     Government of the United States, or to levy war against them,
     if and when such person is convicted thereof by a court 
     martial or by a court of competent jurisdiction.
       ``(8) Knowingly providing material support or resources (as 
     defined in section 2339A(b) of title 18, United States Code) 
     to any foreign terrorist organization designated under 
     section 219 if such person knows that such organization is 
     engaged in hostilities against the United States.''.
       (c) Revocation or Denial of Passports and Passport Cards to 
     Individuals Who Are Members of Foreign Terrorist 
     Organizations.--The Act entitled ``An Act to regulate the 
     issue and validity of passports, and for other purposes'', 
     approved July 3, 1926 (22 U.S.C. 211a et seq.), which is 
     commonly known as the ``Passport Act of 1926'', is amended by 
     adding at the end the following:

     ``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT 
                   CARD.

       ``(a) Ineligibility.--
       ``(1) Issuance.--The Secretary of State shall not issue a 
     passport or passport card to any individual whom the 
     Secretary has determined, by a preponderance of the 
     evidence--
       ``(A) is serving in, or is attempting to serve in, an 
     organization designated by the Secretary as a foreign 
     terrorist organization pursuant to section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189); and
       ``(B) is a threat to the national security interest of the 
     United States.
       ``(2) Revocation.--The Secretary of State shall revoke a 
     passport or passport card previously issued to any individual 
     described in paragraph (1).
       ``(b) Right of Review.--Any person who, in accordance with 
     this section, is denied issuance of a passport or passport 
     card by the Secretary of State, or whose passport or passport 
     card is revoked or otherwise restricted by the Secretary of 
     State, may request a due process hearing, under regulations 
     prescribed by the Secretary, not later than 60 days after 
     receiving such notice of the nonissuance, revocation, or 
     restriction.
       ``(c) National Security Waiver.--Notwithstanding subsection 
     (a), the Secretary may--
       ``(1) issue a passport or passport card to an individual 
     described in subsection (a)(1); or
       ``(2) refuse to revoke a passport or passport card of an 
     individual described in subsection (a)(1), if the Secretary 
     finds that such issuance or refusal to revoke is in the 
     national security interest of the United States.''.
       (d) Conforming Amendment.--Section 351(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1483(b)) is amended 
     by striking ``(3) and (5)'' and inserting ``(3), (5), and 
     (8)''.

                          ____________________