[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[Senate]
[Pages S3547-S3596]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4448. Mr. LEE (for himself, Mrs. Feinstein, Mr. Paul, Mr. Udall, 
Mr. Cruz, Ms. Collins, 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 D of title X, add the following:

     SEC. 1031. PROHIBITION ON THE INDEFINITE DETENTION OF 
                   CITIZENS AND LAWFUL PERMANENT RESIDENTS.

       Section 4001 of title 18, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) No citizen or lawful permanent resident of the United 
     States shall be imprisoned or otherwise detained by the 
     United States except consistent with the Constitution and 
     pursuant to an Act of Congress that expressly authorizes such 
     imprisonment or detention.'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b)(1) A general authorization to use military force, a 
     declaration of war, or any similar authority, on its own, 
     shall not be construed to authorize the imprisonment or 
     detention without charge or trial of a citizen or lawful 
     permanent resident of the United States apprehended in the 
     United States.
       ``(2) Paragraph (1) applies to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2017.
       ``(3) This section shall not be construed to authorize the 
     imprisonment or detention of a citizen of the United States, 
     a lawful permanent resident of the United States, or any 
     other person who is apprehended in the United States.''.
                                 ______
                                 
  SA 4449. Mr. BARRASSO (for himself and Mr. Enzi) 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. AUTHORITY FOR AGREEMENTS TO REIMBURSE STATES FOR 
                   COSTS OF SUPPRESSING WILDFIRES ON STATE LANDS 
                   CAUSED BY DEPARTMENT OF DEFENSE ACTIVITIES 
                   UNDER LEASES AND OTHER GRANTS OF ACCESS TO 
                   STATE LANDS.

       Section 2691 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) The Secretary of Defense may, in any lease, permit, 
     license, or other grant of access for use of lands owned by a 
     State, agree to reimburse the State for the reasonable costs 
     of the State in suppressing wildland fires caused by the 
     activities of the Department of Defense under such lease, 
     permit, license, or other grant of access.''.
                                 ______
                                 
  SA 4450. Mr. SULLIVAN 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 1241, insert the following:

[[Page S3548]]

  


     SEC. 1241A. UNITED STATES POLICY WITH RESPECT TO FREEDOM OF 
                   NAVIGATION OPERATIONS IN INTERNATIONAL WATERS 
                   AND AIRSPACE.

       (a) Findings.--Congress makes the following findings:
       (1) Since the Declaration of Independence in 1776, which 
     was inspired in part as a response to a ``tyrant'' who 
     ``plundered our seas, ravaged our Coasts'' and who wrote laws 
     ``for cutting off our Trade with all parts of the world'', 
     freedom of seas and promotion of international commerce have 
     been core security interests of the United States.
       (2) Article I, section 8 of the Constitution of the United 
     States establishes enumerated powers for Congress which 
     include regulating commerce with foreign nations, punishing 
     piracies and felonies committed on the high seas and offenses 
     against the law of nations, and providing and maintaining a 
     Navy.
       (3) For centuries, the United States has maintained a 
     bedrock commitment to ensuring the right to freedom of 
     navigation for all law-abiding parties in every region of the 
     world.
       (4) In support of international law, the longstanding 
     United States commitment to freedom of navigation and 
     ensuring the free access to sea lanes to promote global 
     commerce remains a core security interest of the United 
     States.
       (5) This is particularly true in areas of the world that 
     are critical transportation corridors and key routes for 
     global commerce, such as the South China Sea and the East 
     China Sea, through which a significant portion of global 
     commerce transits.
       (6) The consistent exercise of freedom of navigation 
     operations and overflights by United States naval and air 
     forces throughout the world plays a critical role in 
     safeguarding the freedom of the seas for all lawful nations, 
     supporting international law, and ensuring the continued safe 
     passage and promotion of global commerce and trade.
       (b) Declaration of Policy.--It is the policy of the United 
     States to fly, sail, and operate throughout the oceans, seas, 
     and airspace of the world wherever international law allows.
       (c) Implementation of Policy.--
       (1) In general.--In furtherance of the policy set forth in 
     subsection (b), the Secretary of Defense shall--
       (A) plan and execute a robust series of routine and regular 
     freedom of navigation operations (FONOPs) throughout the 
     world, with a particular emphasis on critical transportation 
     corridors and key routes for global commerce (such as the 
     South China Sea and the East China Sea);
       (B) execute, in such critical transportation corridors, 
     routine and regular maritime freedom of navigation operations 
     throughout the year;
       (C) in addition to the operations executed pursuant to 
     subparagraph (B), execute routine and regular maritime 
     freedom of navigation operations throughout the year, in 
     accordance with international law, including the use of 
     expanded military options and maneuvers beyond innocent 
     passage (including fire-control radars, small boat launches, 
     and helicopter patrols);
       (D) to the maximum extent practicable, execute freedom of 
     navigation operations pursuant to this subsection with 
     regional partner countries and allies of the United States; 
     and
       (E) when necessary, execute other routine and regular 
     freedom of navigation operations to challenge maritime and 
     airspace claims by other countries that are not consistent 
     with international law.
       (2) Waiver.--The Secretary may waive a requirement in 
     paragraph (1) to execute a freedom of navigation operation 
     otherwise specified by that paragraph if the Secretary 
     certifies to the congressional defense committees in writing 
     that the waiver is in the national security interests of the 
     United States and includes with such certification a 
     justification for the waiver.
       (d) Annual Reports.--
       (1) In general.--Not later then June 30 each year, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the freedom of navigation 
     operations executed pursuant to subsection (c) during the 
     preceding calendar year.
       (2) Elements.--Each report under this subsection shall 
     include, for the calendar year covered by such report, the 
     following:
       (A) A list of each freedom of navigation operation 
     executed.
       (B) A description of each such operation, including--
       (i) the location of the operation;
       (ii) the type of claim challenged by the operation;
       (iii) the specific military operations conducted during the 
     operation; and
       (iv) each partner country or ally, if any, included in the 
     operation.
                                 ______
                                 
  SA 4451. 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:

       After section 216, insert the following:

     SEC. 216A. HIGH ENERGY LASER SYSTEMS TEST FACILITY.

       (a) Findings.--Congress makes the following findings:
       (1) The High Energy Laser Systems Test Facility (HELSTF) 
     was chartered to be the primary test and evaluation facility 
     for high energy laser systems throughout the Department of 
     Defense and the Armed Forces, thus ensuring efficient, 
     effective, and more affordable testing and evaluation of high 
     energy lasers for the United States.
       (2) Research, development, test, and evaluation on high 
     energy lasers is critical to achieving the Third Offset 
     Strategy of the Department, and workloads related to laser 
     testing are increasing.
       (3) Due to insufficient funding, the High Energy Laser 
     Systems Test Facility is unable to accommodate the test and 
     evaluation demanded of it by the Armed Forces.
       (b) Independent Evaluation.--
       (1) In general.--The Secretary of Defense shall enter into 
     an agreement with an independent entity to conduct an 
     evaluation and assessment of options to provide financial 
     resources for the High Energy Laser Systems Test Facility in 
     accordance with the recommendations in the 2009 report of the 
     Test Resource Management Center and High Energy Laser Joint 
     Program Office entitled ``Impact Report to Congress on High 
     Energy Laser Systems Test Facility (HELSTF) and Plan for Test 
     and Evaluation of High Energy Laser Systems'', and other 
     relevant reports, including--
       (A) the transfer of management of the Facility to the Joint 
     Directed Energy Program Office (JDEPO), as redesignated by 
     section 216(b); and
       (B) modifications of funding for the Joint Directed Energy 
     Program Office in order to provide adequate financial 
     resources for the Facility.
       (2) Report.--Under the agreement entered into pursuant to 
     paragraph (1), the entity conducting the evaluation and 
     assessment required pursuant to that paragraph shall, by not 
     later than January 31, 2017, submit to the Secretary, and to 
     the congressional defense committees, a report setting forth 
     the results of the evaluation and assessment, including such 
     recommendations for legislative and administrative action 
     with respect to the financial resources and organization of 
     the High Energy Laser Systems Test Facility as the entity 
     considers appropriate.
                                 ______
                                 
  SA 4452. Mr. HEINRICH (for himself, Mr. Heller, and Mr. Udall) 
submitted an amendment intended to be proposed by him to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 1046 and replace with the following:

     SEC. 1046. INDEPENDENT STUDY ON OPERATION OF REMOTELY PILOTED 
                   AIRCRAFT BY ENLISTED AIR FORCE PERSONNEL.

       (a) Independent Study.--
       (1) In general.--The Secretary of the Air Force shall 
     obtain an independent review and assessment of officer and 
     enlisted pilots and crews in the remotely piloted aircraft 
     (RPA) enterprise that determines the following:
       (A) The appropriate future balance of officer and enlisted 
     pilots and crews in the remotely piloted aircraft enterprise.
       (B) Any potential impacts on the future structure of the 
     Air Force of incorporating enlisted personnel into the 
     piloting of remotely piloted aircraft.
       (2) Considerations in determining balance.--The balance 
     determined pursuant to the study shall be determined taking 
     into account relevant portions of the defense strategy, 
     critical assumptions, priorities, force-sizing constructs, 
     and costs.
       (b) Report.--Not later than April 14, 2017, the Secretary 
     shall submit to the congressional defense committees a 
     comprehensive report on the results of the study required by 
     subsection (a), including the following:
       (1) A detailed discussion of the specific assumptions, 
     observations, conclusions, and recommendations of the study.
       (2) A detailed description of the modeling and analysis 
     techniques used for the study.
                                 ______
                                 
  SA 4453. 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 H of title V, add the following:

     SEC. 597. SPECIAL EXPERIENCE INDICATOR FOR AIR FORCE 
                   COMMUNICATIONS MAINTENANCE PERSONNEL WHO 
                   MAINTAIN REMOTELY PILOTED AIRCRAFT GROUND 
                   CONTROL STATIONS.

       (a) Establishment Required.--Not later than February 1, 
     2017, the Secretary of the Air Force shall establish a 
     Special Experience Indicator (SEI) for Air Force 
     communications maintenance personnel who maintain remotely 
     piloted aircraft ground control stations (GCS).

[[Page S3549]]

       (b) Assignment to Current Personnel.--The Secretary shall 
     complete the assignment of the Special Experience Indicator 
     established pursuant to subsection (a) to all current 
     personnel of the Air Force who merit the assignment of the 
     Special Experience Indicator by not later than September 1, 
     2017.
                                 ______
                                 
  SA 4454. Mr. HEINRICH submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1123 and insert the following:

     SEC. 1123. DIRECT HIRE AUTHORITY FOR SCIENTIFIC, ENGINEERING, 
                   AND OTHER POSITIONS FOR TEST AND EVALUATION 
                   FACILITIES OF THE MAJOR RANGE AND TEST FACILITY 
                   BASE.

       (a) In General.--The Secretary of Defense may, acting 
     through the Director of Operational Test and Evaluation and 
     the Directors of the test and evaluation facilities of the 
     Major Range and Test Facility Base of the Department of 
     Defense, appoint qualified candidates possessing a college 
     degree to scientific, engineering, technical, and key support 
     positions within the Office of the Director of Operational 
     Test and Evaluation and the test and evaluation facilities of 
     the Major Range and Test Facility Base without regard to the 
     provisions of subchapter I of chapter 33 of title 5, United 
     States Code, other than sections 3303 and 3328 of such title.
       (b) Limitation on Number.--
       (1) In general.--Authority under this section may not, in 
     any calendar year and with respect to the Office of the 
     Director of Operational Test and Evaluation or any test and 
     evaluation facility, be exercised with respect to a number of 
     candidates greater than the number equal to 5 percent of the 
     total number of positions described in subsection (a) within 
     the Office or such facility that are filled as of the close 
     of the fiscal year last ending before the start of such 
     calendar year.
       (2) Nature of appointment.--For purposes of this 
     subsection, any candidate appointed to a position under this 
     section shall be treated as appointed on a full-time 
     equivalent basis.
       (c) Termination.--The authority to make appointments under 
     this section shall not be available after December 31, 2021.
       (d) Major Range and Test Facility Base Defined.--In this 
     section, the term ``Major Range and Test Facility Base'' 
     means the test and evaluation facilities that are designated 
     by the Secretary as facilities and resources comprising the 
     Major Range and Test Facility Base of the Department.
                                 ______
                                 
  SA 4455. Mrs. SHAHEEN (for herself and Ms. Ayotte) submitted an 
amendment intended to be proposed by her to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1667. REPORT ON PERFORMANCE OF TRANSISTORS USED BY 
                   MISSILE DEFENSE AGENCY.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of the Missile 
     Defense Agency shall submit to the congressional defense 
     committees a report on the performance of transistors used in 
     electronic systems on platforms and systems in radiation-
     hardened applications of the Agency.
       (b) Elements.--The report required by subsection (a) shall 
     include--
       (1) an assessment of the performance of transistors 
     described in subsection (a) in radiation-hardened 
     applications; and
       (2) an identification of emerging transistor technologies 
     with the potential to enhance the performance of electronic 
     systems in radiation-hardened applications.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 4456. 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. PROGRAM TO INCREASE EFFICIENCY IN THE RECRUITMENT 
                   AND HIRING BY THE DEPARTMENT OF VETERANS 
                   AFFAIRS OF HEALTH CARE WORKERS UNDERGOING 
                   SEPARATION FROM THE ARMED FORCES.

       (a) Program.--The Secretary of Veterans Affairs shall, in 
     coordination with the Secretary of Defense, carry out a 
     program to recruit individuals who are undergoing separation 
     from the Armed Forces and who served in a health care 
     capacity while serving as a member of the Armed Forces. The 
     program shall be known as the ``Docs-to-Doctors Program''.
       (b) Sharing of Information.--
       (1) Submittal of list.--For purposes of carrying out the 
     program, not less frequently than once per year (or a shorter 
     period that the Secretary of Veterans Affairs and the 
     Secretary of Defense may jointly specify), the Secretary of 
     Defense shall submit to the Secretary of Veterans Affairs a 
     list of members of the Armed Forces, including the reserve 
     components, who--
       (A) served in a health care capacity while serving as a 
     member of the Armed Forces;
       (B) are undergoing or have undergone separation from the 
     Armed Forces during the period covered by the list; and
       (C) will be discharged from the Armed Forces under 
     honorable conditions, as determined by the Secretary of 
     Defense, or have been discharged from the Armed Forces under 
     honorable conditions during the period covered by the list.
       (2) Use of occupational codes.--Each list submitted under 
     paragraph (1) shall include members of the Armed Forces who 
     were assigned a Military Occupational Specialty code, an Air 
     Force Specialty Code, or a United States Navy rating 
     indicative of service in a health care capacity.
       (3) Information included.--Each list submitted under 
     paragraph (1) shall include the following information, to the 
     extent such information is available to the Secretary of 
     Defense, with respect to each member of the Armed Forces 
     included in such list:
       (A) Contact information.
       (B) Rank upon separation from the Armed Forces.
       (C) A description of health care experience while serving 
     as a member of the Armed Forces and other relevant health 
     care experience, including any relevant credential, such as a 
     certificate, certification, or license, including the name of 
     the institution or organization that issued the credential.
       (4) Consultation with secretary of homeland security.--In 
     submitting each list under paragraph (1), the Secretary of 
     Defense shall consult with the Secretary of Homeland Security 
     with respect to matters concerning the Coast Guard when it is 
     not operating as a service in the Navy.
       (c) Resolution of Barriers to Employment.--
       (1) In general.--In carrying out the program, the Secretary 
     of Veterans Affairs shall, in coordination with the Secretary 
     of Defense, work to resolve any barriers relating to 
     credentialing or to specific hiring rules, procedures, and 
     processes of the Department of Veterans Affairs that may 
     delay or prevent the hiring of individuals who are undergoing 
     separation from the Armed Forces and who served in a health 
     care capacity while serving as a member of the Armed Forces, 
     including by reconciling different credentialing processes 
     and standards between the Department of Veterans Affairs and 
     the Department of Defense.
       (2) Report.--If the Secretary of Veterans Affairs 
     determines that a barrier described in paragraph (1) cannot 
     be resolved under such paragraph, the Secretary shall, not 
     later than 90 days after the discovery of the barrier, submit 
     to Congress a report that includes such recommendations for 
     legislative and administrative action as the Secretary 
     considers appropriate to resolve the barrier, including any 
     barrier imposed by a State.
       (d) Treatment of Applications for Employment.--An 
     application for employment in the Department of Veterans 
     Affairs in a health care capacity received by the Secretary 
     of Veterans Affairs from a member or former member of the 
     Armed Forces who is on a list submitted to the Secretary 
     under subsection (b) shall not be considered an application 
     from outside the work force of the Department for purposes of 
     section 3330 of title 5, United States Code, and section 
     335.105 of title 5, Code of Federal Regulations (as in effect 
     on the date of the enactment of this Act), if the application 
     is received not later than one year after the separation of 
     the member or former member from the Armed Forces.

     SEC. 1097A. UNIFORM CREDENTIALING STANDARDS FOR CERTAIN 
                   HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) In General.--Subchapter II of chapter 74 of title 38, 
     United States Code, is amended by inserting after section 
     7423 the following new section:

     ``Sec. 7423A. Personnel administration: uniform credentialing 
       process

       ``(a) Uniform Process.--The Secretary shall implement a 
     uniform credentialing process for employees of the Veterans 
     Health Administration for each position specified in section 
     7421(b) of this title.
       ``(b) Recognition Throughout Administration.--If an 
     employee of the Administration in a position specified in 
     section 7421(b) of this title is credentialed under this 
     section for purposes of practicing in a location within the 
     Administration, such credential shall be deemed to be 
     sufficient for the employee to practice in any location 
     within the Administration.
       ``(c) Renewal.--(1) Except as provided in paragraph (2), 
     the Secretary may provide for the renewal of credentials 
     under this section

[[Page S3550]]

     pursuant to such regulations as the Secretary may prescribe 
     for such purpose.
       ``(2) Renewal of credentials under this section may not be 
     required solely because an employee moves from one facility 
     of the Department to another.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 74 of such title is amended by inserting 
     after the item relating to section 7423 the following new 
     item:

``7423A. Personnel administration: uniform credentialing process.''.

       (c) Effective Date.--The Secretary of Veterans Affairs 
     shall implement the uniform credentialing process required 
     under section 7423A of such title, as added by subsection 
     (a), not later than one year after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 4457. Mr. MERKLEY (for himself and Mr. Markey) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1655. PLAN TO MODERNIZE THE NUCLEAR WEAPONS STOCKPILE.

       Section 1043(a)(2) of the National Defense Authorization 
     Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1576), 
     as most recently amended by section 1643 of the National 
     Defense Authorization Act for Fiscal Year 2015 (Public Law 
     113-291; 128 Stat. 3650), is further amended--
       (1) by redesignating subparagraph (G) as subparagraph (I); 
     and
       (2) by inserting after subparagraph (F) the following new 
     subparagraph:
       ``(G) A detailed description of the plan to modernize the 
     nuclear weapons stockpile of the United States, including an 
     estimate of the costs (including estimated cost ranges if 
     necessary), during the 25-year period following the date of 
     the report to implement planned programs to modernize and 
     sustain all elements of the nuclear security enterprise, 
     including the estimated life cycle costs of modernization 
     programs planned and or in the planning stages as of the date 
     of the report. Such estimates shall include the costs of 
     research and development and production relating to nuclear 
     weapons that are being replaced, modernized, or sustained, 
     including with respect to--
       ``(i) associated delivery systems or platforms that carry 
     nuclear weapons;
       ``(ii) nuclear command and control systems; and
       ``(iii) facilities, infrastructure, and critical skills.''.
                                 ______
                                 
  SA 4458. 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 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 4459. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 153, strike lines 1 through 16.
                                 ______
                                 
  SA 4460. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 877. COMPTROLLER GENERAL REPORT ON SOLID ROCKET MOTOR 
                   (SRM) INDUSTRIAL BASE FOR TACTICAL MISSILES.

       (a) In General.--Not later than March 31, 2017, the 
     Comptroller General of the United States shall submit to the 
     congressional defense committees a report on the solid rocket 
     motor (SRM) industrial base for tactical missiles.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:

[[Page S3551]]

       (1) A review of all Department of Defense reports that have 
     been published since 2009 on the United States tactical solid 
     rocket motor (SRM) industrial base, together with the 
     analyses underlying such reports.
       (2) An examination of the factors the Department uses in 
     awarding SRM contracts and that Department of Defense 
     contractors use in awarding SRM subcontracts, including cost, 
     schedule, technical qualifications, supply chain 
     diversification, past performance, and other evaluation 
     factors, such as meeting offset obligations under foreign 
     military sales agreements.
       (3) An assessment of the foreign-built portion of the 
     United States SRM market and of the effectiveness of actions 
     taken by the Department to address the declining state of the 
     United States tactical SRM industrial base.
                                 ______
                                 
  SA 4461. Mr. MANCHIN (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 563 and insert the following:

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

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

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

       ``(a) Access.--
       ``(1) Access to be permitted.--
       ``(A) In general.--The Secretary of Defense may grant 
     access to Department of Defense installations for the purpose 
     of providing at the installation concerned timely face-to-
     face student advising and related support services to members 
     of the armed forces and other persons who are eligible for 
     assistance under Department of Defense educational assistance 
     programs and authorities, in accordance with the limitations 
     provided under paragraph (2)(B), to any institution of higher 
     education that--
       ``(i) has entered into a Voluntary Education Partnership 
     Memorandum of Understanding with the Department;
       ``(ii) is not in violation of the Department of Defense 
     Voluntary Education Partnership Memorandum of Understanding 
     that governs higher education activities on military 
     installations and complies with the regulations related to 
     substantial misrepresentation promulgated pursuant to section 
     487(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 
     1094(c)(3)); and
       ``(iii) has received approval for such access by the 
     educational service office of the installation concerned.
       ``(B) Transition assistance program.--The Secretary of 
     Defense may grant access to Department of Defense 
     installations for the purpose of educating members of the 
     armed forces about education and employment after military 
     service as part of the Transition Assistance Program to any 
     institution of higher education that meets the criteria under 
     subparagraph (A) and has received approval for such access by 
     the base transition office of the installation concerned.
       ``(2) Scope of access.--
       ``(A) In general.--Access may be granted under paragraph 
     (1) in a nondiscriminatory manner to any institution covered 
     by that paragraph regardless of the particular learning 
     modality offered by that institution.
       ``(B) Student advising and related support .--Access 
     granted in accordance with paragraph (1)(A) shall be limited 
     to face-to-face student advisement and related support 
     services for such institution's students who are enrolled as 
     of the date of the advisement and provision of related 
     support services.
       ``(C) Transition assistance program.--Access granted in 
     accordance with paragraph (1)(B) shall be limited to face-to-
     face student advisement and related support services for 
     students and members of the armed forces who have elected to 
     participate in the higher education track of the Transition 
     Assistance Program but shall not occur during the Transition 
     Assistance Program.
       ``(D) Prohibitions.--Any institution of higher education 
     granted installation access under this section shall be 
     prohibited from engaging in any recruitment, marketing, or 
     advertising activities during such access.
       ``(b) Regulations.--The Secretary shall prescribe in 
     regulations the time and place of access granted pursuant to 
     subsection (a). The regulations shall provide the following:
       ``(1) The opportunity for institutions of higher education 
     to receive access at times and places that ensure opportunity 
     for students to obtain advising and support services 
     described in subsection (a) as best meets the needs of the 
     military and members of the armed forces.
       ``(2) The opportunity for institutions of higher education 
     to receive access at times and places that ensure opportunity 
     for members of the armed forces transitioning to life after 
     military service, as determined by the base transition 
     officer concerned to best meet the needs of the military and 
     members of the armed forces, to receive advising, student 
     support services, and education pursuant to this section.
       ``(c) Definitions.--In this section:
       ``(1) The term `Department of Defense educational 
     assistance programs and authorities' has the meaning given 
     the term `Department of Defense educational assistance 
     programs and authorities covered by this section' in section 
     2006a(c)(1) of this title.
       ``(2) The term `institution of higher education' has the 
     meaning given that term in section 2006a(c)(2) of this title.
       ``(3) The term `Voluntary Education Partnership Memorandum 
     of Understanding' has the meaning given that term in 
     Department of Defense Instruction 1322.25, entitled 
     `Voluntary Education Programs', or any successor Department 
     of Defense Instruction.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by 
     inserting after the item relating to section 2012 the 
     following new item:

``2012a. Access to Department of Defense installations: institutions of 
              higher education providing certain advising and student 
              support services.''.
                                 ______
                                 
  SA 4462. Ms. HEITKAMP (for herself and Ms. Ayotte) 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. NORTHERN BORDER THREAT ANALYSIS.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Armed Services of the Senate;
       (E) the Committee on Homeland Security of the House of 
     Representatives;
       (F) the Committee on Appropriations of the House of 
     Representatives;
       (G) the Committee on the Judiciary of the House of 
     Representatives; and
       (H) the Committee on Armed Services of the House of 
     Representatives.
       (2) Northern border.--The term ``Northern Border'' means 
     the land and maritime borders between the United States and 
     Canada.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to the appropriate congressional committees a 
     Northern Border threat analysis that includes--
       (1) current and potential terrorism and criminal threats 
     posed by individuals and organized groups seeking--
       (A) to enter the United States through the Northern Border; 
     or
       (B) to exploit border vulnerabilities on the Northern 
     Border;
       (2) improvements needed at and between ports of entry along 
     the Northern Border--
       (A) to prevent terrorists and instruments of terrorism from 
     entering the United States; and
       (B) to reduce criminal activity, as measured by the total 
     flow of illegal goods, illicit drugs, and smuggled and 
     trafficked persons moved in either direction across to the 
     Northern Border;
       (3) gaps in law, policy, cooperation between State, tribal, 
     and local law enforcement, international agreements, or 
     tribal agreements that hinder effective and efficient border 
     security, counter-terrorism, anti-human smuggling and 
     trafficking efforts, and the flow of legitimate trade along 
     the Northern Border; and
       (4) whether additional U.S. Customs and Border Protection 
     preclearance and preinspection operations at ports of entry 
     along the Northern Border could help prevent terrorists and 
     instruments of terror from entering the United States.
       (c) Analysis Requirements.--For the threat analysis 
     required under subsection (b), the Secretary of Homeland 
     Security shall consider and examine--
       (1) technology needs and challenges;
       (2) personnel needs and challenges;

[[Page S3552]]

       (3) the role of State, tribal, and local law enforcement in 
     general border security activities;
       (4) the need for cooperation among Federal, State, tribal, 
     local, and Canadian law enforcement entities relating to 
     border security;
       (5) the terrain, population density, and climate along the 
     Northern Border; and
       (6) the needs and challenges of Department of Homeland 
     Security facilities, including the physical approaches to 
     such facilities.
       (d) Classified Threat Analysis.--To the extent possible, 
     the Secretary of Homeland Security shall submit the threat 
     analysis required under subsection (b) in unclassified form. 
     The Secretary may submit a portion of the threat analysis in 
     classified form if the Secretary determines that such form is 
     appropriate for that portion.
                                 ______
                                 
  SA 4463. 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 C of title I, add the following:

     SEC. 128. TESTING AND INTEGRATION OF MINEHUNTING SONARS FOR 
                   LITTORAL COMBAT SHIP MINE HUNTING CAPABILITIES.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of the Navy has determined that the 
     Remote Minehunting system (RMS) has not performed 
     satisfactorily and that the program will be restructured to 
     accelerate a less capable variant on the RMS into the 
     Littoral Combat Ship.
       (2) On February 26, 2016, Secretary of the Navy Ray Mabus 
     stated that new testing must be done to find a permanent 
     solution to the mine countermeasures mission package and that 
     the Navy wants to ``get it out there as quickly as you can 
     and test it in a more realistic environment''.
       (3) Restructuring a program the Department of the Navy has 
     determined will be discontinued is not the best use of 
     taxpayer dollars.
       (4) There are several mature unmanned surface vehicle-towed 
     and unmanned underwater vehicle-based synthetic aperture 
     sonars sensors (SAS) in use by navies of allied nations.
       (5) SAS sensors are currently in operation and performing 
     well.
       (6) SAS sensors provide a technology that is operational 
     and ready to meet the Littoral Combat Ship minehunting area 
     clearance rate sustained requirement.
       (b) Report to Congress.--
       (1) In general.--Not later than September 30, 2018, the 
     Secretary of the Navy shall--
       (A) conduct operational at-sea testing and experimentation 
     of those currently available and deployed United States and 
     allied conventional side-scan sonar and synthetic aperture 
     sonar;
       (B) complete an assessment of all minehunting sonar 
     technologies that can meet the mine countermeasures mission 
     package (MCM MP); and
       (C) submit to the congressional defense committees a report 
     that contains the findings of the at-sea testing and 
     experimentation and market survey of all capable technologies 
     found suitable for performing the Littoral Combat Ship 
     minehunting mission.
       (2) Elements.--The market survey and assessment required 
     under paragraph (1) shall include--
       (A) specific details regarding the capabilities of current 
     minehunting sonar and in-production synthetic aperture sonar 
     sensors available for integration on the Littoral Combat 
     Ship;
       (B) an assessment of the capabilities achieved by 
     integrating synthetic aperture sonar sensors on the Littoral 
     Combat Ship; and
       (C) recommendations to enhance the minehunting capabilities 
     of the Littoral Combat Ship minehunting mission using 
     conventional sonar systems and synthetic aperture sonar 
     systems.
       (c) Assessment Required.--The Secretary of the Navy shall 
     perform at-sea testing of conventional side-scan sonar 
     systems and synthetic aperture sonar systems to determine 
     which systems can meet the requirements of the Navy 
     minehunting countermeasure mission package.
       (d) Sonar System Defined.--In this section, the term 
     ``sonar system'' includes, at a minimum, conventional side-
     scan sonar technologies and synthetic aperture sonar 
     technologies.
                                 ______
                                 
  SA 4464. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1027 and insert the following:

     SEC. 1027. UNCLASSIFIED NOTICE AND MEMORANDUM OF 
                   UNDERSTANDING BETWEEN THE UNITED STATES AND THE 
                   FOREIGN COUNTRY OR ENTITY CONCERNED BEFORE 
                   TRANSFER OF ANY DETAINEE AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, TO A FOREIGN 
                   COUNTRY OR ENTITY.

       (a) Findings.--Congress makes the following findings:
       (1) The detention facilities at United States Naval 
     Station, Guantanamo Bay, Cuba, were established in 2002 for 
     the purpose of detaining those who plan, authorize, commit, 
     or aid in the planning, authorizing, or committing of acts of 
     terrorism against the United States.
       (2) The facilities have detained individuals who have 
     killed, maimed, or otherwise harmed innocent civilians and 
     members of the United States Armed Forces, as well as 
     combatants who have received specialized training in the 
     conduct and facilitation of acts of terrorism against the 
     United States, its citizens, and its allies. This includes 9/
     11 mastermind Khalid Sheik Mohammed and scores of other known 
     terrorists.
       (3) The location of the detention facilities at Guantanamo 
     Bay protects the United States, its citizens, and its allies. 
     No prisoner has ever escaped from Guantanamo Bay.
       (4) On January 22, 2009, President Barack Obama issued 
     Executive Order 13492 ordering the closure of the detention 
     facilities at Guantanamo Bay, consistent with the national 
     security and foreign policy interests of the United States 
     and the interests of justice.
       (5) Executive Order 13492 directs the Department of State 
     to participate in the review of each detainee to determine 
     whether it is possible to transfer or release the individual 
     consistent with the national security and foreign policy 
     interests of the United States.
       (6) The Secretary of State is ordered to expeditiously 
     pursue and direct negotiations and diplomatic efforts with 
     foreign governments as are necessary and appropriate to 
     implement Executive Order 13492.
       (7) Since 2009, the Department of State has played a 
     substantial role in the review and transfer of enemy 
     combatants from the jurisdiction of the United States to the 
     custody or control of foreign governments through the 
     appointment of a Special Envoy for Guantanamo Closure.
       (8) President Obama has released numerous detainees from 
     Guantanamo Bay since taking office, some of whom are known or 
     suspected to have reengaged in terrorist activity.
       (9) The transfer of individuals from Guantanamo Bay to 
     foreign countries sharply increased from 2014 to 2016, 
     bringing the number of detainees remaining at Guantanamo Bay 
     to less than 100.
       (10) The administration often transfers detainees to 
     countries in close proximity to their countries of origin. In 
     some cases, prisoners have been relocated within blocks of 
     United States diplomatic facilities located in countries with 
     governments that have publicly stated no intention to monitor 
     or restrict travel of potentially dangerous former detainees 
     or that otherwise lack the capacity to mitigate threat 
     potential.
       (11) The administration is required to notify Congress of 
     its intent to transfer individuals detained at Guantanamo 
     pursuant to section 1034 of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92) 
     and certify that among other things, the foreign country to 
     which the individual is proposed to be transferred has taken 
     or agreed to take appropriate steps to substantially mitigate 
     any risk the individual could attempt to reengage in 
     terrorist activity or otherwise threaten the United States or 
     its allies or interests.
       (12) While not required by law, the administration has 
     classified these notifications so that only a small number of 
     individuals are able to know their contents.
       (13) The information contained in such a notice does not 
     warrant classification, given that third-party nations and 
     the detainees themselves possess such information.
       (14) The decision to classify the notice and certification 
     results in a process that is not transparent, thereby 
     preventing the American public from knowing pertinent 
     information about the release of these individuals.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the people of the United States deserve to know who is 
     being released from the detention facilities at United States 
     Naval Station, Guantanamo Bay, Cuba, their countries of 
     origin, their destinations, and the ability of the host 
     nation to prevent recidivism; and
       (2) the people of the United States deserve transparency in 
     the manner in which the Obama Administration complies with 
     Executive Order 13492.
       (c) Notice Required.--Not less than 30 days prior to the 
     transfer of any individual detained at Guantanamo to the 
     custody or control of the individual's country of origin, any 
     other foreign country, or any other foreign entity, the 
     Secretary of Defense shall, in consultation with the 
     Secretary of State, submit to the appropriate committees of 
     Congress an unclassified notice that includes--
       (1) the name, country of origin, and country of destination 
     of the individual;
       (2) the number of individuals detained at Guantanamo 
     previously transferred to the

[[Page S3553]]

     country to which the individual is proposed to be 
     transferred; and
       (3) the number of such individuals who are known or 
     suspected to have reengaged in terrorist activity after being 
     transferred to that country.
       (d) Briefing.--The Secretary of Defense shall brief the 
     appropriate committees of Congress within 5 days of 
     transmitting the notice required by subsection (c). Such 
     briefing shall include an explanation of why the destination 
     country was chosen for the transferee and an overview of 
     countries being considered for future transfers.
       (e) Memorandum of Understanding.--Section 1034(b) of the 
     National Defense Authorization Act for Fiscal Year 2016 (129 
     Stat. 969; 10 U.S.C. 801 note) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) both--
       ``(A) the United States Government, on the one hand, and 
     the government of the foreign country or the recognized 
     leadership of the foreign entity, on the other hand, have 
     entered into a written memorandum of understanding (MOU) 
     regarding the transfer of the individual; and
       ``(B) the memorandum of understanding--
       ``(i) has been transmitted to the appropriate committees of 
     Congress in unclassified form (unless the Secretary 
     determines that the memorandum of understanding must be 
     transmitted to the appropriate committees of Congress in 
     classified form and, upon making such determination, submits 
     to Congress a detailed unclassified report explaining why the 
     memorandum of understanding is being kept classified); and
       ``(ii) includes an assessment of the capacity, willingness, 
     and past practices (if applicable) of the foreign country or 
     foreign entity, as the case may be, with respect to the 
     matters certified by the Secretary pursuant to paragraphs (2) 
     and (3) that has been transmitted to the appropriate 
     committee of Congress in unclassified form (unless the 
     Secretary determines that the assessment must be transmitted 
     to the appropriate committees of Congress in classified form 
     and, upon making such determination, submits to Congress a 
     detailed unclassified report explaining why the assessment is 
     being kept classified); and''.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to be inconsistent with the requirements of section 
     1034 of the National Defense Authorization Act for Fiscal 
     Year 2016.
       (g) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Affairs of the 
     House of Representatives.
       (2) The term ``individual detained at Guantanamo'' has the 
     meaning given such term in section 1034(f)(2) of the National 
     Defense Authorization Act for Fiscal Year 2016.
                                 ______
                                 
  SA 4465. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. CRITICAL INFRASTRUCTURE PROTECTION ACT.

       (a) Short Title.--This section may be cited as the 
     ``Critical Infrastructure Protection Act of 2016'' or the 
     ``CIPA''.
       (b) EMP and GMD Planning, Research and Development, and 
     Protection and Preparedness.--
       (1) In general.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (A) in section 2 (6 U.S.C. 101)--
       (i) by redesignating paragraphs (9) through (18) as 
     paragraphs (11) through (20), respectively;
       (ii) by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively;
       (iii) by inserting after paragraph (6) the following:
       ``(7) The term `EMP' means an electromagnetic pulse caused 
     by a nuclear device or nonnuclear device, including such a 
     pulse caused by an act of terrorism.''; and
       (iv) by inserting after paragraph (9), as so redesignated, 
     the following:
       ``(10) The term `GMD' means a geomagnetic disturbance 
     caused by a solar storm or another naturally occurring 
     phenomenon.'';
       (B) in section 201(d) (6 U.S.C. 121(d)), by adding at the 
     end the following:
       ``(26)(A) To conduct an intelligence-based review and 
     comparison of the risk and consequence of threats and 
     hazards, including GMD and EMP, facing critical 
     infrastructures, and prepare and submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives--
       ``(i) a recommended strategy to protect and prepare the 
     critical infrastructure of the American homeland against 
     threats of EMP and GMD, including from acts of terrorism; and
       ``(ii) not less frequently than every 2 years, updates of 
     the recommended strategy.
       ``(B) The recommended strategy under subparagraph (A) 
     shall--
       ``(i) be based on findings of the research and development 
     conducted under section 319;
       ``(ii) be developed in consultation with the relevant 
     Federal sector-specific agencies (as defined under 
     Presidential Policy Directive-21) for critical 
     infrastructures;
       ``(iii) be developed in consultation with the relevant 
     sector coordinating councils for critical infrastructures;
       ``(iv) be informed, to the extent practicable, by the 
     findings of the intelligence-based review and comparison of 
     the risk and consequence of threats and hazards, including 
     GMD and EMP, facing critical infrastructures conducted under 
     subparagraph (A); and
       ``(v) be submitted in unclassified form, but may include a 
     classified annex.
       ``(C) The Secretary may, if appropriate, incorporate the 
     recommended strategy into a broader recommendation developed 
     by the Department to help protect and prepare critical 
     infrastructure from terrorism, cyber attacks, and other 
     threats and hazards if, as incorporated, the recommended 
     strategy complies with subparagraph (B).'';
       (C) in title III (6 U.S.C. 181 et seq.), by adding at the 
     end the following:

     ``SEC. 319. GMD AND EMP MITIGATION RESEARCH AND DEVELOPMENT.

