[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Pages S7041-S7099]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5151. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill H.R. 2028, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end add the following.
       ``This Act shall take effect 2 days after the date of 
     enactment.''
                                 ______
                                 
  SA 5152. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill H.R. 2028, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike ``2'' and insert `'3''
                                 ______
                                 
  SA 5153. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill H.R. 2028, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike ``3 days'' and insert `'4 days''
                                 ______
                                 
  SA 5154. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill H.R. 2028, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end add the following.
       ``This act shall be effective 6 days after enactment.''
                                 ______
                                 
  SA 5155. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill H.R. 2028, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike ``6'' and insert ``7''
                                 ______
                                 
  SA 5156. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 612, to designate the Federal building and United 
States courthouse located at 1300 Victoria Street in Laredo, Texas, as 
the ``George P. Kazen Federal Building and United States Courthouse''; 
which was ordered to lie on the table; as follows:

       At the end add the following.
       ``This Act shall take effect 2 days after the date of 
     enactment.''
                                 ______
                                 
  SA 5157. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 612, to designate the Federal building and United 
States courthouse located at 1300 Victoria Street in Laredo, Texas, as 
the ``George P. Kazen Federal Building and United States Courthouse''; 
which was ordered to lie on the table; as follows:

       Strike ``2'' and insert ``3''
                                 ______
                                 
  SA 5158. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 612, to designate the Federal building and United 
States courthouse located at 1300 Victoria Street in Laredo, Texas, as 
the ``George P. Kazen Federal Building and United States Courthouse''; 
which was ordered to lie on the table; as follows:

       Strike ``3 days'' and insert ``4 days''
                                 ______
                                 
  SA 5159. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 612, to designate the Federal building and United 
States courthouse located at 1300 Victoria Street in Laredo, Texas, as 
the ``George P. Kazen Federal Building and United States Courthouse''; 
which was ordered to lie on the table; as follows:

       At the end add the following.
       ``This act shall be effective 6 days after enactment.''
                                 ______
                                 
  SA 5160. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 612, to designate the Federal building and United 
States courthouse located at 1300 Victoria Street in Laredo, Texas, as 
the ``George P. Kazen Federal Building and United States Courthouse''; 
which was ordered to lie on the table; as follows:

       Strike ``6'' and insert ``7''
                                 ______
                                 
  SA 5161. Mrs. BOXER (for herself, Ms. Cantwell, Mr. Wyden, Mr. 
Merkley, Mrs. Murray, and Mr. Heinrich) submitted an amendment intended 
to be proposed by her to the bill S. 612, to designate the Federal 
building and United States courthouse located at 1300 Victoria Street 
in Laredo, Texas, as the ``George P. Kazen Federal Building and United 
States Courthouse''; which was ordered to lie on the table; as follows:

       Strike subtitle J of title III (relating to California 
     water).
                                 ______
                                 
  SA 5162. Mr. WYDEN (for himself, Mr. Hatch, Mr. Crapo, Mr. Risch, Mr. 
Merkley, Ms. Baldwin, Mr. Bennet, Mr. Heinrich, and Mr. Udall) 
submitted an amendment intended to be proposed by him to the bill S. 
612, to designate the Federal building and United States courthouse 
located at 1300 Victoria Street in Laredo, Texas, as the ``George P. 
Kazen Federal Building and United States Courthouse''; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY 
                   SELF-DETERMINATION ACT OF 2000.

       (a) Secure Payments for States Containing Federal Land.--
     Section 101 of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7111) is amended, in 
     subsections (a) and (b), by striking ``2015'' each place it 
     appears and inserting ``2016''.
       (b) Payments to States and Counties.--Section 102 of the 
     Secure Rural Schools and

[[Page S7042]]

     Community Self-Determination Act of 2000 (16 U.S.C. 7112) is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking subparagraph (C) and 
     inserting the following:
       ``(C) Payments for fiscal year 2014, 2015, or 2016.--The 
     election otherwise required by subparagraph (A) shall not 
     apply for fiscal year 2014, 2015, or 2016.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``fiscal years 2014 
     and 2015'' and inserting ``fiscal years 2014, 2015, and 
     2016''; and
       (ii) in subparagraph (B), by striking ``fiscal year 2015'' 
     and inserting ``fiscal year 2016''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking subparagraph (E) and 
     inserting the following:
       ``(E) Payments for fiscal years 2014, 2015, and 2016.--The 
     election made by an eligible county under subparagraph (B), 
     (C), or (D) for fiscal year 2013, or deemed to be made by the 
     county under paragraph (3)(B) for that fiscal year, shall be 
     effective for fiscal years 2014, 2015, and 2016.''; and
       (B) in paragraph (3), by striking subparagraph (C) and 
     inserting the following:
       ``(C) Payments for fiscal years 2014, 2015, and 2016.--This 
     paragraph does not apply for fiscal years 2014, 2015, and 
     2016.''.
       (c) Transition Payments to States.--Section 103(d)(2) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking 
     ``2015'' and inserting ``2016''.
       (d) Resource Advisory Committees.--Section 205(a)(4) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' 
     each place it appears and inserting ``2016''.
       (e) Termination of Authority.--Section 208 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7128) is amended--
       (1) in subsection (a), by striking ``2017'' and inserting 
     ``2018''; and
       (2) in subsection (b), by striking ``2018'' and inserting 
     ``2019''.
       (f) County Funds Termination of Authority.--Section 304 of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7144) is amended--
       (1) in subsection (a), by striking ``2017'' and inserting 
     ``2018''; and
       (2) in subsection (b), by striking ``2018'' and inserting 
     ``2019''.
       (g) Offset.--It is the sense of the Senate the costs of 
     carrying out this section and the amendments made by this 
     section will be offset.
                                 ______
                                 
  SA 5163. Mr. WYDEN (for himself, Mr. Hatch, Mr. Crapo, Mr. Risch, Mr. 
Merkley, Ms. Baldwin, Mr. Bennet, Mr. Heinrich, and Mr. Udall) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2028, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2016, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY 
                   SELF-DETERMINATION ACT OF 2000.

       (a) Secure Payments for States Containing Federal Land.--
     Section 101 of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7111) is amended, in 
     subsections (a) and (b), by striking ``2015'' each place it 
     appears and inserting ``2016''.
       (b) Payments to States and Counties.--Section 102 of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7112) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking subparagraph (C) and 
     inserting the following:
       ``(C) Payments for fiscal year 2014, 2015, or 2016.--The 
     election otherwise required by subparagraph (A) shall not 
     apply for fiscal year 2014, 2015, or 2016.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``fiscal years 2014 
     and 2015'' and inserting ``fiscal years 2014, 2015, and 
     2016''; and
       (ii) in subparagraph (B), by striking ``fiscal year 2015'' 
     and inserting ``fiscal year 2016''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking subparagraph (E) and 
     inserting the following:
       ``(E) Payments for fiscal years 2014, 2015, and 2016.--The 
     election made by an eligible county under subparagraph (B), 
     (C), or (D) for fiscal year 2013, or deemed to be made by the 
     county under paragraph (3)(B) for that fiscal year, shall be 
     effective for fiscal years 2014, 2015, and 2016.''; and
       (B) in paragraph (3), by striking subparagraph (C) and 
     inserting the following:
       ``(C) Payments for fiscal years 2014, 2015, and 2016.--This 
     paragraph does not apply for fiscal years 2014, 2015, and 
     2016.''.
       (c) Transition Payments to States.--Section 103(d)(2) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking 
     ``2015'' and inserting ``2016''.
       (d) Resource Advisory Committees.--Section 205(a)(4) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' 
     each place it appears and inserting ``2016''.
       (e) Termination of Authority.--Section 208 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7128) is amended--
       (1) in subsection (a), by striking ``2017'' and inserting 
     ``2018''; and
       (2) in subsection (b), by striking ``2018'' and inserting 
     ``2019''.
       (f) County Funds Termination of Authority.--Section 304 of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7144) is amended--
       (1) in subsection (a), by striking ``2017'' and inserting 
     ``2018''; and
       (2) in subsection (b), by striking ``2018'' and inserting 
     ``2019''.
       (g) Offset.--It is the sense of the Senate the costs of 
     carrying out this section and the amendments made by this 
     section will be offset.
                                 ______
                                 
  SA 5164. Mr. MANCHIN (for himself, Mr. Schumer, Mr. Donnelly, Mrs. 
McCaskill, Mr. Casey, Mr. Brown, Mr. Warner, Ms. Heitkamp, Mr. Leahy, 
Mr. King, Ms. Klobuchar, Mr. Wyden, Mrs. Feinstein, Mr. Franken, Mr. 
Whitehouse, Mrs. Gillibrand, Mr. Menendez, Mr. Booker, Mr. Sanders, Mr. 
Durbin, Ms. Warren, Ms. Hirono, Mr. Nelson, Mrs. Boxer, Mr. Bennet, Mr. 
Blumenthal, Ms. Baldwin, Mr. Carper, Ms. Stabenow, Mr. Kaine, Mr. 
Markey, Mr. Merkley, Mr. Murphy, Mr. Heinrich, Mr. Peters, Mrs. 
Shaheen, Mr. Tester, Mr. Udall, Mr. Reed, Ms. Cantwell, Mrs. Murray, 
Mr. Cardin, Mr. Schatz, Mr. Coons, Ms. Mikulski, Mr. Reid, Mr. Portman, 
Mrs. Capito, and Mr. Kirk) submitted an amendment intended to be 
proposed by him to the bill H.R. 2028, making appropriations for energy 
and water development and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 12, strike line 1 and all that follows 
     through page 16, line 18, and insert the following:
       ``(a) Short Title.--This section may be cited as the 
     `Miners Protection Act of 2016'.
       ``(b) Inclusion of Certain Retirees in the Multiemployer 
     Health Benefit Plan.--
       ``(1) In general.--Section 402 of the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 1232) is 
     amended--
       ``(A) in subsection (h)(2)(C)--
       ``(i) by striking `A transfer' and inserting the following:
       `` `(i) Transfer to the plan.--A transfer';
       ``(ii) by redesignating clauses (i) and (ii) as subclauses 
     (I) and (II), respectively, and moving such subclauses 2 ems 
     to the right; and
       ``(iii) by striking the matter following such subclause 
     (II) (as so redesignated) and inserting the following:
       `` `(ii) Calculation of excess.--The excess determined 
     under clause (i) shall be calculated by taking into account 
     only--

       `` ` (I) those beneficiaries actually enrolled in the Plan 
     as of the date of the enactment of the Miners Protection Act 
     of 2016 who are eligible to receive health benefits under the 
     Plan on the first day of the calendar year for which the 
     transfer is made, other than those beneficiaries enrolled in 
     the Plan under the terms of a participation agreement with 
     the current or former employer of such beneficiaries; and
       `` ` (II) those beneficiaries whose health benefits, 
     defined as those benefits payable directly following death or 
     retirement or upon a finding of disability by an employer in 
     the bituminous coal industry under a coal wage agreement (as 
     defined in section 9701(b)(1) of the Internal Revenue Code of 
     1986), would be denied or reduced as a result of a bankruptcy 
     proceeding commenced in 2012 or 2015.

       `` ` (iii) Eligibility of certain retirees.--Individuals 
     referred to in clause (ii)(II) shall be treated as eligible 
     to receive health benefits under the Plan.
       `` `(iv) Requirements for transfer.--The amount of the 
     transfer otherwise determined under this subparagraph for a 
     fiscal year shall be reduced by any amount transferred for 
     the fiscal year to the Plan, to pay benefits required under 
     the Plan, from a voluntary employees' beneficiary association 
     established as a result of a bankruptcy proceeding described 
     in clause (ii).
       `` `(v) VEBA transfer.--The administrator of such voluntary 
     employees' beneficiary association shall transfer to the Plan 
     any amounts received as a result of such bankruptcy 
     proceeding, reduced by an amount for administrative costs of 
     such association.'; and
       ``(B) in subsection (i)--
       ``(i) by redesignating paragraph (4) as paragraph (5); and
       ``(ii) by inserting after paragraph (3) the following:
       `` `(4) Additional amounts.--
       `` `(A) Calculation.--If the dollar limitation specified in 
     paragraph (3)(A) exceeds the aggregate amount required to be 
     transferred under paragraphs (1) and (2) for a fiscal year, 
     the Secretary of the Treasury shall transfer an additional 
     amount equal to the difference between such dollar limitation 
     and such aggregate amount to the trustees of the 1974 UMWA 
     Pension Plan to pay benefits required under that plan.
       `` `(B) Cessation of transfers.--The transfers described in 
     subparagraph (A) shall

[[Page S7043]]

     cease as of the first fiscal year beginning after the first 
     plan year for which the funded percentage (as defined in 
     section 432(i)(2) of the Internal Revenue Code of 1986) of 
     the 1974 UMWA Pension Plan is at least 100 percent.
       `` `(C) Prohibition on benefit increases, etc.--During a 
     fiscal year in which the 1974 UMWA Pension Plan is receiving 
     transfers under subparagraph (A), no amendment of such plan 
     which increases the liabilities of the plan by reason of any 
     increase in benefits, any change in the accrual of benefits, 
     or any change in the rate at which benefits become 
     nonforfeitable under the plan may be adopted unless the 
     amendment is required as a condition of qualification under 
     part I of subchapter D of chapter 1 of the Internal Revenue 
     Code of 1986.
       `` `(D) Treatment of transfers for purposes of withdrawal 
     liability under erisa.--The amount of any transfer made under 
     subparagraph (A) (and any earnings attributable thereto) 
     shall be disregarded in determining the unfunded vested 
     benefits of the 1974 UMWA Pension Plan and the allocation of 
     such unfunded vested benefits to an employer for purposes of 
     determining the employer's withdrawal liability under section 
     4201.
       `` `(E) Requirement to maintain contribution rate.--A 
     transfer under subparagraph (A) shall not be made for a 
     fiscal year unless the persons that are obligated to 
     contribute to the 1974 UMWA Pension Plan on the date of the 
     transfer are obligated to make the contributions at rates 
     that are no less than those in effect on the date which is 30 
     days before the date of enactment of the Miners Protection 
     Act of 2016.
       `` `(F) Enhanced annual reporting.--
       `` `(i) In general.--Not later than the 90th day of each 
     plan year beginning after the date of enactment of the Miners 
     Protection Act of 2016, the trustees of the 1974 UMWA Pension 
     Plan shall file with the Secretary of the Treasury or the 
     Secretary's delegate and the Pension Benefit Guaranty 
     Corporation a report (including appropriate documentation and 
     actuarial certifications from the plan actuary, as required 
     by the Secretary of the Treasury or the Secretary's delegate) 
     that contains--

       `` `(I) whether the plan is in endangered or critical 
     status under section 305 of the Employee Retirement Income 
     Security Act of 1974 and section 432 of the Internal Revenue 
     Code of 1986 as of the first day of such plan year;
       `` `(II) the funded percentage (as defined in section 
     432(i)(2) of such Code) as of the first day of such plan 
     year, and the underlying actuarial value of assets and 
     liabilities taken into account in determining such 
     percentage;
       `` `(III) the market value of the assets of the plan as of 
     the last day of the plan year preceding such plan year;
       `` `(IV) the total value of all contributions made during 
     the plan year preceding such plan year;
       `` `(V) the total value of all benefits paid during the 
     plan year preceding such plan year;
       `` `(VI) cash flow projections for such plan year and 
     either the 6 or 10 succeeding plan years, at the election of 
     the trustees, and the assumptions relied upon in making such 
     projections;
       `` `(VII) funding standard account projections for such 
     plan year and the 9 succeeding plan years, and the 
     assumptions relied upon in making such projections;
       `` `(VIII) the total value of all investment gains or 
     losses during the plan year preceding such plan year;
       `` `(IX) any significant reduction in the number of active 
     participants during the plan year preceding such plan year, 
     and the reason for such reduction;
       `` `(X) a list of employers that withdrew from the plan in 
     the plan year preceding such plan year, and the resulting 
     reduction in contributions;
       `` `(XI) a list of employers that paid withdrawal liability 
     to the plan during the plan year preceding such plan year 
     and, for each employer, a total assessment of the withdrawal 
     liability paid, the annual payment amount, and the number of 
     years remaining in the payment schedule with respect to such 
     withdrawal liability;
       `` `(XII) any material changes to benefits, accrual rates, 
     or contribution rates during the plan year preceding such 
     plan year;
       `` `(XIII) any scheduled benefit increase or decrease in 
     the plan year preceding such plan year having a material 
     effect on liabilities of the plan;
       `` `(XIV) details regarding any funding improvement plan or 
     rehabilitation plan and updates to such plan;
       `` `(XV) the number of participants and beneficiaries 
     during the plan year preceding such plan year who are active 
     participants, the number of participants and beneficiaries in 
     pay status, and the number of terminated vested participants 
     and beneficiaries;
       `` `(XVI) the information contained on the most recent 
     annual funding notice submitted by the plan under section 
     101(f) of the Employee Retirement Income Security Act of 
     1974;
       `` `(XVII) the information contained on the most recent 
     Department of Labor Form 5500 of the plan; and
       `` `(XVIII) copies of the plan document and amendments, 
     other retirement benefit or ancillary benefit plans relating 
     to the plan and contribution obligations under such plans, a 
     breakdown of administrative expenses of the plan, participant 
     census data and distribution of benefits, the most recent 
     actuarial valuation report as of the plan year, copies of 
     collective bargaining agreements, and financial reports, and 
     such other information as the Secretary of the Treasury or 
     the Secretary's delegate, in consultation with the Secretary 
     of Labor and the Director of the Pension Benefit Guaranty 
     Corporation, may require.

       `` `(ii) Electronic submission.--The report required under 
     clause (i) shall be submitted electronically.
       `` `(iii) Information sharing.--The Secretary of the 
     Treasury or the Secretary's delegate shall share the 
     information in the report under clause (i) with the Secretary 
     of Labor.
       `` `(iv) Penalty.--Any failure to file the report required 
     under clause (i) on or before the date described in such 
     clause shall be treated as a failure to file a report 
     required to be filed under section 6058(a) of the Internal 
     Revenue Code of 1986, except that section 6652(e) of such 
     Code shall be applied with respect to any such failure by 
     substituting `$100' for `$25'. The preceding sentence shall 
     not apply if the Secretary of the Treasury or the Secretary's 
     delegate determines that reasonable diligence has been 
     exercised by the trustees of such plan in attempting to 
     timely file such report.
       `` `(G) 1974 umwa pension plan defined.--For purposes of 
     this paragraph, the term `1974 UMWA Pension Plan' has the 
     meaning given the term in section 9701(a)(3) of the Internal 
     Revenue Code of 1986, but without regard to the limitation on 
     participation to individuals who retired in 1976 and 
     thereafter.'.
       ``(2) Effective dates.--
       ``(A) In general.--The amendments made by this subsection 
     shall apply to fiscal years beginning after September 30, 
     2016.
       ``(B) Reporting requirements.--Section 402(i)(4)(F) of the 
     Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1232(i)(4)(F)), as added by this subsection, shall apply to 
     plan years beginning after the date of the enactment of this 
     Act.
       ``(c) Clarification of Financing Obligations.--
       ``(1) In general.--Subsection (a) of section 9704 of the 
     Internal Revenue Code of 1986 is amended--
       ``(A) by striking paragraph (3),
       ``(B) by striking `three premiums' and inserting `two 
     premiums', and
       ``(C) by striking `, plus' at the end of paragraph (2) and 
     inserting a period.
       ``(2) Conforming amendments.--
       ``(A) Section 9704 of the Internal Revenue Code of 1986 is 
     amended--
       ``(i) by striking subsection (d), and
       ``(ii) by redesignating subsections (e) through (j) as 
     subsections (d) through (i), respectively.
       ``(B) Subsection (d) of section 9704 of such Code, as so 
     redesignated, is amended--
       ``(i) by striking `3 separate accounts for each of the 
     premiums described in subsections (b), (c), and (d)' in 
     paragraph (1) and inserting `2 separate accounts for each of 
     the premiums described in subsections (b) and (c)', and
       ``(ii) by striking `or the unassigned beneficiaries premium 
     account' in paragraph (3)(B).
       ``(C) Subclause (I) of section 9703(b)(2)(C)(ii) of such 
     Code is amended by striking `9704(e)(3)(B)(i)' and inserting 
     `9704(d)(3)(B)(i)'.
       ``(D) Paragraph (3) of section 9705(a) of such Code is 
     amended--
       ``(i) by striking `the unassigned beneficiary premium under 
     section 9704(a)(3) and' in subparagraph (B), and
       ``(ii) by striking `9704(i)(1)(B)' and inserting 
     `9704(h)(1)(B)'.
       ``(E) Paragraph (2) of section 9711(c) of such Code is 
     amended--
       ``(i) by striking `9704(j)(2)' in subparagraph (A)(i) and 
     inserting `9704(i)(2)',
       ``(ii) by striking `9704(j)(2)(B)' in subparagraph (B) and 
     inserting `9704(i)(2)(B)', and
       ``(iii) by striking `9704(j)' and inserting `9704(i)'.
       ``(F) Paragraph (4) of section 9712(d) of such Code is 
     amended by striking `9704(j)' and inserting `9704(i)'.
       ``(3) Elimination of additional backstop premium.--
       ``(A) In general.--Paragraph (1) of section 9712(d) of the 
     Internal Revenue Code of 1986 is amended by striking 
     subparagraph (C).
       ``(B) Conforming amendment.--Paragraph (2) of section 
     9712(d) of such Code is amended--
       ``(i) by striking subparagraph (B),
       ``(ii) by striking `, and' at the end of subparagraph (A) 
     and inserting a period, and
       ``(iii) by striking `shall provide for--' and all that 
     follows through `annual adjustments' and inserting `shall 
     provide for annual adjustments'.
       ``(4) Effective date.--The amendments made by this 
     subsection shall apply to plan years beginning after 
     September 30, 2016.
       ``(d) Customs User Fees.--
       ``(1) In general.--Section 13031(j)(3)(A) of the 
     Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
     U.S.C. 58c(j)(3)(A)) is amended by striking `September 30, 
     2025' and inserting `May 6, 2026'.
       ``(2) Rate for merchandise processing fees.--Section 503 of 
     the United States-Korea Free Trade Agreement Implementation 
     Act (Public Law 112-41; 19 U.S.C. 3805 note) is amended by 
     striking `September 30, 2025' and inserting `May 6, 2026'.
                                 ______
                                 
  SA 5165. Mr. WYDEN submitted an amendment intended to be proposed by

[[Page S7044]]

him to the bill H.R. 2028, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

           DIVISION _--CHILD AND FAMILY SERVICES AND SUPPORT

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Family First Prevention 
     Services Act of 2016''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this division is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

          TITLE I--INVESTING IN PREVENTION AND FAMILY SERVICES

Sec. 101. Purpose.

           Subtitle A--Prevention Activities Under Title IV-E

Sec. 111. Foster care prevention services and programs.
Sec. 112. Foster care maintenance payments for children with parents in 
              a licensed residential family-based treatment facility 
              for substance abuse.
Sec. 113. Title IV-E payments for evidence-based kinship navigator 
              programs.

             Subtitle B--Enhanced Support Under Title IV-B

Sec. 121. Elimination of time limit for family reunification services 
              while in foster care and permitting time-limited family 
              reunification services when a child returns home from 
              foster care.
Sec. 122. Reducing bureaucracy and unnecessary delays when placing 
              children in homes across State lines.
Sec. 123. Enhancements to grants to improve well-being of families 
              affected by substance abuse.

                       Subtitle C--Miscellaneous

Sec. 131. Reviewing and improving licensing standards for placement in 
              a relative foster family home.
Sec. 132. Development of a statewide plan to prevent child abuse and 
              neglect fatalities.
Sec. 133. Modernizing the title and purpose of title IV-E.
Sec. 134. Effective dates.

TITLE II--ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER 
                              FAMILY HOME

Sec. 201. Limitation on Federal financial participation for placements 
              that are not in foster family homes.
Sec. 202. Assessment and documentation of the need for placement in a 
              qualified residential treatment program.
Sec. 203. Protocols to prevent inappropriate diagnoses.
Sec. 204. Additional data and reports regarding children placed in a 
              setting that is not a foster family home.
Sec. 205. Effective dates; application to waivers.

      TITLE III--CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES

Sec. 301. Supporting and retaining foster families for children.
Sec. 302. Extension of child and family services programs.
Sec. 303. Improvements to the John H. Chafee Foster Care Independence 
              Program and related provisions.

TITLE IV--CONTINUING INCENTIVES TO STATES TO PROMOTE ADOPTION AND LEGAL 
                              GUARDIANSHIP

Sec. 401. Reauthorizing adoption and legal guardianship incentive 
              programs.

                     TITLE V--TECHNICAL CORRECTIONS

Sec. 501. Technical corrections to data exchange standards to improve 
              program coordination.
Sec. 502. Technical corrections to State requirement to address the 
              developmental needs of young children.

 TITLE VI--ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN 
                          ADOPTION ASSISTANCE

Sec. 601. Delay of adoption assistance phase-in.
Sec. 602. GAO study and report on State reinvestment of savings 
              resulting from increase in adoption assistance.

          TITLE I--INVESTING IN PREVENTION AND FAMILY SERVICES

     SEC. 101. PURPOSE.

       The purpose of this title is to enable States to use 
     Federal funds available under parts B and E of title IV of 
     the Social Security Act to provide enhanced support to 
     children and families and prevent foster care placements 
     through the provision of mental health and substance abuse 
     prevention and treatment services, in-home parent skill-based 
     programs, and kinship navigator services.

           Subtitle A--Prevention Activities Under Title IV-E

     SEC. 111. FOSTER CARE PREVENTION SERVICES AND PROGRAMS.

       (a) State Option.--Section 471 of the Social Security Act 
     (42 U.S.C. 671) is amended--
       (1) in subsection (a)(1), by striking ``and'' and all that 
     follows through the semicolon and inserting ``, adoption 
     assistance in accordance with section 473, and, at the option 
     of the State, services or programs specified in subsection 
     (e)(1) of this section for children who are candidates for 
     foster care or who are pregnant or parenting foster youth and 
     the parents or kin caregivers of the children, in accordance 
     with the requirements of that subsection;''; and
       (2) by adding at the end the following:
       ``(e) Prevention and Family Services and Programs.--
       ``(1) In general.--Subject to the succeeding provisions of 
     this subsection, the Secretary may make a payment to a State 
     for providing the following services or programs for a child 
     described in paragraph (2) and the parents or kin caregivers 
     of the child when the need of the child, such a parent, or 
     such a caregiver for the services or programs are directly 
     related to the safety, permanence, or well-being of the child 
     or to preventing the child from entering foster care:
       ``(A) Mental health and substance abuse prevention and 
     treatment services.--Mental health and substance abuse 
     prevention and treatment services provided by a qualified 
     clinician for not more than a 12-month period that begins on 
     any date described in paragraph (3) with respect to the 
     child.
       ``(B) In-home parent skill-based programs.--In-home parent 
     skill-based programs for not more than a 12-month period that 
     begins on any date described in paragraph (3) with respect to 
     the child and that include parenting skills training, parent 
     education, and individual and family counseling.
       ``(2) Child described.--For purposes of paragraph (1), a 
     child described in this paragraph is the following:
       ``(A) A child who is a candidate for foster care (as 
     defined in section 475(13)) but can remain safely at home or 
     in a kinship placement with receipt of services or programs 
     specified in paragraph (1).
       ``(B) A child in foster care who is a pregnant or parenting 
     foster youth.
       ``(3) Date described.--For purposes of paragraph (1), the 
     dates described in this paragraph are the following:
       ``(A) The date on which a child is identified in a 
     prevention plan maintained under paragraph (4) as a child who 
     is a candidate for foster care (as defined in section 
     475(13)).
       ``(B) The date on which a child is identified in a 
     prevention plan maintained under paragraph (4) as a pregnant 
     or parenting foster youth in need of services or programs 
     specified in paragraph (1).
       ``(4) Requirements related to providing services and 
     programs.--Services and programs specified in paragraph (1) 
     may be provided under this subsection only if specified in 
     advance in the child's prevention plan described in 
     subparagraph (A) and the requirements in subparagraphs (B) 
     through (E) are met:
       ``(A) Prevention plan.--The State maintains a written 
     prevention plan for the child that meets the following 
     requirements (as applicable):
       ``(i) Candidates.--In the case of a child who is a 
     candidate for foster care described in paragraph (2)(A), the 
     prevention plan shall--

       ``(I) identify the foster care prevention strategy for the 
     child so that the child may remain safely at home, live 
     temporarily with a kin caregiver until reunification can be 
     safely achieved, or live permanently with a kin caregiver;
       ``(II) list the services or programs to be provided to or 
     on behalf of the child to ensure the success of that 
     prevention strategy; and
       ``(III) comply with such other requirements as the 
     Secretary shall establish.