       ``(a) In General.--In furtherance of domestic preparedness 
     and response, the Secretary, acting through the Under 
     Secretary for Science and Technology, and in consultation 
     with other relevant executive agencies and relevant owners 
     and operators of critical infrastructure, shall, to the 
     extent practicable, conduct research and development to 
     mitigate the consequences of threats of EMP and GMD.
       ``(b) Scope.--The scope of the research and development 
     under subsection (a) shall include the following:
       ``(1) An objective scientific analysis--
       ``(A) evaluating the risks to critical infrastructures from 
     a range of threats of EMP and GMD; and
       ``(B) which shall--
       ``(i) be conducted in conjunction with the Office of 
     Intelligence and Analysis; and
       ``(ii) include a review and comparison of the range of 
     threats and hazards facing critical infrastructure of the 
     electric grid.
       ``(2) Determination of the critical utilities and national 
     security assets and infrastructures that are at risk from 
     threats of EMP and GMD.
       ``(3) An evaluation of emergency planning and response 
     technologies that would address the findings and 
     recommendations of experts, including those of the Commission 
     to Assess the Threat to the United States from 
     Electromagnetic Pulse Attack, which shall include a review of 
     the feasibility of--
       ``(A) rapidly isolating 1 or more portions of the 
     electrical grid from the main electrical grid; and
       ``(B) training utility and transmission operators to 
     deactivate transmission lines within seconds of an event 
     constituting a threat of EMP or GMD.
       ``(4) An analysis of technology options that are available 
     to improve the resiliency of critical infrastructure to 
     threats of EMP and GMD, which shall include an analysis of 
     neutral current blocking devices that may protect high-
     voltage transmission lines.
       ``(5) The restoration and recovery capabilities of critical 
     infrastructure under differing levels of damage and 
     disruption from various threats of EMP and GMD, as informed 
     by the objective scientific analysis conducted under 
     paragraph (1).
       ``(6) An analysis of the feasibility of a real-time alert 
     system to inform electric grid operators and other 
     stakeholders within milliseconds of a high-altitude nuclear 
     explosion.''; and
       (D) in title V (6 U.S.C. 311 et seq.), by adding at the end 
     the following:

     ``SEC. 527. NATIONAL PLANNING AND EDUCATION.

       ``(a) In General.--The Secretary shall, to the extent 
     practicable--
       ``(1) develop an incident annex or similar response and 
     planning strategy that guides the response to a major GMD or 
     EMP event; and
       ``(2) conduct outreach to educate owners and operators of 
     critical infrastructure, emergency planners, and emergency 
     response providers at all levels of government regarding 
     threats of EMP and GMD.
       ``(b) Existing Annexes and Plans.--The incident annex or 
     response and planning strategy developed under subsection 
     (a)(1) may be incorporated into existing incident annexes or 
     response plans.''.
       (2) Technical and conforming amendments.--
       (A) The table of contents in section 1(b) of the Homeland 
     Security Act of 2002 is amended--
       (i) by inserting after the item relating to section 317 the 
     following:

``Sec. 319. GMD and EMP mitigation research and development.''; and
       (ii) by inserting after the item relating to section 525 
     the following:

``Sec. 526. Integrated Public Alert and Warning System modernization.

[[Page S3554]]

``Sec. 527. National planning and education.''.
       (B) Section 501(13) of the Homeland Security Act of 2002 (6 
     U.S.C. 311(13)) is amended by striking ``section 2(11)(B)'' 
     and inserting ``section 2(13)(B)''.
       (C) Section 712(a) of title 14, United States Code, is 
     amended by striking ``section 2(16) of the Homeland Security 
     Act of 2002 (6 U.S.C. 101(16))'' and inserting ``section 2 of 
     the Homeland Security Act of 2002 (6 U.S.C. 101)''.
       (3) Deadline for initial recommended strategy.--Not later 
     than 1 year after the date of enactment of this Act, the 
     Secretary of Homeland Security shall submit the recommended 
     strategy required under paragraph (26) of section 201(d) of 
     the Homeland Security Act of 2002 (6 U.S.C. 121(d)), as added 
     by this section.
       (4) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to Congress a report describing the progress 
     made in, and an estimated date by which the Department of 
     Homeland Security will have completed--
       (A) including threats of EMP and GMD (as those terms are 
     defined in section 2 of the Homeland Security Act of 2002, as 
     amended by this section) in national planning, as described 
     in section 527 of the Homeland Security Act of 2002, as added 
     by this section;
       (B) research and development described in section 319 of 
     the Homeland Security Act of 2002, as added by this section;
       (C) development of the recommended strategy required under 
     paragraph (26) of section 201(d) of the Homeland Security Act 
     of 2002 (6 U.S.C. 121(d)), as added by this section; and
       (D) beginning to conduct outreach to educate emergency 
     planners and emergency response providers at all levels of 
     government regarding threats of EMP and GMD events.
       (c) No Regulatory Authority.--Nothing in this section, 
     including the amendments made by this section, shall be 
     construed to grant any regulatory authority.
       (d) No New Authorization of Appropriations.--This section, 
     including the amendments made by this section, may be carried 
     out only by using funds appropriated under the authority of 
     other laws.
                                 ______
                                 
  SA 4466. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1236. ANNUALLY UPDATED ASSESSMENTS ON FUNDING OF 
                   POLITICAL PARTIES AND NONGOVERNMENTAL 
                   ORGANIZATIONS BY THE RUSSIAN FEDERATION.

       Section 502 of the Intelligence Authorization Act for 
     Fiscal Year 2016 (division M of Public Law 114-113; 29 Stat. 
     2924) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respsectively;
       (2) in subsection (c), as redesignated by paragraph (1), by 
     inserting ``and each update required by subsection (b)'' 
     after ``subsection (a)''; and
       (3) by inserting after subsection (a), the following:
       ``(b) Annual Update.--Not later than 180 days after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2017, and annually thereafter, the 
     Director of National Intelligence shall submit to the 
     appropriate congressional committees an update of the 
     assessment required by subsection (a).''.
                                 ______
                                 
  SA 4467. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. PUBLICATION OF INFORMATION ON PROVISION OF HEALTH 
                   CARE BY DEPARTMENT OF VETERANS AFFAIRS AND 
                   ABUSE OF OPIOIDS BY VETERANS.

       (a) Publication of Information.--Not later than 180 days 
     after the date of the enactment of this Act, and not less 
     frequently than once every 180 days thereafter, the Secretary 
     of Veterans Affairs shall publish on a publicly available 
     Internet website of the Department of Veterans Affairs 
     information on the provision of health care by the Department 
     and the abuse of opioids by veterans.
       (b) Elements.--
       (1) Health care.--
       (A) In general.--Each publication required by subsection 
     (a) shall include, with respect to each medical facility of 
     the Department during the 180-day period preceding such 
     publication, the following:
       (i) The average number of patients seen per month by each 
     primary care physician.
       (ii) The average length of stay for inpatient care.
       (iii) A description of any hospital-acquired condition 
     acquired by a patient.
       (iv) The rate of readmission of patients within 30 days of 
     release.
       (v) The rate at which opioids are prescribed to each 
     patient.
       (vi) The average wait time for emergency room treatment.
       (vii) A description of any scheduling backlog with respect 
     to patient appointments.
       (B) Additional elements.--The Secretary may include in each 
     publication required by subsection (a) such additional 
     information on the safety of medical facilities of the 
     Department, health outcomes at such facilities, and quality 
     of care at such facilities as the Secretary considers 
     appropriate.
       (C) Searchability.--The Secretary shall ensure that 
     information described in subparagraph (A) that is included on 
     the Internet website required by subsection (a) is searchable 
     by State, city, and facility.
       (2) Opioid abuse by veterans.--Each publication required by 
     subsection (a) shall include, for the 180-day period 
     preceding such publication, the following information:
       (A) The number of veterans prescribed opioids by health 
     care providers of the Department.
       (B) A comprehensive list of all facilities of the 
     Department offering an opioid treatment program, including 
     details on the types of services available at each facility.
       (C) The number of veterans treated by a health care 
     provider of the Department for opioid abuse.
       (D) Of the veterans described in subparagraph (C), the 
     number treated for opioid abuse in conjunction with 
     posttraumic stress disorder, depression, or anxiety.
       (E) With respect to veterans receiving treatment for opioid 
     abuse--
       (i) the average number of times veterans reported abusing 
     opioids before beginning such treatment; and
       (ii) the main reasons reported to the Department by 
     veterans as to how they came to receive such treatment, 
     including self-referral or recommendation by a physician or 
     family member.
       (c) Personal Information.--The Secretary shall ensure that 
     personal information connected to information published under 
     subsection (a) is protected from disclosure as required by 
     applicable law.
       (d) Comptroller General Report.--Not later than 180 days 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress a 
     report setting forth recommendations for additional elements 
     to be included with the information published under 
     subsection (a) to improve the evaluation and assessment of 
     the safety and health of individuals receiving health care 
     under the laws administered by the Secretary and the quality 
     of health care received by such individuals.
                                 ______
                                 
  SA 4468. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                 DIVISION F--WHISTLEBLOWER PROTECTIONS

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``Dr. Chris Kirkpatrick 
     Whistleblower Protection Act of 2016''.

                     TITLE LXI--EMPLOYEES GENERALLY

     SEC. 6101. DEFINITIONS.

       In this title--
       (1) the terms ``agency'' and ``personnel action'' have the 
     meanings given such terms under section 2302 of title 5, 
     United States Code; and
       (2) the term ``employee'' means an employee (as defined in 
     section 2105 of title 5, United States Code) of an agency.

     SEC. 6102. STAYS; PROBATIONARY EMPLOYEES.

       (a) Request by Special Counsel.--Section 1214(b)(1) of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``(E) If the Merit Systems Protections Board grants a stay 
     under this subsection, the head of the agency employing the 
     employee shall give priority to a request for a transfer 
     submitted by the employee.''.
       (b) Individual Right of Action for Probationary 
     Employees.--Section 1221 of title 5, United States Code, is 
     amended by adding at the end the following:
       ``(k) If the Merit Systems Protection Board grants a stay 
     to an employee in probationary status under subsection (c), 
     the head of the agency employing the employee shall give 
     priority to a request for a transfer submitted by the 
     employee.''.
       (c) Study Regarding Retaliation Against Probationary 
     Employees.--The Comptroller General of the United States 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report discussing retaliation against 
     employees in probationary status.

[[Page S3555]]

  


     SEC. 6103. ADEQUATE ACCESS OF SPECIAL COUNSEL TO INFORMATION.

       Section 1212(b) of title 5, United States Code, is amended 
     by adding at the end the following:
       ``(5) The Special Counsel, in carrying out this subchapter, 
     is authorized to--
       ``(A) have access to all records, reports, audits, reviews, 
     documents, papers, recommendations, or other material 
     available to the applicable agency which relate to a matter 
     within the jurisdiction or authority of the Special Counsel; 
     and
       ``(B) request from any agency such information or 
     assistance as may be necessary for carrying out the duties 
     and responsibilities of the Special Counsel under this 
     subchapter.''.

     SEC. 6104. PROHIBITED PERSONNEL PRACTICES.

       Section 2302(b) of title 5, United States Code, is 
     amended--
       (1) in paragraph (12), by striking ``or'' at the end;
       (2) in paragraph (13), by striking the period at the end 
     and inserting ``; or''; and
       (3) by inserting after paragraph (13) the following:
       ``(14) access the medical record of another employee for 
     the purpose of retaliation for a disclosure or activity 
     protected under paragraph (8) or (9).''.

     SEC. 6105. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION 
                   AGAINST WHISTLEBLOWERS.

       (a) In General.--Subchapter II of chapter 75 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 7515. Discipline of supervisors based on retaliation 
       against whistleblowers

       ``(a) Definitions.--In this section--
       ``(1) the term `agency' means an entity that is an agency, 
     as defined under section 2302, without regard to whether any 
     other provision of this chapter is applicable to the entity;
       ``(2) the term `prohibited personnel action' means taking 
     or failing to take an action in violation of paragraph (8), 
     (9), or (14) of section 2302(b) against an employee of an 
     agency; and
       ``(3) the term `supervisor' means an employee of an agency 
     who would be a supervisor, as defined under section 7103(a), 
     if this chapter applied to the agency employing the employee.
       ``(b) Proposed Adverse Actions.--
       ``(1) In general.--In accordance with paragraph (2), the 
     head of an agency shall propose against a supervisor whom the 
     head of that agency, an administrative law judge, the Merit 
     Systems Protection Board, the Office of Special Counsel, an 
     adjudicating body provided under a union contract, a Federal 
     judge, or the Inspector General of the agency determines 
     committed a prohibited personnel action the following adverse 
     actions:
       ``(A) With respect to the first prohibited personnel 
     action, an adverse action that is not less than a 12-day 
     suspension.
       ``(B) With respect to the second prohibited personnel 
     action, removal.
       ``(2) Procedures.--
       ``(A) Notice.--A supervisor against whom an adverse action 
     under paragraph (1) is proposed is entitled to written 
     notice.
       ``(B) Answer and evidence.--
       ``(i) In general.--A supervisor who is notified under 
     subparagraph (A) that the supervisor is the subject of a 
     proposed adverse action under paragraph (1) is entitled to 14 
     days following such notification to answer and furnish 
     evidence in support of the answer.
       ``(ii) No evidence.--After the end of the 14-day period 
     described in clause (i), if a supervisor does not furnish 
     evidence as described in clause (i) or if the head of the 
     agency determines that such evidence is not sufficient to 
     reverse the proposed adverse action, the head of the agency 
     shall carry out the adverse action.
       ``(C) Scope of procedures.--Paragraphs (1) and (2) of 
     subsection (b) of section 7513, subsection (c) of such 
     section, paragraphs (1) and (2) of subsection (b) of section 
     7543, and subsection (c) of such section shall not apply with 
     respect to an adverse action carried out under this 
     subsection.
       ``(c) Limitation on Other Adverse Actions.--With respect to 
     a prohibited personnel action, if the head of the agency 
     carries out an adverse action against a supervisor under 
     another provision of law, the head of the agency may carry 
     out an additional adverse action under this section based on 
     the same prohibited personnel action.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for subchapter II of chapter 75 of title 5, United 
     States Code, is amended by adding at the end the following:

``7515. Discipline of supervisors based on retaliation against 
              whistleblowers.''.

     SEC. 6106. SUICIDE BY EMPLOYEES.

       (a) Referral.--The head of an agency shall refer to the 
     Office of Special Counsel, along with any information known 
     to the agency regarding the circumstances described in 
     paragraphs (2) and (3), any instance in which the head of the 
     agency has information indicating--
       (1) an employee of the agency committed suicide;
       (2) prior to the death of the employee, the employee made 
     any disclosure of information which reasonably evidences--
       (A) any violation of any law, rule, or regulation; or
       (B) gross mismanagement, a gross waste of funds, an abuse 
     of authority, or a substantial and specific danger to public 
     health or safety; and
       (3) after a disclosure described in paragraph (2), a 
     personnel action was taken against the employee.
       (b) Office of Special Counsel Review.--For any referral to 
     the Office of Special Counsel under subsection (a), the 
     Office of Special Counsel shall--
       (1) examine whether any personnel action was taken because 
     of any disclosure of information described in subsection 
     (a)(2); and
       (2) take any action the Office of Special Counsel 
     determines appropriate under subchapter II of chapter 12 of 
     title 5, United States Code.

     SEC. 6107. TRAINING FOR SUPERVISORS.

       In consultation with the Office of Special Counsel and the 
     Inspector General of the agency (or senior ethics official of 
     the agency for an agency without an Inspector General), the 
     head of each agency shall provide training regarding how to 
     respond to complaints alleging a violation of whistleblower 
     protections (as defined in section 2307 of title 5, United 
     States Code, as added by this title) available to employees 
     of the agency--
       (1) to employees appointed to supervisory positions in the 
     agency who have not previously served as a supervisor; and
       (2) on an annual basis, to all employees of the agency 
     serving in a supervisory position.

     SEC. 6108. INFORMATION ON WHISTLEBLOWER PROTECTIONS.

       (a) Existing Provision.--
       (1) In general.--Section 2302 of title 5, United States 
     Code, is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsections (d), (e), and (f) as 
     subsections (c), (d), and (e), respectively.
       (2) Technical and conforming amendments.--
       (A) Section 4505a(b)(2) of title 5, United States Code, is 
     amended by striking ``section 2302(d)'' and inserting 
     ``section 2302(c)''.
       (B) Section 5755(b)(2) of title 5, United States Code, is 
     amended by striking ``section 2302(d)'' and inserting 
     ``section 2302(c)''.
       (C) Section 110(b)(2) of the Whistleblower Protection 
     Enhancement Act of 2012 (5 U.S.C. 2302 note) is amended by 
     striking ``section 2303(f)(1) or (2)'' and inserting 
     ``section 2303(e)(1) or (2)''.
       (D) Section 704 of the Homeland Security Act of 2002 (6 
     U.S.C. 344) is amended by striking ``2302(c)'' each place it 
     appears and inserting ``2307''.
       (E) Section 1217(d)(3) of the Panama Canal Act of 1979 (22 
     U.S.C. 3657(d)(3)) is amended by striking ``section 2302(d)'' 
     and inserting ``section 2302(c)''.
       (F) Section 1233(b) of the Panama Canal Act of 1979 (22 
     U.S.C. 3673(b)) is amended by striking ``section 2302(d)'' 
     and inserting ``section 2302(c)''.
       (b) Provision of Information.--Chapter 23 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 2307. Information on whistleblower protections

       ``(a) Definitions.--In this section--
       ``(1) the term `agency' has the meaning given that term in 
     section 2302;
       ``(2) the term `new employee' means an individual--
       ``(A) appointed to a position as an employee of an agency 
     on or after the date of enactment of the Dr. Chris 
     Kirkpatrick Whistleblower Protection Act of 2016; and
       ``(B) who has not previously served as an employee; and
       ``(3) the term `whistleblower protections' means the 
     protections against and remedies for a prohibited personnel 
     practice described in paragraph (8), subparagraph (A)(i), 
     (B), (C), or (D) of paragraph (9), or paragraph (14) of 
     section 2302(b).
       ``(b) Responsibilities of Head of Agency.--The head of each 
     agency shall be responsible for the prevention of prohibited 
     personnel practices, for the compliance with and enforcement 
     of applicable civil service laws, rules, and regulations, and 
     other aspects of personnel management, and for ensuring (in 
     consultation with the Special Counsel and the Inspector 
     General of the agency) that employees of the agency are 
     informed of the rights and remedies available to them under 
     this chapter and chapter 12, including--
       ``(1) information regarding whistleblower protections 
     available to new employees during the probationary period;
       ``(2) the role of the Office of Special Counsel and the 
     Merit Systems Protection Board with regard to whistleblower 
     protections; and
       ``(3) how to make a lawful disclosure of information that 
     is specifically required by law or Executive order to be kept 
     classified in the interest of national defense or the conduct 
     of foreign affairs to the Special Counsel, the Inspector 
     General of an agency, Congress, or other agency employee 
     designated to receive such disclosures.
       ``(c) Timing.--The head of each agency shall ensure that 
     the information required to be provided under subsection (b) 
     is provided to each new employee of the agency not later than 
     6 months after the date the new employee is appointed.
       ``(d) Information Online.--The head of each agency shall 
     make available information regarding whistleblower 
     protections applicable to employees of the agency on the 
     public website of the agency, and on any online portal that 
     is made available only to employees of the agency if one 
     exists.
       ``(e) Delegees.--Any employee to whom the head of an agency 
     delegates authority

[[Page S3556]]

     for personnel management, or for any aspect thereof, shall, 
     within the limits of the scope of the delegation, be 
     responsible for the activities described in subsection 
     (b).''.
       (c) Technical and Conforming Amendment.--The table of 
     sections for chapter 23 of title 5, United States Code, is 
     amended by adding at the end the following:

``2307. Information on whistleblower protections.''.

          TITLE LXII--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES

     SEC. 6201. PREVENTION OF UNAUTHORIZED ACCESS TO MEDICAL 
                   RECORDS OF EMPLOYEES OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) Development of Plan.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall--
       (A) develop a plan to prevent access to the medical records 
     of employees of the Department of Veterans Affairs by 
     employees of the Department who are not authorized to access 
     such records;
       (B) submit to the appropriate committees of Congress the 
     plan developed under subparagraph (A); and
       (C) upon request, provide a briefing to the appropriate 
     committees of Congress with respect to the plan developed 
     under subparagraph (A).
       (2) Elements.--The plan required under paragraph (1) shall 
     include the following:
       (A) A detailed assessment of strategic goals of the 
     Department for the prevention of unauthorized access to the 
     medical records of employees of the Department.
       (B) A list of circumstances in which an employee of the 
     Department who is not a health care provider or an assistant 
     to a health care provider would be authorized to access the 
     medical records of another employee of the Department.
       (C) Steps that the Secretary will take to acquire new or 
     implement existing technology to prevent an employee of the 
     Department from accessing the medical records of another 
     employee of the Department without a specific need to access 
     such records.
       (D) Steps the Secretary will take, including plans to issue 
     new regulations, as necessary, to ensure that an employee of 
     the Department may not access the medical records of another 
     employee of the Department for the purpose of retrieving 
     demographic information if that demographic information is 
     available to the employee in another location or through 
     another format.
       (E) A proposed timetable for the implementation of such 
     plan.
       (F) An estimate of the costs associated with implementing 
     such plan.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Veterans' Affairs of the Senate; 
     and
       (2) the Committee on Oversight and Government Reform and 
     the Committee on Veterans' Affairs of the House of 
     Representatives.

     SEC. 6202. OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES 
                   AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       The Secretary of Veterans Affairs shall conduct a program 
     of outreach to employees of the Department of Veterans 
     Affairs to inform those employees of any mental health 
     services, including telemedicine options, that are available 
     to them.

     SEC. 6203. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF 
                   THE DEPARTMENT OF VETERANS AFFAIRS.

       The Secretary of Veterans Affairs shall ensure protocols 
     are in effect to address threats from individuals receiving 
     health care from the Department of Veterans Affairs directed 
     towards employees of the Department who are providing such 
     health care.

     SEC. 6204. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON 
                   ACCOUNTABILITY OF CHIEFS OF POLICE OF 
                   DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS.

       The Comptroller General of the United States shall conduct 
     a study to assess the reporting, staffing, accountability, 
     and chain of command structure of the Department of Veterans 
     Affairs police officers at medical centers of the Department.
                                 ______
                                 
  SA 4469. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1236. SENSE OF THE SENATE REGARDING THE EUROPEAN UNION 
                   RENEWING ECONOMIC SANCTIONS ON RUSSIA AS A 
                   RESULT OF RUSSIA'S ANNEXATION OF CRIMEA AND 
                   ACTIONS DESTABILIZING EASTERN UKRAINE.

       (a) Findings.--The Senate makes the following findings:
       (1) In July 2014, the European Union imposed economic 
     sanctions against Russia for its annexation of Crimea and 
     destabilizing machinations in the Donbass and Luhansk regions 
     in eastern Ukraine.
       (2) In September 2014, the European Union renewed its 
     sanctions against Russia.
       (3) In March 2015, the European Council linked the 
     continuation of economic restrictions against Russia to the 
     complete implementation of the Minsk agreements.
       (4) The Minsk-2 agreement signed in February 2015 by 
     Russia, Ukraine, France, and Germany has not been 
     implemented.
       (b) Sense of the Senate.--The Senate calls upon the 
     European Union to renew sanctions imposed on Russia as a 
     result of its destabilizing actions in Ukraine if Russia has 
     still not abided by its commitments under the Minsk-2 
     agreement by the time the European Union conducts its review 
     of its economic sanctions on Russia.
                                 ______
                                 
  SA 4470. Mr. PETERS (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 D of title XII, add the following:

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

       (a) Purpose.--The purpose of this section is to authorize 
     assistance and training to increase maritime security and 
     domain awareness of foreign countries bordering the Persian 
     Gulf, the Arabian Sea, or the Mediterranean Sea in order to 
     deter and counter illicit smuggling and related maritime 
     activity by Iran, including illicit Iranian weapons 
     shipments.
       (b) Authority.--
       (1) In general.--To carry out the purpose of this section 
     as described in subsection (a), the Secretary of Defense, 
     with the concurrence of the Secretary of State, is 
     authorized--
       (A) to provide training to the national military or other 
     security forces of Israel, Bahrain, Saudi Arabia, the United 
     Arab Emirates, Oman, Kuwait, and Qatar that have among their 
     functional responsibilities maritime security missions; and
       (B) to provide training to ministry, agency, and 
     headquarters level organizations for such forces.
       (2) Designation.--The provision of assistance and training 
     under this section may be referred to as the ``Counter Iran 
     Maritime Initiative''.
       (c) Types of Training.--
       (1) Authorized elements of training.--Training provided 
     under subsection (b)(1)(A) may include the provision of de 
     minimis equipment, supplies, and small-scale military 
     construction.
       (2) Required elements of training.--Training provided under 
     subsection (b) shall include elements that promote the 
     following:
       (A) Observance of and respect for human rights and 
     fundamental freedoms.
       (B) Respect for legitimate civilian authority within the 
     country to which the assistance is provided.
       (d) Availability of Funds.--Of the amount authorized to be 
     appropriated for fiscal year 2017 by section 301 and 
     available for operation and maintenance for Defense-wide 
     activities as specified in the funding table in section 4301, 
     $50,000,000 shall be available only for the provision of 
     assistance and training under subsection (b).
       (e) Cost Sharing.--
       (1) Sense of congress.--It is the sense of Congress that, 
     given income parity among recipient countries, the Secretary 
     of Defense, with the concurrence of the Secretary of State, 
     should seek, through appropriate bilateral and multilateral 
     arrangements, payments sufficient in amount to offset any 
     training costs associated with implementation of subsection 
     (b).
       (2) Cost-sharing agreement.--The Secretary of Defense, with 
     the concurrence of the Secretary of State, shall negotiate a 
     cost-sharing agreement with a recipient country regarding the 
     cost of any training provided pursuant to section (b). The 
     agreement shall set forth the terms of cost sharing that the 
     Secretary of Defense determines are necessary and 
     appropriate, but such terms shall not be less than 50 percent 
     of the overall cost of the training.
       (3) Credit to appropriations.--The portion of such cost-
     sharing received by the Secretary of Defense pursuant to this 
     subsection may be credited towards appropriations available 
     for operation and maintenance for Defense-wide activities as 
     specified in the funding table in section 4301.
       (f) Notice to Congress on Training.--Not later than 15 days 
     before exercising the authority under subsection (b) with 
     respect to a recipient country, the Secretary of Defense 
     shall submit to the appropriate congressional committees a 
     notification containing the following:
       (1) An identification of the recipient country.
       (2) A detailed justification of the program for the 
     provision of the training concerned, and its relationship to 
     United States security interests.
       (3) The budget for the program, including a timetable of 
     planned expenditures of funds

[[Page S3557]]

     to implement the program, an implementation time-line for the 
     program with milestones (including anticipated delivery 
     schedules for any assistance and training under the program), 
     the military department or component responsible for 
     management of the program, and the anticipated completion 
     date for the program.
       (4) A description of the arrangements, if any, to support 
     recipient country sustainment of any capability developed 
     pursuant to the program, and the source of funds to support 
     sustainment efforts and performance outcomes to be achieved 
     under the program beyond its completion date, if applicable.
       (5) A description of the program objectives and an 
     assessment framework to be used to develop capability and 
     performance metrics associated with operational outcomes for 
     the recipient force.
       (6) Such other matters as the Secretary considers 
     appropriate.
       (g) Definition.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (h) Termination.--Assistance and training may not be 
     provided under this section after September 30, 2020.
                                 ______
                                 
  SA 4471. Mr. PETERS (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

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

       (a) In General.--Not later than March 31, 2017, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on plans and initiatives to 
     enhance existing urban training concepts, capabilities, and 
     facilities that could provide for new training opportunities 
     that would more closely resemble large, dense, heavily 
     populated urban environments. The report shall include 
     specific plans and efforts to provide for a realistic 
     environment for the training of large units with joint assets 
     and recently fielded technologies to exercise new tactics, 
     techniques, and procedures, including consideration of 
     anticipated urban military operations in or near the littoral 
     environment and maritime domain as well as the cyber domain.
       (b) Form.--The report required under subsection (a) may be 
     submitted in classified or unclassified form.
                                 ______
                                 
  SA 4472. 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. SENSE OF CONGRESS REGARDING REIMBURSEMENT OF LOCAL 
                   LAW ENFORCEMENT AGENCIES.

       It is the sense of Congress that--
       (1) the Federal Government often requests emergency 
     assistance from law enforcement agencies of local 
     governments;
       (2) in responding to a request for emergency assistance 
     from the Federal Government, law enforcement agencies of 
     local governments often expend considerable resources;
       (3) when the Federal Government requests emergency 
     assistance from law enforcement agencies of local 
     governments, the local governments should be reimbursed for 
     the costs incurred in a timely manner;
       (4) the intent of Congress in establishing the Emergency 
     Federal Law Enforcement Assistance Program under subtitle B 
     of the Justice Assistance Act of 1984 (42 U.S.C. 10501 et 
     seq.) was to address law enforcement emergencies that require 
     joint action by Federal and local law enforcement agencies;
       (5) this intent is demonstrated by the fact that, under the 
     Emergency Federal Law Enforcement Assistance Program in 
     fiscal year 2013, the Federal Government provided--
       (A) $1,918,864 to the State of Massachusetts to assist with 
     law enforcement costs related to the Boston Marathon bombing, 
     which was used to pay overtime costs for law enforcement 
     agencies in the State of Massachusetts that responded to the 
     event; and
       (B) $1,011,443 to the State of Missouri to assist with law 
     enforcement costs related to the civil unrest surrounding the 
     death of Michael Brown, which was used to pay overtime costs 
     for law enforcement agencies in the State of Missouri that 
     responded to those events; and
       (6) amounts should continue to be made available to fund 
     the Emergency Federal Law Enforcement Assistance Program in 
     order to reimburse local governments and encourage 
     cooperation with the Federal Government.
                                 ______
                                 
  SA 4473. Mr. WYDEN (for himself and Mr. Sanders) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1004. IMPROVEMENT OF ABILITY OF THE DEPARTMENT OF 
                   DEFENSE TO OBTAIN AND MAINTAIN CLEAN AUDIT 
                   OPINIONS.

       (a) Financial Audit Fund.--The Secretary of Defense shall 
     establish a fund to be known as the ``Financial Audit Fund'' 
     (in this section referred to as the ``Fund'') for the purpose 
     of developing systems, processes, and a well-qualified 
     workforce that will assist the organizations, components, and 
     elements of the Department of Defense in maintaining 
     unmodified audit opinions.
       (b) Elements.--Amounts in the Fund shall include the 
     following:
       (1) Amounts appropriated to the Fund.
       (2) Amounts transferred to the Fund under subsection (d).
       (3) Any other amounts authorized for transfer or deposit 
     into the Fund by law.
       (c) Availability.--
       (1) In general.--Amounts in the Fund shall be available for 
     the following:
       (A) Program and activities for the development of systems, 
     processes, and a workforce described in subsection (a) as 
     approved by the Secretary.
       (B) Other missions and activities of the Department, as 
     identified by the Secretary, if the Secretary determines that 
     the use of amounts in the Fund for the programs and 
     activities described in subparagraph (A) will not improve 
     efforts to maintain unmodified audit options for 
     organizations, components, and elements of the Department
       (2) Transfers from fund.--Amounts in the Fund may be 
     transferred to any other account of the Department in order 
     to fund programs, activities, and missions described in 
     paragraph (1). Any amounts transferred from the Fund to an 
     account shall be merged with amounts in the account to which 
     transferred and shall be available subject to the same terms 
     and conditions as amounts in such account, except that 
     amounts so transferred shall remain available until expended. 
     The authority to transfer amounts under this paragraph is in 
     addition to any other authority of the Secretary to transfer 
     amounts by law.
       (3) Limitation.--Amounts in the Fund may be transferred 
     under this subsection only to organizations components, and 
     elements of the Department that have previously obtained 
     unmodified audit opinions for use by such organizations 
     components, and elements for purposes specified in paragraph 
     (1).
       (d) Transfers to Fund in Connection With Organizations Not 
     Having Achieved Qualified Audit Opinions.--
       (1) Reduction in amount available.--Subject to paragraph 
     (2), if during any fiscal year after fiscal year 2019 the 
     Secretary determines that an organization, component, or 
     element of the Department has not achieved a qualified 
     opinion of its statement of budgetary resources for the 
     calender year ending during such fiscal year--
       (A) the amount available to such organization, component, 
     or element for the fiscal year in which such determination is 
     made shall be equal to--
       (i) the amount otherwise authorized to be appropriated for 
     such organization, component, or element for the fiscal year; 
     minus
       (ii) the lesser of--

       (I) an amount equal to 0.5 percent of the amount described 
     in clause (i); or
       (II) $100,000,000; and

       (B) the Secretary shall deposit in the Fund pursuant to 
     subsection (b)(2) all amounts unavailable to organizations, 
     components, and elements of the Department in the fiscal year 
     pursuant to determinations made under subparagraph (A).
       (2) Inapplicability to amounts for military personnel.--Any 
     reduction applicable to an organization, component, or 
     element of the Department under paragraph (1) for a fiscal 
     year shall not apply to amounts, if any, available to such 
     organization, component, or element for the fiscal year for 
     military personnel.
                                 ______
                                 
  SA 4474. Mr. CASEY (for himself, Mr. Inhofe, Mr. Blumenthal, and Mr. 
Bennet) submitted an amendment intended to be proposed by him to the 
bill S. 2943, to authorize appropriations for fiscal year 2017 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for

[[Page S3558]]

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

       On page 1180, strike lines 1 through 5 and insert the 
     following:
       (1) in paragraph (1)--
       (A) by striking ``fiscal year 2016'' and inserting ``fiscal 
     years 2016 and 2017''; and
       (B) by striking ``the Government of Pakistan'' and all that 
     follows and inserting ``any country that the Secretary of 
     Defense, with the concurrence of the Secretary of State, has 
     identified as critical for countering the movement of 
     precursor materials for improvised explosive devices into 
     Syria, Iraq, or Afghanistan.'';
       (2) in paragraph (2), by striking ``the Government of 
     Pakistan'' and inserting ``a country'';
       (3) in paragraph (3), striking subparagraphs (A) and (B) 
     and inserting the following new subparagraphs:
       ``(A) listing each country identified pursuant to paragraph 
     (1);
       ``(B) specifying any funds transferred to another 
     department or agency of the United States Government pursuant 
     to paragraph (2);
       ``(C) detailing the amount of funds to be used with respect 
     to each country identified pursuant to paragraph (1) and the 
     training, equipment, supplies, and services to be provided to 
     such country using funds specified pursuant to subparagraph 
     (B);
       ``(D) evaluating the effectiveness of efforts by each 
     country identified pursuant to paragraph (1) to counter the 
     movement of precursor materials for improvised explosive 
     devices; and
       ``(E) setting forth the overall plan to increase the 
     counter-improvised explosive device capability of each 
     country identified pursuant to paragraph (1).''; and
       (4) in paragraph (4), by striking ``December 31, 2016'' and 
     inserting ``December 31, 2017''.
       (c) Sense of Senate.--It is the sense of the Senate that--
       (1) the United States Government should continue and should 
     increase interagency efforts to disrupt the flow of 
     improvised explosive devices (IED), precursor chemicals, and 
     components into conflict areas such as Syria, Iraq, and 
     Afghanistan;
       (2) the Department of Defense has made sizeable investments 
     to attack the network, defeat the device, and facilitate 
     protection of United States forces for many years and 
     throughout the relevant theaters of operation; and
       (3) it is essential that the continuing efforts of the 
     United States to counter improvised explosive devices 
     leverage all instruments of national power, including 
     engagement and investment from diplomatic, economic, and law 
     enforcement departments and agencies.
                                 ______
                                 
  SA 4475. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1277. COMPLIANCE ENFORCEMENT REGARDING RUSSIAN 
                   VIOLATIONS OF THE OPEN SKIES TREATY.

       (a) Findings.--Congress makes the following findings:
       (1) According to the President's letter of submittal for 
     the Open Skies Treaty provided to Congress by the Secretary 
     of State on August 12, 1992, it is the purpose of the Open 
     Skies Treaty to promote openness and transparency of military 
     forces and activities and to enhance mutual understanding and 
     confidence by giving States Party a direct role in gathering 
     information about military forces and activities of concern 
     to them.
       (2) According to the Department of State's 2016 Compliance 
     Report, the Russian Federation ``continues not to meet its 
     obligations [under the Open Skies Treaty] to allow effective 
     observation of its entire territory, raising serious 
     compliance concerns''.
       (3) According to the 2016 Compliance Report, Russian 
     conduct giving rise to compliance concerns has continued 
     since the Open Skies Treaty entered into force in 2002 and 
     worsened in 2010, 2014, and 2015.
       (4) According to the 2016 Compliance Report, ongoing 
     efforts by the United States and other States Party to the 
     Open Skies Treaty to address these concerns through dialogue 
     with the Russian Federation ``have not resolved any of the 
     compliance concerns''.
       (5) The Russian Federation has engaged in other activities 
     in coordination with, but outside the scope of, the Open 
     Skies Treaty overflights, which are a cause of concern and 
     should be addressed.
       (6) It is a generally accepted principle of customary 
     international law that in the event of a material breach of a 
     multilateral treaty by one of its parties, a party specially 
     affected by that breach may invoke it as a ground for 
     suspending the operation of the treaty in whole or in part in 
     the relations between itself and the defaulting state.
       (b) Statement of United States Policy.--It is the policy of 
     the United States that--
       (1) restrictions upon the ability of Open Skies Treaty 
     aircraft to overfly all portions of the territory of a State 
     Party impede openness and transparency of military forces and 
     activities and undermine mutual understanding and confidence, 
     especially when coupled with an ongoing refusal to address 
     compliance concerns raised by other States Party subject to 
     such restrictions;
       (2) it is essential to the accomplishment of the object and 
     purpose of the Open Skies Treaty that Open Skies Treaty 
     aircraft be able to overfly all portions of the territory of 
     a State Party in a timely and reciprocal manner;
       (3) restrictions upon the ability of Open Skies Treaty 
     aircraft to overfly all portions of the territory of the 
     Russian Federation constitute a material breach of the Open 
     Skies Treaty;
       (4) in light of the Russian Federation's material breach of 
     the Open Skies Treaty, the United States is legally entitled 
     to suspend the operation of the Open Skies Treaty in whole or 
     in part for so long as the Russian Federation continues to be 
     in material breach of the Open Skies Treaty;
       (5) for so long as the Russian Federation remains in 
     noncompliance with the Open Skies Treaty, the United States 
     should--
       (A) suspend certification or operation of new sensors for 
     Russian overflights of the United States pursuant to the Open 
     Skies Treaty;
       (B) place restrictions upon Russian overflights of the 
     United States in response to Russian restrictions placed upon 
     United States overflights of the Russian Federation; and
       (C) use appropriate additional measures to encourage the 
     Russian Federation's return to compliance with the Open Skies 
     Treaty; and
       (6) during a period of Open Skies Treaty suspension or 
     curtailment, the Director of National Intelligence, in 
     coordination with the Secretary of State and the Secretary of 
     Defense, shall coordinate with parties to Open Skies Treaty 
     that are not the Russian Federation and Belarus, and fulfill 
     imagery requirements of those parties in a manner relative to 
     that provided by Open Skies Treaty collection.
       (c) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, and annually thereafter 
     together with the Annual Arms Control and Verification 
     Compliance Report defined in subsection (e), the Secretary of 
     State, with the concurrence of the Secretary of Defense and 
     the Director of National Intelligence, shall submit to the 
     appropriate congressional committees a report that contains 
     the following elements:
       (1) A description of all outstanding concerns regarding 
     compliance by the Russian Federation with its obligations 
     under the Open Skies Treaty.
       (2) A description of all consistency, counterintelligence, 
     and other intelligence related issues that have arisen over 
     the previous year, including Russian Federation sensor or 
     equipment anomalies, intelligence actives carried out in 
     coordination with Open Skies Treaty overflights, and other 
     intelligence concerns as determined by the Director of 
     National Intelligence.
       (3) A description of all compliance dialogue, diplomatic 
     engagement, or other interactions between the United States 
     and the Russian Federation with regard to concerns about 
     actual or potential Russian noncompliance with the Open Skies 
     Treaty, as well as any such dialogue, engagement, or 
     interactions between other Open Skies Treaty parties and the 
     Russian Federation with regard to concerns about Russian 
     actual or potential Russian noncompliance.
       (4) A United States strategy for bringing the Russian 
     Federation into full compliance with its obligations under 
     the Open Skies Treaty, including--
       (A) an assessment of the tools available to the United 
     States for purposes of enforcing compliance with the Open 
     Skies Treaty, including--
       (i) bilateral or multilateral compliance dialogue;
       (ii) the imposition of restrictions upon Russian 
     overflights pursuant to the Open Skies Treaty, either by the 
     United States or other States Party; and
       (iii) the use of pressures or points of political, 
     economic, or military leverage separate from the Open Skies 
     Treaty.
       (B) a description of how United States compliance dialogue 
     with the Russian Federation about the Open Skies Treaty 
     incorporates and integrates the tools described in 
     subparagraph (A); and
       (C) an assessment of whether the Russian Federation is 
     expected to return to full compliance with the Open Skies 
     Treaty, and if so, when and under what conditions this is 
     most likely to occur.
       (5) An assessment of the benefits the Russian Federation 
     receives from the conduct of Open Skies Treaty overflights 
     over European countries and the United States, including--
       (A) The value of such information collection relative to 
     other sources of information available to the Russian 
     Federation; and
       (B) A description of the types of United States and 
     European targets over which Russian overflights pursuant to 
     the Open Skies Treaty have flown, how this target set has 
     evolved over the course of the Russian Federation's Open 
     Skies overflights, and how this target set relates to current 
     Russian military doctrine and planning.
       (6) An assessment of the intelligence value of Open Skies 
     information to States Party to the Open Skies Treaty, other 
     than the

[[Page S3559]]

     United States or the Russian Federation, relative to other 
     sources of information available to such States Party, 
     including commercially-available satellite imagery.
       (7) The impact of Russian noncompliance with the Open Skies 
     Treaty and other international agreements or commitments 
     relating to arms control, international security, or crisis 
     prevention or stability, including the INF Treaty, the 
     Incidents at Sea Agreement, and the Budapest Memorandum, the 
     Biological Weapons Convention, and the CFE Treaty, upon 
     defense and security planning in and among States Party to 
     the Open Skies Treaty, including members of the North 
     Atlantic Treaty Organization.
       (d) Form of Report.--The report required by subsection (c) 
     shall be submitted in an unclassified form, but may include a 
     classified annex.
       (e) Definitions.--In this section:
       (1) Annual arms control and verification compliance 
     report.--The term ``Annual Arms Control and Verification 
     Compliance Report'' means the annual Adherence to and 
     Compliance with Arms Control, Nonproliferation, and 
     Disarmament Agreements and Commitments report required under 
     section 403 of the Arms Control and Disarmament Act (22 
     U.S.C. 2593a).
       (2) Appropriate congressional committees defined.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs, the Committee on 
     Appropriations, the Committee on Armed Services, and the 
     Select Committee on Intelligence of the Senate; and
       (B) the Committee on Foreign Relations, the Committee on 
     Appropriations, the Committee on Armed Services, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (3) Biological weapons convention.--The term ``Biological 
     Weapons Convention'' means the Convention on the Prohibition 
     of the Development, Production and Stockpiling of 
     Bacteriological and Toxin Weapons and on Their Destruction, 
     done at London, Moscow, and Washington April 10, 1972, and 
     entered into force March 26, 1975.
       (4) Budapest memorandum.--The term ``Budapest Memorandum'' 
     means the Memorandum on Security Assurances in Connection 
     with Ukraine's Accession to the Treaty on the Non-
     Proliferation of Nuclear Weapons, done at Budapest December 
     5, 1994.
       (5) CFE treaty.--The term ``CFE Treaty'' means the Treaty 
     on Conventional Armed Forces in Europe done at Vienna 
     November 19, 1990, and entered into force November 9, 1992.
       (6) 2016 compliance report.--The term ``2016 Compliance 
     Report'' means the Report on Adherence to and Compliance With 
     Arms Control, Nonproliferation, and Disarmament Agreements 
     and Commitments published by the United States Department of 
     State on April 11, 2016.
       (7) Incidents at sea agreement.--The term ``Incidents at 
     Sea Agreement'' means the Agreement Between the Government of 
     The United States and the Government of The Union of Soviet 
     Socialist Republics on the Prevention of Incidents On and 
     Over the High Seas, done at Moscow on May 25, 1972, and 
     entered into force on May 25, 1972.
       (8) INF treaty.--The term ``INF Treaty'' means the 
     Intermediate-Range Nuclear Forces Treaty, done at Washington 
     December 8, 1987, and entered into force June 1, 1988.
       (9) Open skies treaty.--The term ``Open Skies Treaty'' 
     means the Treaty on Open Skies, done at Helsinki March 24, 
     1992, and entered into force January 1, 2002.
                                 ______
                                 
  SA 4476. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1085. REPORT ON LACK OF PROCESS BY WHICH MEMBERS OF THE 
                   ARMED FORCES MAY CARRY APPROPRIATE FIREARMS ON 
                   MILITARY INSTALLATIONS.

       Not later than 30 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report that--
       (1) describes in detail why the Department of Defense did 
     not meet the December 31, 2015, deadline specified in section 
     526 of the National Defense Authorization Act for Fiscal Year 
     2016 (Public Law 114-92; 129 Stat. 813; 10 U.S.C. 2672 note) 
     for establishing and implementing a process by which members 
     of the Armed Forces may carry appropriate firearms on 
     military installations; and
       (2) sets forth the anticipated date for implementation of 
     that process.
                                 ______
                                 
  SA 4477. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 40, strike line 15 and all that follows 
     through ``(d)'' on page 42, line 3, and insert ``(c)''.
                                 ______
                                 
  SA 4478. Mr. HOEVEN (for himself and Ms. Klobuchar) 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 815, between lines 3 and 4, insert the following:
       (3) The use of contract services, if necessary, to ensure 
     that enlisted personnel of the Air National Guard and the Air 
     Force Reserve are trained at a rate commensurate with regular 
     enlisted personnel of the Air Force in achieving the 
     transition required by subsection (a) by the date specified 
     in that subsection.
                                 ______
                                 
  SA 4479. Mr. INHOFE (for himself and Mr. Lankford) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1097. AUTHORIZATION FOR USE OF POST-9/11 EDUCATIONAL 
                   ASSISTANCE TO PURSUE INDEPENDENT STUDY PROGRAMS 
                   AT CERTAIN EDUCATIONAL INSTITUTIONS THAT ARE 
                   NOT INSTITUTIONS OF HIGHER LEARNING.

       Paragraph (4) of section 3680A(a) of title 38, United 
     States Code, is amended to read as follows:
       ``(4) any independent study program except an accredited 
     independent study program (including open circuit television) 
     leading--
       ``(A) to a standard college degree;
       ``(B) to a certificate that reflects educational attainment 
     offered by an institution of higher learning; or
       ``(C) to a certificate that reflects completion of a course 
     of study offered by an educational institution that is not an 
     institution of higher learning, such as an area career and 
     technical education school providing education at the 
     postsecondary level.''.
                                 ______
                                 
  SA 4480. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1097. MODIFICATION OF EXCEPTION TO PROHIBITION ON 
                   FINANCING OF SALES OF DEFENSE ARTICLES AND 
                   DEFENSE SERVICES BY EXPORT-IMPORT BANK OF THE 
                   UNITED STATES.

       Section 2(b)(6)(I)(i)(I) of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635(b)(6)(I)(i)(I)) is amended to read as 
     follows:
       ``(I)(aa) the Bank determines that--
       ``(AA) the defense articles or services are nonlethal; and
       ``(BB) the end use of the defense articles or services 
     includes civilian purposes; or
       ``(bb) the President determines that the transaction is in 
     the national security interest of the United States; and''.
                                 ______
                                 
  SA 4481. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1097. MODIFICATION OF EXCEPTION TO PROHIBITION ON 
                   FINANCING OF SALES OF DEFENSE ARTICLES AND 
                   DEFENSE SERVICES BY EXPORT-IMPORT BANK OF THE 
                   UNITED STATES.

       Section 2(b)(6)(I)(i)(I) of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635(b)(6)(I)(i)(I)) is amended to read as 
     follows:
       ``(I)(aa) the Bank determines that the end use of the 
     defense articles or services includes civilian purposes; or

[[Page S3560]]

       ``(bb) the President determines that the transaction is in 
     the national security interest of the United States; and''.
                                 ______
                                 
  SA 4482. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XXXV add the following:

     SEC. ___. APPLICATION OF LAW.

       Section 4301 of title 46, United States Code, is amended by 
     adding at the end the following:
       ``(d) For purposes of any Federal law, except the Federal 
     Water Pollution Control Act (33 U.S.C. 1251 et seq.), any 
     vessel, including a foreign vessel, being repaired or 
     dismantled is deemed to be a recreational vessel, as defined 
     under section 2101(25) of this title, during such repair or 
     dismantling, if that vessel--
       ``(1) shares elements of design and construction of 
     traditional recreational vessels; and
       ``(2) when operating is not normally engaged in a military, 
     commercial, or traditionally commercial undertaking.''.
                                 ______
                                 
  SA 4483. Mr. COTTON (for himself, Mr. Sasse, Mr. Rubio, Mr. Risch, 
Mr. Burr, Mr. Inhofe, and Mr. Cornyn) submitted an amendment intended 
to be proposed by him to the bill S. 2943, to authorize appropriations 
for fiscal year 2017 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 1236. LIMITATION ON CERTIFICATION OR APPROVAL OF NEW 
                   SENSORS FOR USE BY THE RUSSIAN FEDERATION ON 
                   OBSERVATION FLIGHTS UNDER THE OPEN SKIES 
                   TREATY.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) Covered state party.--The term ``covered state party'' 
     means a foreign country that--
       (A) is a state party to the Open Skies Treaty; and
       (B) is a United States ally.
       (3) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
       (4) Observation aircraft, observation flight, and sensor.--
     The terms ``observation aircraft'', ``observation flight'', 
     and ``sensor'' have the meanings given such terms in Article 
     II of the Open Skies Treaty.
       (5) Open skies treaty.--The term ``Open Skies Treaty'' 
     means the Treaty on Open Skies, done at Helsinki March 24, 
     1992, and entered into force January 1, 2002.
       (b) Limitation.--None of the funds authorized to be 
     appropriated by this Act may be obligated or expended to aid, 
     support, permit, or facilitate the certification or approval 
     of any new sensor, including to carry out an initial or 
     exhibition observation flight of an observation aircraft, for 
     use by the Russian Federation on observation flights under 
     the Open Skies Treaty unless the President, in consultation 
     with the Secretary of State, the Secretary of Defense, 
     Secretary of Homeland Security, and the Director of National 
     Intelligence, submits to the appropriate committees of 
     Congress the certification described in subsection (c)(1).
       (c) Certification.--
       (1) In general.--The certification described in this 
     subsection is a certification for a new sensor referred to in 
     subsection (b) that--
       (A) the capabilities of the new sensor do not exceed the 
     capabilities imposed by the Open Skies Treaty, and safeguards 
     are in place to prevent the new sensor, or any information 
     obtained therefrom, from being used in any way not permitted 
     by the Open Skies Treaty;
       (B) the Secretary of Defense, the commanders of relevant 
     combatant commands, the directors of relevant elements of the 
     intelligence community, and the Federal Bureau of 
     Investigation have in place mitigation measures with respect 
     to collection against high-value United States assets and 
     critical infrastructure by the new sensor;
       (C) each covered state party has been notified and briefed 
     on concerns of the intelligence community regarding upgraded 
     sensors used under the Open Skies Treaty, Russian Federation 
     warfighting doctrine, and intelligence collection in support 
     thereof; and
       (D) the Russian Federation is in compliance with all of its 
     obligations under the Open Skies treaty, including the 
     obligation to permit properly-notified covered state party 
     observation flights over all of Moscow, Chechnya, Abkhazia, 
     South Ossetia, and Kaliningrad.
       (2) Specific sensor approval.--The certification described 
     in paragraph (1) shall be required for each sensor and 
     platform for which the Russian Federation has requested 
     approval under to the Open Skies Treaty.
       (d) Waiver Authority.--
       (1) In general.--The President may waive the requirements 
     of subparagraph (D) of subsection (c)(1) if, not later than 
     30 days prior to certifying or approving a new sensor for use 
     by the Russian Federation on observation flights under the 
     Open Skies Treaty, the President submits a certification to 
     the appropriate committees of Congress that the certification 
     or approval of the new sensor is in the national security 
     interest of the United States that includes the following:
       (A) A written explanation of the reasons it is in the 
     national security interest of the United States to certify or 
     approve the sensor.
       (B) The date that the President expects the Russian 
     Federation to come into full compliance with all of its Open 
     Skies Treaty obligations, including the overflight 
     obligations described in subparagraph (D) of subsection 
     (c)(1).
       (C) A detailed description of efforts made by the United 
     States Government to bring the Russian Federation into full 
     compliance with the Open Skies Treaty.
       (2) Form.--Each certification submitted under paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 4484. Mrs. ERNST (for herself and Mr. Johnson) 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. BIODEFENSE STRATEGY.

       (a) In General.--Title V of the Homeland Security Act of 
     2002 (6 U.S.C. 311 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 527. NATIONAL BIODEFENSE STRATEGY.

       ``(a) Definitions.--In this section--
       ``(1) the term `biodefense' means any involvement in 
     mitigating the risks of major biological incidents and public 
     health emergencies to the United States, including with 
     respect to--
       ``(A) threat awareness;
       ``(B) prevention and protection;
       ``(C) surveillance and detection;
       ``(D) response and recovery; and
       ``(E) attribution of an intentional biological incident;
       ``(2) the term `Council' means the Biodefense Coordination 
     Council established under subsection (b);
       ``(3) the term `Federal biodefense enterprise' means the 
     programs, projects, activities, and resources across the 
     Federal Government that are involved in biodefense; and
       ``(4) the term `Strategy' means the National Biodefense 
     Strategy required to be established under subsection (b)(5).
       ``(b) Biodefense Coordination Council.--
       ``(1) Establishment.--The President shall establish a 
     Biodefense Coordination Council, which shall be comprised of, 
     at a minimum--
       ``(A) the Secretary of Health and Human Services;
       ``(B) the Secretary of Agriculture;
       ``(C) the Secretary of Defense;
       ``(D) the Secretary;
       ``(E) the Secretary of State;
       ``(F) the Director of National Intelligence; and
       ``(G) the Administrator of the Environmental Protection 
     Agency.
       ``(2) Duties.--The Council shall--
       ``(A) provide the expertise necessary to develop the 
     Strategy; and
       ``(B) in coordination with the Office of Management and 
     Budget, review, prioritize, and align necessary biodefense 
     activities and spending across the Federal Government, in a 
     manner consistent with the Strategy.
       ``(3) Rotating chair.--During the 4-year period beginning 
     on the date on which the Council is established, and each 4-
     year period thereafter, each of the 4 Secretaries described 
     in subparagraphs (A) through (D) of paragraph (1) shall serve 
     as the chairperson for the Council for 1 year. The first 
     chairperson of the Council shall be the Secretary of Health 
     and Human Services.
       ``(4) President's annual budget.--The recommendations of 
     the Council shall inform the budget submitted by the 
     President under section 1105 of title 31, United States Code, 
     with respect to biodefense activities.
       ``(5) Strategy.--The President shall develop a National 
     Biodefense Strategy to direct and align the inter-
     governmental and multi-disciplinary efforts of the Federal 
     Government towards an effective and continuously improving 
     biodefense enterprise, including threat awareness, prevention 
     and protection, surveillance and detection, and

[[Page S3561]]

     response and recovery to major biological incidents.
       ``(c) Coordination.--
       ``(1) Council.--In developing the Strategy, the President 
     shall utilize the Council.
       ``(2) Other agencies.--In developing the Strategy, the 
     President may utilize--
       ``(A) the Secretary of Commerce;
       ``(B) the Attorney General; and
       ``(C) any other Federal department, agency, or interagency 
     body the President determines appropriate, including the 
     Public Health Emergency Medical Countermeasures Enterprise.
       ``(3) Other entities.--The President may receive input on 
     elements of the Strategy from private sector biodefense 
     entities and State, local, tribal, and territorial 
     governments.
       ``(4) Academic institutions.--The President may receive 
     input on elements of the Strategy from academic institutions.
       ``(d) Coordination With Existing Strategies.--The Strategy 
     shall serve as a comprehensive guide for United States 
     biodefense that directs and harmonizes all other strategies 
     or plans established or maintained by a Federal department or 
     agency with respect to biodefense.
       ``(e) Contents.--
       ``(1) Requirements.--The Strategy shall include, at a 
     minimum--
       ``(A) a comprehensive description of the entities and 
     positions of leadership with responsibility, authority, and 
     accountability for implementing, overseeing, and coordinating 
     Federal biodefense activities described in subsection (b)(5), 
     including a description of how such entities coordinate on 
     each aspect of biodefense;
       ``(B) 5-year goals, priorities, and metrics to improve and 
     strengthen the ability of the Federal Government to prevent, 
     detect, respond to, and recover from a major biological 
     incident;
       ``(C) short- and long-term research and development 
     projects or initiatives planned to improve biodefense 
     capability; and
       ``(D) recommendations for legislative action needed to 
     expedite progression toward the goals identified in the 
     Strategy.
       ``(2) Considerations.--In developing the Strategy, the 
     President may consider--
       ``(A) the trade-offs made between differing goals and 
     requirements, due to constraints in expected assets and 
     resources over the time period of such goals and 
     requirements; and
       ``(B) any other analysis the President determines 
     appropriate.
       ``(3) Analysis.--The Strategy shall include an appendix, 
     which shall contain--
       ``(A) a review of current and previous collaborative 
     efforts between the Armed Forces and the civilian sector of 
     the Federal Government on biodefense activities and 
     coordination;
       ``(B) a detailed analysis of the--
       ``(i) relevant recommendations issued by external 
     biodefense review panels or commissions, and the extent to 
     which the recommendations have been considered and 
     implemented by Federal departments and agencies;
       ``(ii) lessons learned from the response of the Federal 
     Government to public health emergencies occurring within the 
     5 years preceding the submission of the strategy;
       ``(iii) risks associated with major biological incidents;
       ``(iv) resources and capabilities needed to address 
     identified risks; and
       ``(v) resource and capability gaps in the Federal 
     biodefense enterprise, including gaps in--

       ``(I) each category of biodefense activity described in 
     subsection (a)(1);
       ``(II) identification and research of emerging biological 
     threats;
       ``(III) programs, projects, and activities in effect before 
     the date of enactment of this section;
       ``(IV) strategies and implementation plans related to 
     biodefense activities in effect before the date of enactment 
     of this section;
       ``(V) the ability to reallocate Federal resources to 
     address risks posed by emerging biological threats; and
       ``(VI) meeting the needs of vulnerable populations during 
     the response to and recovery from a public health emergency; 
     and

       ``(C) prioritization and allocation of investment across 
     the Federal biodefense enterprise.
       ``(f) Deadline.--Not later than 24 months after the date of 
     enactment of this section and in accordance with subsection 
     (k), the President shall submit the Strategy to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Homeland Security of the House of 
     Representatives.
       ``(g) Status Updates.--Not later than 180 days after the 
     date of enactment of this section, and every 180 days 
     thereafter until the date on which the Strategy is submitted 
     to the congressional committees described in subsection (f), 
     the President shall submit to such congressional committees 
     an update on the status of the Strategy.
       ``(h) Requirement.--In accordance with subsection (k), the 
     Strategy shall be made available on a public Internet 
     website.
       ``(i) Five-Year Update.--Beginning 5 years after the date 
     on which the Strategy is submitted to the congressional 
     committees described in subsection (f), and not less 
     frequently than every 5 years thereafter, the President shall 
     update the Strategy.
       ``(j) Annual Biodefense Expenditures Report.--
       ``(1) In general.--Not later than 30 days after the date on 
     which the President submits a budget to Congress under 
     section 1105 of title 31, United States Code, the President 
     shall submit to the appropriate congressional committees a 
     report detailing the total amount of expenditures on 
     biodefense activities by all Federal departments and agencies 
     and how the expenditures relate to the goals and priorities 
     required under subsection (e)(1)(B).
       ``(2) Requirement.--The first report submitted under 
     paragraph (1) shall provide historical context by detailing 
     the total amount of expenditures on biodefense for the 3 
     preceding fiscal years, in addition to the fiscal year 
     requirements for the fiscal year covered by the report.
       ``(k) Classified Annex.--To the fullest extent possible, 
     any reports required to be made publicly available under this 
     section shall be unclassified, but may include classified 
     annexes that shall be submitted concurrently to the 
     congressional homeland security committees.''.
       (b) Table of Contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) 
     is amended by inserting after the item relating to section 
     526 the following:

``Sec. 527. National Biodefense Strategy.''.
                                 ______
                                 
  SA 4485. Mrs. ERNST 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. MEAT OPTIONS.

       (a) In General.--The Secretary of Defense shall ensure 
     that, on a daily basis, members of the Armed Forces at 
     Department of Defense dining facilities are provided with 
     meat options that meet or exceed the nutritional standards 
     established in the most recent Dietary Guidelines for 
     Americans published under section 301 of the National 
     Nutrition Monitoring and Related Research Act of 1990 (7 
     U.S.C. 5341).
       (b) Prohibition.--None of the funds authorized to be 
     appropriated by this Act may be obligated or expended to 
     establish or enforce ``Meatless Monday'' or any other program 
     explicitly designed to reduce the amount of animal protein 
     that members of the Armed Forces voluntarily consume.
                                 ______
                                 
  SA 4486. Mr. CRUZ (for himself, Mr. Lee, and Mr. Lankford) submitted 
an amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1097. IANA FUNCTIONS CONTRACT; UNITED STATES GOVERNMENT 
                   OWNERSHIP OF CERTAIN DOMAINS.

       (a) Findings.--Congress finds the following:
       (1) The Department of Commerce and the National 
     Telecommunications and Information Administration (in this 
     section referred to as the ``NTIA'') should be responsible 
     for maintaining the continuity and stability of services 
     related to certain interdependent Internet technical 
     management functions, known collectively as the Internet 
     Assigned Numbers Authority (in this section referred to as 
     the ``IANA''), which includes--
       (A) the coordination of the assignment of technical 
     Internet protocol parameters;
       (B) the administration of certain responsibilities 
     associated with the Internet domain name system root zone 
     management;
       (C) the allocation of Internet numbering resources; and
       (D) other services related to the management of the 
     Advanced Research Project Agency and INT top-level domains.
       (2) The interdependent technical functions described in 
     paragraph (1) were performed on behalf of the Federal 
     Government under a contract between the Defense Advanced 
     Research Projects Agency and the University of Southern 
     California as part of a research project known as the Tera-
     node Network Technology project. As the Tera-node Network 
     Technology project neared completion and the contract neared 
     expiration in 1999, the Federal Government recognized the 
     need for the continued performance of the IANA functions as 
     vital to the stability and correct functioning of the 
     Internet.
       (3) The NTIA may use its contract authority to maintain the 
     continuity and stability of services related to the IANA 
     functions.
       (4) If the NTIA uses its contract authority, the 
     contractor, in the performance of its duties, must have or 
     develop a close constructive working relationship with all 
     interested and affected parties to ensure quality and 
     satisfactory performance of the IANA functions. The 
     interested and affected parties include--
       (A) the multi-stakeholder, private sector led, bottom-up 
     policy development model for

[[Page S3562]]

     the domain name system that the Internet Corporation for 
     Assigned Names and Numbers represents;
       (B) the Internet Engineering Task Force and the Internet 
     Architecture Board;
       (C) Regional Internet Registries;
       (D) top-level domain operators and managers, such as 
     country codes and generic;
       (E) governments; and
       (F) the Internet user community.
       (5) The IANA functions contract of the Department of 
     Commerce explicitly declares that ``[a]ll deliverables 
     provided under this contract become the property of the U.S. 
     Government.''. One of the deliverables is the automated root 
     zone.
       (6) Former President Bill Clinton's Internet czar Ira 
     Magaziner stated that ``[t]he United States paid for the 
     Internet, the Net was created under its auspices, and most 
     importantly everything [researchers] did was pursuant to 
     government contracts.''
       (7) Under section 3 of article IV of the Constitution of 
     the United States, Congress has the exclusive power to 
     ``dispose of and make all needful Rules and Regulations 
     respecting the Territory or other Property belonging to the 
     United States''.
       (8) The .gov and .mil top-level domains are the property of 
     the United States Government, and as property, the United 
     States Government should have the exclusive control and use 
     of those domains in perpetuity.
       (b) Maintaining the IANA Functions Contract.--The Assistant 
     Secretary of Commerce for Communications and Information may 
     not allow the responsibility of the National 
     Telecommunications and Information Administration with 
     respect to the Internet domain name system functions, 
     including responsibility with respect to the authoritative 
     root zone file and the performance of the Internet Assigned 
     Numbers Authority functions, to terminate, lapse, expire, be 
     cancelled, or otherwise cease to be in effect unless a 
     Federal statute enacted after the date of enactment of this 
     Act expressly grants the Assistant Secretary such authority.
       (c) Exclusive United States Government Ownership and 
     Control of .gov and .mil Domains.--Not later than 60 days 
     after the date of enactment of this Act, the Assistant 
     Secretary of Commerce for Communications and Information 
     shall provide to Congress a written certification that the 
     United States Government has--
       (1) secured sole ownership of the .gov and .mil top-level 
     domains; and
       (2) entered into a contract with the Internet Corporation 
     for Assigned Names and Numbers that provides that the United 
     States Government has exclusive control and use of those 
     domains in perpetuity.
                                 ______
                                 
  SA 4487. 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 I of title X, add the following:

     SEC. 1097. LOW-INCOME SEWER AND WATER ASSISTANCE PILOT 
                   PROGRAM.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 123. LOW-INCOME SEWER AND WATER ASSISTANCE PILOT 
                   PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means a 
     municipality or a public entity that owns or operates a 
     public water system that is affected by a consent decree 
     relating to compliance with this Act.
       ``(2) Household.--The term `household' means any individual 
     or group of individuals who are living together as 1 economic 
     unit.
       ``(3) Low-income household.--The term `low-income 
     household' means a household--
       ``(A) in which 1 or more individuals are receiving--
       ``(i) assistance under a State program funded under part A 
     of title IV of the Social Security Act (42 U.S.C. 601 et 
     seq.);
       ``(ii) supplemental security income payments under title 
     XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
       ``(iii) supplemental nutrition assistance program benefits 
     under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 
     seq.); or
       ``(iv) payments under--

       ``(I) section 1315, 1521, 1541, or 1542 of title 38, United 
     States Code; or
       ``(II) section 306 of the Veterans' and Survivors' Pension 
     Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95-
     588); or

       ``(B) that has an income determined by the State in which 
     the eligible entity is located to not exceed the greater of--
       ``(i) an amount equal to 150 percent of the poverty level 
     for that State; or
       ``(ii) an amount equal to 60 percent of the median income 
     for that State.
       ``(4) Public water system.--The term `public water system' 
     has the meaning given the term in section 1401 of the Safe 
     Drinking Water Act (42 U.S.C. 300f).
       ``(5) Sanitation services.--The term `sanitation services' 
     has the meaning given the term in section 113(g).
       ``(b) Establishment.--
       ``(1) In general.--The Administrator shall establish a 
     pilot program to award grants to not fewer than 10 eligible 
     entities to assist low-income households in maintaining 
     access to sanitation services.
       ``(2) Lower income limit.--For purposes of this section, a 
     State may adopt an income limit that is lower than the limit 
     described in subsection (a)(3)(B), except that the State may 
     not exclude a household from eligibility in a fiscal year 
     based solely on household income if that income is less than 
     110 percent of the poverty level for that State.
       ``(c) Report.--Not later than 1 year after the date of 
     enactment of this section, the Administrator shall submit to 
     Congress a report on the results of the program established 
     under this section.''.
                                 ______
                                 
  SA 4488. 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 B of title II, add the following:

     SEC. 306. COMPLIANCE OF MILITARY HOUSING WATER SUPPLIES WITH 
                   FEDERAL AND STATE DRINKING WATER STANDARDS.

       (a) Study.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall conduct 
     a study to determine whether members of the Armed Forces and 
     their families who live in military housing in the United 
     States have access to water that complies with State and 
     Federal drinking water standards.
       (b) Compliance Measures.--If the Secretary finds that water 
     available to members of the Armed Forces and their families 
     who live in military housing does not meet State or Federal 
     drinking water standards, the Secretary shall--
       (1) take immediate steps to bring noncompliant water 
     sources into compliance with State and Federal standards; and
       (2) within 30 days of discovering that a water source does 
     not meet State or Federal drinking water standards, provide 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives and the congressional delegation of 
     the affected State written verification describing the 
     noncompliant water sources, including the location of all 
     affected members of the Armed Forces, and an explanation 
     about how the Secretary will bring the water source into 
     compliance with State and Federal standards.
                                 ______
                                 
  SA 4489. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. NOTIFICATION OF PROPOSED CHANGES TO THE AIR FORCE 
                   STRATEGIC BASING PROCESS.

       Not later than 30 days after making a determination to 
     change the concept of operations, basing objectives, 
     criteria, policies, programming, planning, or directives of 
     the strategic basing process, the Secretary of the Air Force 
     shall notify Congress of the proposed change. The 
     notification shall include a briefing by the Chair of the 
     Strategic Basing Executive Steering Group and a detailed, 
     written risk assessment and analysis report regarding the 
     change.
                                 ______
                                 
  SA 4490. 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 D of title XIV, add the following:

     SEC. 1433. TERMINATION OF REDUCTION TO UNDISTRIBUTED DEFENSE 
                   HEALTH PROGRAM RELATING TO FERTILITY TREATMENT 
                   BENEFITS.

       (a) Termination of Reduction.--The reduction in the amount 
     available for undistributed Defense Health Program relating 
     to unauthorized fertility treatment benefits otherwise to be 
     made by reason of the funding table in section 4501 shall 
     note be made.
       (b) Increase in Amount Authorized for Defense Health 
     Program for Benefits.--The amount authorized to be 
     appropriated for fiscal year 2017 for the Defense Health 
     Program by section 1405 is hereby increased by $38,000,000, 
     with the amount of the increase to be allocated to 
     undistributed Defense Health Program as specified in the 
     funding table in section 4501 and available for unauthorized 
     fertility treatment benefits.

[[Page S3563]]

  

                                 ______
                                 
  SA 4491. Mr. BENNET (for himself, Mr. Blumenthal, Mrs. Gillibrand, 
and Ms. Baldwin) submitted an amendment intended to be proposed by him 
to the bill S. 2943, to authorize appropriations for fiscal year 2017 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Procurement, Defense-wide.--The amount authorized to be 
     appropriated for fiscal year 2017 for the Department of 
     Defense by section 101 is hereby increased by $290,000,000, 
     with the amount of increase to be available for procurement, 
     Defense-wide, as specified in the funding table in section 
     4101 and available for procurement for the following:
       (1) Iron Dome, $20,000,000.
       (2) David's Sling Weapon System, $150,000,000.
       (3) Arrow 3 Upper Tier, $120,000,000.
       (b) RDT&E, Defense-wide.--The amount authorized to be 
     appropriated for fiscal year 2017 for the Department of 
     Defense by section 201 is hereby increased by $29,900,000, 
     with the amount of increase to be available for research, 
     development, test, and evaluation, Defense-wide, as specified 
     in the funding table in section 4201 and available for 
     research, development, test, and evaluation for the 
     following:
       (1) David's Sling Weapon System, $19,300,000.
       (2) Arrow 3 Upper Tier, $4,100,000.
       (3) Base Arrow, $6,500,000.
       (c) Construction of Increase.--Amounts available under 
     subsection (a) for procurement for items specified in 
     subsection (a), and amounts available under subsection (b) 
     for research, development, test, and evaluation for items 
     specified in subsection (b), are in addition to any other 
     amounts available for such purposes for such items in this 
     Act.
       (d) Offset.--Amounts for the aggregate of the increases in 
     subsections (a) and (b) shall be derived as follows:
       (1) From a reduction of $219,900,000 in the amount of 
     savings otherwise available for fiscal year 2017 in 
     connection with bulk fuel as specified in the funding table 
     in section 4301.
       (2) From a reduction of $100,000,000 in the amount 
     authorized to be appropriated for fiscal year 2017 for lift 
     and sustain to maintain program affordability as specified in 
     the funding table in section 4302.
                                 ______
                                 
  SA 4492. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2814. DURATION OF UTILITY ENERGY SERVICE CONTRACTS.

       Section 2913 of title 10, United States Code, is amended by 
     adding at the end the following new subsections:
       ``(e) Duration of Contracts.--An utility energy service 
     contract entered into under this section may have a contract 
     period not to exceed 25 years.
       ``(f) Verification Requirements.--The conditions of an 
     utility energy service contract entered into under this 
     section shall include requirements for measurement, 
     verification, and performance assurances or guarantees of the 
     savings.''.
                                 ______
                                 
  SA 4493. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 590. ATOMIC VETERANS SERVICE MEDAL.

       (a) Service Medal Required.--The Secretary of Defense shall 
     design and produce a military service medal, to be known as 
     the ``Atomic Veterans Service Medal'', to honor retired and 
     former members of the Armed Forces who are radiation-exposed 
     veterans (as such term is defined in section 1112(c)(3) of 
     title 38, United States Code).
       (b) Distribution of Medal.--
       (1) Issuance to retired and former members.--At the request 
     of a radiation-exposed veteran, the Secretary of Defense 
     shall issue the Atomic Veterans Service Medal to the veteran.
       (2) Issuance to next-of-kin.--In the case of a radiation-
     exposed veteran who is deceased, the Secretary may provide 
     for issuance of the Atomic Veterans Service Medal to the 
     next-of-kin of the person.
       (3) Application.--The Secretary shall prepare and 
     disseminate as appropriate an application by which radiation-
     exposed veterans and their next-of-kin may apply to receive 
     the Atomic Veterans Service Medal.
                                 ______
                                 
  SA 4494. 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 title XXXIII, add the following:

     SEC. 3308. RULEMAKING ESTABLISHING MINIMUM LIABILITY 
                   INSURANCE LEVELS FOR PILOTS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall initiate a rulemaking to establish 
     minimum levels of liability insurance for any pilot covered 
     under this title.
                                 ______
                                 
  SA 4495. 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:

       Strike title XXXIII and insert the following:

    TITLE XXXIII--EXEMPTION FROM MEDICAL CERTIFICATION REQUIREMENTS

     SEC. 3301. REPORTING BY PILOTS EXEMPT FROM MEDICAL 
                   CERTIFICATION REQUIREMENTS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Transportation shall require any 
     pilot who is exempt from medical certification requirements 
     to submit, not less frequently than once every 180 days, a 
     report to the Department of Transportation that--
       (1) identifies the pilot's status as an active pilot; and
       (2) includes a summary of the pilot's recent flight hours.

     SEC. 3302. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ASSESSING 
                   EFFECT ON PUBLIC SAFETY OF EXEMPTION FOR SPORT 
                   PILOTS FROM REQUIREMENT FOR A MEDICAL 
                   CERTIFICATE.

       Not later than 2 years after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that assesses the effect of section 
     61.23(c)(ii) of title 14, Code of Federal Regulations 
     (permitting a person to exercise the privileges of a sport 
     pilot certificate without holding a medical certificate), on 
     public safety since 2004.
                                 ______
                                 
  SA 4496. Mr. KAINE (for himself, Mr. Flake, and Mr. Nelson) submitted 
an amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

Subtitle I--Authority for the Use of Military Force Against the Islamic 
                      State of Iraq and the Levant

     SEC. 1281. FINDINGS.

       Congress makes the following findings:
       (1) The terrorist organization that has referred to itself 
     as the Islamic State of Iraq and the Levant and various other 
     names (in this subtitle referred to as ``ISIL'') poses a 
     grave threat to the people and territorial integrity of Iraq 
     and Syria, regional stability, and the national security 
     interests of the United States and its allies and partners.
       (2) ISIL holds significant territory in Iraq and Syria and 
     has stated its intention to seize more territory and 
     demonstrated the capability to do so.
       (3) ISIL leaders have stated that they intend to conduct 
     terrorist attacks internationally, including against the 
     United States, its citizens, and interests.
       (4) ISIL has committed despicable acts of violence and mass 
     executions against Muslims, regardless of sect, who do not 
     subscribe to ISIL's depraved, violent, and oppressive 
     ideology.
       (5) ISIL has threatened genocide and committed vicious acts 
     of violence against religious and ethnic minority groups, 
     including Iraqi Christian, Yezidi, and Turkmen populations.
       (6) ISIL has targeted innocent women and girls with 
     horrific acts of violence, including

[[Page S3564]]

     abduction, enslavement, torture, rape, and forced marriage.
       (7) ISIL is responsible for the deaths of innocent United 
     States citizens, including James Foley, Steven Sotloff, 
     Abdul-Rahman Peter Kassig, and Kayla Mueller.
       (8) The United States is working with regional and global 
     allies and partners to degrade and defeat ISIL, to cut off 
     its funding, to stop the flow of foreign fighters to its 
     ranks, and to support local communities as they reject ISIL.
       (9) The announcement of the anti-ISIL Coalition on 
     September 5, 2014, during the NATO Summit in Wales, stated 
     that ISIL poses a serious threat and should be countered by a 
     broad international coalition.
       (10) The United States calls on its allies and partners, 
     particularly in the Middle East and North Africa, to join the 
     anti-ISIL Coalition and defeat this terrorist threat.
       (11) President Barack Obama, United States military 
     leaders, and United States allies in the region have made 
     clear that it is more effective to use the unique 
     capabilities of the United States Government to support 
     regional partners instead of large-scale deployments of 
     United States ground forces in this mission.

     SEC. 1282. AUTHORIZATION FOR USE OF UNITED STATES ARMED 
                   FORCES.