       ``(ii) Pregnant or parenting foster youth.--In the case of 
     a child who is a pregnant or parenting foster youth described 
     in paragraph (2)(B), the prevention plan shall--

       ``(I) be included in the child's case plan required under 
     section 475(1);
       ``(II) list the services or programs to be provided to or 
     on behalf of the youth to ensure that the youth is prepared 
     (in the case of a pregnant foster youth) or able (in the case 
     of a parenting foster youth) to be a parent;
       ``(III) describe the foster care prevention strategy for 
     any child born to the youth; and
       ``(IV) comply with such other requirements as the Secretary 
     shall establish.

       ``(B) Trauma-informed.--The services or programs to be 
     provided to or on behalf of a child are provided under an 
     organizational structure and treatment framework that 
     involves understanding, recognizing, and responding to the 
     effects of all types of trauma and in accordance with 
     recognized principles of a trauma-informed approach and 
     trauma-specific interventions to address trauma's 
     consequences and facilitate healing.
       ``(C) Only services and programs provided in accordance 
     with promising, supported, or well-supported practices 
     permitted.--
       ``(i) In general.--Only State expenditures for services or 
     programs specified in subparagraph (A) or (B) of paragraph 
     (1) that are provided in accordance with practices that meet 
     the requirements specified in clause (ii) of this 
     subparagraph and that meet the requirements specified in 
     clause (iii), (iv), or

[[Page S7045]]

     (v), respectively, for being a promising, supported, or well-
     supported practice, shall be eligible for a Federal matching 
     payment under section 474(a)(6)(A).
       ``(ii) General practice requirements.--The general practice 
     requirements specified in this clause are the following:

       ``(I) The practice has a book, manual, or other available 
     writings that specify the components of the practice protocol 
     and describe how to administer the practice.
       ``(II) There is no empirical basis suggesting that, 
     compared to its likely benefits, the practice constitutes a 
     risk of harm to those receiving it.
       ``(III) If multiple outcome studies have been conducted, 
     the overall weight of evidence supports the benefits of the 
     practice.
       ``(IV) Outcome measures are reliable and valid, and are 
     administrated consistently and accurately across all those 
     receiving the practice.
       ``(V) There is no case data suggesting a risk of harm that 
     was probably caused by the treatment and that was severe or 
     frequent.

       ``(iii) Promising practice.--A practice shall be considered 
     to be a `promising practice' if the practice is superior to 
     an appropriate comparison practice using conventional 
     standards of statistical significance (in terms of 
     demonstrated meaningful improvements in validated measures of 
     important child and parent outcomes, such as mental health, 
     substance abuse, and child safety and well-being), as 
     established by the results or outcomes of at least one study 
     that--

       ``(I) was rated by an independent systematic review for the 
     quality of the study design and execution and determined to 
     be well-designed and well-executed; and
       ``(II) utilized some form of control (such as an untreated 
     group, a placebo group, or a wait list study).

       ``(iv) Supported practice.--A practice shall be considered 
     to be a `supported practice' if--

       ``(I) the practice is superior to an appropriate comparison 
     practice using conventional standards of statistical 
     significance (in terms of demonstrated meaningful 
     improvements in validated measures of important child and 
     parent outcomes, such as mental health, substance abuse, and 
     child safety and well-being), as established by the results 
     or outcomes of at least one study that--

       ``(aa) was rated by an independent systematic review for 
     the quality of the study design and execution and determined 
     to be well-designed and well-executed;
       ``(bb) was a rigorous random-controlled trial (or, if not 
     available, a study using a rigorous quasi-experimental 
     research design); and
       ``(cc) was carried out in a usual care or practice setting; 
     and

       ``(II) the study described in subclause (I) established 
     that the practice has a sustained effect (when compared to a 
     control group) for at least 6 months beyond the end of the 
     treatment.

       ``(v) Well-supported practice.--A practice shall be 
     considered to be a `well-supported practice' if--

       ``(I) the practice is superior to an appropriate comparison 
     practice using conventional standards of statistical 
     significance (in terms of demonstrated meaningful 
     improvements in validated measures of important child and 
     parent outcomes, such as mental health, substance abuse, and 
     child safety and well-being), as established by the results 
     or outcomes of at least two studies that--

       ``(aa) were rated by an independent systematic review for 
     the quality of the study design and execution and determined 
     to be well-designed and well-executed;
       ``(bb) were rigorous random-controlled trials (or, if not 
     available, studies using a rigorous quasi-experimental 
     research design); and
       ``(cc) were carried out in a usual care or practice 
     setting; and

       ``(II) at least one of the studies described in subclause 
     (I) established that the practice has a sustained effect 
     (when compared to a control group) for at least 1 year beyond 
     the end of treatment.

       ``(D) Guidance on practices criteria and pre-approved 
     services and programs.--
       ``(i) In general.--Not later than October 1, 2018, the 
     Secretary shall issue guidance to States regarding the 
     practices criteria required for services or programs to 
     satisfy the requirements of subparagraph (C). The guidance 
     shall include a pre-approved list of services and programs 
     that satisfy the requirements.
       ``(ii) Updates.--The Secretary shall issue updates to the 
     guidance required by clause (i) as often as the Secretary 
     determines necessary.
       ``(E) Outcome assessment and reporting.--The State shall 
     collect and report to the Secretary the following information 
     with respect to each child for whom, or on whose behalf 
     mental health and substance abuse prevention and treatment 
     services or in-home parent skill-based programs are provided 
     during a 12-month period beginning on the date the child is 
     determined by the State to be a child described in paragraph 
     (2):
       ``(i) The specific services or programs provided and the 
     total expenditures for each of the services or programs.
       ``(ii) The duration of the services or programs provided.
       ``(iii) In the case of a child described in paragraph 
     (2)(A), the child's placement status at the beginning, and at 
     the end, of the 1-year period, respectively, and whether the 
     child entered foster care within 2 years after being 
     determined a candidate for foster care.
       ``(5) State plan component.--
       ``(A) In general.--A State electing to provide services or 
     programs specified in paragraph (1) shall submit as part of 
     the State plan required by subsection (a) a prevention 
     services and programs plan component that meets the 
     requirements of subparagraph (B).
       ``(B) Prevention services and programs plan component.--In 
     order to meet the requirements of this subparagraph, a 
     prevention services and programs plan component, with respect 
     to each 5-year period for which the plan component is in 
     operation in the State, shall include the following:
       ``(i) How providing services and programs specified in 
     paragraph (1) is expected to improve specific outcomes for 
     children and families.
       ``(ii) How the State will monitor and oversee the safety of 
     children who receive services and programs specified in 
     paragraph (1), including through periodic risk assessments 
     throughout the period in which the services and programs are 
     provided on behalf of a child and reexamination of the 
     prevention plan maintained for the child under paragraph (4) 
     for the provision of the services or programs if the State 
     determines the risk of the child entering foster care remains 
     high despite the provision of the services or programs.
       ``(iii) With respect to the services and programs specified 
     in subparagraphs (A) and (B) of paragraph (1), information on 
     the specific promising, supported, or well-supported 
     practices the State plans to use to provide the services or 
     programs, including a description of--

       ``(I) the services or programs and whether the practices 
     used are promising, supported, or well-supported;
       ``(II) how the State plans to implement the services or 
     programs, including how implementation of the services or 
     programs will be continuously monitored to ensure fidelity to 
     the practice model and to determine outcomes achieved and how 
     information learned from the monitoring will be used to 
     refine and improve practices;
       ``(III) how the State selected the services or programs;
       ``(IV) the target population for the services or programs; 
     and
       ``(V) how each service or program provided will be 
     evaluated through a well-designed and rigorous process, which 
     may consist of an ongoing, cross-site evaluation approved by 
     the Secretary.

       ``(iv) A description of the consultation that the State 
     agencies responsible for administering the State plans under 
     this part and part B engage in with other State agencies 
     responsible for administering health programs, including 
     mental health and substance abuse prevention and treatment 
     services, and with other public and private agencies with 
     experience in administering child and family services, 
     including community-based organizations, in order to foster a 
     continuum of care for children described in paragraph (2) and 
     their parents or kin caregivers.
       ``(v) A description of how the State shall assess children 
     and their parents or kin caregivers to determine eligibility 
     for services or programs specified in paragraph (1).
       ``(vi) A description of how the services or programs 
     specified in paragraph (1) that are provided for or on behalf 
     of a child and the parents or kin caregivers of the child 
     will be coordinated with other child and family services 
     provided to the child and the parents or kin caregivers of 
     the child under the State plan under part B.
       ``(vii) Descriptions of steps the State is taking to 
     support and enhance a competent, skilled, and professional 
     child welfare workforce to deliver trauma-informed and 
     evidence-based services, including--

       ``(I) ensuring that staff is qualified to provide services 
     or programs that are consistent with the promising, 
     supported, or well-supported practice models selected; and
       ``(II) developing appropriate prevention plans, and 
     conducting the risk assessments required under clause (iii).

       ``(viii) A description of how the State will provide 
     training and support for caseworkers in assessing what 
     children and their families need, connecting to the families 
     served, knowing how to access and deliver the needed trauma-
     informed and evidence-based services, and overseeing and 
     evaluating the continuing appropriateness of the services.
       ``(ix) A description of how caseload size and type for 
     prevention caseworkers will be determined, managed, and 
     overseen.
       ``(x) An assurance that the State will report to the 
     Secretary such information and data as the Secretary may 
     require with respect to the provision of services and 
     programs specified in paragraph (1), including information 
     and data necessary to determine the performance measures for 
     the State under paragraph (6) and compliance with paragraph 
     (7).
       ``(C) Reimbursement for services under the prevention plan 
     component.--
       ``(i) Limitation.--Except as provided in subclause (ii), a 
     State may not receive a Federal payment under this part for a 
     given promising, supported, or well-supported practice unless 
     (in accordance with subparagraph (B)(iii)(V)) the plan 
     includes a well-designed and rigorous evaluation strategy for 
     that practice.

[[Page S7046]]

       ``(ii) Waiver of limitation.--The Secretary may waive the 
     requirement for a well-designed and rigorous evaluation of 
     any well-supported practice if the Secretary deems the 
     evidence of the effectiveness of the practice to be 
     compelling and the State meets the continuous quality 
     improvement requirements included in subparagraph 
     (B)(iii)(II) with regard to the practice.
       ``(6) Prevention services measures.--
       ``(A) Establishment; annual updates.--Beginning with fiscal 
     year 2021, and annually thereafter, the Secretary shall 
     establish the following prevention services measures based on 
     information and data reported by States that elect to provide 
     services and programs specified in paragraph (1):
       ``(i) Percentage of candidates for foster care who do not 
     enter foster care.--The percentage of candidates for foster 
     care for whom, or on whose behalf, the services or programs 
     are provided who do not enter foster care, including those 
     placed with a kin caregiver outside of foster care, during 
     the 12-month period in which the services or programs are 
     provided and through the end of the succeeding 12-month-
     period.
       ``(ii) Per-child spending.--The total amount of 
     expenditures made for mental health and substance abuse 
     prevention and treatment services or in-home parent skill-
     based programs, respectively, for, or on behalf of, each 
     child described in paragraph (2).
       ``(B) Data.--The Secretary shall establish and annually 
     update the prevention services measures--
       ``(i) based on the median State values of the information 
     reported under each clause of subparagraph (A) for the 3 then 
     most recent years; and
       ``(ii) taking into account State differences in the price 
     levels of consumption goods and services using the most 
     recent regional price parities published by the Bureau of 
     Economic Analysis of the Department of Commerce or such other 
     data as the Secretary determines appropriate.
       ``(C) Publication of state prevention services measures.--
     The Secretary shall annually make available to the public the 
     prevention services measures of each State.
       ``(7) Maintenance of effort for state foster care 
     prevention expenditures.--
       ``(A) In general.--If a State elects to provide services 
     and programs specified in paragraph (1) for a fiscal year, 
     the State foster care prevention expenditures for the fiscal 
     year shall not be less than the amount of the expenditures 
     for fiscal year 2014 (or, at the option of a State described 
     in subparagraph (E), fiscal year 2015 or fiscal year 2016 
     (whichever the State elects)).
       ``(B) State foster care prevention expenditures.--The term 
     `State foster care prevention expenditures' means the 
     following:
       ``(i) TANF; iv-b; ssbg.--State expenditures for foster care 
     prevention services and activities under the State program 
     funded under part A (including from amounts made available by 
     the Federal Government), under the State plan developed under 
     part B (including any such amounts), or under the Social 
     Services Block Grant Programs under subtitle A of title XX 
     (including any such amounts).
       ``(ii) Other state programs.--State expenditures for foster 
     care prevention services and activities under any State 
     program that is not described in clause (i) (other than any 
     State expenditures for foster care prevention services and 
     activities under the State program under this part (including 
     under a waiver of the program)).
       ``(C) State expenditures.--The term `State expenditures' 
     means all State or local funds that are expended by the State 
     or a local agency including State or local funds that are 
     matched or reimbursed by the Federal Government and State or 
     local funds that are not matched or reimbursed by the Federal 
     Government.
       ``(D) Determination of prevention services and 
     activities.--The Secretary shall require each State that 
     elects to provide services and programs specified in 
     paragraph (1) to report the expenditures specified in 
     subparagraph (B) for fiscal year 2014 and for such fiscal 
     years thereafter as are necessary to determine whether the 
     State is complying with the maintenance of effort requirement 
     in subparagraph (A). The Secretary shall specify the specific 
     services and activities under each program referred to in 
     subparagraph (B) that are `prevention services and 
     activities' for purposes of the reports.
       ``(E) State described.--For purposes of subparagraph (A), a 
     State is described in this subparagraph if the population of 
     children in the State in 2014 was less than 200,000 (as 
     determined by the Bureau of the Census).
       ``(8) Prohibition against use of state foster care 
     prevention expenditures and federal iv-e prevention funds for 
     matching or expenditure requirement.--A State that elects to 
     provide services and programs specified in paragraph (1) 
     shall not use any State foster care prevention expenditures 
     for a fiscal year for the State share of expenditures under 
     section 474(a)(6) for a fiscal year.
       ``(9) Administrative costs.--Expenditures described in 
     section 474(a)(6)(B)--
       ``(A) shall not be eligible for payment under subparagraph 
     (A), (B), or (E) of section 474(a)(3); and
       ``(B) shall be eligible for payment under section 
     474(a)(6)(B) without regard to whether the expenditures are 
     incurred on behalf of a child who is, or is potentially, 
     eligible for foster care maintenance payments under this 
     part.
       ``(10) Application.--
       ``(A) In general.--The provision of services or programs 
     under this subsection to or on behalf of a child described in 
     paragraph (2) shall not be considered to be receipt of aid or 
     assistance under the State plan under this part for purposes 
     of eligibility for any other program established under this 
     Act.
       ``(B) Candidates in kinship care.--A child described in 
     paragraph (2) for whom such services or programs under this 
     subsection are provided for more than 6 months while in the 
     home of a kin caregiver, and who would satisfy the AFDC 
     eligibility requirement of section 472(a)(3)(A)(ii)(II) but 
     for residing in the home of the caregiver for more than 6 
     months, is deemed to satisfy that requirement for purposes of 
     determining whether the child is eligible for foster care 
     maintenance payments under section 472.''.
       (b) Definition.--Section 475 of such Act (42 U.S.C. 675) is 
     amended by adding at the end the following:
       ``(13) The term `child who is a candidate for foster care' 
     means, a child who is identified in a prevention plan under 
     section 471(e)(4)(A) as being at imminent risk of entering 
     foster care (without regard to whether the child would be 
     eligible for foster care maintenance payments under section 
     472 or is or would be eligible for adoption assistance or 
     kinship guardianship assistance payments under section 473) 
     but who can remain safely in the child's home or in a kinship 
     placement as long as services or programs specified in 
     section 471(e)(1) that are necessary to prevent the entry of 
     the child into foster care are provided. The term includes a 
     child whose adoption or guardianship arrangement is at risk 
     of a disruption or dissolution that would result in a foster 
     care placement.''.
       (c) Payments Under Title IV-E.--Section 474(a) of such Act 
     (42 U.S.C. 674(a)) is amended--
       (1) in paragraph (5), by striking the period at the end and 
     inserting ``; plus''; and
       (2) by adding at the end the following:
       ``(6) subject to section 471(e)--
       ``(A) for each quarter--
       ``(i) subject to clause (ii)--

       ``(I) beginning after September 30, 2019, and before 
     October 1, 2025, an amount equal to 50 percent of the total 
     amount expended during the quarter for the provision of 
     services or programs specified in subparagraph (A) or (B) of 
     section 471(e)(1) that are provided in accordance with 
     promising, supported, or well-supported practices that meet 
     the applicable criteria specified for the practices in 
     section 471(e)(4)(C); and
       ``(II) beginning after September 30, 2025, an amount equal 
     to the Federal medical assistance percentage (which shall be 
     as defined in section 1905(b), in the case of a State other 
     than the District of Columbia, or 70 percent, in the case of 
     the District of Columbia) of the total amount expended during 
     the quarter for the provision of services or programs 
     specified in subparagraph (A) or (B) of section 471(e)(1) 
     that are provided in accordance with promising, supported, or 
     well-supported practices that meet the applicable criteria 
     specified for the practices in section 471(e)(4)(C) (or, with 
     respect to the payments made during the quarter under a 
     cooperative agreement or contract entered into by the State 
     and an Indian tribe, tribal organization, or tribal 
     consortium for the administration or payment of funds under 
     this part, an amount equal to the Federal medical assistance 
     percentage that would apply under section 479B(d) (in this 
     paragraph referred to as the `tribal FMAP') if the Indian 
     tribe, tribal organization, or tribal consortium made the 
     payments under a program operated under that section, unless 
     the tribal FMAP is less than the Federal medical assistance 
     percentage that applies to the State); except that

       ``(ii) not less than 50 percent of the total amount payable 
     to a State under clause (i) for a fiscal year shall be for 
     the provision of services or programs specified in 
     subparagraph (A) or (B) of section 471(e)(1) that are 
     provided in accordance with well-supported practices; plus
       ``(B) for each quarter specified in subparagraph (A), an 
     amount equal to the sum of the following proportions of the 
     total amount expended during the quarter:
       ``(i) 50 percent of so much of the expenditures as are 
     found necessary by the Secretary for the proper and efficient 
     administration of the State plan for the provision of 
     services or programs specified in section 471(e)(1), 
     including expenditures for activities approved by the 
     Secretary that promote the development of necessary processes 
     and procedures to establish and implement the provision of 
     the services and programs for individuals who are eligible 
     for the services and programs and expenditures attributable 
     to data collection and reporting; and
       ``(ii) 50 percent of so much of the expenditures with 
     respect to the provision of services and programs specified 
     in section 471(e)(1) as are for training of personnel 
     employed or preparing for employment by the State agency or 
     by the local agency administering the plan in the political 
     subdivision and of the members of the staff of State-licensed 
     or State-approved child welfare agencies providing services 
     to children described in section 471(e)(2) and their parents 
     or kin caregivers, including on how to determine who are 
     individuals eligible for the services or programs, how to 
     identify and provide appropriate services and programs, and 
     how to oversee and evaluate the ongoing appropriateness of 
     the services and programs.''.
       (d) Technical Assistance and Best Practices, Clearinghouse, 
     and Data Collection

[[Page S7047]]

     and Evaluations.--Section 476 of such Act (42 U.S.C. 676) is 
     amended by adding at the end the following:
       ``(d) Technical Assistance and Best Practices, 
     Clearinghouse, Data Collection, and Evaluations Relating to 
     Prevention Services and Programs.--
       ``(1) Technical assistance and best practices.--The 
     Secretary shall provide to States and, as applicable, to 
     Indian tribes, tribal organizations, and tribal consortia, 
     technical assistance regarding the provision of services and 
     programs described in section 471(e)(1) and shall disseminate 
     best practices with respect to the provision of the services 
     and programs, including how to plan and implement a well-
     designed and rigorous evaluation of a promising, supported, 
     or well-supported practice.
       ``(2) Clearinghouse of promising, supported, and well-
     supported practices.--The Secretary shall, directly or 
     through grants, contracts, or interagency agreements, 
     evaluate research on the practices specified in clauses 
     (iii), (iv), and (v), respectively, of section 471(e)(4)(C), 
     and programs that meet the requirements described in section 
     427(a)(1), including culturally specific, or location- or 
     population-based adaptations of the practices, to identify 
     and establish a public clearinghouse of the practices that 
     satisfy each category described by such clauses. In addition, 
     the clearinghouse shall include information on the specific 
     outcomes associated with each practice, including whether the 
     practice has been shown to prevent child abuse and neglect 
     and reduce the likelihood of foster care placement by 
     supporting birth families and kinship families and improving 
     targeted supports for pregnant and parenting youth and their 
     children.
       ``(3) Data collection and evaluations.--The Secretary, 
     directly or through grants, contracts, or interagency 
     agreements, may collect data and conduct evaluations with 
     respect to the provision of services and programs described 
     in section 471(e)(1) for purposes of assessing the extent to 
     which the provision of the services and programs--
       ``(A) reduces the likelihood of foster care placement;
       ``(B) increases use of kinship care arrangements; or
       ``(C) improves child well-being.
       ``(4) Reports to congress.--
       ``(A) In general.--The Secretary shall submit to the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives periodic reports 
     based on the provision of services and programs described in 
     section 471(e)(1) and the activities carried out under this 
     subsection.
       ``(B) Public availability.--The Secretary shall make the 
     reports to Congress submitted under this paragraph publicly 
     available.
       ``(5) Appropriation.--Out of any money in the Treasury of 
     the United States not otherwise appropriated, there is 
     appropriated to the Secretary $1,000,000 for fiscal year 2017 
     and each fiscal year thereafter to carry out this 
     subsection.''.
       (e) Application to Programs Operated by Indian Tribal 
     Organizations.--
       (1) In general.--Section 479B of such Act (42 U.S.C. 679c) 
     is amended--
       (A) in subsection (c)(1)--
       (i) in subparagraph (C)(i)--

       (I) in subclause (II), by striking ``and'' after the 
     semicolon;
       (II) in subclause (III), by striking the period at the end 
     and inserting ``; and''; and
       (III) by adding at the end the following:
       ``(IV) at the option of the tribe, organization, or 
     consortium, services and programs specified in section 
     471(e)(1) to children described in section 471(e)(2) and 
     their parents or kin caregivers, in accordance with section 
     471(e) and subparagraph (E).''; and

       (ii) by adding at the end the following:
       ``(E) Prevention services and programs for children and 
     their parents and kin caregivers.--
       ``(i) In general.--In the case of a tribe, organization, or 
     consortium that elects to provide services and programs 
     specified in section 471(e)(1) to children described in 
     section 471(e)(2) and their parents or kin caregivers under 
     the plan, the Secretary shall specify the requirements 
     applicable to the provision of the services and programs. The 
     requirements shall, to the greatest extent practicable, be 
     consistent with the requirements applicable to States under 
     section 471(e) and shall permit the provision of the services 
     and programs in the form of services and programs that are 
     adapted to the culture and context of the tribal communities 
     served.
       ``(ii) Performance measures.--The Secretary shall establish 
     specific performance measures for each tribe, organization, 
     or consortium that elects to provide services and programs 
     specified in section 471(e)(1). The performance measures 
     shall, to the greatest extent practicable, be consistent with 
     the prevention services measures required for States under 
     section 471(e)(6) but shall allow for consideration of 
     factors unique to the provision of the services by tribes, 
     organizations, or consortia.''; and
       (B) in subsection (d)(1), by striking ``and (5)'' and 
     inserting ``(5), and (6)(A)''.
       (2) Conforming amendment.--The heading for subsection (d) 
     of section 479B of such Act (42 U.S.C. 679c) is amended by 
     striking ``for Foster Care Maintenance and Adoption 
     Assistance Payments''.
       (f) Application to Programs Operated by Territories.--
     Section 1108(a)(2) of the Social Security Act (42 U.S.C. 
     1308(a)(2)) is amended by striking ``or 413(f)'' and 
     inserting ``413(f), or 474(a)(6)''.

     SEC. 112. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH 
                   PARENTS IN A LICENSED RESIDENTIAL FAMILY-BASED 
                   TREATMENT FACILITY FOR SUBSTANCE ABUSE.

       (a) In General.--Section 472 of the Social Security Act (42 
     U.S.C. 672) is amended--
       (1) in subsection (a)(2)(C), by striking ``or'' and 
     inserting ``, with a parent residing in a licensed 
     residential family-based treatment facility, but only to the 
     extent permitted under subsection (j), or in a''; and
       (2) by adding at the end the following:
       ``(j) Children Placed With a Parent Residing in a Licensed 
     Residential Family-Based Treatment Facility for Substance 
     Abuse.--
       ``(1) In general.--Notwithstanding the preceding provisions 
     of this section, a child who is eligible for foster care 
     maintenance payments under this section, or who would be 
     eligible for the payments if the eligibility were determined 
     without regard to paragraphs (1)(B) and (3) of subsection 
     (a), shall be eligible for the payments for a period of not 
     more than 12 months during which the child is placed with a 
     parent who is in a licensed residential family-based 
     treatment facility for substance abuse, but only if--
       ``(A) the recommendation for the placement is specified in 
     the child's case plan before the placement;
       ``(B) the treatment facility provides, as part of the 
     treatment for substance abuse, parenting skills training, 
     parent education, and individual and family counseling; and
       ``(C) the substance abuse treatment, parenting skills 
     training, parent education, and individual and family 
     counseling is provided under an organizational structure and 
     treatment framework that involves understanding, recognizing, 
     and responding to the effects of all types of trauma and in 
     accordance with recognized principles of a trauma-informed 
     approach and trauma-specific interventions to address the 
     consequences of trauma and facilitate healing.
       ``(2) Application.--With respect to children for whom 
     foster care maintenance payments are made under paragraph 
     (1), only the children who satisfy the requirements of 
     paragraphs (1)(B) and (3) of subsection (a) shall be 
     considered to be children with respect to whom foster care 
     maintenance payments are made under this section for purposes 
     of subsection (h) or section 473(b)(3)(B).''.
       (b) Conforming Amendment.--Section 474(a)(1) of such Act 
     (42 U.S.C. 674(a)(1)) is amended by inserting ``subject to 
     section 472(j),'' before ``an amount equal to the Federal'' 
     the first place it appears.

     SEC. 113. TITLE IV-E PAYMENTS FOR EVIDENCE-BASED KINSHIP 
                   NAVIGATOR PROGRAMS.

       Section 474(a) of the Social Security Act (42 U.S.C. 
     674(a)), as amended by section 111(c), is amended--
       (1) in paragraph (6), by striking the period at the end and 
     inserting ``; plus''; and
       (2) by adding at the end the following:
       ``(7) an amount equal to 50 percent of the amounts expended 
     by the State during the quarter as the Secretary determines 
     are for kinship navigator programs that meet the requirements 
     described in section 427(a)(1) and that the Secretary 
     determines are operated in accordance with promising, 
     supported, or well-supported practices that meet the 
     applicable criteria specified for the practices in section 
     471(e)(4)(C), without regard to whether the expenditures are 
     incurred on behalf of children who are, or are potentially, 
     eligible for foster care maintenance payments under this 
     part.''.

             Subtitle B--Enhanced Support Under Title IV-B

     SEC. 121. ELIMINATION OF TIME LIMIT FOR FAMILY REUNIFICATION 
                   SERVICES WHILE IN FOSTER CARE AND PERMITTING 
                   TIME-LIMITED FAMILY REUNIFICATION SERVICES WHEN 
                   A CHILD RETURNS HOME FROM FOSTER CARE.

       (a) In General.--Section 431(a)(7) of the Social Security 
     Act (42 U.S.C. 629a(a)(7)) is amended--
       (1) in the paragraph heading, by striking ``Time-limited 
     family'' and inserting ``Family''; and
       (2) in subparagraph (A)--
       (A) by striking ``time-limited family'' and inserting 
     ``family'';
       (B) by inserting ``or a child who has been returned home'' 
     after ``child care institution''; and
       (C) by striking ``, but only during the 15-month period 
     that begins on the date that the child, pursuant to section 
     475(5)(F), is considered to have entered foster care'' and 
     inserting ``and to ensure the strength and stability of the 
     reunification. In the case of a child who has been returned 
     home, the services and activities shall only be provided 
     during the 15-month period that begins on the date that the 
     child returns home''.
       (b) Conforming Amendments.--
       (1) Section 430 of such Act (42 U.S.C. 629) is amended in 
     the matter preceding paragraph (1), by striking ``time-
     limited''.
       (2) Subsections (a)(4), (a)(5)(A), and (b)(1) of section 
     432 of such Act (42 U.S.C. 629b) are amended by striking 
     ``time-limited'' each place it appears.

     SEC. 122. REDUCING BUREAUCRACY AND UNNECESSARY DELAYS WHEN 
                   PLACING CHILDREN IN HOMES ACROSS STATE LINES.