       (a) Authorization.--The President is authorized to use the 
     Armed Forces of the United States as the President determines 
     necessary and appropriate against ISIL or associated persons 
     or forces as defined in section 1285.
       (b) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution (50 U.S.C. 
     1547(a)(1)), Congress declares that this section is intended 
     to constitute specific statutory authorization within the 
     meaning of section 5(b) of the War Powers Resolution (50 
     U.S.C. 1544(b)).
       (2) Applicability of other requirements.--Nothing in this 
     subtitle supersedes any requirements of the War Powers 
     Resolution (50 U.S.C. 1541 et seq.).
       (c) Purpose.--The purpose of this authorization is to 
     protect the lives of United States citizens and to provide 
     military support to regional partners in their battle to 
     defeat ISIL. The use of significant United States ground 
     troops in combat against ISIL, except to protect the lives of 
     United States citizens from imminent threat, is not 
     consistent with such purpose.

     SEC. 1283. DURATION OF AUTHORIZATION.

       The authorization for the use of military force under this 
     subtitle shall terminate three years after the date of the 
     enactment of this Act, unless reauthorized.

     SEC. 1284. REPORTS.

       The President shall report to Congress at least once every 
     six months on specific actions taken pursuant to this 
     authorization.

     SEC. 1285. ASSOCIATED PERSONS OR FORCES DEFINED.

       In this subtitle, the term ``associated persons or 
     forces''--
       (1) means individuals and organizations fighting for, on 
     behalf of, or alongside ISIL or any closely-related successor 
     entity in hostilities against the United States or its 
     coalition partners; and
       (2) refers to any individual or organization that presents 
     a direct threat to members of the United States Armed Forces, 
     coalition partner forces, or forces trained by the coalition, 
     in their fight against ISIL.

     SEC. 1286. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ.

       The Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 
     U.S.C. 1541 note) is hereby repealed.

     SEC. 1287. SOLE STATUTORY AUTHORITY FOR MILITARY ACTION 
                   AGAINST ISIL.

       This authorization shall constitute the sole statutory 
     authority for United States military action against the 
     Islamic State of Iraq and the Levant and associated persons 
     or forces, and supersedes any prior authorization for the use 
     of military force involving action against ISIL.
                                 ______
                                 
  SA 4497. Mr. KAINE (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 H of title XII, add the following:

     SEC. 1227. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE.

       (a) Purpose.--The purpose of this section is to encourage a 
     new Administration to work with Congress in its first two 
     years to effectively revise the 2001 Authorization for Use of 
     Military Force (Public Law 107-40; 50 U.S.C. 1541 note).
       (b) Findings.--Congress makes the following findings:
       (1) The 2001 Authorization for Use of Military Force is now 
     nearly 15 years old.
       (2) A new Administration should determine how the United 
     States continues to fight terrorism in a disciplined way 
     consistent with the authorities provided under Article I and 
     II of the Constitution and the War Powers Resolution (50 
     U.S.C. 1541 et seq.).
       (c) Qualifying Legislation Defined.--In this section, the 
     term ``qualifying legislation'' means--
       (1) proposed legislation submitted by the President under 
     subsection (d) not later than the date specified in such 
     subsection;
       (2) in the event the President does not submit such 
     proposed legislation by such date, legislation reported by 
     the Committee on Foreign Relations of the Senate or the 
     Committee on Foreign Affairs of the House of Representatives 
     after such date and not later than November 20, 2017, that 
     refines, modifies, or repeals the authorization for the use 
     of force provided in the Authorization for Use of Military 
     Force (Public Law 107-40, 155 Stat. 224), enacted on 
     September 18, 2001; or
       (3) in the event proposed legislation is not submitted or 
     reported as described under paragraph (1) or (2), 
     respectively, legislation that refines, modifies, or repeals 
     the authorization for the use of force provided in the 
     Authorization for Use of Military Force (Public Law 107-40, 
     155 Stat. 224) that is introduced by any member of the Senate 
     or House of Representatives after November 20, 2017.
       (d) Required Presidential Submission.--Not later than 
     September 20, 2017, the President shall submit to Congress 
     proposed legislation that refines, modifies, or repeals the 
     authorization for the use of force provided in the 
     Authorization for Use of Military Force (Public Law 107-40, 
     155 Stat. 224) (in this section referred to as ``qualifying 
     legislation'').
       (e) Introduction of Qualifying Legislation Submitted by 
     President.--Proposed legislation submitted by the President 
     under subsection (d) shall be introduced in the Senate (by 
     request) on the next day on which the Senate is in session by 
     the majority leader of the Senate or by a member of the 
     Senate designated by the majority leader of the Senate and 
     shall be introduced in the House of Representatives (by 
     request) on the next legislative day by the majority leader 
     of the House or by a member of the House designated by the 
     majority leader of the House.
       (f) Expedited Consideration of Qualifying Legislation.--
       (1) Consideration in the house of representatives.--
       (A) Committee referral and discharge.--If a committee of 
     the House to which qualifying legislation described in 
     paragraph (1) or paragraph (3) of subsection (c) has been 
     referred has not reported such qualifying legislation within 
     10 legislative days after such referral, that committee shall 
     be discharged from further consideration thereof.
       (B) Floor consideration.--When the committee to which 
     qualifying legislation described in paragraph (1) or 
     paragraph (3) of subsection (c) has been referred has 
     reported, or has been deemed to be discharged (under 
     paragraph (1) of this subsection) from further consideration 
     of, such qualifying legislation, or when a committee has 
     reported qualifying legislation described in subsection 
     (c)(2), it is at any time thereafter 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 qualifying legislation, and all points 
     of order against the motion to proceed are waived. The motion 
     is highly privileged in the House of Representatives. 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 qualifying 
     legislation is agreed to, the qualifying legislation shall 
     remain the unfinished business of the House until disposed 
     of.
       (2) Consideration in the senate.--
       (A) Committee referral.--Qualifying legislation described 
     in paragraph (1) or paragraph (3) of subsection (c) that is 
     introduced in the Senate shall be referred to the Committee 
     on Foreign Relations.
       (B) Reporting and discharge.--If the Committee on Foreign 
     Relations has not reported such qualifying legislation within 
     10 days upon which the Senate is in session after such 
     referral, that committee shall be discharged from further 
     consideration thereof and such legislation shall be placed on 
     the appropriate calendar.
       (C) Floor consideration.--When the Committee on Foreign 
     Relations has reported, or has been discharged (under 
     paragraph (1) of this subsection) from further consideration 
     of, qualifying legislation described in paragraph (1) or 
     paragraph (3) of subsection (c), or when the Committee on 
     Foreign Relations has reported qualifying legislation 
     described in subsection (c)(2), it is at any time thereafter 
     in order (even though a previous motion to the same effect 
     has been disagreed to) for any Senator, notwithstanding Rule 
     XXII of the Standing Rules of the Senate, to move to proceed 
     to the consideration of the qualifying legislation, and all 
     points of order against the motion to proceed are waived. The 
     motion is not subject to a motion to postpone, or to a motion 
     to proceed to the consideration of other business. The motion 
     is not debatable. 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 
     qualifying legislation is agreed to, the qualifying 
     legislation shall remain the unfinished business of the 
     Senate until disposed of.
       (3) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--

[[Page S3565]]

       (A) as an exercise of the rulemaking power of the Senate 
     and the 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 legislation described 
     in those sections, and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (B) 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.
       (g) Reports to Congress.--
       (1) Strategy.--Not later than September 20, 2017, the 
     President shall submit to the appropriate congressional 
     committees and leadership a written report setting forth a 
     comprehensive strategy of the United States, encompassing 
     military, economic, humanitarian, and diplomatic efforts, to 
     protect Americans from al Qaeda, the Taliban, the Islamic 
     State of Iraq and the Levant (wISIL), and transnational 
     terrorist organizations that the President has determined 
     threaten the national security of United States and to 
     support international partners in their fight to defeat such 
     organizations.
       (2) Implementation of strategy.--
       (A) In general.--Not later than September 20, 2017, and 
     every 180 days thereafter, the President shall submit to the 
     appropriate congressional committees and leadership a 
     description and assessment of the implementation of the 
     strategy set forth in the report required by paragraph (1), 
     including a description of any substantive change to the 
     comprehensive strategy, including the reason for the change 
     and the change's effect on the rest of the comprehensive 
     strategy.
       (B) Required elements of the report.--The report required 
     under subparagraph (A) shall include the specific military 
     actions taken to address the threat posed by transnational 
     terrorist organizations and associated persons or forces, 
     including--
       (i) the persons and forces targeted by such actions;
       (ii) the nature and location of such actions;
       (iii) an evaluation of the effectiveness of such actions; 
     and
       (iv) a description of and justification for the specific 
     authorities relied upon for such actions.
       (3) Report on actions in foreign countries.--Not later than 
     30 days after the date of the enactment of this Act, the 
     President shall submit to the appropriate congressional 
     committees and leadership a report detailing all foreign 
     countries in which the United States government is 
     conducting, or is preparing to conduct, specific actions 
     described in paragraph (2)(B), and shall update this report 
     no less than 48 hours before such actions take place in a new 
     country, unless exigent circumstances exist.
       (4) Covered persons and forces.--Not later than 30 days 
     after the date of the enactment of this Act, the President 
     shall submit to Congress a list of the organizations, 
     persons, or forces against which the United States is 
     conducting military operations pursuant to the 2001 
     Authorization for Use of Military Force (Public Law 107-40, 
     155 Stat. 224) or the Authorization for Use of Military Force 
     Against Iraq Resolution of 2002 (Public Law 107-243; 116 
     Stat. 1498; 50 U.S.C. 1541 note), or Article II of the 
     Constitution of the United States, respectively, along with a 
     justification for the inclusion of such organizations, 
     persons, or forces, and classified information relating 
     thereto. The list shall be updated at least every 90 days.
       (5) Appropriate congressional committees and leadership 
     defined.--In this subsection, the term ``appropriate 
     congressional committees and leadership'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Select Committee on Intelligence, the 
     Committee on Appropriations, and the Majority and Minority 
     Leaders of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Permanent Select Committee on 
     Intelligence, the Committee on Appropriations, and the 
     Speaker, Majority Leader, and Minority Leader of the House of 
     Representatives.
       (h) Repeal.--The Authorization for Use of Military Force 
     (Public Law 107-40; 50 U.S.C. 1541 note) shall terminate on 
     January 1, 2019.
                                 ______
                                 
  SA 4498. 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 title X, add the following:

 Subtitle J--Treatment of Employees of Department of Veterans Affairs 
                    and Protection of Whistleblowers

     SEC. 1097. REMOVAL OR DEMOTION OF EMPLOYEES OF THE DEPARTMENT 
                   OF VETERANS AFFAIRS BASED ON PERFORMANCE OR 
                   MISCONDUCT.

       (a) In General.--Chapter 7 of title 38, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 714. Employees: removal or demotion based on 
       performance or misconduct

       ``(a) In General.--(1) The Secretary may remove or demote 
     an individual who is an employee of the Department if the 
     Secretary determines the performance or misconduct of the 
     individual warrants such removal or demotion.
       ``(2) A determination under paragraph (1) that the 
     performance or misconduct of an individual warrants removal 
     or demotion may consist of a determination of any of the 
     following:
       ``(A) The individual neglected a duty of the position in 
     which the individual was employed.
       ``(B) The individual engaged in malfeasance.
       ``(C) The individual failed to accept a directed 
     reassignment or to accompany a position in a transfer of 
     function.
       ``(D) The individual violated a policy of the Department.
       ``(E) The individual violated a provision of law.
       ``(F) The individual engaged in insubordination.
       ``(G) The individual over prescribed medication.
       ``(H) The individual contributed to the purposeful omission 
     of the name of one or more veterans waiting for health care 
     from an electronic wait list for a medical facility of the 
     Department.
       ``(I) The individual was the supervisor of an employee of 
     the Department, or was a supervisor of the supervisor, at any 
     level, who contributed to a purposeful omission as described 
     in subparagraph (H) and knew, or reasonably should have 
     known, that the employee contributed to such purposeful 
     omission.
       ``(J) Such other performance or misconduct as the Secretary 
     determines warrants the removal or demotion of the individual 
     under paragraph (1).
       ``(3) If the Secretary removes or demotes an individual as 
     described in paragraph (1), the Secretary may--
       ``(A) remove the individual from the civil service (as 
     defined in section 2101 of title 5); or
       ``(B) demote the individual by means of--
       ``(i) a reduction in grade for which the individual is 
     qualified and that the Secretary determines is appropriate; 
     or
       ``(ii) a reduction in annual rate of pay that the Secretary 
     determines is appropriate.
       ``(b) Pay of Certain Demoted Individuals.--(1) 
     Notwithstanding any other provision of law, any individual 
     subject to a demotion under subsection (a)(3)(B)(i) shall, 
     beginning on the date of such demotion, receive the annual 
     rate of pay applicable to such grade.
       ``(2) An individual so demoted may not be placed on 
     administrative leave or any other category of paid leave 
     during the period during which an appeal (if any) under this 
     section is ongoing, and may only receive pay if the 
     individual reports for duty. If an individual so demoted does 
     not report for duty, such individual shall not receive pay or 
     other benefits pursuant to subsection (e)(5).
       ``(c) Notice to Congress.--Not later than 30 days after 
     removing or demoting an individual under subsection (a), the 
     Secretary shall submit to the Committees on Veterans' Affairs 
     of the Senate and House of Representatives notice in writing 
     of such removal or demotion and the reason for such removal 
     or demotion.
       ``(d) Procedure.--(1) The procedures under section 7513(b) 
     of title 5 and chapter 43 of such title shall not apply to a 
     removal or demotion under this section.
       ``(2)(A) Subject to subparagraph (B) and subsection (e), 
     any removal or demotion under subsection (a) may be appealed 
     to the Merit Systems Protection Board under section 7701 of 
     title 5.
       ``(B) An appeal under subparagraph (A) of a removal or 
     demotion may only be made if such appeal is made not later 
     than seven days after the date of such removal or demotion.
       ``(e) Expedited Review by Administrative Law Judge.--(1) 
     Upon receipt of an appeal under subsection (d)(2)(A), the 
     Merit Systems Protection Board shall refer such appeal to an 
     administrative law judge pursuant to section 7701(b)(1) of 
     title 5. The administrative law judge shall expedite any such 
     appeal under such section and, in any such case, shall issue 
     a decision not later than 45 days after the date of the 
     appeal.
       ``(2) Notwithstanding any other provision of law, including 
     section 7703 of title 5, the decision of an administrative 
     judge under paragraph (1) shall be final and shall not be 
     subject to any further appeal.
       ``(3) In any case in which the administrative judge cannot 
     issue a decision in accordance with the 45-day requirement 
     under paragraph (1), the removal or demotion is final. In 
     such a case, the Merit Systems Protection Board shall, within 
     14 days after the date that such removal or demotion is 
     final, submit to Congress and the Committees on Veterans' 
     Affairs of the Senate and House of Representatives a report 
     that explains the reasons why a decision was not issued in 
     accordance with such requirement.
       ``(4) The Merit Systems Protection Board or administrative 
     judge may not stay any removal or demotion under this 
     section.
       ``(5) During the period beginning on the date on which an 
     individual appeals a removal from the civil service under 
     subsection (d) and ending on the date that the administrative 
     judge issues a final decision on such appeal, such individual 
     may not receive any pay, awards, bonuses, incentives, 
     allowances, differentials, student loan repayments, special 
     payments, or benefits.

[[Page S3566]]

       ``(6) To the maximum extent practicable, the Secretary 
     shall provide to the Merit Systems Protection Board, and to 
     any administrative law judge to whom an appeal under this 
     section is referred, such information and assistance as may 
     be necessary to ensure an appeal under this subsection is 
     expedited.
       ``(f) Relation to Other Provisions of Law.--(1) The 
     authority provided by this section is in addition to the 
     authority provided by subchapter V of chapter 75 of title 5 
     and chapter 43 of such title.
       ``(2) Subchapter V of chapter 74 of this title shall not 
     apply to any action under this section.
       ``(g) Definitions.--In this section:
       ``(1) The term `individual' means an individual occupying a 
     position at the Department of Veterans Affairs but does not 
     include--
       ``(A) an individual, as that term is defined in section 
     713(g)(1) of this title; or
       ``(B) a political appointee.
       ``(2) The term `grade' has the meaning given such term in 
     section 7511(a) of title 5.
       ``(3) The term `misconduct' includes neglect of duty, 
     malfeasance, or failure to accept a directed reassignment or 
     to accompany a position in a transfer of function.
       ``(4) The term `political appointee' means an individual 
     who is--
       ``(A) employed in a position described under sections 5312 
     through 5316 of title 5, (relating to the Executive 
     Schedule);
       ``(B) is a limited term appointee, limited emergency 
     appointee, or noncareer appointee in the Senior Executive 
     Service, as defined under paragraphs (5), (6), and (7), 
     respectively, of section 3132(a) of title 5; or
       ``(C) is employed in a position of a confidential or 
     policy-determining character under schedule C of subpart C of 
     part 213 of title 5 of the Code of Federal Regulations.''.
       (b) Clerical and Conforming Amendments.--
       (1) Clerical.--The table of sections at the beginning of 
     chapter 7 of such title is amended by inserting after the 
     item relating to section 713 the following new item:

``714. Employees: removal or demotion based on performance or 
              misconduct.''.

       (2) Conforming.--Section 4303(f) of title 5, United States 
     Code, is amended--
       (A) by striking ``or'' at the end of paragraph (2);
       (B) by striking the period at the end of paragraph (3) and 
     inserting ``, or''; and
       (C) by adding at the end the following:
       ``(4) any removal or demotion under section 714 of title 
     38.''.

     SEC. 1097A. REQUIRED PROBATIONARY PERIOD FOR NEW EMPLOYEES OF 
                   THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Chapter 7 of title 38, United States Code, 
     as amended by section 1097, is further amended by adding at 
     the end the following new section:

     ``Sec. 715. Probationary period for employees

       ``(a) In General.--Notwithstanding sections 3321 and 
     3393(d) of title 5, the appointment of a covered employee 
     shall become final only after such employee has served a 
     probationary period of 540 days. The Secretary may extend a 
     probationary period under this subsection at the discretion 
     of the Secretary.
       ``(b) Covered Employee.--In this section, the term `covered 
     employee'--
       ``(1) means any individual--
       ``(A) appointed to a permanent position within the 
     competitive service at the Department; or
       ``(B) appointed as a career appointee (as that term is 
     defined in section 3132(a)(4) of title 5) within the Senior 
     Executive Service at the Department; and
       ``(2) does not include any individual with a probationary 
     period prescribed by section 7403 of this title.
       ``(c) Permanent Hires.--Upon the expiration of a covered 
     employee's probationary period under subsection (a), the 
     supervisor of the employee shall determine whether the 
     appointment becomes final based on regulations prescribed for 
     such purpose by the Secretary.''.
       (b) Application.--The amendment made by subsection (a) 
     shall apply to any covered employee (as that term is defined 
     in section 715 of title 38, United States Code, as added by 
     such subsection) appointed after the date of the enactment of 
     this Act.
       (c) Clerical and Conforming Amendments.--
       (1) Clerical.--The table of sections at the beginning of 
     chapter 7 of such title, as amended by section 1097, is 
     further amended by inserting after the item relating to 
     section 714 the following new item:

``715. Probationary period for employees.''.

       (2) Conforming.--Title 5, United States Code, is amended--
       (A) in section 3321(c), by--
       (i) striking ``Service or'' and inserting ``Service,''; and
       (ii) inserting at the end before the period the following: 
     ``, or any individual covered by section 715 of title 38''; 
     and
       (B) in section 3393(d), by adding at the end after the 
     period the following: ``The preceding sentence shall not 
     apply to any individual covered by section 715 of title 
     38.''.

     SEC. 1097B. OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER 
                   PROTECTION.

       (a) In General.--Chapter 3 of title 38, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 323. Office of Accountability and Whistleblower 
       Protection

       ``(a) Establishment.--There is established in the 
     Department an office to be known as the Office of 
     Accountability and Whistleblower Protection (in this section 
     referred to as the `Office').
       ``(b) Head of Office.--(1) The head of the Office shall be 
     responsible for the functions of the Office and shall be 
     appointed by the President pursuant to section 308(a) of this 
     title.
       ``(2) The head of the Office shall be known as the 
     `Assistant Secretary for Accountability and Whistleblower 
     Protection'.
       ``(3) The Assistant Secretary shall report directly to the 
     Secretary on all matters relating to the Office.
       ``(4) Notwithstanding section 308(b) of this title, the 
     Secretary may only assign to the Assistant Secretary 
     responsibilities relating to the functions of the Office set 
     forth in subsection (c).
       ``(c) Functions.--(1) The functions of the Office are as 
     follows:
       ``(A) Advising the Secretary on all matters of the 
     Department relating to accountability, including 
     accountability of employees of the Department, retaliation 
     against whistleblowers, and such matters as the Secretary 
     considers similar and affect public trust in the Department.
       ``(B) Issuing reports and providing recommendations related 
     to the duties described in subparagraph (A).
       ``(C) Receiving whistleblower disclosures.
       ``(D) Referring whistleblower disclosures received under 
     subparagraph (C) for investigation to the Office of the 
     Medical Inspector, the Office of Inspector General, or other 
     investigative entity, as appropriate, if the Assistant 
     Secretary has reason to believe the whistleblower disclosure 
     is evidence of a violation of a provision of law, 
     mismanagement, gross waste of funds, abuse of authority, or a 
     substantial and specific danger to public health and safety.
       ``(E) Receiving and referring disclosures from the Special 
     Counsel for investigation to the Medical Inspector of the 
     Department, the Inspector General of the Department, or such 
     other person with investigatory authority, as the Assistant 
     Secretary considers appropriate.
       ``(F) Recording, tracking, reviewing, and confirming 
     implementation of recommendations from audits and 
     investigations carried out by the Inspector General of the 
     Department, the Medical Inspector of the Department, the 
     Special Counsel, and the Comptroller General of the United 
     States, including the imposition of disciplinary actions and 
     other corrective actions contained in such recommendations.
       ``(G) Analyzing data from the Office and the Office of 
     Inspector General telephone hotlines, other whistleblower 
     disclosures, disaggregated by facility and area of health 
     care if appropriate, and relevant audits and investigations 
     to identify trends and issue reports to the Secretary based 
     on analysis conducted under this subparagraph.
       ``(H) Receiving, reviewing, and investigating allegations 
     of misconduct, retaliation, or poor performance involving--
       ``(i) an individual in a senior executive position (as 
     defined in section 713(d) of this title) in the Department;
       ``(ii) an individual employed in a confidential, policy-
     making, policy-determining, or policy-advocating position in 
     the Department; or
       ``(iii) a supervisory employee, if the allegation involves 
     retaliation against an employee for making a whistleblower 
     disclosure.
       ``(I) Making such recommendations to the Secretary for 
     disciplinary action as the Assistant Secretary considers 
     appropriate after substantiating any allegation of misconduct 
     or poor performance pursuant to an investigation carried out 
     as described in subparagraph (F) or (H).
       ``(2) In carrying out the functions of the Office, the 
     Assistant Secretary shall ensure that the Office maintains a 
     toll-free telephone number and Internet website to receive 
     anonymous whistleblower disclosures.
       ``(3) In any case in which the Assistant Secretary receives 
     a whistleblower disclosure from an employee of the Department 
     under paragraph (1)(C), the Assistant Secretary may not 
     disclose the identity of the employee without the consent of 
     the employee, except in accordance with the provisions of 
     section 552a of title 5, or as required by any other 
     applicable provision of Federal law.
       ``(d) Staff and Resources.--The Secretary shall ensure that 
     the Assistant Secretary has such staff, resources, and access 
     to information as may be necessary to carry out the functions 
     of the Office.
       ``(e) Relation to Office of General Counsel.--The Office 
     shall not be established as an element of the Office of the 
     General Counsel and the Assistant Secretary may not report to 
     the General Counsel.
       ``(f) Reports.--(1)(A) Not later than June 30 of each 
     calendar year, beginning with June 30, 2017, the Assistant 
     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 on the activities of the 
     Office during the calendar year in which the report is 
     submitted.
       ``(B) Each report submitted under subparagraph (A) shall 
     include, for the period covered by the report, the following:
       ``(i) A full and substantive analysis of the activities of 
     the Office, including such statistical information as the 
     Assistant Secretary considers appropriate.
       ``(ii) Identification of any issues reported to the 
     Secretary under subsection (c)(1)(G),

[[Page S3567]]

     including such data as the Assistant Secretary considers 
     relevant to such issues and any trends the Assistant 
     Secretary may have identified with respect to such issues.
       ``(iii) Identification of such concerns as the Assistant 
     Secretary may have regarding the size, staffing, and 
     resources of the Office and such recommendations as the 
     Assistant Secretary may have for legislative or 
     administrative action to address such concerns.
       ``(iv) Such recommendations as the Assistant Secretary may 
     have for legislative or administrative action to improve--
       ``(I) the process by which concerns are reported to the 
     Office; and
       ``(II) the protection of whistleblowers within the 
     Department.
       ``(v) Such other matters as the Assistant Secretary 
     considers appropriate regarding the functions of the Office 
     or other matters relating to the Office.
       ``(2) If the Secretary receives a recommendation for 
     disciplinary action under subsection (c)(1)(I) and does not 
     take or initiate the recommended disciplinary action before 
     the date that is 60 days after the date on which the 
     Secretary received the recommendation, 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 detailed justification for not taking or 
     initiating such disciplinary action.
       ``(g) Definitions.--In this section:
       ``(1) The term `supervisory employee' means an employee of 
     the Department who is a supervisor as defined in section 
     7103(a) of title 5.
       ``(2) The term `whistleblower' means one who makes a 
     whistleblower disclosure.
       ``(3) The term `whistleblower disclosure' means any 
     disclosure of information by an employee of the Department or 
     individual applying to become an employee of the Department 
     which the employee or individual reasonably believes 
     evidences--
       ``(A) a violation of a provision of law; or
       ``(B) gross mismanagement, a gross waste of funds, an abuse 
     of authority, or a substantial and specific danger to public 
     health or safety.''.
       (b) Conforming Amendment.--Section 308(b) of such title is 
     amended by adding at the end the following new paragraph:
       ``(12) The functions set forth in section 323(c) of this 
     title.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 3 of such title is amended by inserting 
     after the item relating to section 322 the following new 
     item:

``323. Office of Accountability and Whistleblower Protection.''.

     SEC. 1097C. PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) In General.--Chapter 7 of title 38, United States Code, 
     as amended by section 1097A, is further amended by adding at 
     the end the following new sections:

     ``Sec. 716. Protection of whistleblowers as criteria in 
       evaluation of supervisors

       ``(a) Development and Use of Criteria Required.--The 
     Secretary, in consultation with the Assistant Secretary of 
     Accountability and Whistleblower Protection, shall develop 
     criteria that--
       ``(1) the Secretary shall use as a critical element in any 
     evaluation of the performance of a supervisory employee; and
       ``(2) promotes the protection of whistleblowers.
       ``(b) Principles for Protection of Whistleblowers.--The 
     criteria required by subsection (a) shall include principles 
     for the protection of whistleblowers, such as the degree to 
     which supervisory employees respond constructively when 
     employees of the Department report concerns, take responsible 
     action to resolve such concerns, and foster an environment in 
     which employees of the Department feel comfortable reporting 
     concerns to supervisory employees or to the appropriate 
     authorities.
       ``(c) Supervisory Employee and Whistleblower Defined.--In 
     this section, the terms `supervisory employee' and 
     `whistleblower' have the meanings given such terms in section 
     323 of this title.

     ``Sec. 717. Training regarding whistleblower disclosures

       ``(a) Training.--Not less frequently than once every two 
     years, the Secretary, in coordination with the Whistleblower 
     Protection Ombudsman designated under section 3(d)(1)(C) of 
     the Inspector General Act of 1978 (5 U.S.C. App.), shall 
     provide to each employee of the Department training regarding 
     whistleblower disclosures, including--
       ``(1) an explanation of each method established by law in 
     which an employee may file a whistleblower disclosure;
       ``(2) the right of the employee to petition Congress 
     regarding a whistleblower disclosure in accordance with 
     section 7211 of title 5;
       ``(3) an explanation that the employee may not be 
     prosecuted or reprised against for disclosing information to 
     Congress, the Inspector General, or another investigatory 
     agency in instances where such disclosure is permitted by 
     law, including under sections 5701, 5705, and 7732 of this 
     title, under section 552a of title 5 (commonly referred to as 
     the Privacy Act), under chapter 93 of title 18, and pursuant 
     to regulations promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (Public 
     Law 104-191);
       ``(4) an explanation of the language that is required to be 
     included in all nondisclosure policies, forms, and agreements 
     pursuant to section 115(a)(1) of the Whistleblower Protection 
     Enhancement Act of 2012 (5 U.S.C. 2302 note); and
       ``(5) the right of contractors to be protected from 
     reprisal for the disclosure of certain information under 
     section 4705 or 4712 of title 41.
       ``(b) Manner Training Is Provided.--The Secretary shall 
     ensure, to the maximum extent practicable, that training 
     provided under subsection (a) is provided in person.
       ``(c) Certification.--Not less frequently than once every 
     two years, the Secretary shall provide training on merit 
     system protection in a manner that the Special Counsel 
     certifies as being satisfactory.
       ``(d) Publication.--The Secretary shall publish on the 
     Internet website of the Department, and display prominently 
     at each facility of the Department, the rights of an employee 
     to make a whistleblower disclosure, including the information 
     described in paragraphs (1) through (5) of subsection (a).
       ``(e) Whistleblower Disclosure Defined.--In this section, 
     the term `whistleblower disclosure' has the meaning given 
     such term in section 323 of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of such title, as amended by section 
     1097A, is further amended by inserting after the item 
     relating to section 715 the following new items:

``716. Protection of whistleblowers as criteria in evaluation of 
              supervisors.
``717. Training regarding whistleblower disclosures.''.

     SEC. 1097D. TREATMENT OF CONGRESSIONAL TESTIMONY BY 
                   DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES AS 
                   OFFICIAL DUTY.

       (a) In General.--Chapter 7 of title 38, United States Code, 
     as amended by section 1097C, is further amended by adding at 
     the end the following new section:

     ``Sec. 718. Congressional testimony by employees: treatment 
       as official duty

       ``(a) Congressional Testimony.--An employee of the 
     Department is performing official duty during the period with 
     respect to which the employee is testifying in an official 
     capacity in front of either chamber of Congress, a committee 
     of either chamber of Congress, or a joint or select committee 
     of Congress.
       ``(b) Travel Expenses.--The Secretary shall provide travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with applicable provisions under subchapter I of 
     chapter 57 of title 5, to any employee of the Department of 
     Veterans Affairs performing official duty described under 
     subsection (a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of such title, as amended by section 
     1097C, is further amended by inserting after the item 
     relating to section 717 the following new item:

``718. Congressional testimony by employees: treatment as official 
              duty.''.

     SEC. 1097E. REPORT ON METHODS USED TO INVESTIGATE EMPLOYEES 
                   OF DEPARTMENT OF VETERANS AFFAIRS.

       (a) Report Required.--Not later than 540 days after the 
     date of the enactment of this Act, the Assistant Secretary 
     for Accountability and Whistleblower Protection shall submit 
     to the Secretary of Veterans Affairs, the Committee on 
     Veterans' Affairs of the Senate, and the Committee on 
     Veterans' Affairs of the House of Representatives a report on 
     methods used to investigate employees of the Department of 
     Veterans Affairs and whether such methods are used to 
     retaliate against whistleblowers.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the use of administrative 
     investigation boards, peer review, searches of medical 
     records, and other methods for investigating employees of the 
     Department.
       (2) A determination of whether and to what degree the 
     methods described in paragraph (1) are being used to 
     retaliate against whistleblowers.
       (3) Recommendations for legislative or administrative 
     action to implement safeguards to prevent the retaliation 
     described in paragraph (2).
       (c) Whistleblower Defined.--In this section, the term 
     ``whistleblower'' has the meaning given such term in section 
     323 of title 38, United States Code, as added by section 
     1097B.
                                 ______
                                 
  SA 4499. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 647. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR 
                   SURVIVORS OF RESERVE COMPONENT MEMBERS WHO DIE 
                   IN THE LINE OF DUTY DURING INACTIVE-DUTY 
                   TRAINING.

       (a) Treatment of Inactive-duty Training in Same Manner as 
     Active Duty.--
       (1) In general.--Section 1451(c)(1)(A) of title 10, United 
     States Code, is amended--
       (A) in clause (i)--

[[Page S3568]]

       (i) by inserting ``or 1448(f)'' after ``section 1448(d)''; 
     and
       (ii) by inserting ``or (iii)'' after ``clause (ii)''; and
       (B) in clause (iii)--
       (i) by striking ``section 1448(f) of this title'' and 
     inserting ``section 1448(f)(1)(A) of this title by reason of 
     the death of a member or former member not in line of duty''; 
     and
       (ii) by striking ``active''.
       (2) Application of amendments.--No annuity benefit under 
     the Survivor Benefit Plan shall accrue to any person by 
     reason of the amendments made by paragraph (1) for any period 
     before the date of the enactment of this Act. With respect to 
     an annuity under the Survivor Benefit Plan for a death 
     occurring on or after September 10, 2001, and before the date 
     of the enactment of this Act, the Secretary concerned shall 
     recompute the benefit amount to reflect such amendments, 
     effective for months beginning after the date of the 
     enactment of this Act.
       (b) Consistent Treatment of Dependent Children.--Section 
     1448(f) of such title is amended by adding at the end the 
     following new paragraph:
       ``(5) Dependent children annuity.--
       ``(A) Annuity when no eligible surviving spouse.--In the 
     case of a person described in paragraph (1), the Secretary 
     concerned shall pay an annuity under this subchapter to the 
     dependent children of that person under section 1450(a)(2) of 
     this title as applicable.
       ``(B) Optional annuity when there is an eligible surviving 
     spouse.--The Secretary may pay an annuity under this 
     subchapter to the dependent children of a person described in 
     paragraph (1) under section 1450(a)(3) of this title, if 
     applicable, instead of paying an annuity to the surviving 
     spouse under paragraph (1), if the Secretary concerned, in 
     consultation with the surviving spouse, determines it 
     appropriate to provide an annuity for the dependent children 
     under this paragraph instead of an annuity for the surviving 
     spouse under paragraph (1).''.
       (c) Deemed Elections.--
       (1) In general.--Section 1448(f) of title 10, United States 
     Code, as amended by subsection (b), is further amended by 
     adding at the end the following new paragraph:
       ``(6) Deemed election to provide an annuity for 
     dependent.--In the case of a person described in paragraph 
     (1) who dies after November 23, 2003, the Secretary concerned 
     may, if no other annuity is payable on behalf of that person 
     under this subchapter, pay an annuity to a natural person who 
     has an insurable interest in such person as if the annuity 
     were elected by the person under subsection (b)(1). The 
     Secretary concerned may pay such an annuity under this 
     paragraph only in the case of a person who is a dependent of 
     that deceased person (as defined in section 1072(2) of this 
     title). An annuity under this paragraph shall be computed in 
     the same manner as provided under subparagraph (B) of 
     subsection (d)(6) for an annuity under that subsection.''.
       (2) Effective date.--No annuity payment under paragraph (6) 
     of section 1448(f) of title 10, United States Code, as added 
     by paragraph (1) of this subsection, may be made for any 
     period before the date of the enactment of this Act.
       (d) Availability of Special Survivor Indemnity Allowance.--
       (1) Availability.--Section 1450(m)(1)(B) of title 10, 
     United States Code, is amended by inserting ``or (f)'' after 
     ``subsection (d)''.
       (2) Effective date.--No payment under section 1450(m) of 
     title 10, United States Code, by reason of the amendment made 
     by paragraph (1) may be made for any period before the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 4500. Mr. JOHNSON (for himself and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

                     DIVISION F--DHS ACCOUNTABILITY

     SECTION 6001. SHORT TITLE.

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

     SEC. 6002. DEFINITIONS.

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

           TITLE LXXI--DEPARTMENT MANAGEMENT AND COORDINATION

     SEC. 6101. MANAGEMENT AND EXECUTION.

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

[[Page S3569]]

       (4) by inserting after subsection (c) the following:
       ``(d) System for Award Management Consultation.--The Under 
     Secretary for Management shall require that all Department 
     contracting and grant officials consult the System for Award 
     Management (or successor system) as maintained by the General 
     Services Administration prior to awarding a contract or grant 
     or entering into other transactions to ascertain whether the 
     selected contractor is excluded from receiving Federal 
     contracts, certain subcontracts, and certain types of Federal 
     financial and non-financial assistance and benefits.''.

     SEC. 6102. DEPARTMENT COORDINATION.

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

     ``SEC. 708. DEPARTMENT COORDINATION.

       ``(a) Definitions.--In this section--
       ``(1) the term `joint duty training program' means the 
     training program established under subsection (e)(9)(A);
       ``(2) the term `joint requirement' means a condition or 
     capability of a Joint Task Force, or of multiple operating 
     components of the Department, that is required to be met or 
     possessed by a system, product, service, result, or component 
     to satisfy a contract, standard, specification, or other 
     formally imposed document;
       ``(3) the term `Joint Task Force' means a Joint Task Force 
     established under subsection (e) when the scope, complexity, 
     or other factors of the crisis or issue require capabilities 
     of two or more components of the Department operating under 
     the guidance of a single Director; and
       ``(4) the term `situational awareness' means knowledge and 
     unified understanding of unlawful cross-border activity, 
     including--
       ``(A) threats and trends concerning illicit trafficking and 
     unlawful crossings;
       ``(B) the ability to forecast future shifts in such threats 
     and trends;
       ``(C) the ability to evaluate such threats and trends at a 
     level sufficient to create actionable plans; and
       ``(D) the operational capability to conduct continuous and 
     integrated surveillance of the air, land, and maritime 
     borders of the United States.
       ``(b) Department Leadership Councils.--
       ``(1) Establishment.--The Secretary may establish such 
     Department leadership councils as the Secretary determines 
     necessary to ensure coordination among leadership in the 
     Department.
       ``(2) Function.--Department leadership councils shall--
       ``(A) serve as coordinating forums;
       ``(B) advise the Secretary and Deputy Secretary on 
     Department strategy, operations, and guidance; and
       ``(C) consider and report on such other matters as the 
     Secretary or Deputy Secretary may direct.
       ``(3) Chairperson; membership.--
       ``(A) Chairperson.--The Secretary or a designee may serve 
     as chairperson of a Department leadership council.
       ``(B) Membership.--The Secretary shall determine the 
     membership of a Department leadership council.
       ``(4) Relationship to other forums.--The Secretary or 
     Deputy Secretary may delegate the authority to direct the 
     implementation of any decision or guidance resulting from the 
     action of a Department leadership council to any office, 
     component, coordinator, or other senior official of the 
     Department.
       ``(c) Joint Requirements Council.--
       ``(1) Establishment.--There is established within the 
     Department a Joint Requirements Council.
       ``(2) Mission.--In addition to other matters assigned to it 
     by the Secretary and Deputy Secretary, the Joint Requirements 
     Council shall--
       ``(A) identify, assess, and validate joint requirements 
     (including existing systems and associated capability gaps) 
     to meet mission needs of the Department;
       ``(B) ensure that appropriate efficiencies are made among 
     life-cycle cost, schedule, and performance objectives, and 
     procurement quantity objectives, in the establishment and 
     approval of joint requirements; and
       ``(C) make prioritized capability recommendations for the 
     joint requirements validated under subparagraph (A) to the 
     Secretary, the Deputy Secretary, or the chairperson of a 
     Department leadership council designated by the Secretary to 
     review decisions of the Joint Requirements Council.
       ``(3) Chair.--The Secretary shall appoint a chairperson of 
     the Joint Requirements Council, for a term of not more than 2 
     years, from among senior officials from components of the 
     Department or other senior officials as designated by the 
     Secretary.
       ``(4) Composition.--The Joint Requirements Council shall be 
     composed of senior officials representing components of the 
     Department and other senior officials as designated by the 
     Secretary.
       ``(5) Relationship to future years homeland security 
     program.--The Secretary shall ensure that the Future Years 
     Homeland Security Program required under section 874 is 
     consistent with the recommendations of the Joint Requirements 
     Council under paragraph (2)(C) of this subsection, as 
     affirmed by the Secretary, the Deputy Secretary, or the 
     chairperson of a Department leadership council designated by 
     the Secretary under that paragraph.
       ``(d) Joint Operational Plans.--
       ``(1) Planning and guidance.--The Secretary may direct the 
     development of Joint Operational Plans for the Department and 
     issue planning guidance for such development.
       ``(2) Coordination.--The Secretary shall ensure 
     coordination between requirements derived from Joint 
     Operational Plans and the Future Years Homeland Security 
     Program required under section 874.
       ``(3) Limitation.--Nothing in this subsection shall be 
     construed to affect the national emergency management 
     authorities and responsibilities of the Administrator of the 
     Federal Emergency Management Agency under title V.
       ``(e) Joint Task Forces.--
       ``(1) Establishment.--The Secretary may establish and 
     operate Departmental Joint Task Forces to conduct joint 
     operations using personnel and capabilities of the 
     Department.
       ``(2) Joint task force directors.--
       ``(A) Director.--Each Joint Task Force shall be headed by a 
     Director appointed by the Secretary for a term of not more 
     than 2 years, who shall be a senior official of the 
     Department.
       ``(B) Extension.--The Secretary may extend the appointment 
     of a Director of a Joint Task Force for not more than 2 years 
     if the Secretary determines that such an extension is in the 
     best interest of the Department.
       ``(3) Joint task force deputy directors.--For each Joint 
     Task Force, the Secretary shall appoint a Deputy Director who 
     shall be an official of a different component or office of 
     the Department than the Director of the Joint Task Force.
       ``(4) Responsibilities.--The Director of a Joint Task 
     Force, subject to the oversight, direction, and guidance of 
     the Secretary, shall--
       ``(A) maintain situational awareness within the areas of 
     responsibility of the Joint Task Force, as determined by the 
     Secretary;
       ``(B) provide operational plans and requirements for 
     standard operating procedures and contingency operations;
       ``(C) plan and execute joint task force activities within 
     the areas of responsibility of the Joint Task Force, as 
     determined by the Secretary;
       ``(D) set and accomplish strategic objectives through 
     integrated operational planning and execution;
       ``(E) exercise operational direction over personnel and 
     equipment from components and offices of the Department 
     allocated to the Joint Task Force to accomplish the 
     objectives of the Joint Task Force;
       ``(F) establish operational and investigative priorities 
     within the operating areas of the Joint Task Force;
       ``(G) coordinate with foreign governments and other 
     Federal, State, and local agencies, as appropriate, to carry 
     out the mission of the Joint Task Force; and
       ``(H) carry out other duties and powers the Secretary 
     determines appropriate.
       ``(5) Personnel and resources.--
       ``(A) In general.--The Secretary may, upon request of the 
     Director of a Joint Task Force, and giving appropriate 
     consideration of risk to the other primary missions of the 
     Department, allocate on a temporary basis personnel and 
     equipment of components and offices of the Department to a 
     Joint Task Force.
       ``(B) Cost neutrality.--A Joint Task Force may not require 
     more personnel, equipment, or resources than would be 
     required by components of the Department in the absence of 
     the Joint Task Force.
       ``(C) Location of operations.--In establishing a location 
     of operations for a Joint Task Force, the Secretary shall, to 
     the extent practicable, use existing facilities that 
     integrate efforts of components of the Department and State, 
     local, tribal, or territorial law enforcement or military 
     entities.
       ``(D) Report.--The Secretary shall, at the time the budget 
     of the President is submitted to Congress for a fiscal year 
     under section 1105(a) of title 31, United States Code, submit 
     to the congressional homeland security committees a report on 
     the total funding, personnel, and other resources that each 
     component of the Department allocated to each Joint Task 
     Force to carry out the mission of the Joint Task Force during 
     the fiscal year immediately preceding the report.
       ``(6) Component resource authority.--As directed by the 
     Secretary--
       ``(A) each Director of a Joint Task Force shall be provided 
     sufficient resources from relevant components and offices of 
     the Department and the authority necessary to carry out the 
     missions and responsibilities required under this section;
       ``(B) the resources referred to in subparagraph (A) shall 
     be under the operational authority, direction, and control of 
     the Director of the Joint Task Force to which the resources 
     are assigned; and
       ``(C) the personnel and equipment of each Joint Task Force 
     shall remain under the administrative direction of the 
     executive agent for the Joint Task Force.
       ``(7) Joint task force staff.--Each Joint Task Force shall 
     have a staff, composed of officials from relevant components, 
     to assist the Director in carrying out the mission and 
     responsibilities of the Joint Task Force.
       ``(8) Establishment of performance metrics.--The Secretary 
     shall--
       ``(A) establish outcome-based and other appropriate 
     performance metrics to evaluate the effectiveness of each 
     Joint Task Force;

[[Page S3570]]

       ``(B) not later than 120 days after the date of enactment 
     of this section, submit the metrics established under 
     subparagraph (A) to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives; and
       ``(C) not later than January 31, 2017, and each year 
     thereafter, submit to each committee described in 
     subparagraph (B) a report that contains the evaluation 
     described in subparagraph (A).
       ``(9) Joint duty training program.--
       ``(A) In general.--The Secretary shall--
       ``(i) establish a joint duty training program in the 
     Department for the purposes of--

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

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

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

     SEC. 6103. NATIONAL OPERATIONS CENTER.

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

     SEC. 6104. HOMELAND SECURITY ADVISORY COUNCIL.

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

     SEC. 6105. STRATEGY, POLICY, AND PLANS.

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

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

       ``(a) In General.--There is established in the Department 
     an Office of Strategy, Policy, and Plans.
       ``(b) Head of Office.--The Office of Strategy, Policy, and 
     Plans shall be headed by an Under Secretary for Strategy, 
     Policy, and Plans, who shall serve as the principal policy 
     advisor to the Secretary and be appointed by the President, 
     by and with the advice and consent of the Senate.
       ``(c) Functions.--The Office of Strategy, Policy, and Plans 
     shall--
       ``(1) lead, conduct, and coordinate Department-wide policy 
     development and implementation and strategic planning;
       ``(2) develop and coordinate policies to promote and ensure 
     quality, consistency, and integration for the programs, 
     offices, and activities across the Department;
       ``(3) develop and coordinate strategic plans and long-term 
     goals of the Department with risk-based analysis and planning 
     to improve operational mission effectiveness, including 
     leading and conducting the quadrennial homeland security 
     review under section 707;
       ``(4) manage Department leadership councils and provide 
     analytics and support to such councils;

[[Page S3571]]

       ``(5) manage international coordination and engagement for 
     the Department;
       ``(6) review and incorporate, as appropriate, external 
     stakeholder feedback into Department policy; and
       ``(7) carry out such other responsibilities as the 
     Secretary determines appropriate.
       ``(d) Coordination by Department Components.--To ensure 
     consistency with the policy priorities of the Department, the 
     head of each component of the Department shall coordinate 
     with the Office of Strategy, Policy, and Plans in 
     establishing or modifying policies or strategic planning 
     guidance.
       ``(e) Homeland Security Statistics and Joint Analysis.--
       ``(1) Homeland security statistics.--The Under Secretary 
     for Strategy, Policy, and Plans shall--
       ``(A) establish standards of reliability and validity for 
     statistical data collected and analyzed by the Department;
       ``(B) be provided with statistical data maintained by the 
     Department regarding the operations of the Department;
       ``(C) conduct or oversee analysis and reporting of such 
     data by the Department as required by law or directed by the 
     Secretary; and
       ``(D) ensure the accuracy of metrics and statistical data 
     provided to Congress.
       ``(2) Transfer of responsibilities.--There shall be 
     transferred to the Under Secretary for Strategy, Policy, and 
     Plans the maintenance of all immigration statistical 
     information of U.S. Customs and Border Protection and U.S. 
     Citizenship and Immigration Services, which shall include 
     information and statistics of the type contained in the 
     publication entitled `Yearbook of Immigration Statistics' 
     prepared by the Office of Immigration Statistics, including 
     region-by-region statistics on the aggregate number of 
     applications and petitions filed by an alien (or filed on 
     behalf of an alien) and denied, and the reasons for such 
     denials, disaggregated by category of denial and application 
     or petition type.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135)is amended by inserting 
     after the item relating to section 708 the following:

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

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

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

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

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

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

       ``(vi) Coordinating with the Office for Civil Rights and 
     Civil Liberties of the Department to ensure all of the 
     activities of the Department related to countering violent 
     extremism fully respect the privacy, civil rights, and civil 
     liberties of all persons.
       ``(vii) In coordination with the Under Secretary for 
     Science and Technology and in consultation with the Under 
     Secretary for Intelligence and Analysis, identifying and 
     recommending new empirical research and analysis requirements 
     to ensure the dissemination of information and methods for 
     Federal, State, local, tribal, and territorial countering 
     violent extremism practitioners, officials, law enforcement 
     personnel, and nongovernmental partners to utilize such 
     research and analysis.
       ``(viii) Assessing the methods used by violent extremists 
     to disseminate propaganda and messaging to communities at 
     risk for recruitment by violent extremists.
       ``(B) Developing a digital engagement strategy that expands 
     the outreach efforts of the Department to counter violent 
     extremist messaging by--
       ``(i) exploring ways to utilize relevant Internet and other 
     technologies and social media platforms; and
       ``(ii) maximizing other resources available to the 
     Department.
       ``(C) Serving as the primary representative of the 
     Department in coordinating countering violent extremism 
     efforts with other Federal departments and agencies and 
     nongovernmental organizations.
       ``(D) Serving as the primary Department-level 
     representative in coordinating with the Department of State 
     on international countering violent extremism issues.
       ``(E) In coordination with the Administrator, providing 
     guidance regarding the use of grants made to State, local, 
     and tribal governments under sections 2003 and 2004 under the 
     allowable uses guidelines related to countering violent 
     extremism.
       ``(F) Developing a plan to expand philanthropic support for 
     domestic efforts related to countering violent extremism, 
     including by identifying viable community projects and needs 
     for possible philanthropic support.
       ``(2) Communities at risk.--For purposes of this 
     subsection, the term `communities at risk' shall not include 
     a community that is determined to be at risk solely on the 
     basis of race, religious affiliation, or ethnicity.
       ``(f) Strategy To Counter Violent Extremism in the United 
     States.--
       ``(1) Strategy.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on the Judiciary of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on the Judiciary of the 
     House of Representatives a comprehensive Department strategy 
     to counter violent extremism in the United States.
       ``(2) Contents of strategy.--The strategy required under 
     paragraph (1) shall, at a minimum, address each of the 
     following:
       ``(A) The Department's digital engagement effort, including 
     a plan to leverage new and existing Internet, digital, and 
     other technologies and social media platforms to counter 
     violent extremism, as well as the best practices and lessons 
     learned from other Federal, State, local, tribal, 
     territorial, nongovernmental, and foreign partners engaged in 
     similar counter-messaging activities.
       ``(B) The Department's countering violent extremism-related 
     engagement and outreach activities.
       ``(C) The use of cooperative agreements with State, local, 
     tribal, territorial, and other Federal departments and 
     agencies responsible for activities relating to countering 
     violent extremism.
       ``(D) Ensuring all activities related to countering violent 
     extremism adhere to relevant Department and applicable 
     Department of Justice guidance regarding privacy, civil 
     rights, and civil liberties, including safeguards against 
     discrimination.
       ``(E) The development of qualitative and quantitative 
     outcome-based metrics to evaluate the Department's programs 
     and policies to counter violent extremism.
       ``(F) An analysis of the homeland security risk posed by 
     violent extremism based on the threat environment and 
     empirical data assessing terrorist activities and incidents, 
     and

[[Page S3572]]

     violent extremist propaganda, messaging, or recruitment.
       ``(G) Information on the Department's near-term, mid-term, 
     and long-term risk-based goals for countering violent 
     extremism, reflecting the risk analysis conducted under 
     subparagraph (F).
       ``(3) Strategic considerations.--In drafting the strategy 
     required under paragraph (1), the Secretary shall consider 
     including the following:
       ``(A) Departmental efforts to undertake research to improve 
     the Department's understanding of the risk of violent 
     extremism and to identify ways to improve countering violent 
     extremism activities and programs, including outreach, 
     training, and information sharing programs.
       ``(B) The Department's nondiscrimination policies as they 
     relate to countering violent extremism.
       ``(C) Departmental efforts to help promote community 
     engagement and partnerships to counter violent extremism in 
     furtherance of the strategy.
       ``(D) Departmental efforts to help increase support for 
     programs and initiatives to counter violent extremism of 
     other Federal, State, local, tribal, territorial, 
     nongovernmental, and foreign partners that are in furtherance 
     of the strategy, and which adhere to all relevant 
     constitutional, legal, and privacy protections.
       ``(E) Departmental efforts to disseminate to local law 
     enforcement agencies and the general public information on 
     resources, such as training guidance, workshop reports, and 
     the violent extremist threat, through multiple platforms, 
     including the development of a dedicated webpage, and 
     information regarding the effectiveness of those efforts.
       ``(F) Departmental efforts to use cooperative agreements 
     with State, local, tribal, territorial, and other Federal 
     departments and agencies responsible for efforts relating to 
     countering violent extremism, and information regarding the 
     effectiveness of those efforts.
       ``(G) Information on oversight mechanisms and protections 
     to ensure that activities and programs undertaken pursuant to 
     the strategy adhere to all relevant constitutional, legal, 
     and privacy protections.
       ``(H) Departmental efforts to conduct oversight of all 
     countering violent extremism training and training materials 
     and other resources developed or funded by the Department.
       ``(I) Departmental efforts to foster transparency by 
     making, to the extent practicable, all regulations, guidance, 
     documents, policies, and training materials publicly 
     available, including through any webpage developed under 
     subparagraph (E).
       ``(4) Strategic implementation plan.--
       ``(A) In general.--Not later than 90 days after the date on 
     which the Secretary submits the strategy required under 
     paragraph (1), the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on the Judiciary of the Senate, the Committee on 
     Homeland Security of the House of Representatives, and the 
     Committee on the Judiciary of the House of Representatives an 
     implementation plan for each of the components and offices of 
     the Department with responsibilities under the strategy.
       ``(B) Contents.--The implementation plan required under 
     subparagraph (A) shall include an integrated master schedule 
     and cost estimate for activities and programs contained in 
     the implementation plan, with specificity on how each such 
     activity and program aligns with near-term, mid-term, and 
     long-term goals specified in the strategy required under 
     paragraph (1).
       ``(g) Annual Report.--Not later than April 1, 2017, and 
     annually thereafter, the Assistant Secretary shall submit to 
     Congress an annual report on the Office for Partnerships 
     Against Violent Extremism, which shall include the following:
       ``(1) A description of the status of the programs and 
     policies of the Department for countering violent extremism 
     in the United States.
       ``(2) A description of the efforts of the Office for 
     Partnerships Against Violent Extremism to cooperate with and 
     provide assistance to other Federal departments and agencies.
       ``(3) Qualitative and quantitative metrics for evaluating 
     the success of such programs and policies and the steps taken 
     to evaluate the success of such programs and policies.
       ``(4) An accounting of--
       ``(A) grants and cooperative agreements awarded by the 
     Department to counter violent extremism; and
       ``(B) all training specifically aimed at countering violent 
     extremism sponsored by the Department.
       ``(5) An analysis of how the Department's activities to 
     counter violent extremism correspond and adapt to the threat 
     environment.
       ``(6) A summary of how civil rights and civil liberties are 
     protected in the Department's activities to counter violent 
     extremism.
       ``(7) An evaluation of the use of section 2003 and section 
     2004 grants and cooperative agreements awarded to support 
     efforts of local communities in the United States to counter 
     violent extremism, including information on the effectiveness 
     of such grants and cooperative agreements in countering 
     violent extremism.
       ``(8) A description of how the Office for Partnerships 
     Against Violent Extremism incorporated lessons learned from 
     the countering violent extremism programs and policies of 
     foreign, State, local, tribal, and territorial governments 
     and stakeholder communities.
       ``(h) Annual Review.--Not later than 1 year after the date 
     of enactment of this section, and every year thereafter, the 
     Office for Civil Rights and Civil Liberties of the Department 
     shall--
       ``(1) conduct a review of the Office for Partnerships 
     Against Violent Extremism activities to ensure that all of 
     the activities of the Office related to countering violent 
     extremism respect the privacy, civil rights, and civil 
     liberties of all persons; and
       ``(2) make publicly available on the website of the 
     Department a report containing the results of the review 
     conducted under paragraph (1).''; and
       (2) in section 2008(b)(1)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) to support any organization or group which has 
     knowingly or recklessly funded domestic terrorism or 
     international terrorism (as those terms are defined in 
     section 2331 of title 18, United States Code) or organization 
     or group known to engage in or recruit to such activities, as 
     determined by the Assistant Secretary for Partnerships 
     Against Violent Extremism in consultation with the 
     Administrator and the heads of other appropriate Federal 
     departments and agencies.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135)is amended by inserting 
     after the item relating to section 801 the following:

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

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

     SEC. 6201. DUPLICATION REVIEW.

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

     SEC. 6202. INFORMATION TECHNOLOGY STRATEGIC PLAN.

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

[[Page S3573]]

       ``(7) the Chief Information Officer plans to maximize the 
     use and purchase of commercial off-the-shelf information 
     technology products and services.''.

     SEC. 6203. SOFTWARE LICENSING.

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

     SEC. 6204. WORKFORCE STRATEGY.

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

     ``SEC. 704. CHIEF HUMAN CAPITAL OFFICER.

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

     SEC. 6205. WHISTLEBLOWER PROTECTIONS.

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

     ``SEC. 883. WHISTLEBLOWER PROTECTIONS.

       ``(a) Definitions.--In this section--
       ``(1) the term `new employee' means an individual--
       ``(A) appointed to a position as an employee of the 
     Department on or after the date of enactment of the DHS 
     Accountability Act of 2016; and
       ``(B) who has not previously served as an employee of the 
     Department;
       ``(2) the term `prohibited personnel action' means taking 
     or failing to take an action in violation of paragraph (8) or 
     (9) of section 2302(b) of title 5, United States Code, 
     against an employee of the Department;
       ``(3) the term `supervisor' means a supervisor, as defined 
     under section 7103(a) of title 5, United States Code, who is 
     employed by the Department; and
       ``(4) the term `whistleblower protections' means the 
     protections against and remedies for a prohibited personnel 
     practice described in paragraph (8) or subparagraph (A)(i), 
     (B), (C), or (D) of paragraph (9) of section 2302(b) of title 
     5, United States Code.
       ``(b) Adverse Actions.--
       ``(1) Proposed adverse actions.--In accordance with 
     paragraph (2), the Secretary shall propose against a 
     supervisor whom the Secretary, an administrative law judge, 
     the Merit Systems Protection Board, the Office of Special 
     Counsel, an adjudicating body provided under a union 
     contract, a Federal judge, or the Inspector General of the 
     Department determines committed a prohibited personnel action 
     the following adverse actions:
       ``(A) With respect to the first prohibited personnel 
     action, an adverse action that is not less than a 12-day 
     suspension.
       ``(B) With respect to the second prohibited personnel 
     action, removal.
       ``(2) Procedures.--

[[Page S3574]]

       ``(A) Notice.--A supervisor against whom an adverse action 
     under paragraph (1) is proposed is entitled to written 
     notice.
       ``(B) Answer and evidence.--
       ``(i) In general.--A supervisor who is notified under 
     subparagraph (A) that the supervisor is the subject of a 
     proposed adverse action under paragraph (1) is entitled to 14 
     days following such notification to answer and furnish 
     evidence in support of the answer.
       ``(ii) No evidence.--After the end of the 14-day period 
     described in clause (i), if a supervisor does not furnish 
     evidence as described in clause (i) or if the Secretary 
     determines that such evidence is not sufficient to reverse 
     the proposed adverse action, the Secretary shall carry out 
     the adverse action.
       ``(C) Scope of procedures.--Paragraphs (1) and (2) of 
     subsection (b) and subsection (c) of section 7513 of title 5, 
     United States Code, and paragraphs (1) and (2) of subsection 
     (b) and subsection (c) of section 7543 of title 5, United 
     States Code, shall not apply with respect to an adverse 
     action carried out under this subsection.
       ``(3)  No limitation on other adverse actions.--With 
     respect to a prohibited personnel action, if the Secretary 
     carries out an adverse action against a supervisor under 
     another provision of law, the Secretary may carry out an 
     additional adverse action under this subsection based on the 
     same prohibited personnel action.
       ``(c) Training for Supervisors.--In consultation with the 
     Special Counsel and the Inspector General of the Department, 
     the Secretary shall provide training regarding how to respond 
     to complaints alleging a violation of whistleblower 
     protections available to employees of the Department--
       ``(1) to employees appointed to supervisory positions in 
     the Department who have not previously served as a 
     supervisor; and
       ``(2) on an annual basis, to all employees of the 
     Department serving in a supervisory position.
       ``(d) Information on Whistleblower Protections.--
       ``(1) Responsibilities of secretary.--The Secretary shall 
     be responsible for--
       ``(A) the prevention of prohibited personnel practices;
       ``(B) the compliance with and enforcement of applicable 
     civil service laws, rules, and regulations and other aspects 
     of personnel management; and
       ``(C) ensuring (in consultation with the Special Counsel 
     and the Inspector General of the Department) that employees 
     of the Department are informed of the rights and remedies 
     available to them under chapters 12 and 23 of title 5, United 
     States Code, including--
       ``(i) information regarding whistleblower protections 
     available to new employees during the probationary period;
       ``(ii) the role of the Office of Special Counsel and the 
     Merit Systems Protection Board with regard to whistleblower 
     protections; and
       ``(iii) how to make a lawful disclosure of information that 
     is specifically required by law or Executive order to be kept 
     classified in the interest of national defense or the conduct 
     of foreign affairs to the Special Counsel, the Inspector 
     General of the Department, Congress, or other Department 
     employee designated to receive such disclosures.
       ``(2) Timing.--The Secretary shall ensure that the 
     information required to be provided under paragraph (1) is 
     provided to each new employee not later than 6 months after 
     the date the new employee is appointed.
       ``(3) Information online.--The Secretary shall make 
     available information regarding whistleblower protections 
     applicable to employees of the Department on the public 
     website of the Department, and on any online portal that is 
     made available only to employees of the Department.
       ``(4) Delegees.--Any employee to whom the Secretary 
     delegates authority for personnel management, or for any 
     aspect thereof, shall, within the limits of the scope of the 
     delegation, be responsible for the activities described in 
     paragraph (1).
       ``(e) Rules of Construction.--Nothing in this section shall 
     be construed to exempt the Department from requirements 
     applicable with respect to executive agencies--
       ``(1) to provide equal employment protection for employees 
     of the Department (including pursuant to section 2302(b)(1) 
     of title 5, United States Code, and the Notification and 
     Federal Employee Antidiscrimination and Retaliation Act of 
     2002 (5 U.S.C. 2301 note)); or
       ``(2) to provide whistleblower protections for employees of 
     the Department (including pursuant to paragraphs (8) and (9) 
     of section 2302(b) of title 5, United States Code, and the 
     Notification and Federal Employee Antidiscrimination and 
     Retaliation Act of 2002 (5 U.S.C. 2301 note)).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by striking 
     the item relating to section 883 and inserting the following:

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

     SEC. 6206. COST SAVINGS AND EFFICIENCY REVIEWS.

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

     SEC. 6207. ABOLISHMENT OF CERTAIN OFFICES.

       (a) Abolishment of the Director of Shared Services.--The 
     position of Director of Shared Services in the Department is 
     abolished.
       (b) Abolishment of the Office of Counternarcotics 
     Enforcement.--The Homeland Security Act of 2002 (6 U.S.C. 101 
     et seq.) is amended--
       (1) in section 843(b)(1)(B) (6 U.S.C. 413(b)(1)(B)), by 
     striking ``by--'' and all that follows through the end and 
     inserting ``by the Secretary; and'';
       (2) by repealing section 878 (6 U.S.C. 458); and
       (3) in the table of contents in section 1(b) (Public Law 
     107-296; 116 Stat. 2135), by striking the item relating to 
     section 878.

         TITLE LXXIII--DEPARTMENT TRANSPARENCY AND ASSESSMENTS

     SEC. 6301. HOMELAND SECURITY STATISTICS.

       Section 478(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 298(a)) is amended--
       (1) in paragraph (1), by striking ``to the Committees on 
     the Judiciary and Government Reform of the House of 
     Representatives, and to the Committees on the Judiciary and 
     Government Affairs of the Senate,'' and inserting ``the 
     Committee on the Judiciary of the Senate, the Committee on 
     the Judiciary of the House of Representatives, and the 
     congressional homeland security committees''; and
       (2) in paragraph (2), by adding at the end the following:
       ``(I) The number of persons known to have overstayed the 
     terms of their visa, by visa type.
       ``(J) An estimated percentage of persons believed to have 
     overstayed their visa, by visa type.
       ``(K) A description of immigration enforcement actions.''.

     SEC. 6302. ANNUAL HOMELAND SECURITY ASSESSMENT.

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

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

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

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

[[Page S3575]]

  


     SEC. 6303. DEPARTMENT TRANSPARENCY.

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

     SEC. 6304. TRANSPARENCY IN RESEARCH AND DEVELOPMENT.

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

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

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

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

       ``(B) Completed projects.--Paragraph (1) shall not apply to 
     a project completed or otherwise terminated before the date 
     of enactment of this section.
       ``(3) Deadline and updates.--The list required under 
     paragraph (1) shall be--
       ``(A) made publicly accessible on the website of the 
     Department not later than 1 year after the date of enactment 
     of this section; and
       ``(B) updated as frequently as possible, but not less 
     frequently than once per quarter.
       ``(4) Definition of research and development.--For purposes 
     of the list required under paragraph (1), the Secretary shall 
     publish a definition for the term `research and development' 
     on the website of the Department.
       ``(b) Requirement To Report to Congress on Classified 
     Projects.--Not later than January 1, 2017, and annually 
     thereafter, the Secretary shall submit to the appropriate 
     congressional committees a report that lists each ongoing 
     classified project at the Department, including all 
     appropriate details of each such project.
       ``(c) Indicators of Success of Transitioned Projects.--
       ``(1) In general.--For each project that has been 
     transitioned from research and development to practice, the 
     Under Secretary for Science and Technology shall develop and 
     track indicators to demonstrate the uptake of the technology 
     or project among customers or end-users.
       ``(2) Requirement.--To the fullest extent possible, the 
     tracking of a project required under paragraph (1) shall 
     continue for the 3-year period beginning on the date on which 
     the project was transitioned from research and development to 
     practice.
       ``(3) Indicators.--The indicators developed and tracked 
     under this subsection shall be included in the list required 
     under subsection (a).
       ``(d) Definitions.--In this section:
       ``(1) All appropriate details.--The term `all appropriate 
     details' means--
       ``(A) the name of the project, including both classified 
     and unclassified names if applicable;
       ``(B) the name of the component carrying out the project;
       ``(C) an abstract or summary of the project;
       ``(D) funding levels for the project;
       ``(E) project duration or timeline;
       ``(F) the name of each contractor, grantee, or cooperative 
     agreement partner involved in the project;
       ``(G) expected objectives and milestones for the project; 
     and
       ``(H) to the maximum extent practicable, relevant 
     literature and patents that are associated with the project.
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Homeland Security of the House of 
     Representatives; and
       ``(C) the Committee on Oversight and Government Reform of 
     House of Representatives.
       ``(3) Classified.--The term `classified' means anything 
     containing--
       ``(A) classified national security information as defined 
     in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note) 
     or any successor order;
       ``(B) Restricted Data or data that was formerly Restricted 
     Data, as defined in section 11y. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2014(y));
       ``(C) material classified at the Sensitive Compartmented 
     Information (SCI) level as defined in section 309 of the 
     Intelligence Authorization Act for Fiscal Year 2001 (50 
     U.S.C. 3345); or
       ``(D) information relating to a special access program, as 
     defined in section 6.1 of Executive Order 13526 (50 U.S.C. 
     3161 note) or any successor order.
       ``(4) Controlled unclassified information.--The term 
     `controlled unclassified information' means information 
     described as `Controlled Unclassified Information' under 
     Executive Order 13556 (50 U.S.C. 3501 note) or any successor 
     order.
       ``(5) Project.--The term `project' means a research or 
     development project, program, or activity administered by the 
     Department, whether ongoing, completed, or otherwise 
     terminated.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 318 the following:

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

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

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

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

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

[[Page S3576]]

       (A) suspension and debarment criteria are consistently 
     applied throughout the Department; and
       (B) disparities exist in the application of the criteria, 
     particularly with respect to business size and category.

     SEC. 6307. FUTURE YEARS HOMELAND SECURITY PROGRAM.

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

``Sec. 874. Future Years Homeland Security Program.''.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to each fiscal year beginning after 
     the date of enactment of this Act.

     SEC. 6308. QUADRENNIAL HOMELAND SECURITY REVIEW.

       (a) In General.--Section 707 of the Homeland Security Act 
     of 2002 (6 U.S.C. 347) is amended--
       (1) in subsection (b)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(7) review available capabilities and capacities across 
     the homeland security enterprise and identify redundant, 
     wasteful, or unnecessary capabilities and capacities from 
     which resources can be redirected to better support other 
     existing capabilities and capacities.''; and
       (2) in subsection (c)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Not later than 60 days after the date on 
     which the budget of the President is submitted to Congress 
     under section 1105 of title 31, United States Code, for the 
     fiscal year after the fiscal year in which a quadrennial 
     homeland security review is conducted under subsection 
     (a)(1), the Secretary shall submit to Congress a report on 
     the quadrennial homeland security review.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (H), by striking ``and'' at the end;
       (ii) by redesignating subparagraph (I) as subparagraph (L); 
     and
       (iii) by inserting after subparagraph (H) the following:
       ``(I) a description of how the conclusions under the 
     quadrennial homeland security review will inform efforts to 
     develop capabilities and build capacity of States, local 
     governments, Indian tribes, territories, and private 
     entities, and of individuals, families, and communities;
       ``(J) proposed changes to the authorities, organization, 
     governance structure, or business processes (including 
     acquisition processes) of the Department in order to better 
     fulfil responsibilities of the Department;
       ``(K) if appropriate, a classified or other appropriately 
     controlled document containing any information required to be 
     submitted under this paragraph that is restricted from public 
     disclosure in accordance with Federal law, including 
     information that is not publicly releasable; and''.

     SEC. 6309. REPORTING REDUCTION.

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

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

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

     SEC. 6310. ADDITIONAL DEFINITIONS.

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

[[Page S3577]]

  


                       TITLE LXXIV--MISCELLANEOUS

     SEC. 6401. ADMINISTRATIVE LEAVE.

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

     ``Sec. 6329a. Administrative leave

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

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

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

``6329a. Administrative leave.''.
       (d) Investigative Leave and Notice Leave.--
       (1) In general.--Subchapter II of chapter 63 of title 5, 
     United States Code, as amended by this section, is further 
     amended by adding at the end the following:

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

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

[[Page S3578]]

       ``(D) If the employee is absent from duty without approved 
     leave, carrying the employee in absence without leave status.
       ``(E) For an employee subject to a notice period, 
     curtailing the notice period if there is reasonable cause to 
     believe the employee has committed a crime for which a 
     sentence of imprisonment may be imposed.
       ``(3) Duration of leave.--
       ``(A) Investigative leave.--Subject to extensions of a 
     period of investigative leave for which an employee may be 
     eligible under subsections (d) and (e), the initial placement 
     of an employee in investigative leave shall be for a period 
     not longer than 10 days.
       ``(B) Notice leave.--Placement of an employee in notice 
     leave shall be for a period not longer than the duration of 
     the notice period.
       ``(4) Explanation of leave.--
       ``(A) In general.--If an agency places an employee in leave 
     under subsection (b), the agency shall provide the employee a 
     written explanation of the leave placement and the reasons 
     for the leave placement.
       ``(B) Explanation.--The written notice under subparagraph 
     (A) shall describe the limitations of the leave placement, 
     including--
       ``(i) the applicable limitations under paragraph (3); and
       ``(ii) in the case of a placement in investigative leave, 
     an explanation that, at the conclusion of the period of 
     leave, the agency shall take an action under paragraph (5).
       ``(5) Agency action.--Not later than the day after the last 
     day of a period of investigative leave for an employee under 
     subsection (b)(1), an agency shall--
       ``(A) return the employee to regular duty status;
       ``(B) take 1 or more of the actions authorized under 
     paragraph (2), meaning--
       ``(i) assigning the employee to duties in which the 
     employee is no longer a threat to--

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

       ``(ii) allowing the employee to take leave for which the 
     employee is eligible;
       ``(iii) requiring the employee to telework under section 
     6502(c);
       ``(iv) if the employee is absent from duty without approved 
     leave, carrying the employee in absence without leave status; 
     or
       ``(v) for an employee subject to a notice period, 
     curtailing the notice period if there is reasonable cause to 
     believe the employee has committed a crime for which a 
     sentence of imprisonment may be imposed;
       ``(C) propose or initiate an adverse action against the 
     employee as provided under law; or
       ``(D) extend the period of investigative leave under 
     subsections (d) and (e).
       ``(6) Rule of construction.--Nothing in paragraph (5) shall 
     be construed to prevent the continued investigation of an 
     employee, except that the placement of an employee in 
     investigative leave may not be extended for that purpose 
     except as provided in subsections (d) and (e).
       ``(d) Initial Extension of Investigative Leave.--
       ``(1) In general.--Subject to paragraph (4), if the Chief 
     Human Capital Officer of an agency, or the designee of the 
     Chief Human Capital Officer, approves such an extension after 
     consulting with the investigator responsible for conducting 
     the investigation to which an employee is subject, the agency 
     may extend the period of investigative leave for the employee 
     under subsection (b) for not more than 30 days.
       ``(2) Maximum number of extensions.--The total period of 
     additional investigative leave for an employee under 
     paragraph (1) may not exceed 110 days.
       ``(3) Designation guidance.--Not later than 1 year after 
     the date of enactment of this section, the Chief Human 
     Capital Officers Council shall issue guidance to ensure that 
     if the Chief Human Capital Officer of an agency delegates the 
     authority to approve an extension under paragraph (1) to a 
     designee, the designee is at a sufficiently high level within 
     the agency to make an impartial and independent determination 
     regarding the extension.
       ``(4) Extensions for oig employees.--
       ``(A) Approval.--In the case of an employee of an Office of 
     Inspector General--
       ``(i) the Inspector General or the designee of the 
     Inspector General, rather than the Chief Human Capital 
     Officer or the designee of the Chief Human Capital Officer, 
     shall approve an extension of a period of investigative leave 
     for the employee under paragraph (1); or
       ``(ii) at the request of the Inspector General, the head of 
     the agency within which the Office of Inspector General is 
     located shall designate an official of the agency to approve 
     an extension of a period of investigative leave for the 
     employee under paragraph (1).
       ``(B) Guidance.--Not later than 1 year after the date of 
     enactment of this section, the Council of the Inspectors 
     General on Integrity and Efficiency shall issue guidance to 
     ensure that if the Inspector General or the head of an 
     agency, at the request of the Inspector General, delegates 
     the authority to approve an extension under subparagraph (A) 
     to a designee, the designee is at a sufficiently high level 
     within the Office of Inspector General or the agency, as 
     applicable, to make an impartial and independent 
     determination regarding the extension.
       ``(e) Further Extension of Investigative Leave.--
       ``(1) In general.--After reaching the limit under 
     subsection (d)(2), an agency may further extend a period of 
     investigative leave for an employee for a period of not more 
     than 60 days if, before the further extension begins, the 
     head of the agency or, in the case of an employee of an 
     Office of Inspector General, the Inspector General submits a 
     notification that includes the reasons for the further 
     extension to the--
       ``(A) committees of jurisdiction;
       ``(B) Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(C) Committee on Oversight and Government Reform of the 
     House of Representatives.
       ``(2) No limit.--There shall be no limit on the number of 
     further extensions that an agency may grant to an employee 
     under paragraph (1).
       ``(3) OPM review.--An agency shall request from the 
     Director, and include with the notification required under 
     paragraph (1), the opinion of the Director--
       ``(A) with respect to whether to grant a further extension 
     under this subsection, including the reasons for that 
     opinion; and
       ``(B) which shall not be binding on the agency.
       ``(4) Sunset.--The authority provided under this subsection 
     shall expire on the date that is 6 years after the date of 
     enactment of this section.
       ``(f) Consultation Guidance.--Not later than 1 year after 
     the date of enactment of this section, the Council of the 
     Inspectors General on Integrity and Efficiency, in 
     consultation with the Attorney General and the Special 
     Counsel, shall issue guidance on best practices for 
     consultation between an investigator and an agency on the 
     need to place an employee in investigative leave during an 
     investigation of the employee, including during a criminal 
     investigation, because the continued presence of the employee 
     in the workplace during the investigation may--
       ``(1) pose a threat to the employee or others;
       ``(2) result in the destruction of evidence relevant to an 
     investigation;
       ``(3) result in loss of or damage to Government property; 
     or
       ``(4) otherwise jeopardize legitimate Government interests.
       ``(g) Reporting and Records.--
       ``(1) In general.--An agency shall keep a record of the 
     placement of an employee in investigative leave or notice 
     leave by the agency, including--
       ``(A) the basis for the determination made under subsection 
     (c)(1);
       ``(B) an explanation of why an action under subsection 
     (c)(2) was not appropriate;
       ``(C) the length of the period of leave;
       ``(D) the amount of salary paid to the employee during the 
     period of leave;
       ``(E) the reasons for authorizing the leave, including, if 
     applicable, the recommendation made by an investigator under 
     subsection (d)(1); and
       ``(F) the action taken by the agency at the end of the 
     period of leave, including, if applicable, the granting of 
     any extension of a period of investigative leave under 
     subsection (d) or (e).
       ``(2) Availability of records.--An agency shall make a 
     record kept under paragraph (1) available--
       ``(A) to any committee of Congress, upon request;
       ``(B) to the Office of Personnel Management; and
       ``(C) as otherwise required by law, including for the 
     purposes of the Administrative Leave Act of 2016 and the 
     amendments made by that Act.
       ``(h) Regulations.--
       ``(1) OPM action.--Not later than 1 year after the date of 
     enactment of this section, the Director shall prescribe 
     regulations to carry out this section, including guidance to 
     agencies regarding--
       ``(A) acceptable purposes for the use of--
       ``(i) investigative leave; and
       ``(ii) notice leave;
       ``(B) the proper recording of--
       ``(i) the leave categories described in subparagraph (A); 
     and
       ``(ii) other leave authorized by law;
       ``(C) baseline factors that an agency shall consider when 
     making a determination that the continued presence of an 
     employee in the workplace may--
       ``(i) pose a threat to the employee or others;
       ``(ii) result in the destruction of evidence relevant to an 
     investigation;
       ``(iii) result in loss or damage to Government property; or
       ``(iv) otherwise jeopardize legitimate Government 
     interests; and
       ``(D) procedures and criteria for the approval of an 
     extension of a period of investigative leave under subsection 
     (d) or (e).
       ``(2) Agency action.--Not later than 1 year after the date 
     on which the Director prescribes regulations under paragraph 
     (1), each agency shall revise and implement the internal 
     policies of the agency to meet the requirements of this 
     section.
       ``(i) Relation to Other Laws.--Notwithstanding subsection 
     (a) of section 7421 of title 38, this section shall apply to 
     an employee described in subsection (b) of that section.''.
       (2) Personnel action.--Section 2302(a)(2)(A) of title 5, 
     United States Code, is amended--

[[Page S3579]]

       (A) in clause (xi), by striking ``and'' at the end;
       (B) by redesignating clause (xii) as clause (xiii); and
       (C) by inserting after clause (xi) the following:
       ``(xii) a determination made by an agency under section 
     6329b(c)(1) that the continued presence of an employee in the 
     workplace during an investigation of the employee or while 
     the employee is in a notice period, if applicable, may--
       ``(I) pose a threat to the employee or others;
       ``(II) result in the destruction of evidence relevant to an 
     investigation;
       ``(III) result in loss of or damage to Government property; 
     or
       ``(IV) otherwise jeopardize legitimate Government 
     interests; and''.
       (3) GAO report.--Not later than 5 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall report to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives on the results of an evaluation of the 
     implementation of the authority provided under sections 6329a 
     and 6329b of title 5, United States Code, as added by 
     subsection (c)(1) and paragraph (1) of this subsection, 
     respectively, including--
       (A) an assessment of agency use of the authority provided 
     under subsection (e) of such section 6329b, including data 
     regarding--
       (i) the number and length of extensions granted under that 
     subsection; and
       (ii) the number of times that the Director of the Office of 
     Personnel Management, under paragraph (3) of that 
     subsection--

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

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

``6329b. Investigative leave and notice leave.''.
       (e) Leave for Weather and Safety Issues.--
       (1) In general.--Subchapter II of chapter 63 of title 5, 
     United States Code, as amended by this section, is further 
     amended by adding at the end the following:

     ``Sec. 6329c. Weather and safety leave

       ``(a) Definitions.--In this section--
       ``(1) the term `agency'--
       ``(A) means an Executive agency (as defined in section 105 
     of this title); and
       ``(B) does not include the Government Accountability 
     Office; and
       ``(2) the term `employee'--
       ``(A) has the meaning given the term in section 2105; and
       ``(B) does not include an intermittent employee who does 
     not have an established regular tour of duty during the 
     administrative workweek.
       ``(b) Leave for Weather and Safety Issues.--An agency may 
     approve the provision of leave under this section to an 
     employee or a group of employees without loss of or reduction 
     in the pay of the employee or employees, leave to which the 
     employee or employees are otherwise entitled, or credit to 
     the employee or employees for time or service only if the 
     employee or group of employees is prevented from safely 
     traveling to or performing work at an approved location due 
     to--
       ``(1) an act of God;
       ``(2) a terrorist attack; or
       ``(3) another condition that prevents the employee or group 
     of employees from safely traveling to or performing work at 
     an approved location.
       ``(c) Records.--An agency shall record leave provided under 
     this section separately from leave authorized under any other 
     provision of law.
       ``(d) Regulations.--Not later than 1 year after the date of 
     enactment of this section, the Director of the Office of 
     Personnel Management shall prescribe regulations to carry out 
     this section, including--
       ``(1) guidance to agencies regarding the appropriate 
     purposes for providing leave under this section; and
       ``(2) the proper recording of leave provided under this 
     section.
       ``(e) Relation to Other Laws.--Notwithstanding subsection 
     (a) of section 7421 of title 38, this section shall apply to 
     an employee described in subsection (b) of that section.''.
       (2) Technical and conforming amendment.--The table of 
     sections for subchapter II of chapter 63 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 6329b, as added by this section, the following:

``6329c. Weather and safety leave.''.
       (f) Additional Oversight.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall complete a review of agency 
     policies to determine whether agencies have complied with the 
     requirements of this section and the amendments made by this 
     section.
       (2) Report to congress.--Not later than 90 days after 
     completing the review under paragraph (1), the Director shall 
     submit to Congress a report evaluating the results of the 
     review.