       (a) State Plan Requirement.--Section 471(a)(25) of the 
     Social Security Act (42 U.S.C. 671(a)(25)) is amended--

[[Page S7048]]

       (1) by striking ``provide'' and insert ``provides''; and
       (2) by inserting ``, which, not later than October 1, 2026, 
     shall include the use of an electronic interstate case-
     processing system'' before the first semicolon.
       (b) Grants for the Development of an Electronic Interstate 
     Case-Processing System To Expedite the Interstate Placement 
     of Children in Foster Care or Guardianship, or for 
     Adoption.--Section 437 of such Act (42 U.S.C. 629g) is 
     amended by adding at the end the following:
       ``(g) Grants for the Development of an Electronic 
     Interstate Case-Processing System To Expedite the Interstate 
     Placement of Children in Foster Care or Guardianship, or for 
     Adoption.--
       ``(1) Purpose.--The purpose of this subsection is to 
     facilitate the development of an electronic interstate case-
     processing system for the exchange of data and documents to 
     expedite the placements of children in foster, guardianship, 
     or adoptive homes across State lines.
       ``(2) Application requirements.--A State that desires a 
     grant under this subsection shall submit to the Secretary an 
     application containing the following:
       ``(A) A description of the goals and outcomes to be 
     achieved during the period for which grant funds are sought, 
     which goals and outcomes must result in--
       ``(i) reducing the time it takes for a child to be provided 
     with a safe and appropriate permanent living arrangement 
     across State lines;
       ``(ii) improving administrative processes and reducing 
     costs in the foster care system; and
       ``(iii) the secure exchange of relevant case files and 
     other necessary materials in real time, and timely 
     communications and placement decisions regarding interstate 
     placements of children.
       ``(B) A description of the activities to be funded in whole 
     or in part with the grant funds, including the sequencing of 
     the activities.
       ``(C) A description of the strategies for integrating 
     programs and services for children who are placed across 
     State lines.
       ``(D) Such other information as the Secretary may require.
       ``(3) Grant authority.--The Secretary may make a grant to a 
     State that complies with paragraph (2).
       ``(4) Use of funds.--A State to which a grant is made under 
     this subsection shall use the grant to support the State in 
     connecting with the electronic interstate case-processing 
     system described in paragraph (1).
       ``(5) Evaluations.--Not later than 1 year after the final 
     year in which grants are awarded under this subsection, the 
     Secretary shall submit to the Congress, and make available to 
     the general public by posting on a website, a report that 
     contains the following information:
       ``(A) How using the electronic interstate case-processing 
     system developed pursuant to paragraph (4) has changed the 
     time it takes for children to be placed across State lines.
       ``(B) The number of cases subject to the Interstate Compact 
     on the Placement of Children that were processed through the 
     electronic interstate case-processing system, and the number 
     of interstate child placement cases that were processed 
     outside the electronic interstate case-processing system, by 
     each State in each year.
       ``(C) The progress made by States in implementing the 
     electronic interstate case-processing system.
       ``(D) How using the electronic interstate case-processing 
     system has affected various metrics related to child safety 
     and well-being, including the time it takes for children to 
     be placed across State lines.
       ``(E) How using the electronic interstate case-processing 
     system has affected administrative costs and caseworker time 
     spent on placing children across State lines.
       ``(6) Data integration.--The Secretary, in consultation 
     with the Secretariat for the Interstate Compact on the 
     Placement of Children and the States, shall assess how the 
     electronic interstate case-processing system developed 
     pursuant to paragraph (4) could be used to better serve and 
     protect children that come to the attention of the child 
     welfare system, by--
       ``(A) connecting the system with other data systems (such 
     as systems operated by State law enforcement and judicial 
     agencies, systems operated by the Federal Bureau of 
     Investigation for the purposes of the Innocence Lost National 
     Initiative, and other systems);
       ``(B) simplifying and improving reporting related to 
     paragraphs (34) and (35) of section 471(a) regarding children 
     or youth who have been identified as being a sex trafficking 
     victim or children missing from foster care; and
       ``(C) improving the ability of States to quickly comply 
     with background check requirements of section 471(a)(20), 
     including checks of child abuse and neglect registries as 
     required by section 471(a)(20)(B).''.
       (c) Reservation of Funds To Improve the Interstate 
     Placement of Children.--Section 437(b) of such Act (42 U.S.C. 
     629g(b)) is amended by adding at the end the following:
       ``(4) Improving the interstate placement of children.--The 
     Secretary shall reserve $5,000,000 of the amount made 
     available for fiscal year 2017 for grants under subsection 
     (g), and the amount so reserved shall remain available 
     through fiscal year 2021.''.

     SEC. 123. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF 
                   FAMILIES AFFECTED BY SUBSTANCE ABUSE.

       Section 437(f) of the Social Security Act (42 U.S.C. 
     629g(f)) is amended--
       (1) in the subsection heading, by striking ``Increase the 
     Well-Being of, and To Improve the Permanency Outcomes for, 
     Children Affected by'' and inserting ``Implement IV-E 
     Prevention Services, and Improve the Well-Being of, and 
     Improve Permanency Outcomes for, Children and Families 
     Affected by Heroin, Opioids, and Other'';
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Regional partnership defined.--In this subsection, 
     the term `regional partnership' means a collaborative 
     agreement (which may be established on an interstate, State, 
     or intrastate basis) entered into by the following:
       ``(A) Mandatory partners for all partnership grants.--
       ``(i) The State child welfare agency that is responsible 
     for the administration of the State plan under this part and 
     part E.
       ``(ii) The State agency responsible for administering the 
     substance abuse prevention and treatment block grant provided 
     under subpart II of part B of title XIX of the Public Health 
     Service Act.
       ``(B) Mandatory partners for partnership grants proposing 
     to serve children in out-of-home placements.--If the 
     partnership proposes to serve children in out-of-home 
     placements, the Juvenile Court or Administrative Office of 
     the Court that is most appropriate to oversee the 
     administration of court programs in the region to address the 
     population of families who come to the attention of the court 
     due to child abuse or neglect.
       ``(C) Optional partners.--At the option of the partnership, 
     any of the following:
       ``(i) An Indian tribe or tribal consortium.
       ``(ii) Nonprofit child welfare service providers.
       ``(iii) For-profit child welfare service providers.
       ``(iv) Community health service providers, including 
     substance abuse treatment providers.
       ``(v) Community mental health providers.
       ``(vi) Local law enforcement agencies.
       ``(vii) School personnel.
       ``(viii) Tribal child welfare agencies (or a consortia of 
     the agencies).
       ``(ix) Any other providers, agencies, personnel, officials, 
     or entities that are related to the provision of child and 
     family services under a State plan approved under this 
     subpart.
       ``(D) Exception for regional partnerships where the lead 
     applicant is an indian tribe or tribal consortia.--If an 
     Indian tribe or tribal consortium enters into a regional 
     partnership for purposes of this subsection, the Indian tribe 
     or tribal consortium--
       ``(i) may (but is not required to) include the State child 
     welfare agency as a partner in the collaborative agreement;
       ``(ii) may not enter into a collaborative agreement only 
     with tribal child welfare agencies (or a consortium of the 
     agencies); and
       ``(iii) if the condition described in paragraph (2)(B) 
     applies, may include tribal court organizations in lieu of 
     other judicial partners.'';
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) by striking ``2012 through 2016'' and inserting ``2017 
     through 2021''; and
       (ii) by striking ``$500,000 and not more than $1,000,000'' 
     and inserting ``$250,000 and not more than $1,000,000'';
       (B) in subparagraph (B)--
       (i) in the subparagraph heading, by inserting ``; 
     planning'' after ``approval'';
       (ii) in clause (i), by striking ``clause (ii)'' and 
     inserting ``clauses (ii) and (iii)''; and
       (iii) by adding at the end the following:
       ``(iii) Sufficient planning.--A grant awarded under this 
     subsection shall be disbursed in two phases: a planning phase 
     (not to exceed 2 years); and an implementation phase. The 
     total disbursement to a grantee for the planning phase may 
     not exceed $250,000, and may not exceed the total anticipated 
     funding for the implementation phase.''; and
       (C) by adding at the end the following:
       ``(D) Limitation on payment for a fiscal year.--No payment 
     shall be made under subparagraph (A) or (C) for a fiscal year 
     until the Secretary determines that the eligible partnership 
     has made sufficient progress in meeting the goals of the 
     grant and that the members of the eligible partnership are 
     coordinating to a reasonable degree with the other members of 
     the eligible partnership.'';
       (4) in paragraph (4)--
       (A) in subparagraph (B)--
       (i) in clause (i), by inserting ``, parents, and families'' 
     after ``children'';
       (ii) in clause (ii), by striking ``safety and permanence 
     for such children; and'' and inserting ``safe, permanent 
     caregiving relationships for the children;'';
       (iii) in clause (iii), by striking ``or'' and inserting 
     ``increase reunification rates for children who have been 
     placed in out of home care, or decrease''; and
       (iv) by redesignating clause (iii) as clause (v) and 
     inserting after clause (ii) the following:
       ``(iii) improve the substance abuse treatment outcomes for 
     parents including retention in treatment and successful 
     completion of treatment;

[[Page S7049]]

       ``(iv) facilitate the implementation, delivery, and 
     effectiveness of prevention services and programs under 
     section 471(e); and'';
       (B) in subparagraph (D), by striking ``where 
     appropriate,''; and
       (C) by striking subparagraphs (E) and (F) and inserting the 
     following:
       ``(E) A description of a plan for sustaining the services 
     provided by or activities funded under the grant after the 
     conclusion of the grant period, including through the use of 
     prevention services and programs under section 471(e) and 
     other funds provided to the State for child welfare and 
     substance abuse prevention and treatment services.
       ``(F) Additional information needed by the Secretary to 
     determine that the proposed activities and implementation 
     will be consistent with research or evaluations showing which 
     practices and approaches are most effective.'';
       (5) in paragraph (5)(A), by striking ``abuse treatment'' 
     and inserting ``use disorder treatment including medication 
     assisted treatment and in-home substance abuse disorder 
     treatment and recovery'';
       (6) in paragraph (7)--
       (A) by striking ``and'' at the end of subparagraph (C); and
       (B) by redesignating subparagraph (D) as subparagraph (E) 
     and inserting after subparagraph (C) the following:
       ``(D) demonstrate a track record of successful 
     collaboration among child welfare, substance abuse disorder 
     treatment and mental health agencies; and'';
       (7) in paragraph (8)--
       (A) in subparagraph (A)--
       (i) by striking ``establish indicators that will be'' and 
     inserting ``review indicators that are''; and
       (ii) by striking ``in using funds made available under such 
     grants to achieve the purpose of this subsection'' and 
     inserting ``and establish a set of core indicators related to 
     child safety, parental recovery, parenting capacity, and 
     family well-being. In developing the core indicators, to the 
     extent possible, indicators shall be made consistent with the 
     outcome measures described in section 471(e)(6)''; and
       (B) in subparagraph (B)--
       (i) in the matter preceding clause (i), by inserting ``base 
     the performance measures on lessons learned from prior rounds 
     of regional partnership grants under this subsection, and'' 
     before ``consult''; and
       (ii) by striking clauses (iii) and (iv) and inserting the 
     following:
       ``(iii) Other stakeholders or constituencies as determined 
     by the Secretary.'';
       (8) in paragraph (9)(A), by striking clause (i) and 
     inserting the following:
       ``(i) Semiannual reports.--Not later than September 30 of 
     each fiscal year in which a recipient of a grant under this 
     subsection is paid funds under the grant, and every 6 months 
     thereafter, the grant recipient shall submit to the Secretary 
     a report on the services provided and activities carried out 
     during the reporting period, progress made in achieving the 
     goals of the program, the number of children, adults, and 
     families receiving services, and such additional information 
     as the Secretary determines is necessary. The report due not 
     later than September 30 of the last such fiscal year shall 
     include, at a minimum, data on each of the performance 
     indicators included in the evaluation of the regional 
     partnership.''; and
       (9) in paragraph (10), by striking ``2012 through 2016'' 
     and inserting ``2017 through 2021''.

                       Subtitle C--Miscellaneous

     SEC. 131. REVIEWING AND IMPROVING LICENSING STANDARDS FOR 
                   PLACEMENT IN A RELATIVE FOSTER FAMILY HOME.

       (a) Identification of Reputable Model Licensing 
     Standards.--Not later than October 1, 2017, the Secretary of 
     Health and Human Services shall identify reputable model 
     licensing standards with respect to the licensing of foster 
     family homes (as defined in section 472(c)(1) of the Social 
     Security Act).
       (b) State Plan Requirement.--Section 471(a) of the Social 
     Security Act (42 U.S.C. 671(a)) is amended--
       (1) in paragraph (34)(B), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (35)(B), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(36) provides that, not later than April 1, 2018, the 
     State shall submit to the Secretary information addressing--
       ``(A) whether the State licensing standards are in accord 
     with model standards identified by the Secretary, and if not, 
     the reason for the specific deviation and a description as to 
     why having a standard that is reasonably in accord with the 
     corresponding national model standards is not appropriate for 
     the State;
       ``(B) whether the State has elected to waive standards 
     established in 471(a)(10)(A) for relative foster family homes 
     (pursuant to waiver authority provided by 471(a)(10)(D)), a 
     description of which standards the State most commonly 
     waives, and if the State has not elected to waive the 
     standards, the reason for not waiving these standards;
       ``(C) if the State has elected to waive standards specified 
     in subparagraph (B), how caseworkers are trained to use the 
     waiver authority and whether the State has developed a 
     process or provided tools to assist caseworkers in waiving 
     nonsafety standards per the authority provided in 
     471(a)(10)(D) to quickly place children with relatives; and
       ``(D) a description of the steps the State is taking to 
     improve caseworker training or the process, if any; and''.

     SEC. 132. DEVELOPMENT OF A STATEWIDE PLAN TO PREVENT CHILD 
                   ABUSE AND NEGLECT FATALITIES.

       Section 422(b)(19) of the Social Security Act (42 U.S.C. 
     622(b)(19)) is amended to read as follows:
       ``(19) document steps taken to track and prevent child 
     maltreatment deaths by including--
       ``(A) a description of the steps the State is taking to 
     compile complete and accurate information on the deaths 
     required by Federal law to be reported by the State agency 
     referred to in paragraph (1), including gathering relevant 
     information on the deaths from the relevant organizations in 
     the State including entities such as State vital statistics 
     department, child death review teams, law enforcement 
     agencies, offices of medical examiners or coroners; and
       ``(B) a description of the steps the state is taking to 
     develop and implement of a comprehensive, statewide plan to 
     prevent the fatalities that involves and engages relevant 
     public and private agency partners, including those in public 
     health, law enforcement, and the courts.''.

     SEC. 133. MODERNIZING THE TITLE AND PURPOSE OF TITLE IV-E.

       (a) Part Heading.--The heading for part E of title IV of 
     the Social Security Act (42 U.S.C. 670 et seq.) is amended to 
     read as follows:

      ``PART E--FEDERAL PAYMENTS FOR FOSTER CARE, PREVENTION, AND 
                             PERMANENCY''.

       (b) Purpose.--The first sentence of section 470 of such Act 
     (42 U.S.C. 670) is amended--
       (1) by striking ``1995) and'' and inserting ``1995),'';
       (2) by inserting ``kinship guardianship assistance, and 
     prevention services or programs specified in section 
     471(e)(1),'' after ``needs,''; and
       (3) by striking ``(commencing with the fiscal year which 
     begins October 1, 1980)''.

     SEC. 134. EFFECTIVE DATES.

       (a) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), 
     subject to subsection (b), the amendments made by this title 
     shall take effect on January 1, 2017.
       (2) Exceptions.--The amendments made by sections 131 and 
     133 shall take effect on the date of enactment of this Act.
       (b) Transition Rule.--
       (1) In general.--In the case of a State plan under part B 
     or E of title IV of the Social Security Act which the 
     Secretary of Health and Human Services determines requires 
     State legislation (other than legislation appropriating 
     funds) in order for the plan to meet the additional 
     requirements imposed by the amendments made by this title, 
     the State plan shall not be regarded as failing to comply 
     with the requirements of such part solely on the basis of the 
     failure of the plan to meet such additional requirements 
     before the first day of the first calendar quarter beginning 
     after the close of the first regular session of the State 
     legislature that begins after the date of enactment of this 
     Act. For purposes of the previous sentence, in the case of a 
     State that has a 2-year legislative session, each year of the 
     session shall be deemed to be a separate regular session of 
     the State legislature.
       (2) Application to programs operated by indian tribal 
     organizations.--In the case of an Indian tribe, tribal 
     organization, or tribal consortium which the Secretary of 
     Health and Human Services determines requires time to take 
     action necessary to comply with the additional requirements 
     imposed by the amendments made by this title (whether the 
     tribe, organization, or tribal consortium has a plan under 
     section 479B of the Social Security Act or a cooperative 
     agreement or contract entered into with a State), the 
     Secretary shall provide the tribe, organization, or tribal 
     consortium with such additional time as the Secretary 
     determines is necessary for the tribe, organization, or 
     tribal consortium to take the action to comply with the 
     additional requirements before being regarded as failing to 
     comply with the requirements.

TITLE II--ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER 
                              FAMILY HOME

     SEC. 201. LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR 
                   PLACEMENTS THAT ARE NOT IN FOSTER FAMILY HOMES.

       (a) Limitation on Federal Financial Participation.--
       (1) In general.--Section 472 of the Social Security Act (42 
     U.S.C. 672), as amended by section 112, is amended--
       (A) in subsection (a)(2)(C), by inserting ``, but only to 
     the extent permitted under subsection (k)'' after 
     ``institution''; and
       (B) by adding at the end the following:
       ``(k) Limitation on Federal Financial Participation.--
       ``(1) In general.--Beginning with the third week for which 
     foster care maintenance payments are made under this section 
     on behalf of a child placed in a child-care institution, no 
     Federal payment shall be made to the

[[Page S7050]]

     State under section 474(a)(1) for amounts expended for foster 
     care maintenance payments on behalf of the child unless--
       ``(A) the child is placed in a child-care institution that 
     is a setting specified in paragraph (2) (or is placed in a 
     licensed residential family-based treatment facility 
     consistent with subsection (j)); and
       ``(B) in the case of a child placed in a qualified 
     residential treatment program (as defined in paragraph (4)), 
     the requirements specified in paragraph (3) and section 
     475A(c) are met.
       ``(2) Specified settings for placement.--The settings for 
     placement specified in this paragraph are the following:
       ``(A) A qualified residential treatment program (as defined 
     in paragraph (4)).
       ``(B) A setting specializing in providing prenatal, post-
     partum, or parenting supports for youth.
       ``(C) In the case of a child who has attained 18 years of 
     age, a supervised setting in which the child is living 
     independently.
       ``(D) A setting providing high-quality residential care and 
     supportive services to children and youth who have been found 
     to be, or are at risk of becoming, sex trafficking victims, 
     in accordance with section 471(a)(9)(C).
       ``(3) Assessment to determine appropriateness of placement 
     in a qualified residential treatment program.--
       ``(A) Deadline for assessment.--In the case of a child who 
     is placed in a qualified residential treatment program, if 
     the assessment required under section 475A(c)(1) is not 
     completed within 30 days after the placement is made, no 
     Federal payment shall be made to the State under section 
     474(a)(1) for any amounts expended for foster care 
     maintenance payments on behalf of the child during the 
     placement.
       ``(B) Deadline for transition out of placement.--If the 
     assessment required under section 475A(c)(1) determines that 
     the placement of a child in a qualified residential treatment 
     program is not appropriate, a court disapproves such a 
     placement under section 475A(c)(2), or a child who has been 
     in an approved placement in a qualified residential treatment 
     program is going to return home or be placed with a fit and 
     willing relative, a legal guardian, or an adoptive parent, or 
     in a foster family home, Federal payments shall be made to 
     the State under section 474(a)(1) for amounts expended for 
     foster care maintenance payments on behalf of the child while 
     the child remains in the qualified residential treatment 
     program only during the period necessary for the child to 
     transition home or to such a placement. In no event shall a 
     State receive Federal payments under section 474(a)(1) for 
     amounts expended for foster care maintenance payments on 
     behalf of a child who remains placed in a qualified 
     residential treatment program after the end of the 30-day 
     period that begins on the date a determination is made that 
     the placement is no longer the recommended or approved 
     placement for the child.
       ``(4) Qualified residential treatment program.--For 
     purposes of this part, the term `qualified residential 
     treatment program' means a program that--
       ``(A) has a trauma-informed treatment model that is 
     designed to address the needs, including clinical needs as 
     appropriate, of children with serious emotional or behavioral 
     disorders or disturbances and, with respect to a child, is 
     able to implement the treatment identified for the child by 
     the assessment of the child required under section 475A(c);
       ``(B) subject to paragraphs (5) and (6), has registered or 
     licensed nursing staff and other licensed clinical staff 
     who--
       ``(i) provide care within the scope of their practice as 
     defined by State law;
       ``(ii) are on-site during business hours; and
       ``(iii) are available 24 hours a day and 7 days a week;
       ``(C) to extent appropriate, and in accordance with the 
     child's best interests, facilitates participation of family 
     members in the child's treatment program;
       ``(D) facilitates outreach to the family members of the 
     child, including siblings, documents how the outreach is made 
     (including contact information), and maintains contact 
     information for any known biological family and fictive kin 
     of the child;
       ``(E) documents how family members are integrated into the 
     treatment process for the child, including post-discharge, 
     and how sibling connections are maintained;
       ``(F) provides discharge planning and family-based 
     aftercare support for at least 6 months post-discharge; and
       ``(G) is licensed in accordance with section 471(a)(10) and 
     is accredited by any of the following independent, not-for-
     profit organizations:
       ``(i) The Commission on Accreditation of Rehabilitation 
     Facilities (CARF).
       ``(ii) The Joint Commission on Accreditation of Healthcare 
     Organizations (JCAHO).
       ``(iii) The Council on Accreditation (COA).
       ``(iv) Any other independent, not-for-profit accrediting 
     organization approved by the Secretary.
       ``(5) Flexibility in staffing requirements for qualified 
     residential treatment programs.--
       ``(A) In general.--In the case of any State that the 
     Secretary determines is described in subparagraph (B) and 
     satisfies the requirements of subparagraphs (C) and (D), 
     respectively, the State may elect to satisfy the requirement 
     of paragraph (4)(B) that a qualified residential treatment 
     program have registered or licensed nursing staff and other 
     licensed clinical staff with clinical staff which include 
     staff licensed to monitor medications and physical and 
     behavioral health and that have demonstrated training in 
     child development and trauma, in lieu of with registered or 
     licensed nursing staff and other licensed clinical staff.
       ``(B) State described.--Subject to subparagraph (E), a 
     State is described in this subparagraph if for the most 
     recent fiscal year for which data are available--
       ``(i) the percentage of children on whose behalf foster 
     care maintenance payments are being made under this part who 
     have been placed in congregate care settings--

       ``(I) is at or below 7.5 percent for the fiscal year; or
       ``(II) has been reduced by at least 20 percent from the 
     preceding fiscal year; and

       ``(ii) the average length of stay for children in foster 
     care under the responsibility of the State in congregate care 
     settings is at or below 12 months.
       ``(C) Demonstration of capacity and need.--A State 
     described in subparagraph (B) shall be eligible to use the 
     alternative staffing model permitted under subparagraph (A) 
     if the State can demonstrate to the satisfaction of the 
     Secretary that the qualified residential treatment programs 
     utilizing the alternative staffing models permitted under 
     subparagraph (A) have the capacity to serve children and 
     youth whose treatment plans--
       ``(i) indicate a need for increased supervision based on 
     behavioral history, history of juvenile delinquency, or 
     history of sexual offenses; and
       ``(ii) require a placement that conforms to the alternative 
     staffing model permitted under subparagraph (A).
       ``(D) Annual determination of state eligibility based on 
     afcars and other data.--The Secretary annually shall make the 
     determinations required under subparagraph (B) with respect 
     to a State and a fiscal year, on the basis of data meeting 
     the requirements of the system established pursuant to 
     section 479, as reported by the State and approved by the 
     Secretary, and, to the extent the Secretary determines 
     necessary, on the basis of such other information reported to 
     the Secretary as the Secretary may require to determine that 
     a State is, or continues to be, a State described in 
     subparagraph (B).
       ``(E) Congregate care settings.--In this paragraph, the 
     term `congregate care settings' includes any settings 
     described as `group homes' or `institutions' for purposes of 
     data reported in accordance with the requirements of the 
     system established pursuant to section 479 or any similar 
     placement settings reported in accordance with such 
     requirements.
       ``(6) Authority for frontier states to waive or modify 
     certain staffing requirements for qualified residential 
     treatment programs.--
       ``(A) In general.--A frontier State may waive or modify the 
     requirements of clause (ii) or (iii) of paragraph (4)(B) (or 
     both) with respect to any qualified residential treatment 
     program located in the frontier State.
       ``(B) Frontier state defined.--In this paragraph:
       ``(i) Frontier state.--The term `frontier State' means a 
     State in which at least 50 percent of the counties in the 
     State are frontier counties.
       ``(ii) Frontier county.--The term `frontier county' means a 
     county in which the population per square mile is 6 or less.
       ``(7) Administrative costs.--The prohibition in paragraph 
     (1) on Federal payments under section 474(a)(1) shall not be 
     construed as prohibiting Federal payments for administrative 
     expenditures incurred on behalf of a child placed in a child-
     care institution and for which payment is available under 
     section 474(a)(3).
       ``(8) Rule of construction.--The requirements in paragraph 
     (4)(B) shall not be construed as requiring a qualified 
     residential treatment program to acquire nursing and 
     behavioral health staff solely through means of a direct 
     employer to employee relationship.''.
       (2) Conforming amendment.--Section 474(a)(1) of the Social 
     Security Act (42 U.S.C. 674(a)(1)), as amended by section 
     112(b), is amended by striking ``section 472(j)'' and 
     inserting ``subsections (j) and (k) of section 472''.
       (b) Definition of Foster Family Home, Child-Care 
     Institution.--Section 472(c) of such Act (42 U.S.C. 
     672(c)(1)) is amended to read as follows:
       ``(c) Definitions.--For purposes of this part:
       ``(1) Foster family home.--
       ``(A) In general.--The term `foster family home' means the 
     home of an individual or family--
       ``(i) that is licensed or approved by the State in which it 
     is situated as a foster family home that meets the standards 
     established for the licensing or approval; and
       ``(ii) in which a child in foster care has been placed in 
     the care of an individual, who resides with the child and who 
     has been licensed or approved by the State to be a foster 
     parent--

       ``(I) that the State deems capable of adhering to the 
     reasonable and prudent parent standard;
       ``(II) that provides 24-hour substitute care for children 
     placed away from their parents or other caretakers; and
       ``(III) that provides the care for not more than six 
     children in foster care.

       ``(B) State flexibility.--The number of foster children 
     that may be cared for in a home under subparagraph (A) may 
     exceed the numerical limitation in subparagraph

[[Page S7051]]

     (A)(ii)(III), at the option of the State, for any of the 
     following reasons:
       ``(i) To allow a parenting youth in foster care to remain 
     with the child of the parenting youth.
       ``(ii) To allow siblings to remain together.
       ``(iii) To allow a child with an established meaningful 
     relationship with the family to remain with the family.
       ``(iv) To allow a family with special training or skills to 
     provide care to a child who has a severe disability.
       ``(C) Rule of construction.--Subparagraph (A) shall not be 
     construed as prohibiting a foster parent from renting the 
     home in which the parent cares for a foster child placed in 
     the parent's care.
       ``(2) Child-care institution.--
       ``(A) In general.--The term `child-care institution' means 
     a private child-care institution, or a public child-care 
     institution which accommodates no more than 25 children, 
     which is licensed by the State in which it is situated or has 
     been approved by the agency of the State responsible for 
     licensing or approval of institutions of this type as meeting 
     the standards established for the licensing.
       ``(B) Supervised settings.--In the case of a child who has 
     attained 18 years of age, the term shall include a supervised 
     setting in which the individual is living independently, in 
     accordance with such conditions as the Secretary shall 
     establish in regulations.
       ``(C) Exclusions.--The term shall not include detention 
     facilities, forestry camps, training schools, or any other 
     facility operated primarily for the detention of children who 
     are determined to be delinquent.''.
       (c) Training for State Judges, Attorneys, and Other Legal 
     Personnel in Child Welfare Cases.--Section 438(b)(1) of such 
     Act (42 U.S.C. 629h(b)(1)) is amended in the matter preceding 
     subparagraph (A) by inserting ``shall provide for the 
     training of judges, attorneys, and other legal personnel in 
     child welfare cases on Federal child welfare policies and 
     payment limitations with respect to children in foster care 
     who are placed in settings that are not a foster family 
     home,'' after ``with respect to the child,''.
       (d) Assurance of Nonimpact on Juvenile Justice System.--
       (1) State plan requirement.--Section 471(a) of such Act (42 
     U.S.C. 671(a)), as amended by section 131, is further amended 
     by adding at the end the following:
       ``(37) includes a certification that, in response to the 
     limitation imposed under section 472(k) with respect to 
     foster care maintenance payments made on behalf of any child 
     who is placed in a setting that is not a foster family home, 
     the State will not enact or advance policies or practices 
     that would result in a significant increase in the population 
     of youth in the State's juvenile justice system.''.
       (2) GAO study and report.--The Comptroller General of the 
     United States shall evaluate the impact, if any, on State 
     juvenile justice systems of the limitation imposed under 
     section 472(k) of the Social Security Act (as added by 
     section 201(a)(1)) on foster care maintenance payments made 
     on behalf of any child who is placed in a setting that is not 
     a foster family home, in accordance with the amendments made 
     by subsections (a) and (b) of this section. In particular, 
     the Comptroller General shall evaluate the extent to which 
     children in foster care who also are subject to the juvenile 
     justice system of the State are placed in a facility under 
     the jurisdiction of the juvenile justice system and whether 
     the lack of available congregate care placements under the 
     jurisdiction of the child welfare systems is a contributing 
     factor to that result. Not later than December 31, 2023, the 
     Comptroller General shall submit to Congress a report on the 
     results of the evaluation.