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

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

     SEC. 6403. NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL.

       (a) Sense of Congress.--It is the sense of Congress that it 
     should be the policy of the United States--
       (1) to continue to regularly assess the evolving terrorist 
     threat to the United States;
       (2) to catalog existing Federal Government efforts to 
     obstruct terrorist and foreign fighter travel into, out of, 
     and within the United States, and overseas;
       (3) to identify such efforts that may benefit from reform 
     or consolidation, or require elimination;

[[Page S3580]]

       (4) to identify potential security vulnerabilities in 
     United States defenses against terrorist travel; and
       (5) to prioritize resources to address any such security 
     vulnerabilities in a risk-based manner.
       (b) National Strategy and Updates.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the President shall submit a national 
     strategy to combat terrorist travel to the appropriate 
     congressional committees. The strategy shall address efforts 
     to intercept terrorists and foreign fighters and constrain 
     the domestic and international travel of such persons. 
     Consistent with the protection of classified information, the 
     strategy shall be submitted in unclassified form, including, 
     as appropriate, a classified annex.
       (2) Updated strategies.--Not later than 180 days after the 
     date on which a new President is inaugurated, the President 
     shall submit an updated version of the strategy described in 
     paragraph (1) to the appropriate congressional committees.
       (3) Contents.--The strategy required under this subsection 
     shall--
       (A) include an accounting and description of all Federal 
     Government programs, projects, and activities designed to 
     constrain domestic and international travel by terrorists and 
     foreign fighters;
       (B) identify specific security vulnerabilities within the 
     United States and outside of the United States that may be 
     exploited by terrorists and foreign fighters;
       (C) delineate goals for--
       (i) closing the security vulnerabilities identified under 
     subparagraph (B); and
       (ii) enhancing the ability of the Federal Government to 
     constrain domestic and international travel by terrorists and 
     foreign fighters; and
       (D) describe the actions that will be taken to achieve the 
     goals delineated under subparagraph (C) and the means needed 
     to carry out such actions, including--
       (i) steps to reform, improve, and streamline existing 
     Federal Government efforts to align with the current threat 
     environment;
       (ii) new programs, projects, or activities that are 
     requested, under development, or undergoing implementation;
       (iii) new authorities or changes in existing authorities 
     needed from Congress;
       (iv) specific budget adjustments being requested to enhance 
     United States security in a risk-based manner; and
       (v) the Federal departments and agencies responsible for 
     the specific actions described in this subparagraph.
       (4) Sunset.--The requirement to submit updated national 
     strategies under this subsection shall terminate on the date 
     that is 7 years after the date of enactment of this Act.
       (c) Development of Implementation Plans.--For each national 
     strategy required under subsection (b), the President shall 
     direct the heads of relevant Federal agencies to develop 
     implementation plans for each such agency.
       (d) Implementation Plans.--
       (1) In general.--The President shall submit an 
     implementation plan developed under subsection (c) to the 
     appropriate congressional committees with each national 
     strategy required under subsection (b). Consistent with the 
     protection of classified information, each such 
     implementation plan shall be submitted in unclassified form, 
     but may include a classified annex.
       (2) Annual updates.--The President shall submit an annual 
     updated implementation plan to the appropriate congressional 
     committees during the 10-year period beginning on the date of 
     enactment of this Act.
       (e) Prohibition on Additional Funding.--No additional funds 
     are authorized to be appropriated to carry out this section.
       (f) Definition.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (2) the Committee on Armed Services of the Senate;
       (3) the Select Committee on Intelligence of the Senate;
       (4) the Committee on the Judiciary of the Senate;
       (5) the Committee on Foreign Relations of the Senate;
       (6) the Committee on Appropriations of the Senate;
       (7) the Committee on Homeland Security of the House of 
     Representatives;
       (8) the Committee on Armed Services of the House of 
     Representatives;
       (9) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (10) the Committee on the Judiciary of the House of 
     Representatives;
       (11) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (12) the Committee on Appropriations of the House of 
     Representatives.

     SEC. 6404. NORTHERN BORDER THREAT ANALYSIS.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives;
       (E) the Committee on Appropriations of the House of 
     Representatives; and
       (F) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Northern border.--The term ``Northern Border'' means 
     the land and maritime borders between the United States and 
     Canada.
       (b) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a Northern Border threat 
     analysis that includes--
       (1) current and potential terrorism and criminal threats 
     posed by individuals and organized groups seeking--
       (A) to enter the United States through the Northern Border; 
     or
       (B) to exploit border vulnerabilities on the Northern 
     Border;
       (2) improvements needed at and between ports of entry along 
     the Northern Border--
       (A) to prevent terrorists and instruments of terrorism from 
     entering the United States; and
       (B) to reduce criminal activity, as measured by the total 
     flow of illegal goods, illicit drugs, and smuggled and 
     trafficked persons moved in either direction across the 
     Northern Border;
       (3) gaps in law, policy, cooperation between State, tribal, 
     and local law enforcement, international agreements, or 
     tribal agreements that hinder effective and efficient border 
     security, counter-terrorism, and anti-human smuggling and 
     trafficking efforts, and the flow of legitimate trade along 
     the Northern Border; and
       (4) whether additional U.S. Customs and Border Protection 
     preclearance and preinspection operations at ports of entry 
     along the Northern Border could help prevent terrorists and 
     instruments of terror from entering the United States.
       (c) Analysis Requirements.--For the threat analysis 
     required under subsection (b), the Secretary shall consider 
     and examine--
       (1) technology needs and challenges;
       (2) personnel needs and challenges;
       (3) the role of State, tribal, and local law enforcement in 
     general border security activities;
       (4) the need for cooperation among Federal, State, tribal, 
     local, and Canadian law enforcement entities relating to 
     border security;
       (5) the terrain, population density, and climate along the 
     Northern Border; and
       (6) the needs and challenges of Department facilities, 
     including the physical approaches to such facilities.
       (d) Classified Threat Analysis.--To the extent possible, 
     the Secretary shall submit the threat analysis required under 
     subsection (b) in unclassified form. The Secretary may submit 
     a portion of the threat analysis in classified form if the 
     Secretary determines that such form is appropriate for that 
     portion.
                                 ______
                                 
  SA 4501. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR 
                   GRANTS TO VETERANS SERVICE ORGANIZATIONS FOR 
                   TRANSPORTATION OF HIGHLY RURAL VETERANS.

       Section 307(d) of the Caregivers and Veterans Omnibus 
     Health Services Act of 2010 (Public Law 111-163; 124 Stat. 
     1154; 38 U.S.C. 1710 note) is amended by striking ``2016'' 
     and inserting ``2017''.
                                 ______
                                 
  SA 4502. Ms. MURKOWSKI (for herself, Mr. Whitehouse, Mr. Sullivan, 
Ms. Klobuchar, Mr. Franken, Ms. Baldwin, 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. ELIGIBILITY OF CERTAIN INDIVIDUALS FOR INTERMENT 
                   IN NATIONAL CEMETERIES.

       (a) In General.--Section 2402(a) of title 38, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(10) Any individual--
       ``(A) who--
       ``(i) was naturalized pursuant to section 2(1) of the Hmong 
     Veterans' Naturalization Act of 2000 (Public Law 106-207; 8 
     U.S.C. 1423 note); and
       ``(ii) at the time of the individual's death resided in the 
     United States; or
       ``(B) who--
       ``(i) the Secretary determines served with a special 
     guerrilla unit or irregular forces operating from a base in 
     Laos in support of the

[[Page S3581]]

     Armed Forces of the United States at any time during the 
     period beginning February 28, 1961, and ending May 7, 1975; 
     and
       ``(ii) at the time of the individual's death--

       ``(I) was a citizen of the United States or an alien 
     lawfully admitted for permanent residence in the United 
     States; and
       ``(II) resided in the United States.''.

       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to an individual dying on or after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 4503. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1247. PROHIBITION ON REQUIRING UNITED STATES AIR 
                   CARRIERS TO COMPLY WITH AIR DEFENSE 
                   IDENTIFICATION ZONES DECLARED BY THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       The Administrator of the Federal Aviation Administration 
     may not require, or provide instruction or guidance to, an 
     air carrier that holds an air carrier certificate issued 
     under chapter 411 of title 49, United States Code, to comply 
     with any air defense identification zone declared by the 
     People's Republic of China that is inconsistent with United 
     States policy, overlaps with preexisting air identification 
     zones, covers disputed territory, or covers a specific 
     geographic area over the East China Sea or South China Sea.
                                 ______
                                 
  SA 4504. Mr. HOEVEN (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. IDENTIFICATION AND CORRECTION OF CAPABILITIES 
                   SHORTFALLS WITH RESPECT TO ENSURING THE 
                   SECURITY OF UNITED STATES INTERCONTINENTAL 
                   BALLISTIC MISSILE SITES.

       (a) Identification of Capabilities Shortfalls.--Not later 
     than 15 days after the date of the enactment of this Act, the 
     Commander of the United States Strategic Command shall submit 
     to the congressional defense committees a classified report 
     that includes the following:
       (1) A description of extant and potential threats to the 
     security of United States intercontinental ballistic missile 
     sites.
       (2) A list of requirements for capabilities to ensure the 
     security of all United States intercontinental ballistic 
     missile sites.
       (3) A description of capabilities shortfalls within the 
     forces assigned, allocated, or otherwise provided to the 
     United States Strategic Command as of the date of the report 
     to ensure the security of all United States intercontinental 
     ballistic missile sites.
       (4) An assessment of the severity of risk associated with 
     any shortfalls identified under paragraph (3).
       (b) Correction of Capabilities Shortfalls.--
       (1) In general.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (A) take action to mitigate any capabilities shortfalls 
     identified in the report required by subsection (a);
       (B) begin a process, pursuant to section 2304 of title 10, 
     United States Code, to procure UH-1N replacement aircraft for 
     which contracts can be entered into by fiscal year 2018; and
       (C) obtain a certification from the Commander of the United 
     States Strategic Command that the action described in 
     subparagraph (A) will effectively mitigate any capabilities 
     shortfalls identified in the report required by subsection 
     (a) until the helicopters described in subparagraph (B) can 
     be procured and fielded.
       (2) Report required.--
       (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 
     the actions taken pursuant to paragraph (1).
       (B) Form of report.--The report required by subparagraph 
     (A) shall be submitted in unclassified form, but may include 
     a classified annex.
                                 ______
                                 
  SA 4505. Mr. DONNELLY (for himself, Mr. Inhofe, Mr. Kaine, Mr. Hatch, 
and Mr. Rounds) submitted an amendment intended to be proposed by him 
to the bill S. 2943, to authorize appropriations for fiscal year 2017 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       Not later than March 31, 2017, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     feasibility and advisability of modifying the amounts payable 
     for basic allowance for subsistence (BAS) for members of the 
     Armed Forces in light of potential changes in prices of goods 
     and services at commissary stores pursuant to the authority 
     granted by the amendments made by section 661. The report 
     shall include the following:
       (1) An assessment of the potential for increases in prices 
     of goods and services at commissary stores by reason of such 
     authority, set forth by locality.
       (2) An assessment of the feasibility and advisability of 
     modifications in the amounts payable for basic allowance for 
     subsistence in light of such potential increases in prices, 
     including paying basic allowance for subsistence at different 
     rates in different locations.
                                 ______
                                 
  SA 4506. Ms. WARREN (for herself, Mr. Whitehouse, Mr. Markey, Ms. 
Baldwin, Mr. Murphy, Mr. Leahy, Mrs. Murray, Mr. Merkley, Mr. Casey, 
Ms. Cantwell, Mr. Sanders, Ms. Stabenow, and Ms. Hirono) submitted an 
amendment intended to be proposed by her to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, insert the following:

                     Subtitle J--SAVE Benefits Act

     SEC. 1097. ONE-TIME SUPPLEMENTARY PAYMENT TO SOCIAL SECURITY 
                   BENEFICIARIES AND VETERANS.

       (a) One-time Supplementary Payment to Social Security 
     Beneficiaries and Veterans.--
       (1) Eligibility.--
       (A) In general.--Subject to paragraph (4)(C), the Secretary 
     of the Treasury shall disburse a payment equal to the amount 
     described in subsection (e) to each individual who, for any 
     month during the 3-month period ending with the month which 
     ends prior to the month that includes the date of the 
     enactment of this Act, is entitled to a benefit payment 
     described in clause (i), (ii), or (iii) of subparagraph (B), 
     or is eligible for a SSI cash benefit described in 
     subparagraph (C).
       (B) Benefit payment described.--For purposes of 
     subparagraph (A):
       (i) Title ii benefit.--A benefit payment described in this 
     clause is a monthly insurance benefit payable (without regard 
     to sections 202(j)(1) and 223(b) of the Social Security Act 
     (42 U.S.C. 402(j)(1), 423(b))) under--

       (I) section 202(a) of such Act (42 U.S.C. 402(a));
       (II) section 202(b) of such Act (42 U.S.C. 402(b));
       (III) section 202(c) of such Act (42 U.S.C. 402(c));
       (IV) section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 
     402(d)(1)(B)(ii));
       (V) section 202(e) of such Act (42 U.S.C. 402(e));
       (VI) section 202(f) of such Act (42 U.S.C. 402(f));
       (VII) section 202(g) of such Act (42 U.S.C. 402(g));
       (VIII) section 202(h) of such Act (42 U.S.C. 402(h));
       (IX) section 223(a) of such Act (42 U.S.C. 423(a));
       (X) section 227 of such Act (42 U.S.C. 427); or
       (XI) section 228 of such Act (42 U.S.C. 428).

       (ii) Railroad retirement benefit.--A benefit payment 
     described in this clause is a monthly annuity or pension 
     payment payable (without regard to section 5(a)(ii) of the 
     Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) 
     under--

       (I) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1));
       (II) section 2(c) of such Act (45 U.S.C. 231a(c));
       (III) section 2(d)(1)(i) of such Act (45 U.S.C. 
     231a(d)(1)(i));
       (IV) section 2(d)(1)(ii) of such Act (45 U.S.C. 
     231a(d)(1)(ii));
       (V) section 2(d)(1)(iii)(C) of such Act to an adult 
     disabled child (45 U.S.C. 231a(d)(1)(iii)(C));
       (VI) section 2(d)(1)(iv) of such Act (45 U.S.C. 
     231a(d)(1)(iv));
       (VII) section 2(d)(1)(v) of such Act (45 U.S.C. 
     231a(d)(1)(v)); or
       (VIII) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) 
     with respect to any of the benefit payments described in 
     clause (i) of this subparagraph.

       (iii) Veterans benefit.--A benefit payment described in 
     this clause is a compensation or pension payment payable 
     under--

       (I) section 1110, 1117, 1121, 1131, 1141, or 1151 of title 
     38, United States Code;

[[Page S3582]]

       (II) section 1310, 1312, 1313, 1315, 1316, or 1318 of title 
     38, United States Code;
       (III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 
     1562 of title 38, United States Code; or
       (IV) section 1805, 1815, or 1821 of title 38, United States 
     Code,

     to a veteran, surviving spouse, child, or parent as described 
     in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, 
     title 38, United States Code, who received that benefit 
     during any month within the 3-month period ending with the 
     month which ends prior to the month that includes the date of 
     the enactment of this Act.
       (C) SSI cash benefit described.--A SSI cash benefit 
     described in this subparagraph is a cash benefit payable 
     under section 1611 (other than under subsection (e)(1)(B) of 
     such section) or 1619(a) of the Social Security Act (42 
     U.S.C. 1382, 1382h).
       (2) No double payments.--An individual shall be paid only 1 
     payment under this section, regardless of whether the 
     individual is entitled to, or eligible for, more than 1 
     benefit payment described in paragraph (1).
       (3) Limitation.--A payment under this section shall not be 
     made--
       (A) in the case of an individual entitled to a benefit 
     specified in paragraph (1)(B)(i) or paragraph 
     (1)(B)(ii)(VIII) if, for the most recent month of such 
     individual's entitlement in the 3-month period described in 
     paragraph (1), such individual's benefit under such paragraph 
     was not payable by reason of subsection (x) or (y) of section 
     202 the Social Security Act (42 U.S.C. 402) or section 1129A 
     of such Act (42 U.S.C. 1320a-8a);
       (B) in the case of an individual entitled to a benefit 
     specified in paragraph (1)(B)(iii) if, for the most recent 
     month of such individual's entitlement in the 3-month period 
     described in paragraph (1), such individual's benefit under 
     such paragraph was not payable, or was reduced, by reason of 
     section 1505, 5313, or 5313B of title 38, United States Code;
       (C) in the case of an individual entitled to a benefit 
     specified in paragraph (1)(C) if, for such most recent month, 
     such individual's benefit under such paragraph was not 
     payable by reason of subsection (e)(1)(A) or (e)(4) of 
     section 1611 (42 U.S.C. 1382) or section 1129A of such Act 
     (42 U.S.C. 1320a-8);
       (D) in the case of an individual who has been penalized 
     under section 1129(a) of the Social Security Act (42 U.S.C. 
     1320-8(a)); or
       (E) in the case of any individual whose date of death 
     occurs before the date on which the individual is certified 
     under subsection (b) to receive a payment under this section.
       (4) Timing and manner of payments.--
       (A) In general.--The Secretary of the Treasury shall 
     commence disbursing payments under this section at the 
     earliest practicable date but in no event later than 120 days 
     after the date of enactment of this Act. The Secretary of the 
     Treasury may disburse any payment electronically to an 
     individual in such manner as if such payment was a benefit 
     payment to such individual under the applicable program 
     described in subparagraph (B) or (C) of paragraph (1).
       (B) Notice.--
       (i) In general.--The Secretary of the Treasury shall 
     provide written notice, sent by mail to each individual 
     receiving a payment under this section, explaining that the 
     payment represents a one-time benefit increase to the benefit 
     payment described in paragraph (1) to which the individual is 
     entitled.
       (ii) Public notice.--The Secretary of the Treasury, in 
     consultation with the Commissioner of Social Security and the 
     Secretary of Veterans Affairs, shall publish on a public 
     website information about the payments authorized under this 
     subsection, including--

       (I) information on eligibility for such payments;
       (II) information on the timeframe in which such payments 
     will be distributed; and
       (III) other relevant information.

       (C) Deadline.--No payments shall be disbursed under this 
     section after September 30, 2017, regardless of any 
     determinations of entitlement to, or eligibility for, such 
     payments made after such date.
       (b) Identification of Recipients.--The Commissioner of 
     Social Security, the Railroad Retirement Board, and the 
     Secretary of Veterans Affairs shall certify the individuals 
     entitled to receive payments under this section and provide 
     the Secretary of the Treasury with the information needed to 
     disburse such payments. A certification of an individual 
     shall be unaffected by any subsequent determination or 
     redetermination of the individual's entitlement to, or 
     eligibility for, a benefit specified in subparagraph (B) or 
     (C) of subsection (a)(1).
       (c) Treatment of Payments.--
       (1) Payment to be disregarded for purposes of all federal 
     and federally assisted programs.--A payment under subsection 
     (a) shall not be regarded as income and shall not be regarded 
     as a resource for the month of receipt and the following 9 
     months, for purposes of determining the eligibility of the 
     recipient (or the recipient's spouse or family) for benefits 
     or assistance, or the amount or extent of benefits or 
     assistance, under any Federal program or under any State or 
     local program financed in whole or in part with Federal 
     funds.
       (2) Payment not considered income for purposes of 
     taxation.--A payment under subsection (a) shall not be 
     considered as gross income for purposes of the Internal 
     Revenue Code of 1986.
       (3) Payments protected from assignment.--The provisions of 
     section 207 of the Social Security Act (42 U.S.C. 407) and 
     section 14(a) of the Railroad Retirement Act of 1974 (45 
     U.S.C. 231m(a)) shall apply to any payment made under 
     subsection (a) as if such payment was a benefit payment to 
     such individual under the applicable program described in 
     subsection (a)(1)(B).
       (4) Treatment under social security act.--
       (A) No effect on family maximum.--For purposes of section 
     203(a) of the Social Security Act (42 U.S.C. 403(a)), a 
     payment under subsection (a) shall be disregarded in 
     determining reductions in benefits under such section.
       (B) Payment not a general benefit increase.--For purposes 
     of section 215(i) of the Social Security Act (42 U.S.C. 
     415(i)), a payment under subsection (a) shall not be regarded 
     as a general benefit increase.
       (5) Payments subject to reclamation.--Any payment made 
     under this section shall, in the case of a payment by direct 
     deposit which is made after the date of the enactment of this 
     Act, be subject to the reclamation provisions under subpart B 
     of part 210 of title 31, Code of Federal Regulations 
     (relating to reclamation of benefit payments).
       (d) Payment to Representative Payees and Fiduciaries.--
       (1) In general.--In any case in which an individual who is 
     entitled to a payment under subsection (a) and whose benefit 
     payment or cash benefit described in paragraph (1) of that 
     subsection is paid to a representative payee or fiduciary, 
     the payment under subsection (a) shall be made to the 
     individual's representative payee or fiduciary and the entire 
     payment shall be used only for the benefit of the individual 
     who is entitled to the payment.
       (2) Applicability.--
       (A) Payment on the basis of a title ii benefit or ssi 
     benefit.--Section 1129(a)(3) of the Social Security Act (42 
     U.S.C. 1320a-8(a)(3)) shall apply to any payment made on the 
     basis of an entitlement to a benefit specified in paragraph 
     (1)(B)(i) or (1)(C) of subsection (a) in the same manner as 
     such section applies to a payment under title II or XVI of 
     such Act.
       (B) Payment on the basis of a railroad retirement 
     benefit.--Section 13 of the Railroad Retirement Act (45 
     U.S.C. 231l) shall apply to any payment made on the basis of 
     an entitlement to a benefit specified in paragraph (1)(B)(ii) 
     of subsection (a) in the same manner as such section applies 
     to a payment under such Act.
       (C) Payment on the basis of a veterans benefit.--Sections 
     5502, 6106, and 6108 of title 38, United States Code, shall 
     apply to any payment made on the basis of an entitlement to a 
     benefit specified in paragraph (1)(B)(iii) of subsection (a) 
     in the same manner as those sections apply to a payment under 
     that title.
       (e) Payment Amount.--The amount described in this 
     subsection is the amount that is equal to 3.9 percent of the 
     average amount of annual benefits received by an individual 
     entitled to benefits under title II of the Social Security 
     Act (42 U.S.C. 401 et seq.) in calendar year 2015, as 
     determined by the Commissioner of Social Security, rounded to 
     the next lowest multiple of $1.
       (f) Appropriation.--Out of any sums in the Treasury of the 
     United States not otherwise appropriated, the following sums 
     are appropriated for the period of fiscal years 2016 through 
     2017, to remain available until expended, to carry out this 
     section:
       (1) For the Secretary of the Treasury, such sums as may be 
     necessary for administrative costs incurred in carrying out 
     this section.
       (2) For the Commissioner of Social Security--
       (A) such sums as may be necessary for payments to 
     individuals certified by the Commissioner of Social Security 
     as entitled to receive a payment under this section; and
       (B) such sums as may be necessary to the Social Security 
     Administration's Limitation on Administrative Expenses for 
     costs incurred in carrying out this section.
       (3) For the Railroad Retirement Board--
       (A) such sums as may be necessary for payments to 
     individuals certified by the Railroad Retirement Board as 
     entitled to receive a payment under this section; and
       (B) such sums as may be necessary to the Railroad 
     Retirement Board's Limitation on Administration for 
     administrative costs incurred in carrying out this section.
       (4)(A) For the Secretary of Veterans Affairs--
       (i) such sums as may be necessary for the Compensation and 
     Pensions account, for payments to individuals certified by 
     the Secretary of Veterans Affairs as entitled to receive a 
     payment under this section; and
       (ii) such sums as may be necessary for the Information 
     Systems Technology account and the General Operating Expenses 
     account for administrative costs incurred in carrying out 
     this section.
       (B) The Department of Veterans Affairs Compensation and 
     Pensions account shall hereinafter be available for payments 
     authorized under subsection (a)(1)(A) to individuals entitled 
     to a benefit payment described in subsection (a)(1)(B)(iii).

     SEC. 1098. SPECIAL CREDIT FOR CERTAIN GOVERNMENT RETIREES.

       (a) In General.--In the case of an eligible individual, 
     there shall be allowed as a credit against the tax imposed by 
     subtitle A of the Internal Revenue Code of 1986 for the first 
     taxable year beginning in 2016 an amount equal to $581 
     ($1,162 in the case of a joint return where both spouses are 
     eligible individuals).

[[Page S3583]]

       (b) Eligible Individual.--
       (1) In general.--For purposes of this section, the term 
     ``eligible individual'' means any individual--
       (A) who receives during the first taxable year beginning in 
     2016 any amount as a pension or annuity for service performed 
     in the employ of the United States or any State, or any 
     instrumentality thereof, which is not considered employment 
     for purposes of sections 3101(a) and 3111(a) of the Internal 
     Revenue Code of 1986, and
       (B) who does not receive a payment under section 1097 
     during such taxable year.
       (2) Identification number requirement.--
       (A) In general.--The term ``eligible individual'' shall not 
     include any individual who does not include on the return of 
     tax for the taxable year--
       (i) such individual's social security account number, and
       (ii) in the case of a joint return, the social security 
     account number of one of the taxpayers on such return.
       (B) Exclusion of tin.--For purposes of subparagraph (A), 
     the social security account number shall not include a TIN 
     (as defined in section 7701(a)(41) of the Internal Revenue 
     Code of 1986) issued by the Internal Revenue Service. Any 
     omission of a correct social security account number required 
     under this paragraph shall be treated as a mathematical or 
     clerical error for purposes of applying section 6213(g)(2) of 
     such Code to such omission.
       (c) Treatment of Credit.--
       (1) Refundable credit.--
       (A) In general.--The credit allowed by subsection (a) shall 
     be treated as allowed by subpart C of part IV of subchapter A 
     of chapter 1 of the Internal Revenue Code of 1986.
       (B) Appropriations.--For purposes of section 1324(b)(2) of 
     title 31, United States Code, the credit allowed by 
     subsection (a) shall be treated in the same manner as a 
     refund from the credit allowed under section 36A of the 
     Internal Revenue Code of 1986.
       (2) Deficiency rules.--For purposes of applying section 
     6211(b)(4)(A) of the Internal Revenue Code of 1986, the 
     credit allowable by subsection (a) shall be treated in the 
     same manner as the credits listed in subparagraph (A) of 
     section 6211(b)(4).
       (d) Refunds Disregarded in the Administration of Federal 
     Programs and Federally Assisted Programs.--Any credit or 
     refund allowed or made to any individual by reason of this 
     section shall not be taken into account as income and shall 
     not be taken into account as resources for the month of 
     receipt and the following 2 months, for purposes of 
     determining the eligibility of such individual or any other 
     individual for benefits or assistance, or the amount or 
     extent of benefits or assistance, under any Federal program 
     or under any State or local program financed in whole or in 
     part with Federal funds.

     SEC. 1099. MODIFICATION OF LIMITATION ON EXCESSIVE 
                   REMUNERATION.

       (a) Repeal of Performance-Based Compensation and Commission 
     Exceptions for Limitation on Excessive Remuneration.--
       (1) In general.--Paragraph (4) of section 162(m) of the 
     Internal Revenue Code of 1986 is amended by striking 
     subparagraphs (B) and (C) and by redesignating subparagraphs 
     (D) through (G) as subparagraphs (B) through (E), 
     respectively.
       (2) Conforming amendments.--
       (A) Section 162(m)(5) of such Code is amended--
       (i) by striking ``subparagraphs (B), (C), and (D) thereof'' 
     in subparagraph (E) and inserting ``subparagraph (B) 
     thereof'', and
       (ii) by striking ``subparagraphs (F) and (G)'' in 
     subparagraph (G) and inserting ``subparagraphs (D) and (E)''.
       (B) Section 162(m)(6) of such Code is amended--
       (i) by striking ``subparagraphs (B), (C), and (D) thereof'' 
     in subparagraph (D) and inserting ``subparagraph (B) 
     thereof'', and
       (ii) by striking ``subparagraphs (F) and (G)'' in 
     subparagraph (G) and inserting ``subparagraphs (D) and (E)''.
       (b) Expansion of Applicable Employer.--Paragraph (2) of 
     section 162(m) of the Internal Revenue Code of 1986 is 
     amended to read as follows:
       ``(2) Publicly held corporation.--For purposes of this 
     subsection, the term `publicly held corporation' means any 
     corporation which is an issuer (as defined in section 3 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c))--
       ``(A) the securities of which are registered under section 
     12 of such Act (15 U.S.C. 78l), or
       ``(B) that is required to file reports under section 15(d) 
     of such Act (15 U.S.C. 78o(d)).''.
       (c) Application to All Current and Former Officers, 
     Directors, and Employees.--
       (1) In general.--Section 162(m) of the Internal Revenue 
     Code of 1986, as amended by subsection (a), is amended--
       (A) by striking ``covered employee'' each place it appears 
     in paragraphs (1) and (4) and inserting ``covered 
     individual'', and
       (B) by striking ``such employee'' each place it appears in 
     subparagraphs (A) and (E) of paragraph (4) and inserting 
     ``such individual''.
       (2) Covered individual.--Paragraph (3) of section 162(m) of 
     such Code is amended to read as follows:
       ``(3) Covered individual.--For purposes of this subsection, 
     the term `covered individual' means any individual who is an 
     officer, director, or employee of the taxpayer or a former 
     officer, director, or employee of the taxpayer.''.
       (3) Conforming amendments.--
       (A) Section 48D(b)(3)(A) of such Code is amended by 
     inserting ``(as in effect for taxable years beginning before 
     January 1, 2017)'' after ``section 162(m)(3)''.
       (B) Section 409A(b)(3)(D)(ii) of such Code is amended by 
     inserting ``(as in effect for taxable years beginning before 
     January 1, 2017)'' after ``section 162(m)(3)''.
       (d) Special Rule for Remuneration Paid to Beneficiaries, 
     etc.--Paragraph (4) of section 162(m), as amended by 
     subsection (a), is amended by adding at the end the following 
     new subparagraph:
       ``(F) Special rule for remuneration paid to beneficiaries, 
     etc.--Remuneration shall not fail to be applicable employee 
     remuneration merely because it is includible in the income 
     of, or paid to, a person other than the covered individual, 
     including after the death of the covered individual.''.
       (e) Regulatory Authority.--
       (1) In general.--Section 162(m) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(7) Regulations.--The Secretary may prescribe such 
     guidance, rules, or regulations, including with respect to 
     reporting, as are necessary to carry out the purposes of this 
     subsection.''.
       (2) Conforming amendment.--Paragraph (6) of section 162(m) 
     of such Code is amended by striking subparagraph (H).
       (f) Transfer to Social Security Trust Funds.--For purposes 
     of the amount of any increase in revenue to the Treasury by 
     reason of the amendments made by this section, any such 
     amount that is in excess of the total amount appropriated 
     under section 1097(f) of this Act shall be, at such times and 
     in such manner as determined appropriate by the Secretary of 
     the Treasury (or the Secretary's delegate), deposited in the 
     Trust Funds (as defined in subsection (c) of section 201 of 
     the Social Security Act (42 U.S.C. 401)), with--
       (1) 50 percent of such amount to be deposited in the 
     Federal Old-Age and Survivors Insurance Trust Fund (as 
     defined in subsection (a) of such section); and
       (2) 50 percent of such amount to be deposited in the 
     Federal Disability Insurance Trust Fund (as defined in 
     subsection (b) of such section).
       (g) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2016.
                                 ______
                                 
  SA 4507. 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 C of title VII, add the following:

     SEC. 764. REPORT ON HEARING LOSS, TINNITUS, AND NOISE 
                   POLLUTION DUE TO SMALL ARMS FIRE.

       (a) Sense of Congress.--It is the sense of Congress that 
     hearing loss, tinnitus, and noise pollution due to small arms 
     fire has a detrimental impact on the readiness and budget of 
     the Department of Defense.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives (and the Committee on 
     Appropriations of the Senate and the Committee on 
     Appropriations of the House of Representatives upon the 
     request of either committee) and the President pro tempore of 
     the Senate, a report on hearing loss, tinnitus, and noise 
     pollution due to small arms fire.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A verification and validation of the results included 
     in published findings on hearing loss and tinnitus due to 
     small arms fire (including the ``Clinical Study Design of 
     Noise-Induced Hearing Loss in Marine Recruits'' published by 
     E.A. Williams (nee Edelstein)).
       (B) A description of the impact on the Department of 
     Defense of noise pollution and noise ordinance requirements, 
     as set forth under title IV of the Clean Air Act (relating to 
     noise pollution) (42 U.S.C. 7641 et seq.), for small arms 
     fire (including the impact on training ranges, training 
     schedules, operational readiness, and mission parameters).
       (C) Data on the severity and rates of noise-induced hearing 
     loss and tinnitus experienced by personnel of the Department 
     due to small arms fire in training and operational 
     environments, including costs currently incurred by the 
     health care systems of the Department of Defense and the 
     Department of Veterans Affairs to treat noise-induced hearing 
     loss and tinnitus.
       (D) A description of alternative methods and strategies 
     currently being employed by the Department of Defense, as 
     well as alternative methods, technologies, and techniques 
     being considered, for the mitigation of hearing loss, 
     tinnitus, and noise pollution due to small arms fire.
       (E) A description of current mitigation strategies 
     available to reduce hearing loss, tinnitus, and noise 
     pollution as a whole and not as separate issues.

[[Page S3584]]

  

                                 ______
                                 
  SA 4508. Mr. BROWN (for himself and Ms. Warren) 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. MAXIMUM RATE OF INTEREST ON DEBTS INCURRED BEFORE 
                   MILITARY SERVICE.

       Section 207 of the Servicemembers Civil Relief Act (50 
     U.S.C. 3937) is amended--
       (1) in subsection (a)(1)(A), by inserting ``student loan,'' 
     after ``nature of a mortgage''; and
       (2) in subsection (d), by adding at the end the following:
       ``(3) Student loan.--The term `student loan' means--
       ``(A) a Federal student loan made, insured, or guaranteed 
     under title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070 et seq.);
       ``(B) a student loan made pursuant to title VII or VIII of 
     the Public Health Service Act (42 U.S.C. 292 et seq. and 296 
     et seq.); or
       ``(C) a private education loan, as defined in section 
     140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).''.
                                 ______
                                 
  SA 4509. Mr. NELSON (for himself, Mr. Gardner, Mr. Bennet, Mr. 
Shelby, and Mr. Durbin) submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike sections 1036 and 1037 and insert the following:

     SEC. 1036. COMPETITIVE PROCUREMENT AND PHASE OUT OF ROCKET 
                   ENGINES FROM THE RUSSIAN FEDERATION IN THE 
                   EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM FOR 
                   SPACE LAUNCH OF NATIONAL SECURITY SATELLITES.

       (a) In General.--Any competition for a contract for the 
     provision of launch services for the evolved expendable 
     launch vehicle program shall be open for award to all 
     certified providers of evolved expendable launch vehicle-
     class systems.
       (b) Award of Contracts.--In awarding a contract under 
     subsection (a), the Secretary of Defense--
       (1) subject to paragraph (2), shall award the contract to 
     the provider of launch services that offers the best value to 
     the Federal Government; and
       (2) notwithstanding any other provision of law, may, during 
     the period beginning on the date of the enactment of this Act 
     and ending on December 31, 2022, award the contract to a 
     provider of launch services that intends to use any certified 
     launch vehicle in its inventory without regard to the country 
     of origin of the rocket engine that will be used on that 
     launch vehicle, in order to ensure robust competition and 
     continued assured access to space.
                                 ______
                                 
  SA 4510. 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 H of title VIII, add the following:

     SEC. 399C. MANAGEMENT OF CERTAIN LITIGATION ON BEHALF OF 
                   INDEMNIFIED PRIVATE CONTRACTORS.

       (a) In General.--In cases where litigation between an 
     indemnified Department of Defense contractor and a member of 
     the Armed Forces exceeds a period of two years without final 
     judgement or settlement, and where the Department has a 
     contractual right to take charge of the litigation on behalf 
     of the contractor, the Department shall exercise that right. 
     In doing so, the Department shall ensure the fiscal burden on 
     taxpayers is minimized by avoiding lengthy and expensive 
     litigation, while simultaneously resolving the claim in a way 
     that meets the Department's obligations to members of the 
     Armed Forces and their families in a fair and timely manner.
       (b) Indemnified Department of Defense Contractor Defined.--
     In this section, the term ``indemnified Department of Defense 
     contractor'' means a contractor that has been indemnified by 
     the Department of Defense against civil judgments or 
     liability for injuries, sickness, or death of members of the 
     Armed Forces related to their work with the contractor.
                                 ______
                                 
  SA 4511. Mr. GRASSLEY (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. ENHANCED PENALTIES AND OTHER TOOLS RELATED TO 
                   MARITIME OFFENSES AND ACTS OF NUCLEAR 
                   TERRORISM.

       (a) Penalties for Maritime Offenses.--
       (1) Penalties for violence against maritime navigation.--
     Section 2280a(a)(1) of title 18, United States Code, is 
     amended, in the undesignated matter following subparagraph 
     (E), by inserting ``punished by death or'' before 
     ``imprisoned for any term''.
       (2) Penalties for offenses against maritime fixed 
     platforms.--Section 2281a(a)(1) of such title is amended, in 
     the undesignated matter following subparagraph (C), by 
     inserting ``punished by death or'' before ``imprisoned for 
     any term''.
       (b) Penalties for Acts of Nuclear Terrorism.--Section 
     2332i(c) of title 18, United States Code, is amended to read 
     as follows:
       ``(c) Penalties.--Any person who violates this section 
     shall be punished as provided under section 2332a(a).''.
       (c) Providing Material Support to Terrorists Predicates.--
       (1) Maritime offenses.--Section 2339A(a) of title 18, 
     United States Code, is amended--
       (A) by inserting ``2280a,'' after ``2280,''; and
       (B) by inserting ``2281a,'' after ``2281,''.
       (2) Acts of nuclear terrorism.--Section 2339A(a) of such 
     title, as amended by subsection (a), is further amended by 
     inserting ``2332i,'' after ``2332f,''.
       (d) Wiretap Authorization Predicates.--
       (1) Maritime offenses.--Section 2516(1) of title 18, United 
     States Code, is amended--
       (A) in paragraph (p), by striking ``or'' at the end; and
       (B) in paragraph (q), by inserting ``, section 2280, 2280a, 
     2281, or 2281a (relating to maritime safety),'' after 
     ``weapons)''.
       (2) Acts of nuclear terrorism.--Section 2516(1)(q) of such 
     title, as amended by subsection (a)(2), is further amended by 
     inserting ``, 2332i,'' after ``2332h''.
                                 ______
                                 
  SA 4512. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. IMPROVING MEDICAL REHABILITATION RESEARCH AT THE 
                   NATIONAL INSTITUTES OF HEALTH.

       (a) In General.--Section 452 of the Public Health Service 
     Act (42 U.S.C. 285g-4) is amended--
       (1) in subsection (b), by striking ``conduct and support'' 
     and inserting ``conduct, support, and coordination'';
       (2) in subsection (c)(1)(C), by striking ``of the Center'' 
     and inserting ``within the Center'';
       (3) in subsection (d)--
       (A) by striking paragraph (1) and inserting the following: 
     ``(1) The Director of the Center, in consultation with the 
     Director of the Institute, the coordinating committee 
     established under subsection (e), and the advisory board 
     established under subsection (f), shall develop a 
     comprehensive plan (referred to in this section as the 
     `Research Plan') for the conduct, support, and coordination 
     of medical rehabilitation research.'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (ii) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(C) include goals and objectives for conducting, 
     supporting, and coordinating medical rehabilitation research, 
     consistent with the purpose described in subsection (b).'';
       (C) by striking paragraph (4) and inserting the following:
       ``(4) The Director of the Center, in consultation with the 
     Director of the Institute, the coordinating committee 
     established under subsection (e), and the advisory board 
     established under subsection (f), shall revise and update the 
     Research Plan periodically, as appropriate, or not less than 
     every 5 years. Not later than 30 days after the Research Plan 
     is so revised and updated, the Director of the Center shall 
     transmit the revised and updated Research Plan to the 
     President, the Committee on Health, Education, Labor, and 
     Pensions of the Senate, and the Committee on Energy and 
     Commerce of the House of Representatives.''; and
       (D) by adding at the end the following:
       ``(5) The Director of the Center, in consultation with the 
     Director of the Institute, shall, prior to revising and 
     updating the Research Plan, prepare a report for the 
     coordinating committee established under subsection (e) and 
     the advisory board established under subsection (f) that 
     describes and

[[Page S3585]]

     analyzes the progress during the preceding fiscal year in 
     achieving the goals and objectives described in paragraph 
     (2)(C) and includes expenditures for rehabilitation research 
     at the National Institutes of Health. The report shall 
     include recommendations for revising and updating the 
     Research Plan, and such initiatives as the Director of the 
     Center and the Director of the Institute determine 
     appropriate. In preparing the report, the Director of the 
     Center and the Director of the Institute shall consult with 
     the Director of NIH.'';
       (4) in subsection (e)--
       (A) in paragraph (2), by inserting ``periodically host a 
     scientific conference or workshop on medical rehabilitation 
     research and'' after ``The Coordinating Committee shall''; 
     and
       (B) in paragraph (3), by inserting ``the Director of the 
     Division of Program Coordination, Planning, and Strategic 
     Initiatives within the Office of the Director of NIH,'' after 
     ``shall be composed of'';
       (5) in subsection (f)(3)(B)--
       (A) by redesignating clauses (ix) through (xi) as clauses 
     (x) through (xii), respectively; and
       (B) by inserting after clause (viii) the following:
       ``(ix) The Director of the Division of Program 
     Coordination, Planning, and Strategic Initiatives.''; and
       (6) by adding at the end the following:
       ``(g)(1) The Secretary and the heads of other Federal 
     agencies shall jointly review the programs carried out (or 
     proposed to be carried out) by each such official with 
     respect to medical rehabilitation research and, as 
     appropriate, enter into agreements preventing duplication 
     among such programs.
       ``(2) The Secretary shall, as appropriate, enter into 
     interagency agreements relating to the coordination of 
     medical rehabilitation research conducted by agencies of the 
     National Institutes of Health and other agencies of the 
     Federal Government.
       ``(h) For purposes of this section, the term `medical 
     rehabilitation research' means the science of mechanisms and 
     interventions that prevent, improve, restore, or replace 
     lost, underdeveloped, or deteriorating function.''.
       (b) Requirements of Certain Agreements for Enhancing 
     Coordination and Preventing Duplicative Programs of Medical 
     Rehabilitation Research.--Section 3 of the National 
     Institutes of Health Amendments of 1990 (42 U.S.C. 285g-4 
     note) is amended--
       (1) in subsection (a), by striking ``(a) In General.--''; 
     and
       (2) by striking subsection (b).
                                 ______
                                 
  SA 4513. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 538. MODIFICATION OF DISCRETIONARY AUTHORITY TO 
                   AUTHORIZE CERTAIN ENLISTMENTS IN THE ARMED 
                   FORCES.

       Section 504(b)(2) of title 10, United States Code, is 
     amended by striking ``if the Secretary'' and all that follows 
     and inserting ``if--
       ``(A) the person is lawfully present in the United States 
     at the time of enlistment; and
       ``(B) the Secretary determines that such enlistment is 
     vital to the national interest.''.
                                 ______
                                 
  SA 4514. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1227. ASSESSMENT OF INADEQUACIES IN INTERNATIONAL 
                   MONITORING AND VERIFICATION WITH RESPECT TO 
                   IRAN'S NUCLEAR PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Secretary of State, the Director of 
     National Intelligence, and the heads and other relevant 
     officials of agencies with responsibilities under section 
     1078 or 1226, submit to Congress a joint assessment report 
     detailing existing inadequacies in the international 
     monitoring and verification system, including the extent to 
     which such inadequacies relate to the findings and 
     recommendations pertaining to verification shortcomings 
     identified within--
       (1) the September 26, 2006, Government Accountability 
     Office report entitled, ``Nuclear Nonproliferation: IAEA Has 
     Strengthened Its Safeguards and Nuclear Security Programs, 
     but Weaknesses Need to Be Addressed'';
       (2) the May 16, 2013, Government Accountability Office 
     report entitled, ``IAEA Has Made Progress in Implementing 
     Critical Programs but Continues to Face Challenges'';
       (3) the Defense Science Board Study entitled, ``Task Force 
     on the Assessment of Nuclear Treaty Monitoring and 
     Verification Technologies'';
       (4) the report of the International Atomic Energy Agency 
     (in this section referred to as the ``IAEA'') entitled, ``The 
     Safeguards System of the International Atomic Energy Agency'' 
     and the IAEA Safeguards Statement for 2010;
       (5) the IAEA Safeguards Overview: Comprehensive Safeguards 
     Agreements and Additional Protocols;
       (6) the IAEA Model Additional Protocol;
       (7) the IAEA February 2015 Director General Report to the 
     Board of Governors; and
       (8) other related reports on Iranian safeguard challenges.
       (b) Recommendations.--The joint assessment report required 
     by subsection (a) shall include recommendations based upon 
     the reports referenced in that subsection, including 
     recommendations to overcome inadequacies or develop an 
     improved monitoring framework and recommendations related to 
     the following matters:
       (1) The nuclear program of Iran.
       (2) Development of a plan for--
       (A) the long-term operation and funding of increased 
     activities of the IAEA and relevant agencies in order to 
     maintain the necessary level of oversight with respect to 
     Iran's nuclear program;
       (B) resolving all issues of past and present concern with 
     the IAEA, including possible military dimensions of Iran's 
     nuclear program; and
       (C) giving IAEA inspectors access to personnel, documents, 
     and facilities involved, at any point, with nuclear or 
     nuclear weapons-related activities of Iran.
       (3) A potential national strategy and implementation plan 
     supported by a planning and assessment team aimed at cutting 
     across agency boundaries or limitations that affect the 
     ability to draw conclusions, with absolute assurance, about 
     whether Iran is developing a clandestine nuclear weapons 
     program.
       (4) The limitations of IAEA actors.
       (5) Challenges in the region that may be too large to 
     anticipate under applicable treaties or agreements or the 
     national technical means monitoring regimes alone.
       (6) Continuation of sanctions with respect to the 
     Government of Iran and Iranian persons and Iran's proxies 
     for--
       (A) ongoing abuses of human rights;
       (B) actions in support of the regime of Bashar al-Assad in 
     Syria;
       (C) procurement, sale, or transfer of technology, services, 
     or goods that support the development or acquisition of 
     weapons of mass destruction or the means of delivery of those 
     weapons; and
       (D) continuing sponsorship of international terrorism.
       (c) Form of Report.--The joint assessment report required 
     by subsection (a) shall be submitted in unclassified form, 
     but may include a classified annex.
       (d) Presidential Certification.--Not later than 60 days 
     after the joint assessment report is submitted under 
     subsection (a), the President shall certify to Congress that 
     the President has reviewed the report, including the 
     recommendations contained therein, and has taken available 
     actions to address existing gaps within the monitoring and 
     verification framework, including identified potential 
     funding needs to address necessary requirements.
                                 ______
                                 
  SA 4515. Mr. VITTER 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. TERMINATION OF LAWFUL PERMANENT RESIDENT STATUS OF 
                   CERTAIN ALIENS WHO RETURN TO AFGHANISTAN 
                   WITHOUT ADVANCE PERMISSION.

       Section 602(b) of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note) is amended--
       (1) by redesignating paragraphs (10) through (16) as 
     paragraphs (11) through (17), respectively;
       (2) by inserting after paragraph (9), the following:
       ``(10) Termination of lawful permanent residence upon 
     unauthorized return to afghanistan.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     terminate the lawful permanent resident status of any alien 
     granted such status under paragraph (9) who is outside the 
     United States if the Secretary determines that the alien has 
     visited Afghanistan without obtaining advance permission to 
     travel pursuant to subparagraph (D)(ii).
       ``(B) Service.--The termination of lawful permanent 
     residence status under subparagraph (A) shall be effective on 
     the date that is 3 days after the date on which the Secretary 
     serves notice of such termination--
       ``(i) by publishing such notice in the Federal Register;
       ``(ii) by mailing such notice to the alien's most recent 
     United States address, as provided to the Secretary under 
     section 265 of

[[Page S3586]]

     the Immigration and Nationality Act (8 U.S.C. 1305) or 
     otherwise under the immigration laws; or
       ``(iii) through personal service on the alien abroad in 
     accordance with applicable law.
       ``(C) Challenge to notice of termination.--
       ``(i) In general.--An alien whose status is terminated 
     pursuant to subparagraph (A) may challenge such termination 
     by seeking admission as an immigrant at a designated United 
     States port of entry not later than 180 days after the 
     effective date of such termination.
       ``(ii) Removal proceeding.--If an alien challenges a 
     termination in accordance with clause (i), the Secretary 
     shall place the alien in a removal proceeding under section 
     240 of the Immigration and Nationality Act (8 U.S.C. 1229a). 
     For the purpose of such removal proceeding, the alien shall 
     be considered to be an alien lawfully admitted for permanent 
     residence who is seeking an admission into the United States. 
     If the alien prevails in the removal proceeding, or on a 
     petition for review of such proceeding under section 242 of 
     such Act (8 U.S.C. 1252), the alien shall be admitted to the 
     United States for lawful permanent residence. If the alien 
     does not prevail in the removal proceeding, or on a petition 
     for review of such proceeding, the alien shall be removed 
     from the United States.
       ``(D) Travel.--The Secretary of Homeland Security--
       ``(i) upon receiving a request from an alien challenging a 
     notice of termination under subparagraph (C), shall authorize 
     travel of the alien to a designated United States port of 
     entry for the purpose of the removal proceeding described in 
     subparagraph (C)(ii); and
       ``(ii) shall establish a process through which an alien 
     granted lawful permanent residence under this section may 
     apply in advance for permission to travel to Afghanistan.
       ``(E) Judicial review.--Except as specifically provided 
     under subparagraph (C), and notwithstanding any other 
     provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision, and sections 1361 and 1651 of such 
     title, no court shall have jurisdiction to review any 
     determination made by the Secretary under this paragraph.
       ``(F) Rule of construction.--Nothing in this paragraph may 
     be construed--
       ``(i) to authorize any alien whose status has not been 
     terminated under this paragraph to travel to or to be 
     admitted to the United States;
       ``(ii) to require the Secretary to terminate the status of 
     an alien under this subsection so that the alien may travel 
     to the United States for the purpose of a removal proceeding 
     or for any other reason; or
       ``(iii) to limit the applicability of any no-fly list or 
     other travel security or public health measure otherwise 
     authorized by law.''; and
       (3) in paragraph (14), as redesignated, by striking 
     ``paragraph (12)(B)'' and inserting ``paragraph (13)(B)''.
                                 ______
                                 
  SA 4516. Mr. BURR (for himself and Mrs. Feinstein) 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 945.
                                 ______
                                 
  SA 4517. Mr. BURR (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 973.
                                 ______
                                 
  SA 4518. Mr. BURR (for himself and Mrs. Feinstein) 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 1049.
                                 ______
                                 
  SA 4519. Mr. BURR (for himself, Mrs. Feinstein, and Ms. Collins) 
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 1052.
                                 ______
                                 
  SA 4520. Mr. BURR (for himself and Mrs. Feinstein) 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 1194, line 24, strike ``committees'' and insert 
     ``committees, the Select Committee on Intelligence of the 
     Senate, and the Permanent Select Committee on Intelligence of 
     the House of Representatives''.
                                 ______
                                 
  SA 4521. Mr. BURR (for himself and Mrs. Feinstein) 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 1606.
                                 ______
                                 
  SA 4522. Mr. BURR (for himself, Mrs. Feinstein, and Ms. Collins) 
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 1633 and insert the following:

     SEC. 1633. PROCESS FOR ENDING OF ARRANGEMENT IN WHICH THE 
                   COMMANDER OF THE UNITED STATES CYBER COMMAND IS 
                   ALSO DIRECTOR OF THE NATIONAL SECURITY AGENCY.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the ending of the arrangement (commonly referred to as 
     a ``dual-hat arrangement'') under which the Commander of the 
     United States Cyber Command also serves as the Director of 
     the National Security Agency needs to be carefully considered 
     and done through conditions-based criteria; and
       (2) until such arrangement is ended, it is important to 
     ensure such arrangement does not impede the Director's 
     service of national requirements.
       (b) Processes for Ending of Current Arrangement.--The 
     Secretary of Defense may not take action to end the 
     arrangement described in subsection (a) until--
       (1) the Secretary and the Chairman of the Joint Chiefs of 
     Staff jointly determine and certify to the appropriate 
     committees of Congress that the end of that arrangement will 
     not pose risks to the military effectiveness of the United 
     States Cyber Command that are unacceptable in the national 
     security interests of the United States; or
       (2) the Director of National Intelligence determines and 
     certifies to the appropriate committees of Congress that the 
     continuation of that arrangement poses risks and impedes the 
     appropriate prioritization of national requirements.
       (c) Conditions-based Criteria.--The Secretary of Defense, 
     the Chairman of the Joint Chiefs of Staff, and the Director 
     of National Intelligence shall develop criteria for assessing 
     the military and intelligence necessity and benefit of the 
     arrangement described in subsection (a). The criteria shall 
     be based on measures of the operational dependence of the 
     United States Cyber Command on the National Security Agency 
     and the ability of each organization to accomplish their 
     roles and responsibilities independent of the other. The 
     conditions to be evaluated shall include the following:
       (1) The sufficiency of operational infrastructure.
       (2) The sufficiency of command and control systems and 
     processes for planning, deconflicting, and executing military 
     cyber operations, tools and weapons for achieving required 
     effects.
       (3) Technical intelligence collection and operational 
     preparation of the environment capabilities.
       (4) The ability to train personnel, test capabilities, and 
     rehearse missions.
       (5) The ability to meet national intelligence requirements.
       (6) The ability to correctly and impartially conduct 
     intelligence gain and loss assessments in scenarios with 
     competing requirements.
       (d) Reports.--Not later than 90 days of the date of the 
     enactment of this Act and annually thereafter until a 
     certification is made in accordance with subsection (b)--
       (1) the Secretary of Defense and the Chairman of the Joint 
     Chiefs of Staff shall submit

[[Page S3587]]

     to the appropriate committees of Congress a report that 
     describes which of the conditions set out under subsection 
     (c) have not been met; and
       (2) the Director of National Intelligence shall submit to 
     the appropriate committees of Congress an assessment of the 
     Director's continuing ability to meet national requirements 
     and appropriately conduct intelligence gain and loss 
     assessments in scenarios with competing requirements.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 4523. Mr. BURR (for himself, Mrs. Feinstein, and Ms. Collins) 
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 1207, line 13, strike ``limitation on'' and insert 
     ``process for''.

       On page 1207, line 18, insert ``ending of the'' after 
     ``that the''.

       On page 1207, beginning on line 21, strike ``is in the 
     national security interests of the United States.'' and 
     insert ``needs to be carefully considered and done through 
     conditions-based criteria and, until such arrangement is 
     ended, it is important to ensure such arrangement does not 
     impede the Director's service of national intelligence 
     requirements.''.

       On page 1207, line 23, strike ``Limitation on'' and insert 
     ``Process for''.

       On page 1207, line 25, strike ``until'' and insert 
     ``until--''.

       Beginning on page 1207, line 25, strike ``the Secretary'' 
     and all that follows through page 1208, line 6, and insert 
     the following:
       (1) the Secretary and the Chairman of the Joint Chiefs of 
     Staff jointly determine and certify to the appropriate 
     committees of Congress that the end of that arrangement will 
     not pose risks to the military effectiveness of the United 
     States Cyber Command that are unacceptable in the national 
     security interests of the United States; or
       (2) the Director of National Intelligence determines and 
     certifies to the appropriate committees of Congress that the 
     continuation of that arrangement poses risks and impedes the 
     appropriate prioritization of national intelligence 
     requirements.

       On page 1208, beginning on line 7, strike ``Secretary and 
     the Chairman'' and insert ``Secretary of Defense, the 
     Chairman of the Joint Chiefs of Staff, and the Director of 
     National Intelligence''.

       On page 1209, strike lines 3 through 12, and insert the 
     following:
       (5) The ability to meet national intelligence requirements.
       (6) The ability to correctly and impartially conduct 
     intelligence gain and loss assessments in scenarios with 
     competing requirements.
       (d) Reports.--Not later than 90 days of the date of the 
     enactment of this Act and annually thereafter until a 
     certification is made in accordance with subsection (b)--
       (1) the Secretary of Defense and the Chairman of the Joint 
     Chiefs of Staff shall submit to the appropriate committees of 
     Congress a report that describes which of the conditions set 
     out under subsection (c) have not been met; and
       (2) the Director of National Intelligence shall submit to 
     the appropriate committees of Congress an assessment of the 
     Director's continuing ability to meet national intelligence 
     requirements and appropriately conduct intelligence gain and 
     loss assessments in scenarios with competing requirements.
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress defined.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) National intelligence.--The term ``national 
     intelligence'' has the meaning given that term in section 3 
     of the National Security Act of 1947 (50 U.S.C. 3003).
                                 ______
                                 
  SA 4524. Mr. BURR (for himself, Mrs. Feinstein, and Ms. Collins) 
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 1633 and insert the following:

     SEC. 1633. PROCESS FOR ENDING OF ARRANGEMENT IN WHICH THE 
                   COMMANDER OF THE UNITED STATES CYBER COMMAND IS 
                   ALSO DIRECTOR OF THE NATIONAL SECURITY AGENCY.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the ending of the arrangement (commonly referred to as 
     a ``dual-hat arrangement'') under which the Commander of the 
     United States Cyber Command also serves as the Director of 
     the National Security Agency needs to be carefully considered 
     and done through conditions-based criteria; and
       (2) until such arrangement is ended, it is important to 
     ensure such arrangement does not impede the Director's 
     service of national intelligence requirements.
       (b) Processes for Ending of Current Arrangement.--The 
     Secretary of Defense may not take action to end the 
     arrangement described in subsection (a) until--
       (1) the Secretary and the Chairman of the Joint Chiefs of 
     Staff jointly determine and certify to the appropriate 
     committees of Congress that the end of that arrangement will 
     not pose risks to the military effectiveness of the United 
     States Cyber Command that are unacceptable in the national 
     security interests of the United States; or
       (2) the Director of National Intelligence determines and 
     certifies to the appropriate committees of Congress that the 
     continuation of that arrangement poses risks and impedes the 
     appropriate prioritization of national intelligence 
     requirements.
       (c) Conditions-based Criteria.--The Secretary of Defense, 
     the Chairman of the Joint Chiefs of Staff, and the Director 
     of National Intelligence shall develop criteria for assessing 
     the military and intelligence necessity and benefit of the 
     arrangement described in subsection (a). The criteria shall 
     be based on measures of the operational dependence of the 
     United States Cyber Command on the National Security Agency 
     and the ability of each organization to accomplish their 
     roles and responsibilities independent of the other. The 
     conditions to be evaluated shall include the following:
       (1) The sufficiency of operational infrastructure.
       (2) The sufficiency of command and control systems and 
     processes for planning, deconflicting, and executing military 
     cyber operations, tools and weapons for achieving required 
     effects.
       (3) Technical intelligence collection and operational 
     preparation of the environment capabilities.
       (4) The ability to train personnel, test capabilities, and 
     rehearse missions.
       (5) The ability to meet national intelligence requirements.
       (6) The ability to correctly and impartially conduct 
     intelligence gain and loss assessments in scenarios with 
     competing requirements.
       (d) Reports.--Not later than 90 days of the date of the 
     enactment of this Act and annually thereafter until a 
     certification is made in accordance with subsection (b)--
       (1) the Secretary of Defense and the Chairman of the Joint 
     Chiefs of Staff shall submit to the appropriate committees of 
     Congress a report that describes which of the conditions set 
     out under subsection (c) have not been met; and
       (2) the Director of National Intelligence shall submit to 
     the appropriate committees of Congress an assessment of the 
     Director's continuing ability to meet national intelligence 
     requirements and appropriately conduct intelligence gain and 
     loss assessments in scenarios with competing requirements.
       (e) Definitions.--In this section:
       (1) Appropriate committees of congress defined.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) National intelligence.--The term ``national 
     intelligence'' has the meaning given that term in section 3 
     of the National Security Act of 1947 (50 U.S.C. 3003).
                                 ______
                                 
  SA 4525. Mr. BURR (for himself and Mrs. Feinstein) 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 1242, line 4, strike ``committees'' and insert 
     ``committees, the Select Committee on Intelligence of the 
     Senate, the Permanent Select Committee on Intelligence of the 
     House of Representatives,''.
                                 ______
                                 
  SA 4526. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction,

[[Page S3588]]

and for defense activities of the Department of 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. PREFERENCE FOR POTENTIAL DEFENSE CONTRACTORS THAT 
                   CARRY OUT CERTAIN STEM-RELATED ACTIVITIES.

       In evaluating offers submitted in response to a 
     solicitation for contracts, the Secretary of Defense shall 
     provide a preference to any offeror that--
       (1) establishes or enhances undergraduate, graduate, and 
     doctoral programs in science, technology, engineering, and 
     mathematics (in this section referred to as ``STEM'' 
     disciplines);
       (2) makes investments, such as programming and curriculum 
     development, in STEM programs within elementary and secondary 
     schools, including those that support the needs of military 
     children;
       (3) encourages employees to volunteer in schools eligible 
     for assistance under part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) in 
     order to enhance STEM education and programs;
       (4) makes personnel available to advise and assist faculty 
     at colleges and universities in the performance of STEM 
     research and disciplines critical to the functions of the 
     Department of Defense;
       (5) establishes partnerships between the offeror and 
     historically Black colleges and universities (HBCUs) and 
     other minority-serving institutions for the purpose of 
     training students in scientific disciplines;
       (6) awards scholarships and fellowships, and establishes 
     cooperative work-education programs in scientific 
     disciplines;
       (7) attracts and retains faculty involved in scientific 
     disciplines critical to the functions of the Department of 
     Defense;
       (8) conducts recruitment activities at universities and 
     community colleges, including HBCUs, or offers internships or 
     apprenticeships; or
       (9) establishes programs and outreach efforts to strengthen 
     STEM.
                                 ______
                                 
  SA 4527. Mr. CASEY (for himself, Mr. Inhofe, Mr. Blumenthal, and Mr. 
Bennet) submitted an amendment intended to be proposed by him to the 
bill S. 2943, to authorize appropriations for fiscal year 2017 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 1180, strike lines 1 through 5 and insert the 
     following:
       (1) in paragraph (1)--
       (A) by striking ``fiscal year 2016'' and inserting ``fiscal 
     years 2016 and 2017''; and
       (B) by striking ``the Government of Pakistan'' and all that 
     follows and inserting ``any country that the Secretary of 
     Defense, with the concurrence of the Secretary of State, has 
     identified as critical for countering the movement of 
     precursor materials for improvised explosive devices into 
     Syria, Iraq, or Afghanistan.'';
       (2) in paragraph (2), by striking ``the Government of 
     Pakistan'' and inserting ``a country'';
       (3) in paragraph (3), striking subparagraphs (A) and (B) 
     and inserting the following new subparagraphs:
       ``(A) listing each country identified pursuant to paragraph 
     (1);
       ``(B) detailing the amount of funds to be used with respect 
     to each country identified pursuant to paragraph (1) and the 
     training, equipment, supplies, and services to be provided to 
     such country;
       ``(C) evaluating the effectiveness of efforts by each 
     country identified pursuant to paragraph (1) to counter the 
     movement of precursor materials for improvised explosive 
     devices; and
       ``(D) setting forth the overall plan to increase the 
     counter-improvised explosive device capability of each 
     country identified pursuant to paragraph (1).''; and
       (4) in paragraph (4), by striking ``December 31, 2016'' and 
     inserting ``December 31, 2017''.
       (c) Sense of Senate.--It is the sense of the Senate that--
       (1) the United States Government should continue and should 
     increase interagency efforts to disrupt the flow of 
     improvised explosive devices (IED), precursor chemicals, and 
     components into conflict areas such as Syria, Iraq, and 
     Afghanistan;
       (2) the Department of Defense has made sizeable investments 
     to attack the network, defeat the device, and facilitate 
     protection of United States forces for many years and 
     throughout the relevant theaters of operation; and
       (3) it is essential that the continuing efforts of the 
     United States to counter improvised explosive devices 
     leverage all instruments of national power, including 
     engagement and investment from diplomatic, economic, and law 
     enforcement departments and agencies.
                                 ______
                                 
  SA 4528. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

       (a) Treatment at Election of Members.--Under procedures 
     established by the Secretary of Veterans Affairs, a report on 
     an incident of sexual assault made by a member of the Armed 
     Forces while undergoing a Separation History and Physical 
     Examination to such health care personnel of the Department 
     of Veterans Affairs performing the examination as the 
     Secretary shall specify for purposes of such procedures may, 
     at the election of the member, be treated as a Restricted 
     Report on the incident for Department of Defense purposes.
       (b) Transmittal to Department of Defense.--Under procedures 
     jointly established by the Secretary of Veterans Affairs and 
     the Secretary of Defense, a report on an incident of sexual 
     assault treated as a Restricted Report pursuant to subsection 
     (a) shall be transmitted by the Department of Veterans 
     Affairs to such personnel of the Department of Defense who 
     are authorized to access Restricted Reports on incidents of 
     sexual assault as the Secretary of Defense shall specify for 
     purposes of such procedures. The transmittal shall be made in 
     a manner that preserves for all purposes the confidential 
     nature of the report as a Restricted Report.
                                 ______
                                 
  SA 4529. Mrs. MURRAY (for herself and Mr. Kaine) submitted an 
amendment intended to be proposed by her to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 562 and insert the following:

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

       (a) Scope of Program.--Subsection (a)(1) of section 2015 of 
     title 10, United States Code, is amended by striking 
     ``incident to the performance of their military duties''.
       (b) Quality Assurance of Certification Programs and 
     Standards.--Subsection (c) of such section is amended--
       (1) in paragraph (1), by striking ``under subsection (a) is 
     accredited by'' and all that follows and inserting ``under 
     subsection (a)--
       ``(A) is accredited by an accreditation body that meets the 
     requirements in paragraph (2); or
       ``(B) meets requirements in paragraph (3) or (4).''; and
       (2) by adding at the end the following new paragraphs:
       ``(3) A credentialing program meets the requirements in 
     this paragraph if--
       ``(A) the program results in a recognized postsecondary 
     credential, including--
       ``(i) an industry recognized certificate or certification, 
     including a credential recognized by employers within an 
     industry or sector to meet employment requirements, or where 
     appropriate, a credential endorsed by a nationally-recognized 
     trade association or organization representing a significant 
     part of the industry or sector;
       ``(ii) a certificate of completion of a registered 
     apprenticeship; or
       ``(iii) a license recognized by a State or the Federal 
     Government; or
       ``(B) the credential granted by the program meets standards 
     established by a Federal agency.
       ``(4) A credentialing program meets the requirements in 
     this paragraph if the program is provided by an eligible 
     training provider under section 122 of the Workforce 
     Innovation and Opportunity Act (Public Law 113-128).''.
       (c) Regulations.--Subsection (d)(3) of such section is 
     amended--
       (1) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (2) by inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) With respect to the provision of credentials under 
     this section that are accepted or preferred by employers 
     within an industry or sector, mechanisms to verify that--
       ``(i) such credentials are in fact required or preferred 
     for such employment (or advancement in such employment); and
       ``(ii) the provider of such credentialing programs meet 
     quality assurance criteria as the Secretary concerned, in 
     consultation with the Secretary of Labor, considers 
     appropriate necessary to safeguard the integrity of the 
     credentialing program and provide effective stewardship of 
     Federal resources.''.
                                 ______
                                 
  SA 4530. Mrs. GILLIBRAND (for herself and Mr. Daines) 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

[[Page S3589]]

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

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

     SEC. 1097. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE FOR 
                   VETERANS WHO SERVED IN VICINITY OF REPUBLIC OF 
                   VIETNAM.

       (a) Compensation.--Subsections (a)(1) and (f) of section 
     1116 of title 38, United States Code, are amended by 
     inserting ``(including its territorial seas)'' after ``served 
     in the Republic of Vietnam'' each place such phrase appears.
       (b) Health Care.--Section 1710(e)(4) of such title is 
     amended by inserting ``(including its territorial seas)'' 
     after ``served on active duty in the Republic of Vietnam''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect as if enacted on September 25, 
     1985.

     SEC. 1098. TEMPORARY VISA FEE FOR EMPLOYERS WITH MORE THAN 50 
                   PERCENT FOREIGN WORKFORCE.

       (a) In General.--Section 411 of the Air Transportation 
     Safety and System Stabilization Act (49 U.S.C. 40101 note), 
     as added by section 402(g) of the James Zadroga 9/11 Victim 
     Compensation Fund Reauthorization Act (title IV of division O 
     of Public Law 114-113), is amended--
       (1) by amending to section heading to read as follows: 
     ``temporary visa fee for employers with more than 50 percent 
     foreign workforce''; and
       (2) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Temporary L Visa Fee Increase.--Notwithstanding 
     section 281 of the Immigration and Nationality Act (8 U.S.C. 
     1351) or any other provision of law, the filing fee required 
     to be submitted with a petition filed under section 
     101(a)(15)(L) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(L)), except for an amended petition 
     without an extension of stay request, shall be increased by 
     $4,500 for petitioners that employ 50 or more employees in 
     the United States if more than 50 percent of the petitioner's 
     employees are nonimmigrants described in subparagraph 
     (H)(1)(b) or (L) of section 101(a)(15) of such Act. This fee 
     shall also apply to petitioners described in this subsection 
     who file an individual petition on the basis of an approved 
     blanket petition.
       ``(b) Temporary H-1b Visa Fee Increase.--Notwithstanding 
     section 281 of the Immigration and Nationality Act (8 U.S.C. 
     1351) or any other provision of law, the filing fee required 
     to be submitted with a petition under section 
     101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(H)(i)(b)), except for an amended petition 
     without an extension of stay request, shall be increased by 
     $4,000 for petitioners that employ 50 or more employees in 
     the United States if more than 50 percent of the petitioner's 
     employees are nonimmigrants described in subparagraph 
     (H)(1)(b) or (L) of section 101(a)(15) of such Act.''.
       (b) Effective Dates.--The amendments made by subsection 
     (a)--
       (1) shall take effect on the date that is 30 days after the 
     date of the enactment of this Act; and
       (2) shall apply to any petition filed during the period 
     beginning on such effective date and ending on September 30, 
     2025.
                                 ______
                                 
  SA 4531. Mr. BOOKER (for himself, Mr. Blumenthal, Mr. Nelson, Mr. 
Schumer, and Mr. Menendez) submitted an amendment intended to be 
proposed by him to the bill S. 2943, to authorize appropriations for 
fiscal year 2017 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1097. IMPLEMENTATION OF OUTSTANDING TRANSPORTATION 
                   SECURITY REQUIREMENTS.

       Not later than 6 months after the date of the enactment of 
     this Act, the Administrator of the Transportation Security 
     Administration shall, at a minimum, complete sections 1512 
     and 1517 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (6 U.S.C. 1162 and 1167).
                                 ______
                                 
  SA 4532. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 877. COMPTROLLER GENERAL REPORT ON SOLID ROCKET MOTOR 
                   (SRM) INDUSTRIAL BASE FOR TACTICAL MISSILES.

       (a) In General.--Not later than March 31, 2017, the 
     Comptroller General of the United States shall submit to the 
     congressional defense committees a report on the solid rocket 
     motor (SRM) industrial base for tactical missiles.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A review of all Department of Defense reports that have 
     been published since 2009 on the United States tactical solid 
     rocket motor (SRM) industrial base, together with the 
     analyses underlying such reports.
       (2) An examination of the factors the Department uses in 
     awarding SRM contracts and that Department of Defense 
     contractors use in awarding SRM subcontracts, including cost, 
     schedule, technical qualifications, supply chain 
     diversification, past performance, and other evaluation 
     factors, such as meeting offset obligations under foreign 
     military sales agreements.
       (3) An assessment of the foreign-built portion of the 
     United States SRM market and of the effectiveness of actions 
     taken by the Department to address the declining state of the 
     United States tactical SRM industrial base.
                                 ______
                                 
  SA 4533. Mr. SCHATZ (for himself and Mr. Sasse) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                    Subtitle J--Open Government Data

     SEC. 1097. SHORT TITLE.

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

     SEC. 1098. FINDINGS; AGENCY DEFINED.