     SEC. 202. ASSESSMENT AND DOCUMENTATION OF THE NEED FOR 
                   PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT 
                   PROGRAM.

       Section 475A of the Social Security Act (42 U.S.C. 675a) is 
     amended by adding at the end the following:
       ``(c) Assessment, Documentation, and Judicial Determination 
     Requirements for Placement in a Qualified Residential 
     Treatment Program.--In the case of any child who is placed in 
     a qualified residential treatment program (as defined in 
     section 472(k)(4)), the following requirements shall apply 
     for purposes of approving the case plan for the child and the 
     case system review procedure for the child:
       ``(1)(A) Within 30 days of the start of each placement in 
     such a setting, a qualified individual (as defined in 
     subparagraph (D)) shall--
       ``(i) assess the strengths and needs of the child using an 
     age-appropriate, evidence-based, validated, functional 
     assessment tool approved by the Secretary;
       ``(ii) determine whether the needs of the child can be met 
     with family members or through placement in a foster family 
     home or, if not, which setting from among the settings 
     specified in section 472(k)(2) would provide the most 
     effective and appropriate level of care for the child in the 
     least restrictive environment and be consistent with the 
     short- and long-term goals for the child, as specified in the 
     permanency plan for the child; and
       ``(iii) develop a list of child-specific short- and long-
     term mental and behavioral health goals.
       ``(B)(i) The State shall assemble a family and permanency 
     team for the child in accordance with the requirements of 
     clauses (ii) and (iii). The qualified individual conducting 
     the assessment required under subparagraph (A) shall work in 
     conjunction with the family of, and permanency team for, the 
     child while conducting and making the assessment.
       ``(ii) The family and permanency team shall consist of all 
     appropriate biological family members, relative, and fictive 
     kin of the child, as well as, as appropriate, professionals 
     who are a resource to the family of the child, such as 
     teachers, medical or mental health providers who have treated 
     the child, or clergy. In the case of a child who has attained 
     age 14, the family and permanency team shall include the 
     members of the permanency planning team for the child that 
     are selected by the child in accordance with section 
     475(5)(C)(iv).
       ``(iii) The State shall document in the child's case plan--
       ``(I) the reasonable and good faith effort of the State to 
     identify and include all such individuals on the family of, 
     and permanency team for, the child;
       ``(II) all contact information for members of the family 
     and permanency team, as well as contact information for other 
     family members and fictive kin who are not part of the family 
     and permanency team;
       ``(III) evidence that meetings of the family and permanency 
     team, including meetings relating to the assessment required 
     under subparagraph (A), are held at a time and place 
     convenient for family;
       ``(IV) if reunification is the goal, evidence demonstrating 
     that the parent from whom the child was removed provided 
     input on the members of the family and permanency team;
       ``(V) evidence that the assessment required under 
     subparagraph (A) is determined in conjunction with the family 
     and permanency team;
       ``(VI) the placement preferences of the family and 
     permanency team relative to the assessment that recognizes 
     children should be placed with their siblings unless there is 
     a finding by the court that such placement is contrary to 
     their best interest; and
       ``(VII) if the placement preferences of the family and 
     permanency team and child are not the placement setting 
     recommended by the qualified individual conducting the 
     assessment under subparagraph (A), the reasons why the 
     preferences of the team and of the child were not 
     recommended.
       ``(C) In the case of a child who the qualified individual 
     conducting the assessment under subparagraph (A) determines 
     should not be placed in a foster family home, the qualified 
     individual shall specify in writing the reasons why the needs 
     of the child cannot be met by the family of the child or in a 
     foster family home. A shortage or lack of foster family homes 
     shall not be an acceptable reason for determining that a 
     needs of the child cannot be met in a foster family home. The 
     qualified individual also shall specify in writing why the 
     recommended placement in a qualified residential treatment 
     program is the setting that will provide the child with the 
     most effective and appropriate level of care in the least 
     restrictive environment and how that placement is consistent 
     with the short- and long-term goals for the child, as 
     specified in the permanency plan for the child.
       ``(D)(i) Subject to clause (ii), in this subsection, the 
     term `qualified individual' means a trained professional or 
     licensed clinician who is not an employee of the State agency 
     and who is not connected to, or affiliated with, any 
     placement setting in which children are placed by the State.
       ``(ii) The Secretary may approve a request of a State to 
     waive any requirement in clause (i) upon a submission by the 
     State, in accordance with criteria established by the 
     Secretary, that certifies that the trained professionals or 
     licensed clinicians with responsibility for performing the 
     assessments described in subparagraph (A) shall maintain 
     objectivity with respect to determining the most effective 
     and appropriate placement for a child.
       ``(2) Within 60 days of the start of each placement in a 
     qualified residential treatment program, a family or juvenile 
     court or another court (including a tribal court) of 
     competent jurisdiction, or an administrative body appointed 
     or approved by the court, independently, shall--
       ``(A) consider the assessment, determination, and 
     documentation made by the qualified individual conducting the 
     assessment under paragraph (1);
       ``(B) determine whether the needs of the child can be met 
     through placement in a foster family home or, if not, whether 
     placement of the child in a qualified residential treatment 
     program provides the most effective and appropriate level of 
     care for the child in the least restrictive environment and 
     whether that placement is consistent with the short- and 
     long-term goals for the child, as specified in the permanency 
     plan for the child; and
       ``(C) approve or disapprove the placement.
       ``(3) The written documentation made under paragraph (1)(C) 
     and documentation of the determination and approval or 
     disapproval of the placement in a qualified residential 
     treatment program by a court or administrative body under 
     paragraph (2) shall be included in and made part of the case 
     plan for the child.
       ``(4) As long as a child remains placed in a qualified 
     residential treatment program, the State agency shall submit 
     evidence at each status review and each permanency hearing 
     held with respect to the child--

[[Page S7052]]

       ``(A) demonstrating that ongoing assessment of the 
     strengths and needs of the child continues to support the 
     determination that the needs of the child cannot be met 
     through placement in a foster family home, that the placement 
     in a qualified residential treatment program provides the 
     most effective and appropriate level of care for the child in 
     the least restrictive environment, and that the placement is 
     consistent with the short- and long-term goals for the child, 
     as specified in the permanency plan for the child;
       ``(B) documenting the specific treatment or service needs 
     that will be met for the child in the placement and the 
     length of time the child is expected to need the treatment or 
     services; and
       ``(C) documenting the efforts made by the State agency to 
     prepare the child to return home or to be placed with a fit 
     and willing relative, a legal guardian, or an adoptive 
     parent, or in a foster family home.
       ``(5) In the case of any child who is placed in a qualified 
     residential treatment program for more than 12 consecutive 
     months or 18 nonconsecutive months (or, in the case of a 
     child who has not attained age 13, for more than 6 
     consecutive or nonconsecutive months), the State agency shall 
     submit to the Secretary--
       ``(A) the most recent versions of the evidence and 
     documentation specified in paragraph (4); and
       ``(B) the signed approval of the head of the State agency 
     for the continued placement of the child in that setting.''.

     SEC. 203. PROTOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES.

       (a) State Plan Requirement.--Section 422(b)(15)(A) of the 
     Social Security Act (42 U.S.C. 622(b)(15)(A)) is amended--
       (1) in clause (vi), by striking ``and'' after the 
     semicolon;
       (2) by redesignating clause (vii) as clause (viii); and
       (3) by inserting after clause (vi) the following:
       ``(vii) the procedures and protocols the State has 
     established to ensure that children in foster care placements 
     are not inappropriately diagnosed with mental illness, other 
     emotional or behavioral disorders, medically fragile 
     conditions, or developmental disabilities, and placed in 
     settings that are not foster family homes as a result of the 
     inappropriate diagnoses; and''.
       (b) Evaluation.--Section 476 of such Act (42 U.S.C. 676), 
     as amended by section 111(d), is further amended by adding at 
     the end the following:
       ``(e) Evaluation of State Procedures and Protocols To 
     Prevent Inappropriate Diagnoses of Mental Illness or Other 
     Conditions.--The Secretary shall conduct an evaluation of the 
     procedures and protocols established by States in accordance 
     with the requirements of section 422(b)(15)(A)(vii). The 
     evaluation shall analyze the extent to which States comply 
     with and enforce the procedures and protocols and the 
     effectiveness of various State procedures and protocols and 
     shall identify best practices. Not later than January 1, 
     2019, the Secretary shall submit a report on the results of 
     the evaluation to Congress.''.
                                 ______
                                 
  SA 5166. Mr. PORTMAN (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed by him to the bill H.R. 2028, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2016, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 14, strike line 18 and all that follows 
     through page 15, line 9, and insert the following:
       `` `(iv) General fund transfer.--If the transfer under this 
     subparagraph for fiscal year 2017 (after any adjustment under 
     paragraph (5)) is insufficient to pay health benefits under 
     the plan for such year, including benefits of the individuals 
     referred to in clause (ii)(II)(bb) for the period described 
     in clause (ii)(II), the Secretary of the Treasury shall 
     transfer to the Plan out of the general fund of the Treasury 
     an amount sufficient to pay such benefits.'.
       ``(c) Conforming Amendment.--Subparagraph (B) of section 
     402(h)(1) of the Surface Mining Control and Reclamation Act 
     of 1977 (30 U.S.C. 1232(h)(1)) is amended by inserting 
     `(except as provided in paragraph (2)(C)(iv))' after `not to 
     exceed'.
                                 ______
                                 
  SA 5167. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2028, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding sections 101 and 102, within 
     amounts appropriated for the Department of Defense for 
     ``Defense Health Program'', $1,832,000,000 shall be available 
     only for the Congressionally Directed Medical Research 
     Program for research, development, test, and evaluation.
                                 ______
                                 
  SA 5168. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2028, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding sections 101 and 102, within 
     amounts appropriated for the Department of Defense for 
     ``Procurement, Defense-Wide'' and ``Research, Development, 
     Test and Evaluation, Defense-Wide'', an aggregate of 
     $600,735,000 shall be available for Israeli Cooperative 
     Programs: Provided, That the availability of such amount for 
     such Programs shall be subject to the same authority and 
     conditions as are provided in the Department of Defense 
     Appropriations Act, 2016 (division C of Public Law 114-113) 
     with respect to the availability of amounts in that Act for 
     such Programs.
                                 ______
                                 
  SA 5169. Mr. BOOZMAN (for Mr. Toomey) proposed an amendment to the 
bill S. 1831, to revise section 48 of title 18, United States Code, and 
for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Preventing Animal Cruelty 
     and Torture Act'' or the ``PACT Act''.

     SEC. 2. REVISION OF SECTION 48.

       (a) In General.--Section 48 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 48. Animal crushing

       ``(a) Offenses.--
       ``(1) Crushing.--It shall be unlawful for any person to 
     purposely engage in animal crushing in or affecting 
     interstate or foreign commerce or within the special maritime 
     and territorial jurisdiction of the United States.
       ``(2) Creation of animal crush videos.--It shall be 
     unlawful for any person to knowingly create an animal crush 
     video, if--
       ``(A) the person intends or has reason to know that the 
     animal crush video will be distributed in, or using a means 
     or facility of, interstate or foreign commerce; or
       ``(B) the animal crush video is distributed in, or using a 
     means or facility of, interstate or foreign commerce.
       ``(3) Distribution of animal crush videos.--It shall be 
     unlawful for any person to knowingly sell, market, advertise, 
     exchange, or distribute an animal crush video in, or using a 
     means or facility of, interstate or foreign commerce.
       ``(b) Extraterritorial Application.--This section applies 
     to the knowing sale, marketing, advertising, exchange, 
     distribution, or creation of an animal crush video outside of 
     the United States, if--
       ``(1) the person engaging in such conduct intends or has 
     reason to know that the animal crush video will be 
     transported into the United States or its territories or 
     possessions; or
       ``(2) the animal crush video is transported into the United 
     States or its territories or possessions.
       ``(c) Penalties.--Whoever violates this section shall be 
     fined under this title, imprisoned for not more than 7 years, 
     or both.
       ``(d) Exceptions.--
       ``(1) In general.--This section does not apply with regard 
     to any conduct, or a visual depiction of that conduct, that 
     is--
       ``(A) a customary and normal veterinary, agricultural 
     husbandry, or other animal management practice;
       ``(B) the slaughter of animals for food;
       ``(C) hunting, trapping, fishing, a sporting activity not 
     otherwise prohibited by Federal law, predator control, or 
     pest control;
       ``(D) medical or scientific research;
       ``(E) necessary to protect the life or property of a 
     person; or
       ``(F) performed as part of euthanizing an animal.
       ``(2)  Good-faith distribution.--This section does not 
     apply to the good-faith distribution of an animal crush video 
     to--
       ``(A) a law enforcement agency; or
       ``(B) a third party for the sole purpose of analysis to 
     determine if referral to a law enforcement agency is 
     appropriate.
       ``(3) Unintentional conduct.--This section does not apply 
     to unintentional conduct that injures or kills an animal.
       ``(4) Consistency with rfra.--This section shall be 
     enforced in a manner that is consistent with section 3 of the 
     Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-
     1).
       ``(e) No Preemption.--Nothing in this section shall be 
     construed to preempt the law of any State or local 
     subdivision thereof to protect animals.
       ``(f) Definitions.--In this section--
       ``(1) the term `animal crushing' means actual conduct in 
     which one or more living non-human mammals, birds, reptiles, 
     or amphibians is purposely crushed, burned, drowned, 
     suffocated, impaled, or otherwise subjected to serious bodily 
     injury (as defined in section 1365 and including conduct 
     that, if committed against a person and in the special 
     maritime and territorial jurisdiction of the United States, 
     would violate section 2241 or 2242);
       ``(2) the term `animal crush video' means any photograph, 
     motion-picture film, video or digital recording, or 
     electronic image that--
       ``(A) depicts animal crushing; and
       ``(B) is obscene; and

[[Page S7053]]

       ``(3) the term `euthanizing an animal' means the humane 
     destruction of an animal accomplished by a method that--
       ``(A) produces rapid unconsciousness and subsequent death 
     without evidence of pain or distress; or
       ``(B) uses anesthesia produced by an agent that causes 
     painless loss of consciousness and subsequent death.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 3 of title 18, United States Code, is 
     amended by striking the item relating to section 48 and 
     inserting the following:

``48. Animal crushing.''.
                                 ______
                                 
  SA 5170. Mr. BOOZMAN (for Mr. Perdue) proposed an amendment to the 
bill S. 2781, to improve homeland security, including domestic 
preparedness and response to terrorism, by reforming Federal Law 
Enforcement Training Centers to provide training to first responders, 
and for other purposes; as follows:

       On page 3, line 15, insert ``delegated'' after ``carry 
     out''.
       On page 4, strike lines 1 through 8 and insert the 
     following:
       ``(B) maximizes opportunities for small business 
     participation;
       On page 11, beginning on line 20, strike ``and to 
     compensate such employees for time spent traveling from their 
     homes to work sites''.
                                 ______
                                 
  SA 5171. Mr. BOOZMAN (for Mr. Perdue) proposed an amendment to the 
bill H.R. 3842, to improve homeland security, including domestic 
preparedness and response to terrorism, by reforming Federal Law 
Enforcement Training Centers to provide training to first responders, 
and for other purposes; as follows:

       On page 3, line 19, insert ``delegated'' after ``carry 
     out''.
       On page 4, strike lines 5 through 12 and insert the 
     following:
       ``(B) maximizes opportunities for small business 
     participation;
       On page 11, beginning on line 25, strike ``and to 
     compensate such employees for time spent traveling from their 
     homes to work sites''.
                                 ______
                                 
  SA 5172. Mr. BOOZMAN (for Mr. Sullivan) proposed an amendment to the 
bill S. 3086, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC. 3. ASSISTANCE FOR SEVERE MARINE DEBRIS EVENTS.

       Section 3 of the Marine Debris Act (33 U.S.C. 1952) is 
     amended by adding at the end the following new subsection:
       ``(d) Assistance for Severe Marine Debris Events.--
       ``(1) In general.--At the discretion of the Administrator 
     or at the request of the Governor of an affected State, the 
     Administrator shall determine whether there is a severe 
     marine debris event.
       ``(2) Assistance.--If the Administrator makes a 
     determination under paragraph (1) that there is a severe 
     marine debris event, the Administrator is authorized to make 
     sums available to be used by the affected State or by the 
     Administrator in cooperation with the affected State--
       ``(A) to assist in the cleanup and response required by the 
     severe marine debris event; or
       ``(B) such other activity as the Administrator determines 
     is appropriate in response to the severe marine debris event.
       ``(3) Federal share.--The Federal share of the cost of any 
     activity carried out under the authority of this subsection 
     shall not exceed 75 percent of the cost of that activity.''.

     SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL ENGAGEMENT TO 
                   RESPOND TO MARINE DEBRIS.

       It is the sense of Congress that the President should--
       (1) work with representatives of foreign countries that 
     produce the largest amounts of unmanaged municipal solid 
     waste that reaches the ocean to learn about, and find 
     solutions to, the contributions of such countries to marine 
     debris in the world's oceans;
       (2) carry out studies to determine--
       (A) the primary means by which solid waste enters the 
     oceans;
       (B) the manner in which waste management infrastructure can 
     be most effective in preventing debris from reaching the 
     oceans;
       (C) the long-term economic impacts of marine debris on the 
     national economies of each country set out in paragraph (1) 
     and on the global economy; and
       (D) the economic benefits of decreasing the amount of 
     marine debris in the oceans;
       (3) work with representatives of foreign countries that 
     produce the largest amounts of unmanaged municipal solid 
     waste that reaches the ocean to conclude one or more new 
     international agreements--
       (A) to mitigate the risk of land-based marine debris 
     contributed by such countries reaching an ocean; and
       (B) to increase technical assistance and investment in 
     waste management infrastructure, if the President determines 
     appropriate; and
       (4) consider the benefits and appropriateness of having a 
     senior official of the Department of State serve as a 
     permanent member of the Interagency Marine Debris 
     Coordinating Committee established under section 5 of the 
     Marine Debris Act (33 U.S.C. 1954).
                                 ______
                                 
  SA 5173. Mr. BOOZMAN (for Mr. Moran) proposed an amendment to the 
bill S. 290, to amend title 38, United States Code, to improve the 
accountability of employees of the Department of Veterans Affairs, and 
for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Increasing the Department of 
     Veterans Affairs Accountability to Veterans Act of 2016''.
       ``(e) Definitions.--In this section:
       ``(1) The term `covered position' is--
       ``(A) a senior executive position; or
       ``(B) a position listed in section 7401(1) of this title 
     that is not a senior executive position.
       ``(2) The term `covered service' means, with respect to an 
     individual subject to a removal or transfer from a covered 
     position at the Department for performance or misconduct, the 
     period of service beginning on the date that the Secretary 
     determines that such individual engaged in activity that gave 
     rise to such action and ending on the date that such 
     individual is removed from the civil service or leaves 
     employment at the Department prior to the issuance of a final 
     decision with respect to such action, as the case may be.
       ``(3) The term `lump-sum credit' has the meaning given such 
     term in section 8331 or 8401 of title 5, as the case may be.
       ``(4) The term `senior executive position' has the meaning 
     given such term in section 713(g) of this title.
       ``(5) The term `service' has the meaning given such term in 
     section 8331 or 8401 of title 5, as the case may be.''.
       (b) Application.--Section 715 of such title, as added by 
     subsection (a), shall apply to any action of removal or 
     transfer from a covered position (as defined in subsection 
     (e) of such section) at the Department of Veterans Affairs 
     commencing on or after the date of the enactment of this Act.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``715. Senior executives and section 7401(1) employees: reduction of 
              benefits of individuals convicted of a felony.''.

     SEC. 3. LIMITATION ON ADMINISTRATIVE LEAVE FOR EMPLOYEES OF 
                   DEPARTMENT OF VETERANS AFFAIRS.

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

     ``Sec. 717. Administrative leave limitation and report

       ``(a) Limitation Applicable to Employees Within the 
     Department.--(1) The Secretary may not place any covered 
     individual on administrative leave for more than a total of 
     14 business days during any 365-day period.
       ``(2)(A) The Secretary may waive the limitation under 
     paragraph (1) and extend the period of administrative leave 
     of a covered individual if the Secretary submits to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a detailed explanation of the reasons the 
     covered individual was placed on administrative leave and the 
     reasons for the extension of such leave.
       ``(B) Such explanation shall include the position of the 
     covered individual and the location where the covered 
     individual is employed.
       ``(3) In this subsection, the term `covered individual' 
     means an employee of the Department, including an employee in 
     a senior executive position (as defined in section 713(g) of 
     this title)--
       ``(A) who is subject to an investigation for purposes of 
     determining whether such individual should be subject to any 
     disciplinary action under this title or title 5; or
       ``(B) against whom any disciplinary action is proposed or 
     initiated under this title or title 5.
       ``(b) Report on Administrative Leave.--(1) Not later than 
     30 days after the end of each fiscal year, the Secretary 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report listing the position of each 
     employee of the Department (if any) who has been placed on 
     administrative leave for a period longer than 14 business 
     days during such fiscal year.
       ``(2) Each report submitted under paragraph (1) shall 
     include, with respect to each employee listed in such report, 
     the following:
       ``(A) The position occupied by the employee.
       ``(B) The number of business days of such leave.
       ``(C) The reason that such employee was placed on such 
     leave.
       ``(3) In submitting each report under paragraph (1), the 
     Secretary shall take such measures to protect the privacy of 
     the employees listed in the report as the Secretary considers 
     appropriate.
       ``(c) Administrative Leave Defined.--In this section, the 
     term `administrative leave'--

[[Page S7054]]

       ``(1) means an administratively authorized absence from 
     duty without loss of pay or charge to leave for which the 
     employee is placed due to an investigation on or for whom any 
     disciplinary action is proposed or initiated; and
       ``(2) includes any type of paid non-duty status without a 
     charge to leave.''.
       (b) Application.--
       (1) Administrative leave limitation.--Subsection (a) of 
     section 717 of title 38, United States Code (as added by 
     subsection (a)), shall apply to any period of administrative 
     leave (as defined in such section) commencing on or after the 
     date of the enactment of this Act.
       (2) Report.--The report under section 717(b) of such title 
     (as added by subsection (a)) shall apply beginning in the 
     first quarter that ends after the date that is 180 days after 
     the date of the enactment of this Act.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of such title is further amended by 
     adding at the end the following new item:

``717. Administrative leave limitation and report.''.

     SEC. 4. ACCOUNTABILITY OF LEADERS FOR MANAGING THE DEPARTMENT 
                   OF VETERANS AFFAIRS.

       (a) In General.--Chapter 7 of title 38, United States Code, 
     is amended by inserting after section 709 the following new 
     section:

     ``Sec. 710. Annual performance plan for political appointees

       ``(a) In General.--The Secretary shall conduct an annual 
     performance plan for each political appointee of the 
     Department that is similar to the annual performance plan 
     conducted for an employee of the Department who is 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.
       ``(b) Elements of Plan.--Each annual performance plan 
     conducted under subsection (a) with respect to a political 
     appointee of the Department shall include, to the extent 
     applicable, an assessment of whether the appointee is meeting 
     the following goals:
       ``(1) Recruiting, selecting, and retaining well-qualified 
     individuals for employment at the Department.
       ``(2) Engaging and motivating employees.
       ``(3) Training and developing employees and preparing those 
     employees for future leadership roles within the Department.
       ``(4) Holding each employee of the Department that is a 
     manager accountable for addressing issues relating to 
     performance, in particular issues relating to the performance 
     of employees that report to the manager.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of such title is further amended by 
     inserting after the item relating to section 709 the 
     following new item:

``710. Annual performance plan for political appointees.''.

     SEC. 5. ACCOUNTABILITY OF SUPERVISORS AT DEPARTMENT OF 
                   VETERANS AFFAIRS FOR HIRING WELL-QUALIFIED 
                   PEOPLE.

       (a) Assessment During Probationary Period.--
       (1) Determination required.--With respect to any employee 
     of the Department of Veterans Affairs who is required to 
     serve a probationary period in a position in the Department, 
     the Secretary of Veterans Affairs shall require the 
     supervisor of such employee to determine, during the 30-day 
     period ending on the date on which the probationary period 
     ends, whether the employee--
       (A) has demonstrated successful performance; and
       (B) should continue past the probationary period.
       (2) Limitation on employment after probationary period.--
       (A) In general.--Except as provided in subparagraph (B), no 
     employee of the Department serving a probationary period as 
     described in paragraph (1) may complete that probationary 
     period unless and until the supervisor of the employee, or 
     another supervisor capable of making the requisite 
     determination, has made an affirmative determination under 
     such paragraph.
       (B) Probationary period deemed completed.--
       (i) No determination.--If no determination under paragraph 
     (1) is made with respect to an employee before the end of the 
     60-day period following the end of the 30-day period 
     specified in such paragraph, the employee shall be deemed to 
     have completed the probationary period of the employee 
     effective as of the end of that 60-day period.
       (ii) Retroactive effect of determination.--If an 
     affirmative determination under paragraph (1) is made with 
     respect to an employee after the end of the 30-day period 
     specified in such paragraph, the employee shall be deemed to 
     have completed the probationary period of the employee 
     effective as of the end of that 30-day period.
       (3) Notification to congress regarding determinations.--Not 
     less frequently than monthly, the Secretary shall notify the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives regarding--
       (A) each instance during such month in which a supervisor 
     did not make a determination required under paragraph (1) 
     during the period required in such paragraph; and
       (B) each such instance included in a previous notification 
     under this paragraph for which the supervisor still has not 
     made such a determination.
       (b) Supervisors.--With respect to any employee of the 
     Department who is serving a probationary period in a 
     supervisory position at the Department, successful 
     performance under subsection (a) shall include demonstrating 
     management competencies in addition to the technical skills 
     required for such position.
       (c) Performance Plan.--Each annual performance plan 
     conducted for a supervisor of an employee serving a 
     probationary period shall hold the supervisor accountable 
     for--
       (1) providing regular feedback to such employee during such 
     period before making a determination under subsection (a) 
     regarding the probationary status of such employee; and
       (2) making a timely determination under subsection (a) 
     regarding the probationary status of such employee.
       (d) Supervisor Defined.--In this section, the term 
     ``supervisor'' has the meaning given such term in section 
     7103(a) of title 5, United States Code.

     SEC. 6. ACCOUNTABILITY OF MANAGERS FOR ADDRESSING PERFORMANCE 
                   OF EMPLOYEES.

       The Secretary of Veterans Affairs shall ensure that, as a 
     part of the annual performance plan of an employee of the 
     Department of Veterans Affairs who is a manager, the manager 
     is evaluated on the following:
       (1) Taking action to address poor performance and 
     misconduct among the employees that report to the manager.
       (2) Taking steps to improve or sustain high levels of 
     employee engagement.

     SEC. 7. EXPANSION OF DEFINITION OF PERSONNEL ACTION TO 
                   INCLUDE PERFORMANCE EVALUATIONS OF EMPLOYEES OF 
                   THE DEPARTMENT OF VETERANS AFFAIRS.

       Section 2302(a)(2)(A)(viii) of title 5, United States Code, 
     is amended by inserting ``or under title 38'' after ``chapter 
     43 of this title''.

     SEC. 8. WRITTEN OPINION ON CERTAIN EMPLOYMENT RESTRICTIONS 
                   AFTER TERMINATING EMPLOYMENT WITH THE 
                   DEPARTMENT OF VETERANS AFFAIRS.

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

     ``Sec. 719. Written opinion on certain employment 
       restrictions after terminating employment with the 
       Department

       ``(a)  In General.--Before terminating employment with the 
     Department, any official of the Department who has 
     participated personally and substantially during the one-year 
     period ending on the date of the termination in an 
     acquisition by the Department that exceeds $10,000,000 shall 
     obtain a written opinion from an appropriate ethics counselor 
     at the Department regarding any restrictions on activities 
     that the official may undertake on behalf of a covered 
     contractor during the two-year period beginning on the date 
     on which the official terminates such employment.
       ``(b) Covered Contractor Defined.--In this section, the 
     term `covered contractor' means a contractor carrying out a 
     contract entered into with the Department, including pursuant 
     to a subcontract.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of such title is further amended by 
     inserting after the item relating to section 717 the 
     following new item:

``719. Written opinion on certain employment restrictions after leaving 
              the Department.''.

     SEC. 9. REQUIREMENT FOR CONTRACTORS OF THE DEPARTMENT 
                   EMPLOYING CERTAIN RECENTLY SEPARATED DEPARTMENT 
                   EMPLOYEES.