       (a) Findings.--Congress finds the following:
       (1) Federal Government data is a valuable national 
     resource. Managing Federal Government data to make it open, 
     available, discoverable, and useable to the general public, 
     businesses, journalists, academics, and advocates promotes 
     efficiency and effectiveness in Government, creates economic 
     opportunities, promotes scientific discovery, and most 
     importantly, strengthens our democracy.
       (2) Maximizing the usefulness of Federal Government data 
     that is appropriate for release rests upon making it readily 
     available, discoverable, and usable--in a word: open. 
     Information presumptively should be available to the general 
     public unless the Federal Government reasonably foresees that 
     disclosure could harm a specific, articulable interest 
     protected by law or the Federal Government is otherwise 
     expressly prohibited from releasing such data due to 
     statutory requirements.
       (3) The Federal Government has the responsibility to be 
     transparent and accountable to its citizens.
       (4) Data controlled, collected, or created by the Federal 
     Government should be originated, transmitted, and published 
     in modern, open, and electronic format, to be as readily 
     accessible as possible, consistent with data standards imbued 
     with authority under this subtitle and to the extent 
     permitted by law.
       (5) The effort to inventory Government data will have 
     additional benefits, including identifying opportunities 
     within agencies to reduce waste, increase efficiencies, and 
     save taxpayer dollars. As such, this effort should involve 
     many types of data, including data generated by applications, 
     devices, networks, and equipment, which can be harnessed to 
     improve operations, lower energy consumption, reduce costs, 
     and strengthen security.
       (6) Communication, commerce, and data transcend national 
     borders. Global access to Government information is often 
     essential to promoting innovation, scientific discovery, 
     entrepreneurship, education, and the general welfare.
       (b) Agency Defined.--In this subtitle, the term ``agency'' 
     has the meaning given that term in section 3502 of title 44, 
     United States Code, and includes the Federal Election 
     Commission.

     SEC. 1099. RULE OF CONSTRUCTION.

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

     SEC. 1099A. FEDERAL INFORMATION POLICY DEFINITIONS.

       Section 3502 of title 44, United States Code, is amended--
       (1) in paragraph (13), by striking ``; and'' at the end and 
     inserting a semicolon;
       (2) in paragraph (14), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(15) the term `data' means recorded information, 
     regardless of form or the media on which the data is 
     recorded;
       ``(16) the term `data asset' means a collection of data 
     elements or data sets that may be grouped together;

[[Page S3590]]

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

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

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

     ``Sec. 3522. Requirements for Government data

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

``3522. Requirements for Government data.''.

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

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

       (a) Coordination of Federal Information Resources 
     Management Policy.--Section 3503 of title 44, United States 
     Code, is amended by adding at the end the following:
       ``(c) Coordination of Federal Information Resources 
     Management Policy.--The Federal Chief Information Officer 
     shall work in coordination with the Administrator of the 
     Office of Information and Regulatory Affairs and with the 
     heads of other offices within the Office of Management and 
     Budget to oversee and advise the Director on Federal 
     information resources management policy.''.
       (b) Authority and Functions of Director.--Section 3504(h) 
     of title 44, United States Code, is amended--
       (1) in paragraph (1), by inserting ``, the Federal Chief 
     Information Officer,'' after ``the Director of the National 
     Institute of Standards and Technology'';
       (2) in paragraph (4)--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon; and
       (B) by adding at the end the following:
       ``(C) oversee the completeness of the Enterprise Data 
     Inventory and the extent to which the agency is making all 
     data collected and generated by the agency available to the 
     public in accordance with section 3523;'';
       (3) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(6) coordinate the development and review of Federal 
     information resources management policy by the Administrator 
     of the Office of Information and Regulatory Affairs and the 
     Federal Chief Information Officer.''.
       (c) Change of Name of the Office of Electronic 
     Government.--
       (1) Definitions.--Section 3601 of title 44, United States 
     Code, is amended--
       (A) by striking paragraph (1);
       (B) by redesignating paragraphs (2) through (4) as 
     paragraphs (1) through (3), respectively; and
       (C) by inserting after paragraph (3), as so redesignated, 
     the following:
       ``(4) `Federal Chief Information Officer' means the Federal 
     Chief Information Officer of the Office of the Federal Chief 
     Information Officer established under section 3602;''.
       (2) Office of the federal chief information officer.--
     Section 3602 of title 44, United States Code, is amended--
       (A) in the heading, by striking ``Electronic Government'' 
     and inserting ``the Federal Chief Information Officer'';
       (B) in subsection (a), by striking ``Office of Electronic 
     Government'' and inserting ``Office of the Federal Chief 
     Information Officer'';
       (C) in subsection (b), by striking ``an Administrator'' and 
     inserting ``a Federal Chief Information Officer'';
       (D) in subsection (c), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (E) in subsection (d), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (F) in subsection (e), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (G) in subsection (f)--
       (i) in the matter preceding paragraph (1), by striking 
     ``the Administrator shall'' and inserting ``the Federal Chief 
     Information Officer shall''; and
       (ii) in paragraph (16), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''; and
       (H) in subsection (g), by striking ``the Office of 
     Electronic Government'' and inserting ``the Office of the 
     Federal Chief Information Officer''.
       (3) Chief information officers council.--Section 3603 of 
     title 44, United States Code, is amended--
       (A) in subsection (b)(2), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer'';
       (B) in subsection (c)(1), by striking ``The Administrator 
     of the Office of Electronic Government'' and inserting ``The 
     Federal Chief Information Officer''; and
       (C) in subsection (f)(3), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''.
       (4) E-Government fund.--Section 3604 of title 44, United 
     States Code, is amended--
       (A) in subsection (a)(2), by striking ``the Administrator 
     of the Office of Electronic Government'' and inserting ``the 
     Federal Chief Information Officer'';
       (B) in subsection (b), by striking ``Administrator'' each 
     place it appears and inserting ``Federal Chief Information 
     Officer''; and
       (C) in subsection (c), by striking ``the Administrator'' 
     and inserting ``the Federal Chief Information Officer''.
       (5) Program to encourage innovative solutions to enhance 
     electronic government services and processes.--Section 3605 
     of title 44, United States Code, is amended--
       (A) in subsection (a), by striking ``The Administrator'' 
     and inserting ``The Federal Chief Information Officer'';
       (B) in subsection (b), by striking ``, the Administrator,'' 
     and inserting ``, the Federal Chief Information Officer,''; 
     and
       (C) in subsection (c)--
       (i) in paragraph (1)--

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

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

``3602. Office of the Federal Chief Information Officer.''.


[[Page S3591]]


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

     SEC. 1099D. DATA INVENTORY AND PLANNING.

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

     ``Sec. 3523. Enterprise data inventory

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

``3523. Enterprise data inventory.''.

       (b) Standards for Enterprise Data Inventory.--Section 
     3504(a)(1) of title 44, United States Code, is amended--
       (1) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (2) in subparagraph (B)(vi), by striking the period at the 
     end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) issue standards for the Enterprise Data Inventory 
     described in section 3523, including--
       ``(i) a requirement that the Enterprise Data Inventory 
     include a compilation of metadata about agency data assets; 
     and
       ``(ii) criteria that the head of each agency shall use in 
     determining whether to make a particular data asset publicly 
     available in a manner that takes into account--
       ``(I) the expectation of confidentiality associated with an 
     individual data asset;
       ``(II) security considerations, including the risk that 
     information in an individual data asset in isolation does not 
     pose a security risk but when combined with other available 
     information may pose such a risk;
       ``(III) the cost and value to the public of converting the 
     data into a manner that could be understood and used by the 
     public;
       ``(IV) the expectation that all data assets that would 
     otherwise be made available under section 552 of title 5 
     (commonly referred to as the `Freedom of Information Act') be 
     disclosed; and
       ``(V) any other considerations that the Director determines 
     to be relevant.''.
       (c) Federal Agency Responsibilities.--Section 3506 of title 
     44, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(C), by striking ``security;'' and 
     inserting the following: ``security by--
       ``(i) using open format for any new Government data asset 
     created or obtained on the date that is 1 year after the date 
     of enactment of this clause; and
       ``(ii) to the extent practicable, encouraging the adoption 
     of open form for all open Government data created or obtained 
     before the date of enactment of this clause;''.
       (B) in paragraph (4), by striking ``subchapter; and'' and 
     inserting ``subchapter and a review of each agency's 
     Enterprise Data Inventory described in section 3523;'';
       (C) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(6) in consultation with the Director, develop an open 
     data plan as a part of the requirement for a strategic 
     information resources management plan described in paragraph 
     (2) that, at a minimum and to the extent practicable--
       ``(A) requires the agency to develop processes and 
     procedures that--
       ``(i) require each new data collection mechanism to use an 
     open format; and
       ``(ii) allow the agency to collaborate with non-Government 
     entities, researchers, businesses, and private citizens for 
     the purpose of understanding how data users value and use 
     open Government data;
       ``(B) identifies and implements methods for collecting and 
     analyzing digital information on data asset usage by users 
     within and outside of the agency, including designating a 
     point of contact within the agency to assist the public and 
     to respond to quality issues, usability, recommendations for 
     improvements, and complaints about adherence to open data 
     requirements in accordance with subsection (d)(2);
       ``(C) develops and implements a process to evaluate and 
     improve the timeliness, completeness, accuracy, usefulness, 
     and availability of open Government data;
       ``(D) requires the agency to update the plan at an interval 
     determined by the Director;
       ``(E) includes requirements for meeting the goals of the 
     agency open data plan including technology, training for 
     employees, and implementing procurement standards, in 
     accordance with existing law, that allow for the acquisition 
     of innovative solutions from the public and private sector; 
     and
       ``(F) prohibits the dissemination and accidental disclosure 
     of nonpublic data assets.'';
       (2) in subsection (c), by striking ``With respect to'' and 
     inserting ``Except as provided under subsection (j), with 
     respect to'';
       (3) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking 
     ``shall'';
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``shall'' before ``ensure'';
       (ii) in subparagraph (A), by striking ``sources'' and 
     inserting ``sources and uses''; and
       (iii) in subparagraph (C), by inserting ``, including 
     providing access to open Government data online'' after 
     ``economical manner'';
       (C) in paragraph (2), by inserting ``shall'' before 
     ``regularly'';
       (D) in paragraph (3)--
       (i) by inserting ``shall'' before ``provide''; and
       (ii) by striking ``; and'' and inserting a semicolon;
       (E) in paragraph (4)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``may'' before ``not''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (F) by adding at the end the following:

[[Page S3592]]

       ``(5) shall take the necessary precautions to ensure that 
     the agency maintains the production and publication of data 
     assets which are directly related to activities that protect 
     the safety of human life or property, as identified by the 
     open data plan of the agency required by subsection (b)(6); 
     and
       ``(6) may engage the public in using open Government data 
     and encourage collaboration by--
       ``(A) publishing information on open Government data usage 
     in regular, timely intervals, but not less than annually;
       ``(B) receiving public input regarding priorities for the 
     analysis and disclosure of data assets to be published;
       ``(C) assisting civil society groups and members of the 
     public working to expand the use of open Government data; and
       ``(D) hosting challenges, competitions, events, or other 
     initiatives designed to create additional value from open 
     Government data.''; and
       (4) by adding at the end the following:
       ``(j) Collection of Information Exception.--Notwithstanding 
     subsection (c), an agency is not required to meet the 
     requirements of paragraphs (2) and (3) of such subsection 
     if--
       ``(1) the waiver of those requirements is approved by the 
     head of the agency;
       ``(2) the collection of information is--
       ``(A) online and electronic;
       ``(B) voluntary and there is no perceived or actual 
     tangible benefit to the provider of the information;
       ``(C) of an extremely low burden that is typically 
     completed in 5 minutes or less; and
       ``(D) focused on gathering input about the performance of, 
     or public satisfaction with, an agency providing service; and
       ``(3) the agency publishes representative summaries of the 
     collection of information under subsection (c).''.
       (d) Repository.--The Director of the Office of Management 
     and Budget shall collaborate with the Office of Government 
     Information Services and the Administrator of General 
     Services to develop and maintain an online repository of 
     tools, best practices, and schema standards to facilitate the 
     adoption of open data practices. The repository shall--
       (1) include definitions, regulation and policy, checklists, 
     and case studies related to open data, this subtitle, and the 
     amendments made by this subtitle; and
       (2) facilitate collaboration and the adoption of best 
     practices across the Federal Government relating to the 
     adoption of open data practices.
       (e) Systematic Agency Review of Operations.--Section 305 of 
     title 5, United States Code, is amended--
       (1) in subsection (b), by adding at the end the following: 
     ``To the extent practicable, each agency shall use existing 
     data to support such reviews if the data is accurate and 
     complete.'';
       (2) in subsection (c)--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) determining the status of achieving the mission, 
     goals, and objectives of the agency as described in the 
     strategic plan of the agency published pursuant to section 
     306;''; and
       (3) by adding at the end the following:
       ``(d) Open Data Compliance Report.--Not later than 1 year 
     after the date of enactment of this subsection, and every 2 
     years thereafter, the Director of the Office of Management 
     and Budget shall electronically publish a report on agency 
     performance and compliance with the Open, Public, Electronic, 
     and Necessary Government Data Act and the amendments made by 
     that Act.''.
       (f) GAO Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report that identifies--
       (1) the value of information made available to the public 
     as a result of this subtitle and the amendments made by this 
     subtitle;
       (2) whether it is valuable to expand the publicly available 
     information to any other data assets; and
       (3) the completeness of the Enterprise Data Inventory at 
     each agency required under section 3523 of title 44, United 
     States Code, as added by this section.

     SEC. 8. TECHNOLOGY PORTAL.

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

     ``Sec. 3511A. Technology portal

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

``3511A. Technology portal.''.

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

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

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

     SEC. 1099F. EVALUATION OF AGENCY ANALYTICAL CAPABILITIES.

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

[[Page S3593]]

     the United States shall submit to Congress a report that 
     summarizes agency findings and highlights trends from the 
     reports submitted pursuant to subsection (a) and, if 
     appropriate, recommends actions to further improve agency 
     capacity to use evaluation techniques and data to support 
     evaluation efforts.

     SEC. 1099G. EFFECTIVE DATE.

       This subtitle, and the amendments made by this subtitle, 
     shall take effect on the date that is 180 days after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 4534. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 1086, between lines 18 and 19, insert the 
     following:
       ``(D) Comprehensive evaluations of the short-term, medium-
     term, and, when appropriate, long-term effectiveness of 
     initiatives to build partner capacities informed by the 
     perspectives of the recipient countries on such effectiveness 
     of such programs and activities, including regular 
     evaluations of such initiatives in the geographic area of 
     responsibility of each geographic combatant command, where 
     applicable.
                                 ______
                                 
  SA 4535. Mrs. ERNST 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. MEAT OPTIONS.

       (a) In General.--Dining facilities of the Department of 
     Defense and the Department of Homeland Security, in the case 
     of the Coast Guard when it is not operating as a service in 
     the Navy, shall provide members of the Armed Forces on a 
     daily basis with meat options that meet or exceed the 
     nutritional standards established in the most recent Dietary 
     Guidelines for Americans published under section 301 of the 
     National Nutrition Monitoring and Related Research Act of 
     1990 (7 U.S.C. 5341).
       (b) Prohibition.--None of the funds authorized to be 
     appropriated by this Act may be obligated or expended to 
     establish or enforce ``Meatless Monday'' or any other program 
     explicitly designed to reduce the amount of animal protein 
     that members of the Armed Forces voluntarily consume.
                                 ______
                                 
  SA 4536. Mr. CASSIDY submitted an amendment intended to be proposed 
by him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1097. EXTENSION OF DEADLINE FOR MILITARY TRAINING 
                   STATES.

       (a) Designation Submission.--Notwithstanding any other 
     provision of law, not later than October 26, 2024, in the 
     case of a State in which an installation or activity of the 
     Department of Defense (as defined in section 101(a)(6) of 
     title 10, United States Code) is located, with respect to the 
     final rule entitled ``National Ambient Air Quality Standards 
     for Ozone'' (80 Fed. Reg. 65292 (October 26, 2015)) (referred 
     to in this section as the ``2015 ozone standards)'', the 
     Governor of each State, in accordance with section 107(d) of 
     the Clean Air Act (42 U.S.C. 7407(d)) shall designate all 
     areas, or portions of areas, of the State as attainment, 
     nonattainment, or unclassified with respect to the 2015 ozone 
     standards.
       (b) Designation Promulgation.--Notwithstanding any other 
     provision of law, not later than October 26, 2025, in the 
     case of a State in which an installation or activity of the 
     Department of Defense is located, the Administrator of the 
     Environmental Protection Agency shall promulgate final 
     designations under section 107(d) of the Clean Air Act (42 
     U.S.C. 7407(d)) for all areas of the State with respect to 
     the 2015 ozone standards, including any modification to a 
     designation submitted under subsection (a).
       (c) State Implementation Plans.--Notwithstanding the 
     deadline described in section 110(a)(1) of the Clean Air Act 
     (42 U.S.C. 7410(a)(1)), not later than October 26, 2026, in 
     the case of a State in which an installation or activity of 
     the Department of Defense is located, the State shall submit 
     to the Administrator of the Environmental Protection Agency 
     an implementation plan required under that section with 
     respect to the 2015 ozone standards.
       (d) Preconstruction Permits.--
       (1) In general.--In the case of a State in which an 
     installation or activity of the Department of Defense is 
     located, the 2015 ozone standards shall not apply to the 
     review and disposition of a preconstruction permit 
     application required under part C or D of title I of the 
     Clean Air Act (42 U.S.C. 7470 et seq.) if the Administrator 
     or the State, local, or tribal permitting authority, as 
     applicable--
       (A) determines that the preconstruction permit application 
     is complete before the date on which final designations are 
     promulgated; or
       (B) publishes a public notice of a preliminary 
     determination or draft permit before the date that is 60 days 
     after the date on which final designations are promulgated.
       (2) Guidance for implementation.--In publishing any final 
     rule establishing or revising a national ambient air quality 
     standard, the Administrator shall, as the Administrator 
     determines necessary to assist States, permitting 
     authorities, and permit applicants, concurrently publish 
     final regulations and guidance for implementing the national 
     ambient air quality standard, including information relating 
     to submission and consideration of a preconstruction permit 
     application under the new or revised national ambient air 
     quality standard.
       (3) Applicability of national ambient air quality standard 
     to preconstruction permitting.--If the Administrator fails to 
     publish the final regulations and guidance referred to in 
     paragraph (2) that include information relating to submission 
     and consideration of a preconstruction permit application 
     under a new or revised national ambient air quality standard 
     concurrently with the national ambient air quality standard, 
     the new or revised national ambient air quality standard 
     shall not apply to the review and disposition of a 
     preconstruction permit application until the date on which 
     the Administrator publishes the final regulations and 
     guidance.
                                 ______
                                 
  SA 4537. 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 E of title III, add the following:

     SEC. 341. MITIGATION OF RISKS POSED BY ZIKA VIRUS.

       (a) Insect Repellant and Other Measures to Protect Service 
     Members From the Zika Virus.--Funds authorized to be 
     appropriated by this Act or otherwise made available for 
     operation and maintenance, Defense-wide, shall be made 
     available for the deployment of insect repellant and other 
     appropriate measures for members of the Armed Forces and 
     Department of Defense civilian personnel stationed in or 
     deployed to areas affected by the Zika virus, as well as the 
     treatment for insects at military installations located in 
     areas affected by the Zika virus inside and outside the 
     United States. The Department shall provide support as 
     appropriate to foreign governments to counter insects at 
     foreign military installations where members of the Armed 
     Forces and Department of Defense civilian personnel are 
     stationed in areas affected by the Zika virus.
       (b) Report on Efforts to Mitigate Risk to Service Members 
     Posed by the Zika Virus.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the risk members of the Armed Forces face of contracting 
     the Zika virus and the mitigation efforts being taken by the 
     Department of Defense in response. The report shall include a 
     strategy to counter the virus should it become a long-term 
     issue.
       (c) Areas Affected by the Zika Virus Defined.--In this 
     section, the term ``areas affected by the Zika virus'' means 
     areas under a level 2 or level 3 travel advisory notice 
     issued by the Centers for Disease Control and Prevention 
     related to the Zika virus.
                                 ______
                                 
  SA 4538. Mrs. MURRAY (for herself, Mr. Blumenthal, Mr. Brown, and Ms. 
Mikulski) 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 862.
                                 ______
                                 
  SA 4539. Mrs. MURRAY (for herself, Mr. Blumenthal, Mr. Brown, and Ms. 
Mikulski) 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,

[[Page S3594]]

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 of division A, 
     insert the following:

     SEC. 829K. PROHIBITION ON CONTRACTING WITH EMPLOYERS THAT 
                   ENGAGE IN WAGE THEFT BY STEALING EMPLOYEES' 
                   WAGES.

       (a) In General.--Notwithstanding section 829H, the 
     Secretary of Defense may not enter into any contract 
     described in subsection (b) with any person or business that 
     the Labor Compliance Advisor of the Department of Defense 
     determines to have owed, during the 3-year period preceding 
     the request for proposals for the contract, employees, or 
     individuals who are former employees, a cumulative amount of 
     more than $100,000 in unpaid wages and associated damages 
     resulting from violations of the Fair Labor Standards Act of 
     1938 (29 U.S.C. 201 et seq.) as determined by the Secretary 
     of Labor or a court of competent jurisdiction.
       (b) Applicable Contract.--A contract described in this 
     subsection is any procurement contract for goods and 
     services, including construction, in which the estimated 
     value of the supplies acquired and services required exceeds 
     $500,000.
                                 ______
                                 
  SA 4540. Mrs. MURRAY (for herself, Mr. Blumenthal, Mr. Brown, and Ms. 
Mikulski) 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 VIII of division A, 
     insert the following:

     SEC. 829K. PROHIBITION ON CONTRACTING WITH DISCRIMINATORY 
                   CONTRACTORS.

       (a) In General.--Notwithstanding section 829H, the 
     Secretary of Defense may not enter into any contract 
     described in subsection (b) with any person or business that 
     the Labor Compliance Advisor of the Department of Defense 
     determines to have engaged, during the 3-year period 
     preceding the request for proposals for the contract, in 
     serious, repeated, willful, or pervasive discrimination (as 
     defined under Executive Order 13673 (79 Fed. Reg. 45309; 
     relating to Fair Pay and Safe Workplaces)) on the basis of 
     sex in the payment of wages in violation of section 6(d) of 
     the Fair Labor Standards Act of 1938 (commonly known as the 
     ``Equal Pay Act of 1963'') (29 U.S.C. 206(d)) or of title VII 
     of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).
       (b) Applicable Contract.--A contract described in this 
     subsection is any procurement contract for goods and 
     services, including construction, in which the estimated 
     value of the supplies acquired and services required exceeds 
     $500,000.
                                 ______
                                 
  SA 4541. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 565. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   THE DEMOGRAPHIC COMPOSITION OF THE SERVICE 
                   ACADEMIES.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     demographic composition of the service academies.
       (b) Elements.--The report required by subsection (a) shall 
     include, for each service academy, the following:
       (1) The gender and ethnic group (in this subsection 
     referred as the ``demographic composition'') of the recruits 
     in the four most recent matriculating classes.
       (2) The demographic composition of the nominees in the four 
     most recent matriculating classes.
       (3) The demographic composition of the applicants in the 
     four most recent matriculating classes.
       (4) The demographic composition of the four most recent 
     graduating classes.
       (5) The number, demographic composition, and current grades 
     of graduates on active duty of each graduating class that 
     graduated 10 years, 20 years, and 25 years before the current 
     graduating class.
       (c) Service Academies Defined.--In this section, the term 
     ``services academies'' means the following:
       (1) The United States Military Academy.
       (2) The Naval Academy.
       (3) The Air Force Academy.
       (4) The Coast Guard Academy.
       (5) The Merchant Marine Academy.
                                 ______
                                 
  SA 4542. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle I of title X, add the following:

     SEC. 1097. WATER RESOURCE AGREEMENTS WITH FOREIGN ALLIES AND 
                   ORGANIZATIONS IN SUPPORT OF CONTINGENCY 
                   OPERATIONS.

       The Secretary of Defense, with the concurrence of the 
     Secretary of State, is authorized to enter into agreements 
     with the governments of allied countries and organizations 
     described in section 2350(a)(2) of title 10, United States 
     Code, to develop land-based water resources in support of and 
     in preparation for contingency operations, including water 
     efficiency, reuse, selection, pumping, purification, storage, 
     research and development, distribution, cooling, consumption, 
     water source intelligence, training, acquisition of water 
     support equipment, and water support operations.
                                 ______
                                 
  SA 4543. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle I of title X, add the following:

     SEC. 1097. NATIONAL LANGUAGE SERVICE CORPS.

       Section 813(a)(1) of the David L. Boren National Security 
     Education Act of 1991 (50 U.S.C. 1913(a)(1)) is amended by 
     striking ``may'' and inserting ``shall''.
                                 ______
                                 
  SA 4544. Mr. BOOKER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle C of title V, add the following:

     SEC. 538. ACCOMMODATIONS FOR THE WEARING OF ARTICLES OF FAITH 
                   ALONG WITH THE UNIFORM FOR MEMBERS OF THE ARMED 
                   FORCES.

       (a) Sense of Congress.--It is the sense of Congress that, 
     in order to increase the efficiency of the process by which 
     the Armed Forces address religious accommodation requests, 
     the Department of Defense should--
       (1) expeditiously and clearly define and publish a list of 
     religious apparel considered ``neat and conservative'' for 
     purposes of section 774 of title 10, United States Code, 
     which list should include uniform standards for articles of 
     faith such as those worn by observant Sikhs, orthodox Jews, 
     and Muslims;
       (2) modify the process for addressing religious 
     accommodation requests in order to provide that decisions on 
     such requests of current members of the Armed Forces are 
     issued not later than 30 calendar days after the filing of 
     the requests;
       (3) for individuals accessing into the Armed Forces, 
     provide that decisions on religious accommodation requests 
     are made not later than the earlier of--
       (A) 30 calendar days after of the filing of the requests; 
     or
       (B) the date on which such individuals access into the 
     Armed Forces;
       (4) provide that--
       (A) any approval of a religious accommodation request of a 
     member applies to the member throughout the member's service 
     in the Armed Forces; and
       (B) a new religious accommodation request be required of a 
     member only if there is a significant change in the member's 
     duties that raises issues of health and welfare;
       (5) provide that members not be required to violate their 
     religious beliefs while a religious accommodation request is 
     pending in a manner such that--
       (A) while a request is pending, the member concerned be 
     permitted to wear articles of faith consistent with the 
     member's beliefs; and
       (B) individuals accessing into the Armed Forces be 
     permitted to observe religious requirements, including 
     requirements for religious apparel, grooming, and appearance, 
     during the pendency of their requests;
       (6) provide that religious accommodation requests be 
     approved at the lowest level possible of command and, as 
     appropriate, forwarded to the Secretary of the military 
     department; and
       (7) not require any unnecessary testing in connection with 
     resolving religious accommodation requests.
       (b) Annual Reports on Religious Accommodation Processes of 
     the Armed Forces.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter for the 
     next seven years, the

[[Page S3595]]

     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report setting forth the following:
       (1) A description of the current process of each Armed 
     Force for addressing religious accommodation requests.
       (2) The number of religious accommodation requests 
     submitted to each Armed Force during the one-year period 
     ending on the date of such report.
       (3) The average processing time of each Armed Force for 
     religious accommodation requests during such period.
       (4) A comparison of the number and nature of religious 
     accommodation requests approved during such period with the 
     number and description of grooming standard exemptions 
     approved during such period, set forth by Armed Force.
       (5) A description of the impact, if any, on members of the 
     need for renewed religious accommodation requests in 
     connection with promotion, new duties, or transition through 
     commands during such period, set forth by Armed Force.
       (c) Religious Accommodation Request Defined.--In this 
     section, the term ``religious accommodation request'' means 
     the request of a member of the Armed Forces to wear articles 
     of faith consistent with the member's beliefs along with the 
     uniform.
                                 ______
                                 
  SA 4545. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle I of title X, add the following:

     SEC. 1097. REPORT ON SUPPLIES OF HEAVY WATER FOR SCIENTIFIC 
                   AND COMMERCIAL RESEARCH.

       Not later than 60 days after the date of enactment of this 
     Act, the Secretary of Energy shall submit to the appropriate 
     committees of Congress a report that addresses the options 
     available to the Federal Government for meeting domestic 
     requirements for supplies of heavy water for scientific and 
     commercial research.
                                 ______
                                 
  SA 4546. Mr. VITTER 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. LIMITATION ON FUNDING FOR UNITED NATIONS FRAMEWORK 
                   CONVENTION ON CLIMATE CHANGE.

       None of the funds authorized to be appropriated by this Act 
     or any other Act may be obligated or expended for the United 
     Nations Framework Convention on Climate Change, or subsidiary 
     entities including the Green Climate Fund, as long as 
     Palestine is recognized as a party to the Convention, as 
     required by--
       (1) section 410 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (Public Law 103-236; 22 U.S.C. 
     287e note); and
       (2) section 414 of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991 (Public Law 101-246; 22 U.S.C. 
     287e note).
                                 ______
                                 
  SA 4547. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle I of title X, add the following:

     SEC. 1097. PROHIBITION ON DISCRIMINATION AGAINST CERTAIN 
                   SERVICEMEMBERS WITH RESPECT TO CREDIT 
                   TRANSACTIONS.

       (a) In General.--Title II of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3931 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 209. PROHIBITION ON DISCRIMINATION IN CREDIT 
                   TRANSACTIONS.

       ``(a) Prohibition.--It shall be unlawful for any creditor 
     to discriminate against a covered servicemember with respect 
     to any aspect of a credit transaction because of the status 
     of the covered servicemember as a covered servicemember.
       ``(b) Enforcement.--In addition to the enforcement 
     authority under title VIII, the Bureau of Consumer Financial 
     Protection shall be authorized to enforce the requirements of 
     this section.
       ``(c) Definitions.--In this section:
       ``(1) The term `covered servicemember' means a service 
     member as follows:
       ``(A) A servicemember on active duty, as defined in section 
     101(d)(1) of title 10, United States Code.
       ``(B) A servicemember on active duty for a period of more 
     than 30 days, as defined in section 101(d)(2) of title 10, 
     United States Code.
       ``(C) A servicemember on active Guard and Reserve duty, as 
     defined in section 101(d)(6) of title 10, United States Code.
       ``(2) The term `creditor' has the meaning given that term 
     in section 702 of the Equal Credit Opportunity Act (15 U.S.C. 
     1691a).''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Servicemembers Civil Relief Act (50 U.S.C. 3901 
     et seq.) is amended by inserting after the item relating to 
     section 208 the following new item:

``Sec. 209. Prohibition on discrimination in credit transactions.''.
                                 ______
                                 
  SA 4548. Mr. BROWN (for himself, Mr. Blunt, Mrs. McCaskill, and Mr. 
Portman) submitted an amendment intended to be proposed by him to the 
bill S. 2943, to authorize appropriations for fiscal year 2017 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XXXV, add the following:

     SEC. 3503. FIRE-RETARDANT MATERIALS EXEMPTION.

       Section 3503 of title 46, United States Code, is amended--
       (1) in subsection (a), by striking ``2008, this section 
     does not'' and inserting ``2028, this subsection shall not''; 
     and
       (2) in subsection (b)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``of this section'' and inserting ``under subsection (a)'';
       (B) in subparagraph (A), by inserting ``and crew'' after 
     ``prospective passengers'';
       (C) in subparagraph (B), by inserting ``or crew member'' 
     after ``passenger'';
       (D) in subparagraph (C), by striking ``and'' at the end; 
     and
       (E) by striking subparagraph (D) and inserting the 
     following:
       ``(D) the owner or managing operator of the vessel shall--
       ``(i) make annual structural alterations to at least 10 
     percent of the areas of the vessel that are not constructed 
     of fire-retardant materials;
       ``(ii) provide advance notice to the Coast Guard regarding 
     the alterations made pursuant to clause (i); and
       ``(iii) comply with any noncombustible material 
     requirements prescribed by the Coast Guard; and
       ``(E) the requirements referred to in subparagraph (D)(iii) 
     shall be consistent, to the extent practicable, with the 
     preservation of the historic integrity of the vessel in areas 
     carrying or accessible to passengers or generally visible to 
     the public.''.
                                 ______
                                 
  SA 4549. Mr. REED (for himself and Ms. Mikulski) proposed an 
amendment to amendment SA 4229 proposed by Mr. McCAIN to the bill S. 
2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

       At the end, add the following:

     SEC. 1513. OTHER OVERSEAS CONTINGENCY OPERATIONS MATTERS.

       (a) Adjustments.--Section 101(d) of the Bipartisan Budget 
     Act of 2015 (Public Law 114-74; 129 Stat. 587) is amended--
       (1) by striking paragraph (2)(B) and inserting the 
     following:
       ``(B) for fiscal year 2017, $76,798,000,000.''; and
       (2) by inserting after paragraph (2) the following:
       ``(3) For purposes authorized by section 1513(b) of the 
     National Defense Authorization Act of 2017, 
     $18,000,000,000.''.
       (b) Additional Purposes.--In addition to amounts already 
     authorized to be appropriated or made available under an 
     appropriation Act making appropriations for fiscal year 2017, 
     there are authorized to be appropriated for fiscal year 
     2017--
       (1) $2,000,000,000 to address cybersecurity 
     vulnerabilities, which shall be allocated by the Director of 
     the Office of Management and Budget among nondefense 
     agencies;
       (2) $1,100,000,000 to address the heroin and opioid crisis, 
     including funding for law enforcement, treatment, and 
     prevention;
       (3) $1,900,000,000 for budget function 150 to implement the 
     integrated campaign plan to counter the Islamic State of Iraq 
     and the Levant, for assistance under the Food for Peace Act 
     (7 U.S.C. 1721 et seq.), for assistance for Israel, Jordan, 
     and Lebanon, and for embassy security;
       (4) $1,400,000,000 for security and law enforcement needs, 
     including funding for--
       (A) the Department of Homeland Security--
       (i) for the Transportation Security Administration to 
     reduce wait times and improve security;
       (ii) to hire 2,000 new Customs and Border Protection 
     Officers; and

[[Page S3596]]

       (iii) for the Coast Guard;
       (B) law enforcement at the Department of Justice, such as 
     the Federal Bureau of Investigation and hiring under the 
     Community Oriented Policing Services program; and
       (C) the Federal Emergency Management Agency for grants to 
     State and local first responders;
       (5) $3,200,000,000 to meet the infrastructure needs of the 
     United States, including--
       (A) funding for the transportation investment generating 
     economic recovery grant program carried out by the Secretary 
     of Transportation (commonly known as ``TIGER grants''); and
       (B) funding to address maintenance, construction, and 
     security-related backlogs for--
       (i) medical facilities and minor construction projects of 
     the Department of Veterans Affairs;
       (ii) the Federal Aviation Administration;
       (iii) rail and transit systems;
       (iv) the National Park System; and
       (v) the HOME Investment Partnerships Program authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12721 et seq.);
       (6) $1,900,000,000 for water infrastructure, including 
     grants and loans for rural water systems, State revolving 
     funds, and funds to mitigate lead contamination, including a 
     grant to Flint, Michigan;
       (7) $3,498,000,000 for science and technology, including--
       (A) $2,000,000,000 for the National Institutes of Health; 
     and
       (B) $1,498,000,000 for the National Science Foundation, the 
     National Aeronautics and Space Administration, the Department 
     of Energy research, including ARPA-E, and Department of 
     Agriculture research;
       (8) $1,900,000,000 for Zika prevention and treatment;
       (9) $202,000,000 for wildland fire suppression; and
       (10) $900,000,000 to fully implement the FDA Food Safety 
     Modernization Act (Public Law 111-353; 124 Stat. 3885) and 
     protect food safety, the Every Student Succeeds Act (Public 
     Law 114-95; 129 Stat. 1802), the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400), the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and 
     for college affordability.
                                 ______
                                 
  SA 4550. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 575, after line 25, add the following:
       (c) Inapplicability to Berry Amendment.--Section 2533a(i) 
     of title 10, United States Code, is amended by inserting 
     ``and section 2375 of this title'' after ``title 41''.
                                 ______
                                 
  SA 4551. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 709. EXCEPTION TO INCREASE IN COST-SHARING REQUIREMENTS 
                   FOR TRICARE PHARMACY BENEFITS PROGRAM FOR 
                   BENEFICIARIES WHO LIVE MORE THAN 40 MILES FROM 
                   A MILITARY TREATMENT FACILITY.

       (a) In General.--Notwithstanding paragraph (6) of section 
     1074g(a) of title 10, United States Code, as amended by 
     section 702(a), the Secretary of Defense may not increase 
     after the date of the enactment of this Act any cost-sharing 
     amounts under such paragraph with respect to covered 
     beneficiaries described in subsection (b).
       (b) Covered Beneficiaries Described.--Covered beneficiaries 
     described in this subsection are eligible covered 
     beneficiaries (as defined in section 1074g(g) of title 10, 
     United States Code) who live more than 40 miles driving 
     distance from the closest military treatment facility to the 
     residence of the beneficiary.
       (c) Report on Effect of Increase.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report on the potential 
     effect, without regard to subsection (a), of the increase in 
     cost-sharing amounts under section 1074g(a)(6) of title 10, 
     United States Code, on covered beneficiaries described in 
     subsection (b).
       (2) Elements.--The report required by paragraph (1) shall 
     include an assessment of how much additional costs would be 
     required of covered beneficiaries described in subsection (b) 
     per year as a result of increases in cost-sharing amounts 
     described in such paragraph, including the average amount per 
     individual and the aggregate amount.
                                 ______
                                 
  SA 4552. 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 B of title X, add the following:

     SEC. 1008. REPORT ON EFFORTS OF THE UNITED STATES MILITARY TO 
                   DETECT AND MONITOR ILLEGAL DRUG TRAFFICKING.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall, in consultation 
     with the Commander of the United States Southern Command and 
     the Commander of the United States Northern Command, submit 
     to the congressional defense committees a report setting 
     forth the following:
       (1) An assessment of the effectiveness of the efforts of 
     the United States military to detect and monitor the aerial 
     and maritime transit of illegal drugs into the United States.
       (2) An identification of gaps in capabilities that may 
     hinder the efforts of the United States military to detect 
     and monitor the aerial and maritime transit of illegal drugs 
     into the United States, and a description of any plans to 
     address and mitigate such gaps.
       (3) A description of any trends in the aerial and maritime 
     transit of illegal drugs into the United States, include 
     trafficking routes, methods of transportation, and types and 
     quantities of illegal drugs being trafficked.
       (4) An identification of opportunities and challenges 
     relating to enabling or building the capacity of partner 
     countries in the region to detect, monitor, and interdict 
     trafficking in illegal drugs.
       (5) Such other matters relating to the efforts of the 
     United States military to detect and monitor illegal drug 
     trafficking as the Secretary considers appropriate.
                                 ______
                                 
  SA 4553. Mr. LEAHY (for himself, Mr. Flake, Mr. Cardin, and Mr. 
Durbin) submitted an amendment intended to be proposed by him to the 
bill S. 2943, to authorize appropriations for fiscal year 2017 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

     SEC. 1277. SAVINGS PROVISION RELATING TO STATIONING PERSONNEL 
                   AT UNITED STATES EMBASSIES.

       Nothing in this title may be construed to prohibit or 
     restrict the Secretary of Defense, the Secretary of State, or 
     the head of any other United States Government department or 
     agency from stationing personnel at any United States embassy 
     for the purpose of carrying out their official duties.

                          ____________________