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

     ``Sec. 8129. Requirement for contractors employing certain 
       recently separated Department employees

       ``(a) In General.--A covered contractor may not knowingly 
     provide compensation to an individual described in subsection 
     (b) during the two-year period beginning on the date on which 
     the individual terminates employment with the Department 
     unless the covered contractor determines that the 
     individual--
       ``(1) has obtained the written opinion required under 
     section 719(a) of this title; or
       ``(2) has requested such written opinion not later than 30 
     days before receiving compensation from the covered 
     contractor.
       ``(b) Individual Described.--An individual described in 
     this subsection is any official of the Department who 
     participated personally and substantially during the one-year 
     period ending on the date of the termination individual's 
     employment with the Department in an acquisition by the 
     Department that exceeds $10,000,000.
       ``(c) Covered Contractor Defined.--In this section, the 
     term `covered contractor' means a contractor carrying out a 
     contract entered into with the Department, including pursuant 
     to a subcontract.''.
       (b) Application.--The requirement under section 8129(a) of 
     title 38, United States Code, as added by subsection (a), 
     shall apply with respect to any entity that enters into a 
     contract with the Department on or after the date of the 
     enactment of this Act.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 81 of such title is amended by inserting 
     after the item relating to section 8128 the following new 
     item:


[[Page S7055]]


``8129. Requirement for contractors employing certain recently 
              separated Department employees.''.
                                 ______
                                 
  SA 5174. Mr. PORTMAN (for Mr. Hatch) proposed an amendment to the 
concurrent resolution S. Con. Res. 57, honoring in praise and 
remembrance the extraordinary life, steady leadership, and remarkable, 
70-year reign of King Bhumibol Adulyadej of Thailand; as follows:

       In the 8th whereas clause, strike ``2006'' and insert 
     ``2009''.
                                 ______
                                 
  SA 5175. Mr. PORTMAN (for Mr. Corker) proposed an amendment to the 
bill H.R. 1150, to amend the International Religious Freedom Act of 
1998 to improve the ability of the United States to advance religious 
freedom globally through enhanced diplomacy, training, 
counterterrorism, and foreign assistance efforts, and through stronger 
and more flexible political responses to religious freedom violations 
and violent extremism worldwide, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Frank R. 
     Wolf International Religious Freedom Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; policy; sense of Congress.
Sec. 3. Definitions.

                TITLE I--DEPARTMENT OF STATE ACTIVITIES

Sec. 101. Office on International Religious Freedom; Ambassador at 
              Large for International Religious Freedom.
Sec. 102. Annual Report on International Religious Freedom.
Sec. 103. Training for Foreign Service officers.
Sec. 104. Prisoner lists and issue briefs on religious freedom 
              concerns.

                  TITLE II--NATIONAL SECURITY COUNCIL

Sec. 201. Special Adviser for International Religious Freedom.

                    TITLE III--PRESIDENTIAL ACTIONS

Sec. 301. Non-state actor designations.
Sec. 302. Presidential actions in response to particularly severe 
              violations of religious freedom.
Sec. 303. Report to Congress.
Sec. 304. Presidential waiver.
Sec. 305. Publication in the Federal Register.

                TITLE IV--PROMOTION OF RELIGIOUS FREEDOM

Sec. 401. Assistance for promoting religious freedom.

TITLE V--DESIGNATED PERSONS LIST FOR PARTICULARLY SEVERE VIOLATIONS OF 
                           RELIGIOUS FREEDOM

Sec. 501. Designated Persons List for Particularly Severe Violations of 
              Religious Freedom.

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Miscellaneous provisions.
Sec. 602. Clerical amendments.

     SEC. 2. FINDINGS; POLICY; SENSE OF CONGRESS.

       (a) Findings.--Section 2(a) of the International Religious 
     Freedom Act of 1998 (22 U.S.C. 6401(a)) is amended--
       (1) in paragraph (3), by inserting ``The freedom of 
     thought, conscience, and religion is understood to protect 
     theistic and non-theistic beliefs and the right not to 
     profess or practice any religion.'' before ``Governments'';
       (2) in paragraph (4), by adding at the end the following: 
     ``A policy or practice of routinely denying applications for 
     visas for religious workers in a country can be indicative of 
     a poor state of religious freedom in that country.''; and
       (3) in paragraph (6)--
       (A) by inserting ``and the specific targeting of non-
     theists, humanists, and atheists because of their beliefs'' 
     after ``religious persecution''; and
       (B) by inserting ``and in regions where non-state actors 
     exercise significant political power and territorial 
     control'' before the period at the end.
       (b) Policy.--Section 2(b) of the International Religious 
     Freedom Act of 1998 (22 U.S.C. 6401(b)) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E);
       (2) by striking the matter preceding subparagraph (A), as 
     redesignated, and inserting the following:
       ``(1) In general.--The following shall be the policy of the 
     United States:''; and
       (3) by adding at the end the following:
       ``(2) Evolving policies and coordinated diplomatic 
     responses.--Because the promotion of international religious 
     freedom protects human rights, advances democracy abroad, and 
     advances United States interests in stability, security, and 
     development globally, the promotion of international 
     religious freedom requires new and evolving policies and 
     diplomatic responses that--
       ``(A) are drawn from the expertise of the national security 
     agencies, the diplomatic services, and other governmental 
     agencies and nongovernmental organizations; and
       ``(B) are coordinated across and carried out by the entire 
     range of Federal agencies.''.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) a policy or practice by the government of any foreign 
     country of routinely denying visa applications for religious 
     workers can be indicative of a poor state of religious 
     freedom in that country; and
       (2) the United States Government should seek to reverse any 
     such policy by reviewing the entirety of the bilateral 
     relationship between such country and the United States.

     SEC. 3. DEFINITIONS.

       Section 3 of the International Religious Freedom Act of 
     1998 (22 U.S.C. 6402) is amended--
       (1) by redesignating paragraph (13) as paragraph (16);
       (2) by redesignating paragraphs (10), (11), and (12) as 
     paragraphs (12), (13), and (14), respectively;
       (3) by inserting after paragraph (9) the following:
       ``(10) Institution of higher education.--The term 
     `institution of higher education' has the meaning given that 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(11) Non-state actor.--The term `non-state actor' means a 
     nonsovereign entity that--
       ``(A) exercises significant political power and territorial 
     control;
       ``(B) is outside the control of a sovereign government; and
       ``(C) often employs violence in pursuit of its 
     objectives.'';
       (4) by inserting after paragraph (14), as redesignated, the 
     following:
       ``(15) Special watch list.--The term `Special Watch List' 
     means the Special Watch List described in section 
     402(b)(1)(A)(iii).''; and
       (5) in paragraph (16), as redesignated--
       (A) in subparagraph (A)--
       (i) by redesignating clauses (iv) and (v) as clauses (v) 
     and (vi), respectively; and
       (ii) by inserting after clause (iii) the following:
       ``(iv) not professing a particular religion, or any 
     religion;''; and
       (B) in subparagraph (B)--
       (i) by inserting ``conscience, non-theistic views, or'' 
     before ``religious belief or practice''; and
       (ii) by inserting ``forcibly compelling non-believers or 
     non-theists to recant their beliefs or to convert,'' after 
     ``forced religious conversion,''.

                TITLE I--DEPARTMENT OF STATE ACTIVITIES

     SEC. 101. OFFICE ON INTERNATIONAL RELIGIOUS FREEDOM; 
                   AMBASSADOR AT LARGE FOR INTERNATIONAL RELIGIOUS 
                   FREEDOM.

       (a) In General.--Section 101 of the International Religious 
     Freedom Act of 1998 (22 U.S.C. 6411) is amended--
       (1) in subsection (b), by inserting ``, and shall report 
     directly to the Secretary of State'' before the period at the 
     end;
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``responsibility'' and inserting 
     ``responsibilities'';
       (ii) by striking ``shall be to advance'' and inserting the 
     following: ``shall be to--
       ``(A) advance'';
       (iii) in subparagraph (A), as redesignated, by striking the 
     period at the end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(B) integrate United States international religious 
     freedom policies and strategies into the foreign policy 
     efforts of the United States.'';
       (B) in paragraph (2), by inserting ``the principal adviser 
     to'' before ``the Secretary of State'';
       (C) in paragraph (3)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(C) contacts with nongovernmental organizations that have 
     an impact on the state of religious freedom in their 
     respective societies or regions, or internationally.'';
       (D) by redesignating paragraph (4) as paragraph (5); and
       (E) by inserting after paragraph (3) the following:
       ``(4) Coordination responsibilities.--In order to promote 
     religious freedom as an interest of United States foreign 
     policy, the Ambassador at Large--
       ``(A) shall coordinate international religious freedom 
     policies across all programs, projects, and activities of the 
     United States; and
       ``(B) should participate in any interagency processes on 
     issues in which the promotion of international religious 
     freedom policy can advance United States national security 
     interests, including in democracy promotion, stability, 
     security, and development globally.''; and
       (3) in subsection (d), by striking ``staff for the Office'' 
     and all that follows and inserting ``appropriate staff for 
     the Office, including full-time equivalent positions and 
     other temporary staff positions needed to compile, edit, and 
     manage the Annual Report under the direct supervision of the 
     Ambassador at Large, and for the conduct of investigations by 
     the Office and for necessary travel to carry out this Act. 
     The Secretary of State should provide the Ambassador at Large 
     with sufficient funding to carry out the duties described in 
     this section, including, as

[[Page S7056]]

     necessary, representation funds. On the date on which the 
     President's annual budget request is submitted to Congress, 
     the Secretary shall submit an annual report to the 
     appropriate congressional committees that includes a report 
     on staffing levels for the International Religious Freedom 
     Office.''.
       (b) Sense of Congress.--It is the sense of Congress that 
     maintaining an adequate staffing level at the Office, such as 
     was in place during fiscal year 2016, is necessary for the 
     Office to carry out its important work.

     SEC. 102. ANNUAL REPORT ON INTERNATIONAL RELIGIOUS FREEDOM.

       (a) In General.--Section 102(b)(1) of the International 
     Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``September 1'' and inserting ``May 1'';
       (2) in subparagraph (A)--
       (A) in clause (iii), by striking ``; and'' and inserting 
     ``as well as the routine denial of visa applications for 
     religious workers;'';
       (B) by redesignating clause (iv) as clause (vii); and
       (C) by inserting after clause (iii) the following:
       ``(iv) particularly severe violations of religious freedom 
     in that country if such country does not have a functioning 
     government or the government of such country does not control 
     its territory;
       ``(v) the identification of prisoners, to the extent 
     possible, in that country pursuant to section 108(d);
       ``(vi) any action taken by the government of that country 
     to censor religious content, communications, or worship 
     activities online, including descriptions of the targeted 
     religious group, the content, communication, or activities 
     censored, and the means used; and'';
       (3) in subparagraph (B), in the matter preceding clause 
     (i)--
       (A) by inserting ``persecution of lawyers, politicians, or 
     other human rights advocates seeking to defend the rights of 
     members of religious groups or highlight religious freedom 
     violations, prohibitions on ritual animal slaughter or male 
     infant circumcision,'' after ``entire religions,''; and
       (B) by inserting ``policies that ban or restrict the public 
     manifestation of religious belief and the peaceful 
     involvement of religious groups or their members in the 
     political life of each such foreign country,'' after ``such 
     groups,'';
       (4) in subparagraph (C), by striking ``A description of 
     United States actions and'' and inserting ``A detailed 
     description of United States actions, diplomatic and 
     political coordination efforts, and other''; and
       (5) in subparagraph (F)(i)--
       (A) by striking ``section 402(b)(1)'' and inserting 
     ``section 402(b)(1)(A)(ii)''; and
       (B) by adding at the end the following: ``Any country in 
     which a non-state actor designated as an entity of particular 
     concern for religious freedom under section 301 of the Frank 
     R. Wolf International Religious Freedom Act is located shall 
     be included in this section of the report.''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the original intent of the International Religious 
     Freedom Act of 1998 (22 U.S.C. 6401 et seq.) was to require 
     annual reports from both the Department of State and the 
     Commission on International Religious Freedom to be delivered 
     each year, during the same calendar year, and with at least 5 
     months separating these reports, in order to provide updated 
     information for policymakers, Members of Congress, and 
     nongovernmental organizations; and
       (2) given that the annual Country Reports on Human Rights 
     Practices no longer contain updated information on religious 
     freedom conditions globally, it is important that the 
     Department of State coordinate with the Commission to fulfill 
     the original intent of the International Religious Freedom 
     Act of 1998.

     SEC. 103. TRAINING FOR FOREIGN SERVICE OFFICERS.

       (a) Amendment to Foreign Service Act of 1980.--Section 708 
     of the Foreign Service Act of 1980 (22 U.S.C. 4028) is 
     amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (e) and (f), respectively;
       (2) in subsection (a)--
       (A) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (B) by striking ``(a) The Secretary of State'' and 
     inserting the following:
       ``(a) Human Rights, Religious Freedom, and Human 
     Trafficking Training.--
       ``(1) In general.--The Secretary of State''; and
       (C) by adding at the end the following:
       ``(2) Additional training.--Not later than the one year 
     after the date of the enactment of the Frank R. Wolf 
     International Religious Freedom Act, the Director of the 
     George P. Shultz National Foreign Affairs Training Center 
     shall, consistent with this section, conduct training on 
     religious freedom for all Foreign Service officers, including 
     all entry level officers, all officers prior to departure for 
     posting outside the United States, and all outgoing deputy 
     chiefs of mission and ambassadors. Such training shall be 
     included in each of--
       ``(A) the A-100 course attended by all Foreign Service 
     officers;
       ``(B) the courses required of every Foreign Service officer 
     prior to a posting outside the United States, with segments 
     tailored to the particular religious demography, religious 
     freedom conditions, and United States strategies for 
     advancing religious freedom, in each receiving country; and
       ``(C) the courses required of all outgoing deputy chiefs of 
     mission and ambassadors.''; and
       (3) by inserting after subsection (a) the following:
       ``(b) Development of Curriculum.--The Ambassador at Large 
     for International Religious Freedom, in coordination with the 
     Director of the George P. Shultz National Foreign Affairs 
     Training Center and other Federal officials, as appropriate, 
     and in consultation with the United States Commission on 
     International Religious Freedom established under section 
     201(a) of the International Religious Freedom Act of 1998, 
     shall make recommendations to the Secretary of State 
     regarding the curriculum required under subsection (a)(2) for 
     training United States Foreign Service officers on the scope 
     and strategic value of international religious freedom, how 
     violations of international religious freedom harm 
     fundamental United States interests, how the advancement of 
     international religious freedom can advance such interests, 
     how United States international religious freedom policy 
     should be carried out in practice by United States diplomats 
     and other Foreign Service officers, and the relevance and 
     relationship of international religious freedom to United 
     States defense, diplomacy, development, and public affairs 
     efforts. The Secretary of State should ensure the 
     availability of sufficient resources to develop and implement 
     such curriculum.
       ``(c) Information Sharing.--The curriculum and training 
     materials developed pursuant to subsections (a)(2) and (b) 
     shall be shared with the United States Armed Forces and other 
     Federal departments and agencies with personnel who are 
     stationed overseas, as appropriate, to provide training on--
       ``(1) United States religious freedom policies;
       ``(2) religious traditions;
       ``(3) religious engagement strategies;
       ``(4) religious and cultural issues; and
       ``(5) efforts to counter violent religious extremism.'';
       (4) in subsection (e), as redesignated, by striking ``The 
     Secretary of State'' and inserting ``Refugees.--The Secretary 
     of State''; and
       (5) in subsection (f), as redesignated, by striking ``The 
     Secretary of State'' and inserting ``Child Soldiers.--The 
     Secretary of State''.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State, with the 
     assistance of the Ambassador at Large for International 
     Religious Freedom, and the Director of the Foreign Service 
     Institute, located at the George P. Shultz National Foreign 
     Affairs Training Center, shall submit a report to the 
     Committee on Foreign Affairs of the House of Representatives 
     and the Committee on Foreign Relations of the Senate that 
     contains a plan for undertaking training for Foreign Service 
     officers under section 708 of the Foreign Services Act of 
     1980, as amended by subsection (a).

     SEC. 104. PRISONER LISTS AND ISSUE BRIEFS ON RELIGIOUS 
                   FREEDOM CONCERNS.

       Section 108 of the International Religious Freedom Act of 
     1998 (22 U.S.C. 6417) is amended--
       (1) in subsection (b), by striking ``faith,'' and inserting 
     ``activities, religious freedom advocacy, or efforts to 
     protect and advance the universally recognized right to the 
     freedom of religion,'';
       (2) in subsection (c), by striking ``, as appropriate, 
     provide'' and insert ``make available''; and
       (3) by adding at the end the following:
       ``(d) Victims List Maintained by the United States 
     Commission on International Religious Freedom.--
       ``(1) In general.--The Commission shall make publicly 
     available, to the extent practicable, online and in official 
     publications, lists of persons it determines are imprisoned 
     or detained, have disappeared, been placed under house 
     arrest, been tortured, or subjected to forced renunciations 
     of faith for their religious activity or religious freedom 
     advocacy by the government of a foreign country that the 
     Commission recommends for designation as a country of 
     particular concern for religious freedom under section 
     402(b)(1)(A)(ii) or by a non-state actor that the Commission 
     recommends for designation as an entity of particular concern 
     for religious freedom under section 301 of the Frank R. Wolf 
     International Religious Freedom Act and include as much 
     publicly available information as practicable on the 
     conditions and circumstances of such persons.
       ``(2) Discretion.--In compiling lists under paragraph (1), 
     the Commission shall exercise all appropriate discretion, 
     including consideration of the safety and security of, and 
     benefit to, the persons who may be included on the lists and 
     the families of such persons.''.

                  TITLE II--NATIONAL SECURITY COUNCIL

     SEC. 201. SPECIAL ADVISER FOR INTERNATIONAL RELIGIOUS 
                   FREEDOM.

       The position described in section 101(k) of the National 
     Security Act of 1947 (50 U.S.C. 3021(k)) should assist the 
     Ambassador at Large for International Religious Freedom to 
     coordinate international religious freedom policies and 
     strategies throughout the executive branch and within any 
     interagency policy committee of which the Ambassador at Large 
     is a member.

[[Page S7057]]

  


                    TITLE III--PRESIDENTIAL ACTIONS

     SEC. 301. NON-STATE ACTOR DESIGNATIONS.

       (a) In General.--The President, concurrent with the annual 
     foreign country review required under section 402(b)(1)(A) of 
     the International Religious Freedom Act of 1998 (22 U.S.C. 
     6442(b)(1)(A)), shall--
       (1) review and identify any non-state actors operating in 
     any such reviewed country or surrounding region that have 
     engaged in particularly severe violations of religious 
     freedom; and
       (2) designate, in a manner consistent with such Act, each 
     such non-state actor as an entity of particular concern for 
     religious freedom.
       (b) Report.--Whenever the President designates a non-state 
     actor under subsection (a) as an entity of particular concern 
     for religious freedom, the President, as soon as practicable 
     after the designation is made, shall submit a report to the 
     appropriate congressional committees that describes the 
     reasons for such designation.
       (c) Actions.--The President should take specific actions, 
     when practicable, to address severe violations of religious 
     freedom of non-state actors that are designated under 
     subsection (a)(2).
       (d) Department of State Annual Report.--The Secretary of 
     State should include information detailing the reasons the 
     President designated a non-state actor as an entity of 
     particular concern for religious freedom under subsection (a) 
     in the Annual Report required under section 102(b)(1) of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6412(b)(1)).
       (e) Sense of Congress.--It is the sense of Congress that--
       (1) the Secretary of State should work with Congress and 
     the U.S. Commission on International Religious Freedom--
       (A) to create new political, financial, and diplomatic 
     tools to address severe violations of religious freedom by 
     non-state actors; and
       (B) to update the actions the President can take under 
     section 405 of the International Religious Freedom Act of 
     1998 (22 U.S.C. 6445);
       (2) governments must ultimately be held accountable for the 
     abuses that occur in their territories; and
       (3) any actions the President takes after designating a 
     non-state actor as an entity of particular concern should 
     also involve high-level diplomacy with the government of the 
     country in which the non-state actor is operating.
       (f) Determinations of Responsible Parties.--In order to 
     appropriately target Presidential actions under the 
     International Religious Freedom Act of 1998 (22 U.S.C. 6401 
     et seq.), the President, with respect to each non-state actor 
     designated as an entity of particular concern for religious 
     freedom under subsection (a), shall seek to determine, to the 
     extent practicable, the specific officials or members that 
     are responsible for the particularly severe violations of 
     religious freedom engaged in or tolerated by such non-state 
     actor.
       (g) Definitions.--In this section, the terms ``appropriate 
     congressional committees'', ``non-state actor'', and 
     ``particularly severe violations of religious freedom'' have 
     the meanings given such terms in section 3 of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 6402), 
     as amended by section 3 of this Act.

     SEC. 302. PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY 
                   SEVERE VIOLATIONS OF RELIGIOUS FREEDOM.

       Section 402 of the International Religious Freedom Act of 
     1998 (22 U.S.C. 6442) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) In general.--Not later than 90 days after the date on 
     which each Annual Report is submitted under section 102(b), 
     the President shall--
       ``(i) review the status of religious freedom in each 
     foreign country to determine whether the government of that 
     country has engaged in or tolerated particularly severe 
     violations of religious freedom in each such country during 
     the preceding 12 months or longer;
       ``(ii) designate each country the government of which has 
     engaged in or tolerated violations described in clause (i) as 
     a country of particular concern for religious freedom; and
       ``(iii) designate each country that engaged in or tolerated 
     severe violations of religious freedom during the previous 
     year, but does not meet, in the opinion of the President at 
     the time of publication of the Annual Report, all of the 
     criteria described in section 3(15) for designation under 
     clause (ii) as being placed on a `Special Watch List'.''; and
       (ii) in subparagraph (C), by striking ``prior to September 
     1 of the respective year'' and inserting ``before the date on 
     which each Annual Report is submitted under section 102(b)'';
       (B) by amending paragraph (3) to read as follows:
       ``(3) Congressional notification.--
       ``(A) In general.--Whenever the President designates a 
     country as a country of particular concern for religious 
     freedom under paragraph (1)(A)(ii), the President, not later 
     than 90 days after such designation, shall submit to the 
     appropriate congressional committees--
       ``(i) the designation of the country, signed by the 
     President;
       ``(ii) the identification, if any, of responsible parties 
     determined under paragraph (2); and
       ``(iii) a description of the actions taken under subsection 
     (c), the purposes of the actions taken, and the effectiveness 
     of the actions taken.
       ``(B) Removal of designation.--A country that is designated 
     as a country of particular concern for religious freedom 
     under paragraph (1)(A)(ii) shall retain such designation 
     until the President determines and reports to the appropriate 
     congressional committees that the country should no longer be 
     so designated.''; and
       (C) by adding at the end the following:
       ``(4) Effect on designation as country of particular 
     concern.--The presence or absence of a country from the 
     Special Watch List in any given year shall not preclude the 
     designation of such country as a country of particular 
     concern for religious freedom under paragraph (1)(A)(ii) in 
     any such year.''; and
       (2) in subsection (c)(5), by striking ``the President must 
     designate the specific sanction or sanctions which he 
     determines satisfy the requirements of this subsection.'' and 
     inserting ``the President shall designate the specific 
     sanction or sanctions that the President determines satisfy 
     the requirements under this subsection and include a 
     description of the impact of such sanction or sanctions on 
     each country.''.

     SEC. 303. REPORT TO CONGRESS.

       Section 404(a)(4)(A) of the International Religious Freedom 
     Act of 1998 (22 U.S.C. 6444(a)(4)(A)) is amended--
       (1) in clause (ii), by striking ``and'' at the end;
       (2) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(iv) the impact on the advancement of United States 
     interests in democracy, human rights, and security, and a 
     description of policy tools being applied in the country, 
     including programs that target democratic stability, economic 
     growth, and counterterrorism.''.

     SEC. 304. PRESIDENTIAL WAIVER.

       Section 407 of the International Religious Freedom Act of 
     1998 (22 U.S.C. 6447) is amended--
       (1) in subsection (a)--
       (A) by striking ``subsection (b)'' and inserting 
     ``subsection (c)'';
       (B) by inserting ``, for a single, 180-day period,'' after 
     ``may waive'';
       (C) by striking paragraph (1); and
       (D) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (2) by redesignating subsection (b) as subsection (c);
       (3) by inserting after subsection (a) the following:
       ``(b) Additional Authority.--Subject to subsection (c), the 
     President may waive, for any additional specified period of 
     time after the 180-day period described in subsection (a), 
     the application of any of the actions described in paragraphs 
     (9) through (15) of section 405(a) (or a commensurate 
     substitute action) with respect to a country, if the 
     President determines and reports to the appropriate 
     congressional committees that--
       ``(1) the respective foreign government has ceased the 
     violations giving rise to the Presidential action; or
       ``(2) the important national interest of the United States 
     requires the exercise of such waiver authority.'';
       (4) in subsection (c), as redesignated, by inserting ``or 
     (b)'' after ``subsection (a)''; and
       (5) by adding at the end the following:
       ``(d) Sense of Congress.--It is the sense of Congress 
     that--
       ``(1) ongoing and persistent waivers of the application of 
     any of the actions described in paragraphs (9) through (15) 
     of section 405(a) (or commensurate substitute action) with 
     respect to a country do not fulfill the purposes of this Act; 
     and
       ``(2) because the promotion of religious freedom is an 
     important interest of United States foreign policy, the 
     President, the Secretary of State, and other executive branch 
     officials, in consultation with Congress, should seek to find 
     ways to address existing violations, on a case-by-case basis, 
     through the actions described in section 405 or other 
     commensurate substitute action.''.

     SEC. 305. PUBLICATION IN THE FEDERAL REGISTER.

       Section 408(a)(1) of the International Religious Freedom 
     Act of 1998 (22 U.S.C. 6448(a)(1)) is amended by adding at 
     the end the following: ``Any designation of a non-state actor 
     as an entity of particular concern for religious freedom 
     under section 301 of the Frank R. Wolf International 
     Religious Freedom Act and, if applicable and to the extent 
     practicable, the identities of individuals determined to be 
     responsible for violations described in subsection (f) of 
     such section.''.

                TITLE IV--PROMOTION OF RELIGIOUS FREEDOM

     SEC. 401. ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM.

       (a) Availability of Assistance.--It is the sense of 
     Congress that for each fiscal year that begins on or after 
     the date of the enactment of this Act, the President should 
     request sufficient appropriations from Congress to support--
       (1) the vigorous promotion of international religious 
     freedom and for projects to advance United States interests 
     in the protection and advancement of international religious 
     freedom, in particular, through grants to groups that--

[[Page S7058]]

       (A) are capable of developing legal protections or 
     promoting cultural and societal understanding of 
     international norms of religious freedom;
       (B) seek to address and mitigate religiously motivated and 
     sectarian violence and combat violent extremism; or
       (C) seek to strengthen investigations, reporting, and 
     monitoring of religious freedom violations, including 
     genocide perpetrated against religious minorities; and
       (2) the establishment of an effective Religious Freedom 
     Defense Fund, to be administered by the Ambassador at Large 
     for International Religious Freedom, to provide grants for--
       (A) victims of religious freedom abuses and their families 
     to cover legal and other expenses that may arise from 
     detention, imprisonment, torture, fines, and other 
     restrictions; and
       (B) projects to help create and support training of a new 
     generation of defenders of religious freedom, including legal 
     and political advocates, and civil society projects which 
     seek to create advocacy networks, strengthen legal 
     representation, train and educate new religious freedom 
     defenders, and build the capacity of religious communities 
     and rights defenders to protect against religious freedom 
     violations, mitigate societal or sectarian violence, or 
     minimize legal or other restrictions of the right to freedom 
     of religion.
       (b) Preference.--It is the sense of Congress that, in 
     providing grants under subsection (a), the Ambassador at 
     Large for International Religious Freedom should, as 
     appropriate, give preference to projects targeting religious 
     freedom violations in countries--
       (1) designated as countries of particular concern for 
     religious freedom under section 402(b)(1) of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6442(b)(1)); or
       (2) included on the Special Watch List described in section 
     402(b)(1)(A)(iii) of the International Religious Freedom Act 
     of 1998, as added by section 302(1)(A)(i) of this Act.
       (c) Administration and Consultations.--
       (1) Administration.--Amounts made available under 
     subsection (a) shall be administered by the Ambassador at 
     Large for International Religious Freedom.
       (2) Consultations.--In developing priorities and policies 
     for providing grants authorized under subsection (a), 
     including programming and policy, the Ambassador at Large for 
     International Religious Freedom should consult with other 
     Federal agencies, including the United States Commission on 
     International Religious Freedom and, as appropriate, 
     nongovernmental organizations.

TITLE V--DESIGNATED PERSONS LIST FOR PARTICULARLY SEVERE VIOLATIONS OF 
                           RELIGIOUS FREEDOM

     SEC. 501. DESIGNATED PERSONS LIST FOR PARTICULARLY SEVERE 
                   VIOLATIONS OF RELIGIOUS FREEDOM.

       Title VI of the International Religious Freedom Act of 1998 
     (22 U.S.C. 6471 et seq.) is amended--
       (1) by redesignating section 605 as section 606; and
       (2) by inserting after section 604 the following:

     ``SEC. 605. DESIGNATED PERSONS LIST FOR PARTICULARLY SEVERE 
                   VIOLATIONS OF RELIGIOUS FREEDOM.

       ``(a) List.--
       ``(1) In general.--The Secretary of State, in coordination 
     with the Ambassador at Large and in consultation with 
     relevant government and nongovernment experts, shall 
     establish and maintain a list of foreign individuals to whom 
     a consular post has denied a visa on the grounds of 
     particularly severe violations of religious freedom under 
     section 212(a)(2)(G) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(2)(G)), or who are subject to financial 
     sanctions or other measures for particularly severe 
     violations of freedom religion.
       ``(2) Reference.--The list required under paragraph (1) 
     shall be known as the `Designated Persons List for 
     Particularly Severe Violations of Religious Freedom'.
       ``(b) Report.--
       ``(1) In general.--The Secretary of State shall submit a 
     report to the appropriate congressional committees that 
     contains the list required under subsection (a), including, 
     with respect to each foreign individual on the list--
       ``(A) the name of the individual and a description of the 
     particularly severe violation of religious freedom committed 
     by the individual;
       ``(B) the name of the country or other location in which 
     such violation took place; and
       ``(C) a description of the actions taken pursuant to this 
     Act or any other Act or Executive order in response to such 
     violation.
       ``(2) Submission and updates.--The Secretary of State shall 
     submit to the appropriate congressional committees--
       ``(A) the initial report required under paragraph (1) not 
     later than 180 days after the date of the enactment of the 
     Frank R. Wolf International Religious Freedom Act; and
       ``(B) updates to the report every 180 days thereafter and 
     as new information becomes available.
       ``(3) Form.--The report required under paragraph (1) should 
     be submitted in unclassified form but may contain a 
     classified annex.
       ``(4) Definition.--In this subsection, the term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Foreign Relations of the Senate;
       ``(B) the Committee on Appropriations of the Senate;
       ``(C) the Committee on Banking, Housing, and Urban Affairs 
     of the Senate;
       ``(D) the Committee on Foreign Affairs of the House of 
     Representatives;
       ``(E) the Committee on Appropriations of the House of 
     Representatives; and
       ``(F) the Committee on Financial Services of the House of 
     Representatives.''.

                   TITLE VI--MISCELLANEOUS PROVISIONS

     SEC. 601. MISCELLANEOUS PROVISIONS.

       Title VII of the International Religious Freedom Act of 
     1998 (22 U.S.C. 6481 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 702. VOLUNTARY CODES OF CONDUCT FOR UNITED STATES 
                   INSTITUTIONS OF HIGHER EDUCATION OUTSIDE THE 
                   UNITED STATES.

       ``(a) Finding.--Congress recognizes the enduring importance 
     of United States institutions of higher education worldwide--
       ``(1) for their potential for shaping positive leadership 
     and new educational models in host countries; and
       ``(2) for their emphasis on teaching universally recognized 
     rights of free inquiry and academic freedom.
       ``(b) Sense of Congress.--It is the sense of Congress that 
     United States institutions of higher education operating 
     campuses outside the United States or establishing any 
     educational entities with foreign governments, particularly 
     with or in countries the governments of which engage in or 
     tolerate severe violations of religious freedom as identified 
     in the Annual Report, should seek to adopt a voluntary code 
     of conduct for operating in such countries that should--
       ``(1) uphold the right of freedom of religion of their 
     employees and students, including the right to manifest that 
     religion peacefully as protected in international law;
       ``(2) ensure that the religious views and peaceful practice 
     of religion in no way affect, or be allowed to affect, the 
     status of a worker's or faculty member's employment or a 
     student's enrollment; and
       ``(3) make every effort in all negotiations, contracts, or 
     memoranda of understanding engaged in or constructed with a 
     foreign government to protect academic freedom and the rights 
     enshrined in the United Nations Declaration of Human Rights.

     ``SEC. 703. SENSE OF CONGRESS REGARDING NATIONAL SECURITY 
                   STRATEGY TO PROMOTE RELIGIOUS FREEDOM THROUGH 
                   UNITED STATES FOREIGN POLICY.

       ``It is the sense of Congress that the annual national 
     security strategy report of the President required under 
     section 108 of the National Security Act of 1947 (50 U.S.C. 
     3043)--
       ``(1) should promote international religious freedom as a 
     foreign policy and national security priority; and
       ``(2) should articulate that promotion of the right to 
     freedom of religion is a strategy that--
       ``(A) protects other, related human rights, and advances 
     democracy outside the United States; and
       ``(B) makes clear its importance to United States foreign 
     policy goals of stability, security, development, and 
     diplomacy;
       ``(3) should be a guide for the strategies and activities 
     of relevant Federal agencies; and
       ``(4) should inform the Department of Defense quadrennial 
     defense review under section 118 of title 10, United States 
     Code, and the Department of State Quadrennial Diplomacy and 
     Development Review.''.

     SEC. 602. CLERICAL AMENDMENTS.

       The table of contents of the International Religious 
     Freedom Act of 1998 (22 U.S.C. 6401 note) is amended--
       (1) by striking the item relating to section 605 and 
     inserting the following:

``Sec. 606. Studies on the effect of expedited removal provisions on 
              asylum claims.'';
       (2) by inserting after the item relating to section 604 the 
     following:

``Sec. 605. Designated Persons List for Particularly Severe Violations 
              of Religious Freedom.'';
     and
       (3) by adding at the end the following:

``Sec. 702. Voluntary codes of conduct for United States institutions 
              of higher education operating outside the United States.
``Sec. 703. Sense of Congress regarding national security strategy to 
              promote religious freedom through United States foreign 
              policy.''.
                                 ______
                                 
  SA 5176. Mr. PORTMAN (for Mr. Corker) proposed an amendment to 
amendment SA 5175 proposed by Mr. Portman (for Mr. Corker) to the bill 
H.R. 1150, to amend the International Religious Freedom Act of 1998 to 
improve the ability of the United States to advance religious freedom 
globally through enhanced diplomacy, training, counterterrorism, and 
foreign assistance efforts, and through stronger and more flexible 
political responses to religious freedom violations and violent 
extremism worldwide, and for other purposes; as follows:

       Beginning on page 13, strike line 12 and all that follows 
     through page 16, line 20, and insert the following:

[[Page S7059]]

       (a) Amendments to Foreign Service Act of 1980.--Section 708 
     of the Foreign Service Act of 1980 (22 U.S.C. 4028) is 
     amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (B) by striking ``(a) The Secretary of State'' and 
     inserting the following:
       ``(a) Human Rights, Religious Freedom, and Human 
     Trafficking Training.--
       ``(1) In general.--The Secretary of State''; and
       (C) by adding at the end the following:
       ``(2) Religious freedom training.--
       ``(A) In general.--In carrying out the training required 
     under paragraph (1)(B), the Director of the George P. Shultz 
     National Foreign Affairs Training Center shall, not later 
     than the one year after the date of the enactment of the 
     Frank R. Wolf International Religious Freedom Act, conduct 
     training on religious freedom for all Foreign Service 
     officers, including all entry level officers, all officers 
     prior to departure for posting outside the United States, and 
     all outgoing deputy chiefs of mission and ambassadors. Such 
     training shall be included in--
       ``(i) the A-100 course attended by all Foreign Service 
     officers;
       ``(ii) the courses required of every Foreign Service 
     officer prior to a posting outside the United States, with 
     segments tailored to the particular religious demography, 
     religious freedom conditions, and United States strategies 
     for advancing religious freedom, in each receiving country; 
     and
       ``(iii) the courses required of all outgoing deputy chiefs 
     of mission and ambassadors.
       ``(B) Development of curriculum.--In carrying out the 
     training required under paragraph (1)(B), the Ambassador at 
     Large for International Religious Freedom, in coordination 
     with the Director of the George P. Shultz National Foreign 
     Affairs Training Center and other Federal officials, as 
     appropriate, and in consultation with the United States 
     Commission on International Religious Freedom established 
     under section 201(a) of the International Religious Freedom 
     Act of 1998 (22 U.S.C. 6431(a)), shall make recommendations 
     to the Secretary of State regarding a curriculum for the 
     training of United States Foreign Service officers under 
     paragraph (1)(B) on the scope and strategic value of 
     international religious freedom, how violations of 
     international religious freedom harm fundamental United 
     States interests, how the advancement of international 
     religious freedom can advance such interests, how United 
     States international religious freedom policy should be 
     carried out in practice by United States diplomats and other 
     Foreign Service officers, and the relevance and relationship 
     of international religious freedom to United States defense, 
     diplomacy, development, and public affairs efforts. The 
     Secretary of State should ensure the availability of 
     sufficient resources to develop and implement such 
     curriculum.
       ``(C) Information sharing.--The curriculum and training 
     materials developed under this paragraph shall be shared with 
     the United States Armed Forces and other Federal departments 
     and agencies with personnel who are stationed overseas, as 
     appropriate, to provide training on--
       ``(i) United States religious freedom policies;
       ``(ii) religious traditions;
       ``(iii) religious engagement strategies;
       ``(iv) religious and cultural issues; and
       ``(v) efforts to counter violent religious extremism.'';
       (2) in subsection (b), by striking ``The Secretary of 
     State'' and inserting ``Refugees.--The Secretary of State''; 
     and
       (3) in subsection (c), by striking ``The Secretary of 
     State'' and inserting ``Child Soldiers.--The Secretary of 
     State''.
                                 ______
                                 
  SA 5177. Mr. PORTMAN (for Mr. Corker) proposed an amendment to the 
bill H.R. 4939, to increase engagement with the governments of the 
Caribbean region, the Caribbean diaspora community in the United 
States, and the private sector and civil society in both the United 
States and the Caribbean, and for other purposes; as follows:

       On page 11, beginning on line 3, strike ``with respect to'' 
     and all that follows through line 5 and insert ``with respect 
     to human rights and democracy''.
                                 ______
                                 
  SA 5178. Mr. PORTMAN (for Mr. Johnson) proposed an amendment to the 
bill H.R. 6302, to provide an increase in premium pay for protective 
services during 2016, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Overtime Pay for Protective 
     Services Act of 2016''.

     SEC. 2. PREMIUM PAY EXCEPTION IN 2016 FOR PROTECTIVE 
                   SERVICES.

       (a) Definition.--In this section, the term ``covered 
     employee'' means any officer, employee, or agent employed by 
     the United States Secret Service who performs protective 
     services for an individual or event protected by the United 
     States Secret Service during 2016.
       (b) Exception to the Limitation on Premium Pay for 
     Protective Services.--
       (1) In general.--Notwithstanding any other provision of 
     law, during 2016, section 5547(a) of title 5, United States 
     Code, shall not apply to any covered employee to the extent 
     that its application would prevent a covered employee from 
     receiving premium pay, as provided under the amendment made 
     by paragraph (2).
       (2) Technical and conforming amendment.--Section 118 of the 
     Treasury and General Government Appropriations Act, 2001 (as 
     enacted into law by section 1(3) of Public Law 106-554; 114 
     Stat. 2763A-134) is amended, in the first sentence, by 
     inserting ``or, if the employee qualifies for an exception to 
     such limitation under section 2(b)(1) of the Overtime Pay for 
     Protective Services Act of 2016, to the extent that such 
     aggregate amount would exceed the rate of basic pay payable 
     for a position at level II of the Executive Schedule under 
     section 5313 of title 5, United States Code'' after ``of that 
     limitation''.
       (c) Treatment of Additional Pay.--If subsection (b) results 
     in the payment of additional premium pay to a covered 
     employee of a type that is normally creditable as basic pay 
     for retirement or any other purpose, that additional pay 
     shall not--
       (1) be considered to be basic pay of the covered employee 
     for any purpose; or
       (2) be used in computing a lump-sum payment to the covered 
     employee for accumulated and accrued annual leave under 
     section 5551 or section 5552 of title 5, United States Code.
       (d) Aggregate Limit.--With respect to the application of 
     section 5307 of title 5, United States Code, the payment of 
     any additional premium pay to a covered employee as a result 
     of subsection (b) shall not be counted as part of the 
     aggregate compensation of the covered employee.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect as if enacted on December 
     31, 2015.
                                 ______
                                 
  SA 5179. Mr. PORTMAN (for Mr. Johnson) proposed an amendment to the 
bill H.R. 6302, to provide an increase in premium pay for protective 
services during 2016, and for other purposes; as follows:

       Amend the title to read as follows: ``A bill to provide an 
     increase in premium pay for protective services during 2016, 
     and for other purposes.''.

                                 ______
                                 
  SA 5180. Mr. PORTMAN (for Mr. Cruz (for himself and Mr. Nelson)) 
proposed an amendment to the bill S. 3346, to authorize the programs of 
the National Aeronautics and Space Administration, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Aeronautics and Space Administration Transition Authorization 
     Act of 2016''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Fiscal year 2017.

            TITLE II--SUSTAINING NATIONAL SPACE COMMITMENTS

Sec. 201. Sense of Congress on sustaining national space commitments.
Sec. 202. Findings.

    TITLE III--MAXIMIZING UTILIZATION OF THE ISS AND LOW-EARTH ORBIT

Sec. 301. Operation of the ISS.
Sec. 302. Transportation to ISS.
Sec. 303. ISS transition plan.
Sec. 304. Space communications.
Sec. 305. Indemnification; NASA launch services and reentry services.

            TITLE IV--ADVANCING HUMAN DEEP SPACE EXPLORATION

  Subtitle A--Human Space Flight and Exploration Goals and Objectives

Sec. 411. Human space flight and exploration long-term goals.
Sec. 412. Key objectives.
Sec. 413. Vision for space exploration.
Sec. 414. Stepping stone approach to exploration.
Sec. 415. Update of exploration plan and programs.
Sec. 416. Repeals.
Sec. 417. Assured access to space.

         Subtitle B--Assuring Core Capabilities for Exploration

Sec. 421. Space Launch System, Orion, and Exploration Ground Systems.

                      Subtitle C--Journey to Mars

Sec. 431. Findings on human space exploration.
Sec. 432. Human exploration roadmap.
Sec. 433. Advanced space suit capability.
Sec. 434. Asteroid robotic redirect mission.
Sec. 435. Mars 2033 report.

                    Subtitle D--TREAT Astronauts Act

Sec. 441. Short title.
Sec. 442. Findings; sense of Congress.
Sec. 443. Medical monitoring and research relating to human space 
              flight.

                    TITLE V--ADVANCING SPACE SCIENCE

Sec. 501. Maintaining a balanced space science portfolio.
Sec. 502. Planetary science.
Sec. 503. James Webb Space Telescope.
Sec. 504. Wide-Field Infrared Survey Telescope.

[[Page S7060]]

Sec. 505. Mars 2020 rover.
Sec. 506. Europa.
Sec. 507. Congressional declaration of policy and purpose.
Sec. 508. Extrasolar planet exploration strategy.
Sec. 509. Astrobiology strategy.
Sec. 510. Astrobiology public-private partnerships.
Sec. 511. Near-earth objects.
Sec. 512. Near-Earth objects public-private partnerships.
Sec. 513. Assessment of science mission extensions.
Sec. 514. Stratospheric observatory for infrared astronomy.
Sec. 515. Radioisotope power systems.
Sec. 516. Assessment of Mars architecture.
Sec. 517. Collaboration.

                         TITLE VI--AERONAUTICS

Sec. 601. Sense of Congress on aeronautics.
Sec. 602. Transformative aeronautics research.
Sec. 603. Hypersonic research.
Sec. 604. Supersonic research.
Sec. 605. Rotorcraft research.

                      TITLE VII--SPACE TECHNOLOGY

Sec. 701. Space technology infusion.
Sec. 702. Space technology program.

                   TITLE VIII--MAXIMIZING EFFICIENCY

      Subtitle A--Agency Information Technology and Cybersecurity

Sec. 811. Information technology governance.
Sec. 812. Information technology strategic plan.
Sec. 813. Cybersecurity.
Sec. 814. Security management of foreign national access.
Sec. 815. Cybersecurity of web applications.

 Subtitle B--Collaboration Among Mission Directorates and Other Matters

Sec. 821. Collaboration among mission directorates.
Sec. 822. NASA launch capabilities collaboration.
Sec. 823. Detection and avoidance of counterfeit parts.
Sec. 824. Education and outreach.
Sec. 825. Leveraging commercial satellite servicing capabilities across 
              mission directorates.
Sec. 826. Flight opportunities.
Sec. 827. Sense of Congress on small class launch missions.
Sec. 828. Baseline and cost controls.
Sec. 829. Commercial technology transfer program.
Sec. 830. Avoiding organizational conflicts of interest in major 
              administration acquisition programs.
Sec. 831. Protection of Apollo landing sites.
Sec. 832. NASA lease of non-excess property.
Sec. 833. Termination liability.
Sec. 834. Independent reviews.
Sec. 835. NASA Advisory Council.
Sec. 836. Cost estimation.
Sec. 837. Facilities and infrastructure.
Sec. 838. Human space flight accident investigations.
Sec. 839. Orbital debris.
Sec. 840. Review of orbital debris removal concepts.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administration.--The term ``Administration'' means the 
     National Aeronautics and Space Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Aeronautics and Space 
     Administration.
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Science, Space, and Technology of the 
     House of Representatives.
       (4) Cis-lunar space.--The term ``cis-lunar space'' means 
     the region of space from the Earth out to and including the 
     region around the surface of the Moon.
       (5) Deep space.--The term ``deep space'' means the region 
     of space beyond low-Earth orbit, to include cis-lunar space.
       (6) Government astronaut.--The term ``government 
     astronaut'' has the meaning given the term in section 50902 
     of title 51, United States Code.
       (7) ISS.--The term ``ISS'' means the International Space 
     Station.
       (8) ISS management entity.--The term ``ISS management 
     entity'' means the organization with which the Administrator 
     has a cooperative agreement under section 504(a) of the 
     National Aeronautics and Space Administration Authorization 
     Act of 2010 (42 U.S.C. 18354(a)).
       (9) NASA.--The term ``NASA'' means the National Aeronautics 
     and Space Administration.
       (10) Orion.--The term ``Orion'' means the multipurpose crew 
     vehicle described under section 303 of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18323).
       (11) Space launch system.--The term ``Space Launch System'' 
     has the meaning given the term in section 3 of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18302).
       (12) United states government astronaut.--The term ``United 
     States government astronaut'' has the meaning given the term 
     ``government astronaut'' in section 50902 of title 51, United 
     States Code, except it does not include an individual who is 
     an international partner astronaut.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

     SEC. 101. FISCAL YEAR 2017.

       There are authorized to be appropriated to NASA for fiscal 
     year 2017, $19,508,000,000, as follows:
       (1) For Exploration, $4,330,000,000.
       (2) For Space Operations, $5,023,000,000.
       (3) For Science, $5,500,000,000.
       (4) For Aeronautics, $640,000,000.
       (5) For Space Technology, $686,000,000.
       (6) For Education, $115,000,000.
       (7) For Safety, Security, and Mission Services, 
     $2,788,600,000.
       (8) For Construction and Environmental Compliance and 
     Restoration, $388,000,000.
       (9) For Inspector General, $37,400,000.

            TITLE II--SUSTAINING NATIONAL SPACE COMMITMENTS

     SEC. 201. SENSE OF CONGRESS ON SUSTAINING NATIONAL SPACE 
                   COMMITMENTS.

       It is the sense of Congress that--
       (1) honoring current national space commitments and 
     building upon investments in space across successive 
     Administrations demonstrates clear continuity of purpose by 
     the United States, in collaboration with its international, 
     academic, and industry partners, to extend humanity's reach 
     into deep space, including cis-lunar space, the Moon, the 
     surface and moons of Mars, and beyond;
       (2) NASA leaders can best leverage investments in the 
     United States space program by continuing to develop a 
     balanced portfolio for space exploration and space science, 
     including continued development of the Space Launch System, 
     Orion, Commercial Crew Program, space and planetary science 
     missions such as the James Webb Space Telescope, Wide-Field 
     Infrared Survey Telescope, and Europa mission, and ongoing 
     operations of the ISS and Commercial Resupply Services 
     Program;
       (3) a national, government-led space program that builds on 
     current science and exploration programs, advances human 
     knowledge and capabilities, and opens the frontier beyond 
     Earth for ourselves, commercial enterprise, and science, and 
     with our international partners, is of critical importance to 
     our national destiny and to a future guided by United States 
     values and freedoms;
       (4) continuity of purpose and effective execution of core 
     NASA programs are essential for efficient use of resources in 
     pursuit of timely and tangible accomplishments;
       (5) NASA could improve its efficiency and effectiveness by 
     working with industry to streamline existing programs and 
     requirements, procurement practices, institutional footprint, 
     and bureaucracy while preserving effective program oversight, 
     accountability, and safety;
       (6) it is imperative that the United States maintain and 
     enhance its leadership in space exploration and space 
     science, and continue to expand freedom and economic 
     opportunities in space for all Americans that are consistent 
     with the Constitution of the United States; and
       (7) NASA should be a multi-mission space agency, and should 
     have a balanced and robust set of core missions in space 
     science, space technology, aeronautics, human space flight 
     and exploration, and education.

     SEC. 202. FINDINGS.

       Congress makes the following findings:
       (1) Returns on the Nation's investments in science, 
     technology, and exploration accrue over decades-long 
     timeframes, and a disruption of such investments could 
     prevent returns from being fully realized.
       (2) Past challenges to the continuity of such investments, 
     particularly threats regarding the cancellation of authorized 
     programs with bipartisan and bicameral support, have 
     disrupted completion of major space systems thereby--
       (A) impeding planning and pursuit of national objectives in 
     space science and human space exploration;
       (B) placing such investments in space science and space 
     exploration at risk; and
       (C) degrading the aerospace industrial base.
       (3) The National Aeronautics and Space Administration 
     Authorization Act of 2005 (Public Law 109-155; 119 Stat. 
     2895), National Aeronautics and Space Administration 
     Authorization Act of 2008 (Public Law 110-422; 122 Stat. 
     4779), and National Aeronautics and Space Administration 
     Authorization Act of 2010 (42 U.S.C. 18301 et seq.) reflect a 
     broad, bipartisan agreement on the path forward for NASA's 
     core missions in science, space technology, aeronautics, 
     human space flight and exploration, and education, that 
     serves as the foundation for the policy updates by this Act.
       (4) Sufficient investment and maximum utilization of the 
     ISS and ISS National Laboratory with our international and 
     industry partners is--
       (A) consistent with the goals and objectives of the United 
     States space program; and
       (B) imperative to continuing United States global 
     leadership in human space exploration, science, research, 
     technology development, and education opportunities that 
     contribute to development of the next generation of American 
     scientists, engineers, and leaders, and to creating the 
     opportunity for economic development of low-Earth orbit.
       (5) NASA has made measurable progress in the development 
     and testing of the Space Launch System and Orion exploration 
     systems with the near-term objectives of the initial 
     integrated test flight and launch in

[[Page S7061]]

     2018, a human mission in 2021, and continued missions with an 
     annual cadence in cis-lunar space and eventually to the 
     surface of Mars.
       (6) The Commercial Crew Program has made measurable 
     progress toward reestablishing the capability to launch 
     United States government astronauts from United States soil 
     into low-Earth orbit by the end of 2018.
       (7) The Aerospace Safety Advisory Panel, in its 2015 Annual 
     Report, urged continuity of purpose noting concerns over the 
     potential for cost overruns and schedule slips that could 
     accompany significant changes to core NASA programs.

    TITLE III--MAXIMIZING UTILIZATION OF THE ISS AND LOW-EARTH ORBIT

     SEC. 301. OPERATION OF THE ISS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) after 15 years of continuous human presence in low-
     Earth orbit, the ISS continues to overcome challenges and 
     operate safely;
       (2) the ISS is a unique testbed for future space 
     exploration systems development, including long-duration 
     space travel;
       (3) the expansion of partnerships, scientific research, and 
     commercial applications of the ISS is essential to ensuring 
     the greatest return on investments made by the United States 
     and its international space partners in the development, 
     assembly, and operations of that unique facility;
       (4) utilization of the ISS will sustain United States 
     leadership and progress in human space exploration by--
       (A) facilitating the commercialization and economic 
     development of low-Earth orbit;
       (B) serving as a testbed for technologies and a platform 
     for scientific research and development; and
       (C) serving as an orbital facility enabling research upon--
       (i) the health, well-being, and performance of humans in 
     space; and
       (ii) the development of in-space systems enabling human 
     space exploration beyond low-Earth orbit; and
       (5) the ISS provides a platform for fundamental, 
     microgravity, discovery-based space life and physical 
     sciences research that is critical for enabling space 
     exploration, protecting humans in space, increasing pathways 
     for commercial space development that depend on advances in 
     basic research, and contributes to advancing science, 
     technology, engineering, and mathematics research.
       (b) Objectives.--The primary objectives of the ISS program 
     shall be--
       (1) to achieve the long term goal and objectives under 
     section 202 of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 18312); 
     and
       (2) to pursue a research program that advances knowledge 
     and provides other benefits to the Nation.
       (c) Continuation of the ISS.--Section 501 of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18351) is amended to read as follows:

     ``SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION.

       ``(a) Policy of the United States.--It shall be the policy 
     of the United States, in consultation with its international 
     partners in the ISS program, to support full and complete 
     utilization of the ISS through at least 2024.
       ``(b) NASA Action.--In furtherance of the policy set forth 
     in subsection (a), NASA shall--
       ``(1) pursue international, commercial, and 
     intragovernmental means to maximize ISS logistics supply, 
     maintenance, and operational capabilities, reduce risks to 
     ISS systems sustainability, and offset and minimize United 
     States operations costs relating to the ISS;
       ``(2) utilize, to the extent practicable, the ISS for the 
     development of capabilities and technologies needed for the 
     future of human space exploration beyond low-Earth orbit; and
       ``(3) utilize, if practical and cost effective, the ISS for 
     Science Mission Directorate missions in low-Earth orbit.''.

     SEC. 302. TRANSPORTATION TO ISS.

       (a) Findings.--Congress finds that reliance on foreign 
     carriers for United States crew transfer is unacceptable, and 
     the Nation's human space flight program must acquire the 
     capability to launch United States government astronauts on 
     vehicles using United States rockets from United States soil 
     as soon as is safe, reliable, and affordable to do so.
       (b) Sense of Congress on Commercial Crew Program and 
     Commercial Resupply Services Program.--It is the sense of 
     Congress that--
       (1) once developed and certified to meet the 
     Administration's safety and reliability requirements, United 
     States commercially provided crew transportation systems 
     offer the potential of serving as the primary means of 
     transporting United States government astronauts and 
     international partner astronauts to and from the ISS and 
     serving as ISS crew rescue vehicles;
       (2) the budgetary assumptions used by the Administration in 
     its planning for the Commercial Crew Program have 
     consistently assumed significantly higher funding levels than 
     have been authorized and appropriated by Congress;
       (3) credibility in the Administration's budgetary estimates 
     for the Commercial Crew Program can be enhanced by an 
     independently developed cost estimate;
       (4) such credibility in budgetary estimates is an important 
     factor in understanding program risk;
       (5) United States access to low-Earth orbit is paramount to 
     the continued success of the ISS and ISS National Laboratory;
       (6) a stable and successful Commercial Resupply Services 
     Program and Commercial Crew Program are critical to ensuring 
     timely provisioning of the ISS and to reestablishing the 
     capability to launch United States government astronauts from 
     United States soil into orbit, ending reliance upon Russian 
     transport of United States government astronauts to the ISS 
     which has not been possible since the retirement of the Space 
     Shuttle program in 2011;
       (7) NASA should build upon the success of the Commercial 
     Orbital Transportation Services Program and Commercial 
     Resupply Services Program that have allowed private sector 
     companies to partner with NASA to deliver cargo and 
     scientific experiments to the ISS since 2012;
       (8) the 21st Century Launch Complex Program has enabled 
     significant modernization and infrastructure improvements at 
     launch sites across the United States to support NASA's 
     Commercial Resupply Services Program and other civil and 
     commercial space flight missions; and
       (9) the 21st Century Launch Complex Program should be 
     continued in a manner that leverages State and private 
     investments to achieve the goals of that program.
       (c) Reaffirmation.--Congress reaffirms--
       (1) its commitment to the use of a commercially developed, 
     private sector launch and delivery system to the ISS for crew 
     missions as expressed in the National Aeronautics and Space 
     Administration Authorization Act of 2005 (Public Law 109-155; 
     119 Stat. 2895), the National Aeronautics and Space 
     Administration Authorization Act of 2008 (Public Law 110-422; 
     122 Stat. 4779), and the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 18301 et 
     seq.); and
       (2) the requirement under section 50111(b)(1)(A) of title 
     51, United States Code, that the Administration shall make 
     use of United States commercially provided ISS crew transfer 
     and crew rescue services to the maximum extent practicable.
       (d) Use of Non-United States Human Space Flight 
     Transportation Capabilities.--Section 201(a) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18311(a)) is amended to read as follows:
       ``(a) Use of Non-United States Human Space Flight 
     Transportation Services.--
       ``(1) In general.--The Federal Government may not acquire 
     human space flight transportation services from a foreign 
     entity unless--
       ``(A) no United States Government-operated human space 
     flight capability is available;
       ``(B) no United States commercial provider is available; 
     and
       ``(C) it is a qualified foreign entity.
       ``(2) Definitions.--In this subsection:
       ``(A) Commercial provider.--The term `commercial provider' 
     means any person providing human space flight transportation 
     services, primary control of which is held by persons other 
     than the Federal Government, a State or local government, or 
     a foreign government.
       ``(B) Qualified foreign entity.--The term `qualified 
     foreign entity' means a foreign entity that is in compliance 
     with all applicable safety standards and is not prohibited 
     from providing space transportation services under other law.
       ``(C) United states commercial provider.--The term `United 
     States commercial provider' means a commercial provider, 
     organized under the laws of the United States or of a State, 
     that is more than 50 percent owned by United States 
     nationals.
       ``(3) Arrangements with foreign entities.--Nothing in this 
     subsection shall prevent the Administrator from negotiating 
     or entering into human space flight transportation 
     arrangements with foreign entities to ensure safety of flight 
     and continued ISS operations.''.
       (e) Commercial Crew Program.--
       (1) Safety.--
       (A) In general.--The Administrator shall protect the safety 
     of government astronauts by ensuring that each commercially 
     provided transportation system under this subsection meets 
     all applicable human rating requirements in accordance with 
     section 403(b)(1) of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 
     18342(b)(1)).
       (B) Lessons learned.--Consistent with the findings and 
     recommendations of the Columbia Accident Investigation Board, 
     the Administration shall ensure that safety and the 
     minimization of the probability of loss of crew are the 
     critical priorities of the Commercial Crew Program.
       (2) Cost minimization.--The Administrator shall strive 
     through the competitive selection process to minimize the 
     life cycle cost to the Administration through the planned 
     period of commercially provided crew transportation services.
       (f) Commercial Cargo Program.--Section 401 of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18341) is amended by striking ``Commercial 
     Orbital Transportation Services'' and inserting ``Commercial 
     Resupply Services''.

[[Page S7062]]

       (g) Competition.--It is the policy of the United States 
     that, to foster the competitive development, operation, 
     improvement, and commercial availability of space 
     transportation services, and to minimize the life cycle cost 
     to the Administration, the Administrator shall procure 
     services for Federal Government access to and return from the 
     ISS, whenever practicable, via fair and open competition for 
     well-defined, milestone-based, Federal Acquisition 
     Regulation-based contracts under section 201(a) of the 
     National Aeronautics and Space Administration Authorization 
     Act of 2010 (42 U.S.C. 18311(a)).
       (h) Transparency.--
       (1) Sense of congress.--It is the sense of Congress that 
     cost transparency and schedule transparency aid in effective 
     program management and risk assessment.
       (2) In general.--The Administrator shall, to the greatest 
     extent practicable and in a manner that does not add costs or 
     schedule delays to the program, ensure all Commercial Crew 
     Program and Commercial Resupply Services Program providers 
     provide evidence-based support for their costs and schedules.
       (i) ISS Cargo Resupply Services Lessons Learned.--Not later 
     than 120 days after the date of enactment of this Act, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report that--
       (1) identifies the lessons learned to date from previous 
     and existing Commercial Resupply Services contracts;
       (2) indicates whether changes are needed to the manner in 
     which the Administration procures and manages similar 
     services prior to the issuance of future Commercial Resupply 
     Services procurement opportunities; and
       (3) identifies any lessons learned from the Commercial 
     Resupply Services contracts that should be applied to the 
     procurement and management of commercially provided crew 
     transfer services to and from the ISS or to other future 
     procurements.

     SEC. 303. ISS TRANSITION PLAN.

       (a) Findings.--Congress finds that--
       (1) NASA has been both the primary supplier and consumer of 
     human space flight capabilities and services of the ISS and 
     in low-Earth orbit; and
       (2) according to the National Research Council report 
     ``Pathways to Exploration: Rationales and Approaches for a 
     U.S. Program of Human Space Exploration'' extending ISS 
     beyond 2020 to 2024 or 2028 will have significant negative 
     impacts on the schedule of crewed missions to Mars, without 
     significant increases in funding.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) an orderly transition for United States human space 
     flight activities in low-Earth orbit from the current regime, 
     that relies heavily on NASA sponsorship, to a regime where 
     NASA is one of many customers of a low-Earth orbit commercial 
     human space flight enterprise may be necessary; and
       (2) decisions about the long-term future of the ISS impact 
     the ability to conduct future deep space exploration 
     activities, and that such decisions regarding the ISS should 
     be considered in the context of the Human Exploration Roadmap 
     under section 432 of this Act.
       (c) Reports.--Section 50111 of title 51, United States 
     Code, is amended by adding at the end the following:
       ``(c) ISS Transition Plan.--
       ``(1) In general.--The Administrator, in coordination with 
     the ISS management entity (as defined in section 2 of the 
     National Aeronautics and Space Administration Transition 
     Authorization Act of 2016), ISS partners, the scientific user 
     community, and the commercial space sector, shall develop a 
     plan to transition in a step-wise approach from the current 
     regime that relies heavily on NASA sponsorship to a regime 
     where NASA could be one of many customers of a low-Earth 
     orbit non-governmental human space flight enterprise.
       ``(2) Reports.--Not later than December 1, 2017, and 
     biennially thereafter until 2023, the Administrator shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Science, 
     Space, and Technology of the House of Representatives a 
     report that includes--
       ``(A) a description of the progress in achieving the 
     Administration's deep space human exploration objectives on 
     ISS and prospects for accomplishing future mission 
     requirements, space exploration objectives, and other 
     research objectives on future commercially supplied low-Earth 
     orbit platforms or migration of those objectives to cis-lunar 
     space;
       ``(B) steps NASA is taking and will take, including 
     demonstrations that could be conducted on the ISS, to 
     stimulate and facilitate commercial demand and supply of 
     products and services in low-Earth orbit;
       ``(C) an identification of barriers preventing the 
     commercialization of low-Earth orbit, including issues 
     relating to policy, regulations, commercial intellectual 
     property, data, and confidentiality, that could inhibit the 
     use of the ISS as a commercial incubator;
       ``(D) the criteria for defining the ISS as a research 
     success;
       ``(E) the criteria used to determine whether the ISS is 
     meeting the objective under section 301(b)(2) of the National 
     Aeronautics and Space Administration Transition Authorization 
     Act of 2016;
       ``(F) an assessment of whether the criteria under 
     subparagraphs (D) and (E) are consistent with the research 
     areas defined in, and recommendations and schedules under, 
     the current National Academies of Sciences, Engineering, and 
     Medicine Decadal Survey on Biological and Physical Sciences 
     in Space;
       ``(G) any necessary contributions that ISS extension would 
     make to enabling execution of the Human Exploration Roadmap 
     under section 432 of the National Aeronautics and Space 
     Administration Transition Authorization Act of 2016;
       ``(H) the cost estimates for operating the ISS to achieve 
     the criteria required under subparagraphs (D) and (E) and the 
     contributions identified under subparagraph (G);
       ``(I) the cost estimates for extending operations of the 
     ISS to 2024, 2028, and 2030;
       ``(J) an evaluation of the feasible and preferred service 
     life of the ISS beyond the period described in section 503 of 
     the National Aeronautics and Space Administration 
     Authorization Act of 2010 (42 U.S.C. 18353), through at least 
     2028, as a unique scientific, commercial, and space 
     exploration-related facility, including--
       ``(i) a general discussion of international partner 
     capabilities and prospects for extending the partnership;
       ``(ii) the cost associated with extending the service life;
       ``(iii) an assessment on the technical limiting factors of 
     the service life of the ISS, including a list of critical 
     components and their expected service life and availability; 
     and
       ``(iv) such other information as may be necessary to fully 
     describe the justification for and feasibility of extending 
     the service life of the ISS, including the potential 
     scientific or technological benefits to the Federal 
     Government, public, or to academic or commercial entities;
       ``(K) an identification of the necessary actions and an 
     estimate of the costs to deorbit the ISS once it has reached 
     the end of its service life;
       ``(L) the impact on deep space exploration capabilities, 
     including a crewed mission to Mars in the 2030s, if the 
     preferred service life of the ISS is extended beyond 2024 and 
     NASA maintains a flat budget profile; and
       ``(M) an evaluation of the functions, roles, and 
     responsibilities for management and operation of the ISS and 
     a determination of--
       ``(i) those functions, roles, and responsibilities the 
     Federal Government should retain during the lifecycle of the 
     ISS;
       ``(ii) those functions, roles, and responsibilities that 
     could be transferred to the commercial space sector;
       ``(iii) the metrics that would indicate the commercial 
     space sector's readiness and ability to assume the functions, 
     roles, and responsibilities described in clause (ii); and
       ``(iv) any necessary changes to any agreements or other 
     documents and the law to enable the activities described in 
     subparagraphs (A) and (B).
       ``(3) Demonstrations.--If additional Government crew, 
     power, and transportation resources are available after 
     meeting the Administration's requirements for ISS activities 
     defined in the Human Exploration Roadmap and related 
     research, demonstrations identified under paragraph (2) may--
       ``(A) test the capabilities needed to meet future mission 
     requirements, space exploration objectives, and other 
     research objectives described in paragraph (2)(A); and
       ``(B) demonstrate or test capabilities, including 
     commercial modules or deep space habitats, Environmental 
     Control and Life Support Systems, orbital satellite assembly, 
     exploration space suits, a node that enables a wide variety 
     of activity, including multiple commercial modules and 
     airlocks, additional docking or berthing ports for commercial 
     crew and cargo, opportunities for the commercial space sector 
     to cost share for transportation and other services on the 
     ISS, other commercial activities, or services obtained 
     through alternate acquisition approaches.''.

     SEC. 304. SPACE COMMUNICATIONS.

       (a) Plan.--The Administrator shall develop a plan, in 
     consultation with relevant Federal agencies, to meet the 
     Administration's projected space communication and navigation 
     needs for low-Earth orbit and deep space operations in the 
     20-year period following the date of enactment of this Act.
       (b) Contents.--The plan shall include--
       (1) the lifecycle cost estimates and a 5-year funding 
     profile;
       (2) the performance capabilities required to meet the 
     Administration's projected space communication and navigation 
     needs;
       (3) the measures the Administration will take to sustain 
     the existing space communications and navigation 
     architecture;
       (4) an identification of the projected space communications 
     and navigation network and infrastructure needs;
       (5) a description of the necessary upgrades to meet the 
     needs identified in paragraph (4), including--
       (A) an estimate of the cost of the upgrades;
       (B) a schedule for implementing the upgrades; and
       (C) an assessment of whether and how any related missions 
     will be impacted if resources are not secured at the level 
     needed;
       (6) the cost estimates for the maintenance of existing 
     space communications network capabilities necessary to meet 
     the needs identified in paragraph (4);
       (7) the criteria for prioritizing resources for the 
     upgrades described in paragraph (5) and the maintenance 
     described in paragraph (6);

[[Page S7063]]

       (8) an estimate of any reimbursement amounts the 
     Administration may receive from other Federal agencies;
       (9) an identification of the projected Tracking and Data 
     Relay Satellite System needs in the 20-year period following 
     the date of enactment of this Act, including in support of 
     relevant Federal agencies, and cost and schedule estimates to 
     maintain and upgrade the Tracking and Data Relay Satellite 
     System to meet the projected needs;
       (10) the measures the Administration is taking to meet 
     space communications needs after all Tracking and Data Relay 
     Satellite System third-generation communications satellites 
     are operational; and
       (11) the measures the Administration is taking to mitigate 
     threats to electromagnetic spectrum use.
       (c) Schedule.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit the 
     plan to the appropriate committees of Congress.

     SEC. 305. INDEMNIFICATION; NASA LAUNCH SERVICES AND REENTRY 
                   SERVICES.

       (a) In General.--Subchapter III of chapter 201 of title 51, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 20148. Indemnification; NASA launch services and 
       reentry services

       ``(a) In General.--Under such regulations in conformity 
     with this section as the Administrator shall prescribe taking 
     into account the availability, cost, and terms of liability 
     insurance, any contract between the Administration and a 
     provider may provide that the United States will indemnify 
     the provider against successful claims (including reasonable 
     expenses of litigation or settlement) by third parties for 
     death, bodily injury, or loss of or damage to property 
     resulting from launch services and reentry services carried 
     out under the contract that the contract defines as unusually 
     hazardous or nuclear in nature, but only to the extent the 
     total amount of successful claims related to the activities 
     under the contract--
       ``(1) is more than the amount of insurance or demonstration 
     of financial responsibility described in subsection (c)(3); 
     and
       ``(2) is not more than the amount specified in section 
     50915(a)(1)(B).
       ``(b) Terms of Indemnification.--A contract made under 
     subsection (a) that provides indemnification shall provide 
     for--
       ``(1) notice to the United States of any claim or suit 
     against the provider for death, bodily injury, or loss of or 
     damage to property; and
       ``(2) control of or assistance in the defense by the United 
     States, at its election, of that claim or suit and approval 
     of any settlement.
       ``(c) Liability Insurance of the Provider.--
       ``(1) In general.--The provider under subsection (a) shall 
     obtain liability insurance or demonstrate financial 
     responsibility in amounts to compensate for the maximum 
     probable loss from claims by--
       ``(A) a third party for death, bodily injury, or property 
     damage or loss resulting from a launch service or reentry 
     service carried out under the contract; and
       ``(B) the United States Government for damage or loss to 
     Government property resulting from a launch service or 
     reentry service carried out under the contract.
       ``(2) Maximum probable losses.--
       ``(A) In general.--The Administrator shall determine the 
     maximum probable losses under subparagraphs (A) and (B) of 
     paragraph (1) not later than 90 days after the date that the 
     provider requests such a determination and submits all 
     information the Administrator requires.
       ``(B) Revisions.--The Administrator may revise a 
     determination under subparagraph (A) of this paragraph if the 
     Administrator determines the revision is warranted based on 
     new information.
       ``(3) Amount of insurance.--For the total claims related to 
     one launch or reentry, a provider shall not be required to 
     obtain insurance or demonstrate financial responsibility of 
     more than--
       ``(A)(i) $500,000,000 under paragraph (1)(A); or
       ``(ii) $100,000,000 under paragraph (1)(B); or
       ``(B) the maximum liability insurance available on the 
     world market at reasonable cost.
       ``(4) Coverage.--An insurance policy or demonstration of 
     financial responsibility under this subsection shall protect 
     the following, to the extent of their potential liability for 
     involvement in launch services or reentry services:
       ``(A) The Government.
       ``(B) Personnel of the Government.
       ``(C) Related entities of the Government.
       ``(D) Related entities of the provider.
       ``(E) Government astronauts.
       ``(d) No Indemnification Without Cross-waiver.--
     Notwithstanding subsection (a), the Administrator may not 
     indemnify a provider under this section unless there is a 
     cross-waiver between the Administration and the provider as 
     described in subsection (e).
       ``(e) Cross-Waivers.--
       ``(1) In general.--The Administrator, on behalf of the 
     United States and its departments, agencies, and 
     instrumentalities, shall reciprocally waive claims with a 
     provider under which each party to the waiver agrees to be 
     responsible, and agrees to ensure that its related entities 
     are responsible, for damage or loss to its property, or for 
     losses resulting from any injury or death sustained by its 
     employees or agents, as a result of activities arising out of 
     the performance of the contract.
       ``(2) Limitation.--The waiver made by the Government under 
     paragraph (1) shall apply only to the extent that the claims 
     are more than the amount of insurance or demonstration of 
     financial responsibility required under subsection (c)(1)(B).
       ``(f) Willful Misconduct.--Indemnification under subsection 
     (a) may exclude claims resulting from the willful misconduct 
     of the provider or its related entities.
       ``(g) Certification of Just and Reasonable Amount.--No 
     payment may be made under subsection (a) unless the 
     Administrator or the Administrator's designee certifies that 
     the amount is just and reasonable.
       ``(h) Payments.--
       ``(1) In general.--Upon the approval by the Administrator, 
     payments under subsection (a) may be made from funds 
     appropriated for such payments.
       ``(2) Limitation.--The Administrator shall not approve 
     payments under paragraph (1), except to the extent provided 
     in an appropriation law or to the extent additional 
     legislative authority is enacted providing for such payments.
       ``(3) Additional appropriations.--If the Administrator 
     requests additional appropriations to make payments under 
     this subsection, then the request for those appropriations 
     shall be made in accordance with the procedures established 
     under section 50915.
       ``(i) Rules of Construction.--
       ``(1) In general.--The authority to indemnify under this 
     section shall not create any rights in third persons that 
     would not otherwise exist by law.
       ``(2) Other authority.--Nothing in this section may be 
     construed as prohibiting the Administrator from indemnifying 
     a provider or any other NASA contractor under other law, 
     including under Public Law 85-804 (50 U.S.C. 1431 et seq.).
       ``(3) Anti-deficiency act.--Notwithstanding any other 
     provision of this section--
       ``(A) all obligations under this section are subject to the 
     availability of funds; and
       ``(B) nothing in this section may be construed to require 
     obligation or payment of funds in violation of sections 1341, 
     1342, 1349 through 1351, and 1511 through 1519 of title 31, 
     United States Code (commonly referred to as the `Anti-
     Deficiency Act').
       ``(j) Relationship to Other Laws.--The Administrator may 
     not provide indemnification under this section for an 
     activity that requires a license or permit under chapter 509.
       ``(k) Definitions.--In this section:
       ``(1) Government astronaut.--The term `government 
     astronaut' has the meaning given the term in section 50902.
       ``(2) Launch services.--The term `launch services' has the 
     meaning given the term in section 50902.
       ``(3) Provider.--The term `provider' means a person that 
     provides domestic launch services or domestic reentry 
     services to the Government.
       ``(4) Reentry services.--The term `reentry services' has 
     the meaning given the term in section 50902.
       ``(5) Related entity.--The term `related entity' means a 
     contractor or subcontractor.
       ``(6) Third party.--The term `third party' means a person 
     except--
       ``(A) the United States Government;
       ``(B) related entities of the Government involved in launch 
     services or reentry services;
       ``(C) a provider;
       ``(D) related entities of the provider involved in launch 
     services or reentry services; or
       ``(E) a government astronaut.''.
       (b) Conforming Amendment.--The table of contents for 
     subchapter III of chapter 201 of title 51, United States 
     Code, is amended by inserting after the item relating to 
     section 20147 the following:

``20148. Indemnification; NASA launch services and reentry services.''.

            TITLE IV--ADVANCING HUMAN DEEP SPACE EXPLORATION

  Subtitle A--Human Space Flight and Exploration Goals and Objectives

     SEC. 411. HUMAN SPACE FLIGHT AND EXPLORATION LONG-TERM GOALS.

       Section 202(a) of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 18312(a)) 
     is amended to read as follows:
       ``(a) Long-term Goals.--The long-term goals of the human 
     space flight and exploration efforts of NASA shall be--
       ``(1) to expand permanent human presence beyond low-Earth 
     orbit and to do so, where practical, in a manner involving 
     international, academic, and industry partners;
       ``(2) crewed missions and progress toward achieving the 
     goal in paragraph (1) to enable the potential for subsequent 
     human exploration and the extension of human presence 
     throughout the solar system; and
       ``(3) to enable a capability to extend human presence, 
     including potential human habitation on another celestial 
     body and a thriving space economy in the 21st Century.''.

     SEC. 412. KEY OBJECTIVES.

       Section 202(b) of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 18312(b)) 
     is amended--
       (1) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) to achieve human exploration of Mars and beyond 
     through the prioritization of

[[Page S7064]]

     those technologies and capabilities best suited for such a 
     mission in accordance with the stepping stone approach to 
     exploration under section 70504 of title 51, United States 
     Code.''.

     SEC. 413. VISION FOR SPACE EXPLORATION.

       Section 20302 of title 51, United States Code, is amended--
       (1) in subsection (a), by inserting ``in cis-lunar space 
     or'' after ``sustained human presence'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Future Exploration of Mars.--The Administrator shall 
     manage human space flight programs, including the Space 
     Launch System and Orion, to enable humans to explore Mars and 
     other destinations by defining a series of sustainable steps 
     and conducting mission planning, research, and technology 
     development on a timetable that is technically and fiscally 
     possible, consistent with section 70504.''; and
       (3) by adding at the end the following:
       ``(c) Definitions.--In this section:
       ``(1) Orion.--The term `Orion' means the multipurpose crew 
     vehicle described under section 303 of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18323).
       ``(2) Space launch system.--The term `Space Launch System' 
     means has the meaning given the term in section 3 of the 
     National Aeronautics and Space Administration Authorization 
     Act of 2010 (42 U.S.C. 18302).''.

     SEC. 414. STEPPING STONE APPROACH TO EXPLORATION.

       Section 70504 of title 51, United States Code, is amended 
     to read as follows:

     ``Sec. 70504. Stepping stone approach to exploration

       ``(a) In General.--The Administration may conduct missions 
     to intermediate destinations, including the surface of the 
     Moon, cis-lunar space, near-Earth asteroids, Lagrangian 
     points, and Martian moons, in a series of sustainable steps 
     in accordance with section 20302(b) of title 51, United 
     States Code, in order to achieve the objective of human 
     exploration of Mars specified in section 202(b)(5) of the 
     National Aeronautics and Space Administration Authorization 
     Act of 2010 (42 U.S.C. 18312(b)(5)).
       ``(b) Cost-effectiveness.--In order to maximize the cost-
     effectiveness of the long-term space exploration and 
     utilization activities of the United States, the 
     Administrator shall take all necessary steps, including 
     engaging international, academic, and industry partners, to 
     ensure that activities in the Administration's human space 
     exploration program balance how those activities might also 
     help meet the requirements of future exploration and 
     utilization activities leading to human habitation on the 
     surface of Mars.
       ``(c) Completion.--Within budgetary considerations, once an 
     exploration-related project enters its development phase, the 
     Administrator shall seek, to the maximum extent practicable, 
     to complete that project without undue delays.
       ``(d) International Participation.--In order to achieve the 
     goal of successfully conducting a crewed mission to the 
     surface of Mars, the President may invite the United States 
     partners in the ISS program and other nations, as 
     appropriate, to participate in an international initiative 
     under the leadership of the United States.''.

     SEC. 415. UPDATE OF EXPLORATION PLAN AND PROGRAMS.

       Section 70502(2) of title 51, United States Code, is 
     amended to read as follows:
       ``(2) implement an exploration research and technology 
     development program to enable human and robotic operations 
     consistent with section 20302(b) of this title;''.

     SEC. 416. REPEALS.

       (a)  Space Shuttle Capability Assurance.--Section 203 of 
     the National Aeronautics and Space Administration 
     Authorization Act of 2010 (42 U.S.C. 18313) is amended--
       (1) by striking subsection (b);
       (2) in subsection (d), by striking ``subsection (c)'' and 
     inserting ``subsection (b)''; and
       (3) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.
       (b) Shuttle Pricing Policy for Commercial and Foreign 
     Users.--Chapter 703 of title 51, United States Code, and the 
     item relating to that chapter in the table of chapters for 
     that title, are repealed.
       (c) Shuttle Privatization.--Section 50133 of title 51, 
     United States Code, and the item relating to that section in 
     the table of sections for chapter 501 of that title, are 
     repealed.

     SEC. 417. ASSURED ACCESS TO SPACE.

       Section 70501 of title 51, United States Code, is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Policy Statement.--In order to ensure continuous 
     United States participation and leadership in the exploration 
     and utilization of space and as an essential instrument of 
     national security, it is the policy of the United States to 
     maintain an uninterrupted capability for human space flight 
     and operations--
       ``(1) in low-Earth orbit; and
       ``(2) beyond low-Earth orbit once the capabilities 
     described in section 421(e) of the National Aeronautics and 
     Space Administration Transition Authorization Act of 2016 
     become available.''; and
       (2) in subsection (b), by striking ``Committee on Science 
     and Technology of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate describing the progress being made toward developing 
     the Crew Exploration Vehicle and the Crew Launch Vehicle'' 
     and inserting ``Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Science, 
     Space, and Technology of the House of Representatives 
     describing the progress being made toward developing the 
     Space Launch System and Orion''.

         Subtitle B--Assuring Core Capabilities for Exploration

     SEC. 421. SPACE LAUNCH SYSTEM, ORION, AND EXPLORATION GROUND 
                   SYSTEMS.

       (a) Findings.--Congress makes the following findings:
       (1) NASA has made steady progress in developing and testing 
     the Space Launch System and Orion exploration systems with 
     the successful Exploration Flight Test of Orion in December 
     of 2014, the final qualification test firing of the 5-segment 
     Space Launch System boosters in June 2016, and a full thrust, 
     full duration test firing of the RS-25 Space Launch System 
     core stage engine in August 2016.
       (2) Through the 21st Century Launch Complex program and 
     Exploration Ground Systems programs, NASA has made 
     significant progress in transforming exploration ground 
     systems infrastructure to meet NASA's mission requirements 
     for the Space Launch System and Orion and to modernize NASA's 
     launch complexes to the benefit of the civil, defense, and 
     commercial space sectors.
       (b) Space Launch System.--
       (1) Sense of congress.--It is the sense of Congress that 
     the Space Launch System is the most practical approach to 
     reaching the Moon, Mars, and beyond.
       (2) Reaffirmation.--Congress reaffirms the policy and 
     minimum capability requirements for the Space Launch System 
     under section 302 of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 18322).
       (c) Sense of Congress on Space Launch System, Orion, and 
     Exploration Ground Systems.--It is the sense of Congress 
     that--
       (1) as the United States works to send humans on a series 
     of missions to Mars in the 2030s, the United States national 
     space program should continue to make progress on its 
     commitment by fully developing the Space Launch System, 
     Orion, and related Exploration Ground Systems;
       (2) using the Space Launch System and Orion for a wide 
     range of contemplated missions will facilitate the national 
     defense, science, and exploration objectives of the United 
     States;
       (3) the United States should have continuity of purpose for 
     the Space Launch System and Orion in deep space exploration 
     missions, using them beginning with the uncrewed mission, EM-
     1, planned for 2018, followed by the crewed mission, EM-2, in 
     cis-lunar space planned for 2021, and for subsequent missions 
     beginning with EM-3 extending into cis-lunar space and 
     eventually to Mars;
       (4) the President's annual budget requests for the Space 
     Launch System and Orion development, test, and operational 
     phases should strive to accurately reflect the resource 
     requirements of each of those phases;
       (5) the fully integrated Space Launch System, including an 
     upper stage needed to go beyond low-Earth orbit, will safely 
     enable human space exploration of the Moon, Mars, and beyond; 
     and
       (6) the Administrator should budget for and undertake a 
     robust ground test and uncrewed and crewed flight test and 
     demonstration program for the Space Launch System and Orion 
     in order to promote safety and reduce programmatic risk.
       (d) In General.--The Administrator shall continue 
     development of the fully integrated Space Launch System, 
     including an upper stage needed to go beyond low-Earth orbit, 
     in order to safely enable human space exploration of the 
     Moon, Mars, and beyond over the course of the next century as 
     required in section 302(c) of the National Aeronautics and 
     Space Administration Authorization Act of 2010 (42 U.S.C. 
     18322(c)).
       (e) Exploration Missions.--The Administrator shall continue 
     development of--
       (1) an uncrewed exploration mission to demonstrate the 
     capability of both the Space Launch System and Orion as an 
     integrated system by 2018;
       (2) subject to applicable human rating processes and 
     requirements, a crewed exploration mission to demonstrate the 
     Space Launch System, including the Core Stage and Exploration 
     Upper Stages, by 2021;
       (3) subsequent missions beginning with EM-3 at operational 
     flight rate sufficient to maintain safety and operational 
     readiness using the Space Launch System and Orion to extend 
     into cis-lunar space and eventually to Mars; and
       (4) a deep space habitat as a key element in a deep space 
     exploration architecture along with the Space Launch System 
     and Orion.
       (f) Other Uses.--The Administrator shall assess the utility 
     of the Space Launch System for use by the science community 
     and for other Federal Government launch needs, including 
     consideration of overall cost and schedule savings from 
     reduced transit times and increased science returns enabled 
     by the unique capabilities of the Space Launch System.
       (g) Utilization Report.--
       (1) In general.--The Administrator, in consultation with 
     the Secretary of Defense

[[Page S7065]]

     and the Director of National Intelligence, shall prepare a 
     report that addresses the effort and budget required to 
     enable and utilize a cargo variant of the 130-ton Space 
     Launch System configuration described in section 302(c) of 
     the National Aeronautics and Space Administration 
     Authorization Act of 2010 (42 U.S.C. 18322(c)).
       (2) Contents.--In preparing the report, the Administrator 
     shall--
       (A) consider the technical requirements of the scientific 
     and national security communities related to a cargo variant 
     of the Space Launch System; and
       (B) directly assess the utility and estimated cost savings 
     obtained by using a cargo variant of the Space Launch System 
     for national security and space science missions.
       (3) Submission to congress.--Not later than 180 days after 
     the date of enactment of this Act, the Administrator shall 
     submit the report to the appropriate committees of Congress.

                      Subtitle C--Journey to Mars

     SEC. 431. FINDINGS ON HUMAN SPACE EXPLORATION.

       Congress makes the following findings:
       (1) In accordance with section 204 of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (124 Stat. 2813), the National Academies of Sciences, 
     Engineering, and Medicine, through its Committee on Human 
     Spaceflight, conducted a review of the goals, core 
     capabilities, and direction of human space flight, and 
     published the findings and recommendations in a 2014 report 
     entitled, ``Pathways to Exploration: Rationales and 
     Approaches for a U.S. Program of Human Space Exploration''.
       (2) The Committee on Human Spaceflight included leaders 
     from the aerospace, scientific, security, and policy 
     communities.
       (3) With input from the public, the Committee on Human 
     Spaceflight concluded that many practical and aspirational 
     rationales for human space flight together constitute a 
     compelling case for continued national investment and pursuit 
     of human space exploration toward the horizon goal of Mars.
       (4) According to the Committee on Human Spaceflight, the 
     rationales include economic benefits, national security, 
     national prestige, inspiring students and other citizens, 
     scientific discovery, human survival, and a sense of shared 
     destiny.
       (5) The Committee on Human Spaceflight affirmed that Mars 
     is the appropriate long-term goal for the human space flight 
     program.
       (6) The Committee on Human Spaceflight recommended that 
     NASA define a series of sustainable steps and conduct mission 
     planning and technology development as needed to achieve the 
     long-term goal of placing humans on the surface of Mars.
       (7) Expanding human presence beyond low-Earth orbit and 
     advancing toward human missions to Mars requires early 
     planning and timely decisions to be made in the near-term on 
     the necessary courses of action for commitments to achieve 
     short-term and long-term goals and objectives.
       (8) In addition to the 2014 report described in paragraph 
     (1), there are several independently developed reports or 
     concepts that describe potential Mars architectures or 
     concepts and identify Mars as the long-term goal for human 
     space exploration, including NASA's ``The Global Exploration 
     Roadmap'' of 2013, ``NASA's Journey to Mars-Pioneering Next 
     Steps in Space Exploration'' of 2015, NASA Jet Propulsion 
     Laboratory's ``Minimal Architecture for Human Journeys to 
     Mars'' of 2015, and Explore Mars' ``The Humans to Mars Report 
     2016''.

     SEC. 432. HUMAN EXPLORATION ROADMAP.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) expanding human presence beyond low-Earth orbit and 
     advancing toward human missions to Mars in the 2030s requires 
     early strategic planning and timely decisions to be made in 
     the near-term on the necessary courses of action for 
     commitments to achieve short-term and long-term goals and 
     objectives;
       (2) for strong and sustained United States leadership, a 
     need exists to advance a human exploration roadmap, 
     addressing exploration objectives in collaboration with 
     international, academic, and industry partners;
       (3) an approach that incrementally advances toward a long-
     term goal is one in which nearer-term developments and 
     implementation would influence future development and 
     implementation; and
       (4) a human exploration roadmap should begin with low-Earth 
     orbit, then address in greater detail progress beyond low-
     Earth orbit to cis-lunar space, and then address future 
     missions aimed at human arrival and activities near and then 
     on the surface of Mars.
       (b) Human Exploration Roadmap.--
       (1) In general.--The Administrator shall develop a human 
     exploration roadmap, including a critical decision plan, to 
     expand human presence beyond low-Earth orbit to the surface 
     of Mars and beyond, considering potential interim 
     destinations such as cis-lunar space and the moons of Mars.
       (2) Scope.--The human exploration roadmap shall include--
       (A) an integrated set of exploration, science, and other 
     goals and objectives of a United States human space 
     exploration program to achieve the long-term goal of human 
     missions near or on the surface of Mars in the 2030s;
       (B) opportunities for international, academic, and industry 
     partnerships for exploration-related systems, services, 
     research, and technology if those opportunities provide cost-
     savings, accelerate program schedules, or otherwise benefit 
     the goals and objectives developed under subparagraph (A);
       (C) sets and sequences of precursor missions in cis-lunar 
     space and other missions or activities necessary--
       (i) to demonstrate the proficiency of the capabilities and 
     technologies identified under subparagraph (D); and
       (ii) to meet the goals and objectives developed under 
     subparagraph (A), including anticipated timelines and 
     missions for the Space Launch System and Orion;
       (D) an identification of the specific capabilities and 
     technologies, including the Space Launch System, Orion, a 
     deep space habitat, and other capabilities, that facilitate 
     the goals and objectives developed under subparagraph (A);
       (E) a description of how cis-lunar elements, objectives, 
     and activities advance the human exploration of Mars;
       (F) an assessment of potential human health and other 
     risks, including radiation exposure;
       (G) mitigation plans, whenever possible, to address the 
     risks identified in subparagraph (F);
       (H) a description of those technologies already under 
     development across the Federal Government or by other 
     entities that facilitate the goals and objectives developed 
     under subparagraph (A);
       (I) a specific process for the evolution of the 
     capabilities of the fully integrated Orion with the Space 
     Launch System and a description of how these systems 
     facilitate the goals and objectives developed under 
     subparagraph (A) and demonstrate the capabilities and 
     technologies described in subparagraph (D);
       (J) a description of the capabilities and technologies that 
     need to be demonstrated or research data that could be gained 
     through the utilization of the ISS and the status of the 
     development of such capabilities and technologies;
       (K) a framework for international cooperation in the 
     development of all capabilities and technologies identified 
     under this section, including an assessment of the risks 
     posed by relying on international partners for capabilities 
     and technologies on the critical path of development;
       (L) a process for partnering with nongovernmental entities 
     using Space Act Agreements or other acquisition instruments 
     for future human space exploration; and
       (M) include information on the phasing of planned 
     intermediate destinations, Mars mission risk areas and 
     potential risk mitigation approaches, technology requirements 
     and phasing of required technology development activities, 
     the management strategy to be followed, related ISS 
     activities, planned international collaborative activities, 
     potential commercial contributions, and other activities 
     relevant to the achievement of the goal established in this 
     section.
       (3) Considerations.--In developing the human exploration 
     roadmap, the Administrator shall consider--
       (A) using key exploration capabilities, namely the Space 
     Launch System and Orion;
       (B) using existing commercially available technologies and 
     capabilities or those technologies and capabilities being 
     developed by industry for commercial purposes;
       (C) establishing an organizational approach to ensure 
     collaboration and coordination among NASA's Mission 
     Directorates under section 821, when appropriate, including 
     to collect and return to Earth a sample from the Martian 
     surface;
       (D) building upon the initial uncrewed mission, EM-1, and 
     first crewed mission, EM-2, of the Space Launch System and 
     Orion to establish a sustainable cadence of missions 
     extending human exploration missions into cis-lunar space, 
     including anticipated timelines and milestones;
       (E) developing the robotic and precursor missions and 
     activities that will demonstrate, test, and develop key 
     technologies and capabilities essential for achieving human 
     missions to Mars, including long-duration human operations 
     beyond low-Earth orbit, space suits, solar electric 
     propulsion, deep space habitats, environmental control life 
     support systems, Mars lander and ascent vehicle, entry, 
     descent, landing, ascent, Mars surface systems, and in-situ 
     resource utilization;
       (F) demonstrating and testing 1 or more habitat modules in 
     cis-lunar space to prepare for Mars missions;
       (G) using public-private, firm fixed-price partnerships, 
     where practicable;
       (H) collaborating with international, academic, and 
     industry partners, when appropriate;
       (I) any risks to human health and sensitive onboard 
     technologies, including radiation exposure;
       (J) any risks identified through research outcomes under 
     the NASA Human Research Program's Behavioral Health Element; 
     and
       (K) the recommendations and ideas of several independently 
     developed reports or concepts that describe potential Mars 
     architectures or concepts and identify Mars as the long-term 
     goal for human space exploration, including the reports 
     described under section 431.
       (4) Critical decision plan on human space exploration.--As 
     part of the human exploration roadmap, the Administrator 
     shall include a critical decision plan--
       (A) identifying and defining key decisions guiding human 
     space exploration priorities and plans that need to be made 
     before June

[[Page S7066]]

     30, 2020, including decisions that may guide human space 
     exploration capability development, precursor missions, long-
     term missions, and activities;
       (B) defining decisions needed to maximize efficiencies and 
     resources for reaching the near, intermediate, and long-term 
     goals and objectives of human space exploration; and
       (C) identifying and defining timelines and milestones for a 
     sustainable cadence of missions beginning with EM-3 for the 
     Space Launch System and Orion to extend human exploration 
     from cis-lunar space to the surface of Mars.
       (5) Reports.--
       (A) Initial human exploration roadmap.--The Administrator 
     shall submit to the appropriate committees of Congress--
       (i) an initial human exploration roadmap, including a 
     critical decision plan, before December 1, 2017; and
       (ii) an updated human exploration roadmap periodically as 
     the Administrator considers necessary but not less than 
     biennially.
       (B) Contents.--Each human exploration roadmap under this 
     paragraph shall include a description of--
       (i) the achievements and goals accomplished in the process 
     of developing such capabilities and technologies during the 
     2-year period prior to the submission of the human 
     exploration roadmap; and
       (ii) the expected goals and achievements in the following 
     2- year period.
       (C) Submission with budget.--Each human exploration roadmap 
     under this section shall be included in the budget for that 
     fiscal year transmitted to Congress under section 1105(a) of 
     title 31, United States Code.

     SEC. 433. ADVANCED SPACE SUIT CAPABILITY.

       Not later than 90 days after the date of enactment of this 
     Act, the Administrator shall submit to the appropriate 
     committees of Congress a detailed plan for achieving an 
     advanced space suit capability that aligns with the crew 
     needs for exploration enabled by the Space Launch System and 
     Orion, including an evaluation of the merit of delivering the 
     planned suit system for use on the ISS.

     SEC. 434. ASTEROID ROBOTIC REDIRECT MISSION.

       (a) Findings.--Congress makes the following findings:
       (1) NASA initially estimated that the Asteroid Robotic 
     Redirect Mission would launch in December 2020 and cost no 
     more than $1,250,000,000, excluding launch and operations.
       (2) On July 15, 2016, NASA conducted its Key Decision 
     Point-B review of the Asteroid Robotic Redirect Mission or 
     approval for Phase B in mission formulation.
       (3) During the Key Decision Point-B review, NASA estimated 
     that costs have grown to $1,400,000,000 excluding launch and 
     operations for a launch in December 2021 and the agency must 
     evaluate whether to accept the increase or reduce the 
     Asteroid Robotic Redirect Mission's scope to stay within the 
     cost cap set by the Administrator.
       (4) In April 2015, the NASA Advisory Council--
       (A) issued a finding that--
       (i) high-performance solar electric propulsion will likely 
     be an important part of an architecture to send humans to 
     Mars; and
       (ii) maneuvering a large test mass is not necessary to 
     provide a valid in-space test of a new solar electric 
     propulsion stage;
       (B) determined that a solar electric propulsion mission 
     will contribute more directly to the goal of sending humans 
     to Mars if the mission is focused entirely on development and 
     validation of the solar electric propulsion stage; and
       (C) determined that other possible motivations for 
     acquiring and maneuvering a boulder, such as asteroid science 
     and planetary defense, do not have value commensurate with 
     their probable cost.
       (5) The Asteroid Robotic Redirect Mission is competing for 
     resources with other critical exploration development 
     programs, including the Space Launch System, Orion, 
     commercial crew, and a habitation module.
       (6) In 2014, the NASA Advisory Council recommended that 
     NASA conduct an independent cost and technical assessment of 
     the Asteroid Robotic Redirect Mission.
       (7) In 2015, the NASA Advisory Council recommended that 
     NASA preserve the following key objectives if the program 
     needed to be descoped:
       (A) Development of high power solar electric propulsion.
       (B) Ability to maneuver in a low gravity environment in 
     deep space.
       (8) In January 2015 and July 2015, the NASA Advisory 
     Council expressed its concern to NASA about the potential for 
     growing costs for the program and highlighted that choices 
     would need to be made about the program's content.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the technological and scientific goals of the Asteroid 
     Robotic Redirect Mission may not be commensurate with the 
     cost; and
       (2) alternative missions may provide a more cost effective 
     and scientifically beneficial means to demonstrate the 
     technologies needed for a human mission to Mars that would 
     otherwise be demonstrated by the Asteroid Robotic Redirect 
     Mission.
       (c) Evaluation and Report.--Not later than 180 days after 
     the date of enactment of this Act, the Administrator shall--
       (1) conduct an evaluation of--
       (A) alternative approaches to the Asteroid Robotic Redirect 
     Mission for demonstrating the technologies and capabilities 
     needed for a human mission to Mars that would otherwise be 
     demonstrated by the Asteroid Robotic Redirect Mission;
       (B) the scientific and technical benefits of the 
     alternative approaches under subparagraph (A) to future human 
     space exploration compared to scientific and technical 
     benefits of the Asteroid Redirect Robotic Mission;
       (C) the commercial benefits of the alternative approaches 
     identified in subparagraph (A), including the impact on the 
     development of domestic solar electric propulsion technology 
     to bolster United States competitiveness in the global 
     marketplace; and
       (D) a comparison of the estimated costs of the alternative 
     approaches identified in subparagraph (A); and
       (2) submit to the appropriate committees of Congress a 
     report on the evaluation under paragraph (1), including any 
     recommendations.

     SEC. 435. MARS 2033 REPORT.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator shall contract with 
     an independent, non-governmental systems engineering and 
     technical assistance organization to study a Mars human space 
     flight mission to be launched in 2033.
       (b) Contents.--The study shall include--
       (1) a technical development, test, fielding, and operations 
     plan using the Space Launch System, Orion, and other systems 
     to successfully launch such a Mars human space flight mission 
     by 2033;
       (2) an annual budget profile, including cost estimates, for 
     the technical development, test, fielding, and operations 
     plan to carry out a Mars human space flight mission by 2033; 
     and
       (3) a comparison of the annual budget profile to the 5-year 
     budget profile contained in the President's budget request 
     for fiscal year 2017 under section 1105 of title 31, United 
     States Code.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the study, 
     including findings and recommendations regarding the Mars 
     2033 human space flight mission described in subsection (a).
       (d) Assessment.--Not later than 60 days after the date the 
     report is submitted under subsection (c), the Administrator 
     shall submit to the appropriate committees of Congress an 
     assessment by the NASA Advisory Council of whether the 
     proposal for a Mars human space flight mission to be launched 
     in 2033 is in the strategic interests of the United States in 
     space exploration.

                    Subtitle D--TREAT Astronauts Act

     SEC. 441. SHORT TITLE.

       This subtitle may be cited as the ``To Research, Evaluate, 
     Assess, and Treat Astronauts Act'' or the ``TREAT Astronauts 
     Act''.

     SEC. 442. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) Human space exploration can pose significant challenges 
     and is full of substantial risk, which has ultimately claimed 
     the lives of 24 National Aeronautics and Space Administration 
     astronauts serving in the line of duty.
       (2) As United States government astronauts participate in 
     long-duration and exploration space flight missions they may 
     experience increased health risks, such as vision impairment, 
     bone demineralization, and behavioral health and performance 
     risks, and may be exposed to galactic cosmic radiation. 
     Exposure to high levels of radiation and microgravity can 
     result in acute and long-term health consequences that can 
     increase the risk of cancer and tissue degeneration and have 
     potential effects on the musculoskeletal system, central 
     nervous system, cardiovascular system, immune function, and 
     vision.
       (3) To advance the goal of long-duration and exploration 
     space flight missions, United States government astronaut 
     Scott Kelly participated in a 1-year twins study in space 
     while his identical twin brother, former United States 
     government astronaut Mark Kelly, acted as a human control 
     specimen on Earth, providing an understanding of the 
     physical, behavioral, microbiological, and molecular reaction 
     of the human body to an extended period of time in space.
       (4) Since the Administration currently provides medical 
     monitoring, diagnosis, and treatment for United States 
     government astronauts during their active employment, given 
     the unknown long-term health consequences of long-duration 
     space exploration, the Administration has requested statutory 
     authority from Congress to provide medical monitoring, 
     diagnosis, and treatment to former United States government 
     astronauts for psychological and medical conditions 
     associated with human space flight.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should continue to seek the unknown 
     and lead the world in space exploration and scientific 
     discovery as the Administration prepares for long-duration 
     and exploration space flight in deep space and an eventual 
     mission to Mars;
       (2) data relating to the health of astronauts will become 
     increasingly valuable to improving our understanding of many 
     diseases humans face on Earth;
       (3) the Administration should provide the type of 
     monitoring, diagnosis, and treatment described in subsection 
     (a) only for conditions the Administration considers unique 
     to

[[Page S7067]]

     the training or exposure to the space flight environment of 
     United States government astronauts and should not require 
     any former United States Government astronauts to participate 
     in the Administration's monitoring;
       (4) such monitoring, diagnosis, and treatment should not 
     replace a former United States government astronaut's private 
     health insurance;
       (5) expanded data acquired from such monitoring, diagnosis, 
     and treatment should be used to tailor treatment, inform the 
     requirements for new space flight medical hardware, and 
     develop controls in order to prevent disease occurrence in 
     the astronaut corps; and
       (6) the 340-day space mission of Scott Kelly aboard the 
     ISS--
       (A) was pivotal for the goal of the United States for 
     humans to explore deep space and Mars as the mission 
     generated new insight into how the human body adjusts to 
     weightlessness, isolation, radiation, and the stress of long-
     duration space flight; and
       (B) will help support the physical and mental well-being of 
     astronauts during longer space exploration missions in the 
     future.

     SEC. 443. MEDICAL MONITORING AND RESEARCH RELATING TO HUMAN 
                   SPACE FLIGHT.

       (a) In General.--Subchapter III of chapter 201 of title 51, 
     United States Code, as amended by section 305 of this Act, is 
     further amended by adding at the end the following:

     ``Sec. 20149. Medical monitoring and research relating to 
       human space flight

       ``(a) In General.--Notwithstanding any other provision of 
     law, the Administrator may provide for--
       ``(1) the medical monitoring and diagnosis of a former 
     United States government astronaut or a former payload 
     specialist for conditions that the Administrator considers 
     potentially associated with human space flight; and
       ``(2) the treatment of a former United States government 
     astronaut or a former payload specialist for conditions that 
     the Administrator considers associated with human space 
     flight, including scientific and medical tests for 
     psychological and medical conditions.
       ``(b) Requirements.--
       ``(1) No cost sharing.--The medical monitoring, diagnosis, 
     or treatment described in subsection (a) shall be provided 
     without any deductible, copayment, or other cost sharing 
     obligation.
       ``(2) Access to local services.--The medical monitoring, 
     diagnosis, and treatment described in subsection (a) may be 
     provided by a local health care provider if it is unadvisable 
     due to the health of the applicable former United States 
     government astronaut or former payload specialist for that 
     former United States government astronaut or former payload 
     specialist to travel to the Lyndon B. Johnson Space Center, 
     as determined by the Administrator.
       ``(3) Secondary payment.--Payment or reimbursement for the 
     medical monitoring, diagnosis, or treatment described in 
     subsection (a) shall be secondary to any obligation of the 
     United States Government or any third party under any other 
     provision of law or contractual agreement to pay for or 
     provide such medical monitoring, diagnosis, or treatment. Any 
     costs for items and services that may be provided by the 
     Administrator for medical monitoring, diagnosis, or treatment 
     under subsection (a) that are not paid for or provided under 
     such other provision of law or contractual agreement, due to 
     the application of deductibles, copayments, coinsurance, 
     other cost sharing, or otherwise, are reimbursable by the 
     Administrator on behalf of the former United States 
     government astronaut or former payload specialist involved to 
     the extent such items or services are authorized to be 
     provided by the Administrator for such medical monitoring, 
     diagnosis, or treatment under subsection (a).
       ``(4) Conditional payment.--The Administrator may provide 
     for conditional payments for or provide medical monitoring, 
     diagnosis, or treatment described in subsection (a) that is 
     obligated to be paid for or provided by the United States or 
     any third party under any other provision of law or 
     contractual agreement to pay for or provide such medical 
     monitoring, diagnosis, or treatment if--
       ``(A) payment for (or the provision of) such medical 
     monitoring, diagnosis, or treatment services has not been 
     made (or provided) or cannot reasonably be expected to be 
     made (or provided) promptly by the United States or such 
     third party, respectively; and
       ``(B) such payment (or such provision of services) by the 
     Administrator is conditioned on reimbursement by the United 
     States or such third party, respectively, for such medical 
     monitoring, diagnosis, or treatment.
       ``(c) Exclusions.--The Administrator may not--
       ``(1) provide for medical monitoring or diagnosis of a 
     former United States government astronaut or former payload 
     specialist under subsection (a) for any psychological or 
     medical condition that is not potentially associated with 
     human space flight;
       ``(2) provide for treatment of a former United States 
     government astronaut or former payload specialist under 
     subsection (a) for any psychological or medical condition 
     that is not associated with human space flight; or
       ``(3) require a former United States government astronaut 
     or former payload specialist to participate in the medical 
     monitoring, diagnosis, or treatment authorized under 
     subsection (a).
       ``(d) Privacy.--Consistent with applicable provisions of 
     Federal law relating to privacy, the Administrator shall 
     protect the privacy of all medical records generated under 
     subsection (a) and accessible to the Administration.
       ``(e) Regulations.--The Administrator shall promulgate such 
     regulations as are necessary to carry out this section.
       ``(f) Definition of United States Government Astronaut.--In 
     this section, the term `United States government astronaut' 
     has the meaning given the term `government astronaut' in 
     section 50902, except it does not include an individual who 
     is an international partner astronaut.
       ``(g) Data Use and Disclosure.--The Administrator may use 
     or disclose data acquired in the course of medical 
     monitoring, diagnosis, or treatment of a former United States 
     government astronaut or a former payload specialist under 
     subsection (a), in accordance with subsection (d). Former 
     United States government astronaut or former payload 
     specialist participation in medical monitoring, diagnosis, or 
     treatment under subsection (a) shall constitute consent for 
     the Administrator to use or disclose such data.''.
       (b) Table of Contents.--The table of contents for chapter 
     201 of title 51, United States Code, as amended by section 
     305 of this Act, is further amended by inserting after the 
     item relating to section 20148 the following:

``20149. Medical monitoring and research relating to human space 
              flight.''.
       (c) Annual Reports.--
       (1) In general.--Each fiscal year, not later than the date 
     of submission of the President's annual budget request for 
     that fiscal year under section 1105 of title 31, United 
     States Code, the Administrator shall publish a report, in 
     accordance with applicable Federal privacy laws, on the 
     activities of the Administration under section 20149 of title 
     51, United States Code.
       (2) Contents.--Each report under paragraph (1) shall 
     include a detailed cost accounting of the Administration's 
     activities under section 20149 of title 51, United States 
     Code, and a 5-year budget estimate.
       (3) Submission to congress.--The Administrator shall submit 
     to the appropriate committees of Congress each report under 
     paragraph (1) not later than the date of submission of the 
     President's annual budget request for that fiscal year under 
     section 1105 of title 31, United States Code.
       (d) Cost Estimate.--
       (1) Requirement.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall enter into an 
     arrangement with an independent external organization to 
     undertake an independent cost estimate of the cost to the 
     Administration and the Federal Government to implement and 
     administer the activities of the Administration under section 
     20149 of title 51, United States Code. The independent 
     external organization may not be a NASA entity, such as the 
     Office of Safety and Mission Assurance.
       (2) Submittal to congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Administrator shall 
     submit to the appropriate committees of Congress the 
     independent cost estimate under paragraph (1).
       (e) Privacy Study.--
       (1) Study.--The Administrator shall carry out a study on 
     any potential privacy or legal issues related to the possible 
     sharing beyond the Federal Government of data acquired under 
     the activities of the Administration under section 20149 of 
     title 51, United States Code.
       (2) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report containing the 
     results of the study carried out under paragraph (1).
       (f) Inspector General Audit.--The Inspector General of NASA 
     shall periodically audit or review, as the Inspector General 
     considers necessary to prevent waste, fraud, and abuse, the 
     activities of the Administration under section 20149 of title 
     51, United States Code.

                    TITLE V--ADVANCING SPACE SCIENCE

     SEC. 501. MAINTAINING A BALANCED SPACE SCIENCE PORTFOLIO.

       (a) Sense of Congress on Science Portfolio.--Congress 
     reaffirms the sense of Congress that--
       (1) a balanced and adequately funded set of activities, 
     consisting of research and analysis grant programs, 
     technology development, suborbital research activities, and 
     small, medium, and large space missions, contributes to a 
     robust and productive science program and serves as a 
     catalyst for innovation and discovery; and
       (2) the Administrator should set science priorities by 
     following the guidance provided by the scientific community 
     through the National Academies of Sciences, Engineering, and 
     Medicine's decadal surveys.
       (b) Policy.--It is the policy of the United States to 
     ensure, to the extent practicable, a steady cadence of large, 
     medium, and small science missions.

     SEC. 502. PLANETARY SCIENCE.

       (a) Findings.--Congress finds that--
       (1) Administration support for planetary science is 
     critical to enabling greater understanding of the solar 
     system and the origin of the Earth;

[[Page S7068]]

       (2) the United States leads the world in planetary science 
     and can augment its success in that area with appropriate 
     international, academic, and industry partnerships;
       (3) a mix of small, medium, and large planetary science 
     missions is required to sustain a steady cadence of planetary 
     exploration; and
       (4) robotic planetary exploration is a key component of 
     preparing for future human exploration.
       (b) Mission Priorities.--
       (1) In general.--In accordance with the priorities 
     established in the most recent Planetary Science Decadal 
     Survey, the Administrator shall ensure, to the greatest 
     extent practicable, the completion of a balanced set of 
     Discovery, New Frontiers, and Flagship missions at the 
     cadence recommended by the most recent Planetary Science 
     Decadal Survey.
       (2) Mission priority adjustments.--Consistent with the set 
     of missions described in paragraph (1), and while maintaining 
     the continuity of scientific data and steady development of 
     capabilities and technologies, the Administrator may seek, if 
     necessary, adjustments to mission priorities, schedule, and 
     scope in light of changing budget projections.

     SEC. 503. JAMES WEBB SPACE TELESCOPE.

       It is the sense of Congress that--
       (1) the James Webb Space Telescope will--
       (A) significantly advance our understanding of star and 
     planet formation, and improve our knowledge of the early 
     universe; and
       (B) support United States leadership in astrophysics;
       (2) consistent with annual Government Accountability Office 
     reviews of the James Webb Space Telescope program, the 
     Administrator should continue robust surveillance of the 
     performance of the James Webb Space Telescope project and 
     continue to improve the reliability of cost estimates and 
     contractor performance data and other major space flight 
     projects in order to enhance NASA's ability to successfully 
     deliver the James Webb Space Telescope on-time and within 
     budget;
       (3) the on-time and on-budget delivery of the James Webb 
     Space Telescope is a high congressional priority; and
       (4) the Administrator should ensure that integrated testing 
     is appropriately timed and sufficiently comprehensive to 
     enable potential issues to be identified and addressed early 
     enough to be handled within the James Webb Space Telescope's 
     development schedule and prior to its launch.

     SEC. 504. WIDE-FIELD INFRARED SURVEY TELESCOPE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Wide-Field Infrared Survey Telescope (referred to 
     in this section as ``WFIRST'') mission has the potential to 
     enable scientific discoveries that will transform our 
     understanding of the universe; and
       (2) the Administrator, to the extent practicable, should 
     make progress on the technologies and capabilities needed to 
     position the Administration to meet the objectives, as 
     outlined in the 2010 National Academies' Astronomy and 
     Astrophysics Decadal Survey, in a way that maximizes the 
     scientific productivity of meeting those objectives for the 
     resources invested.
       (b) Continuity of Development.--The Administrator shall 
     ensure that the concept definition and pre-formulation 
     activities of the WFIRST mission continue while the James 
     Webb Space Telescope is being completed.

     SEC. 505. MARS 2020 ROVER.

       It is the sense of Congress that--
       (1) the Mars 2020 mission, to develop a Mars rover and to 
     enable the return of samples to Earth, should remain a 
     priority for NASA; and
       (2) the Mars 2020 mission--
       (A) should significantly increase our understanding of 
     Mars;
       (B) should help determine whether life previously existed 
     on that planet; and
       (C) should provide opportunities to gather knowledge and 
     demonstrate technologies that address the challenges of 
     future human expeditions to Mars.

     SEC. 506. EUROPA.

       (a) Findings.--Congress makes the following findings:
       (1) Studies of Europa, Jupiter's moon, indicate that Europa 
     may provide a habitable environment, as it contains key 
     ingredients known to support life.
       (2) In 2012, using the Hubble Space Telescope, NASA 
     scientists observed water vapor around the south polar region 
     of Europa, which provides potential evidence of water plumes 
     in that region.
       (3) For decades, the Europa mission has consistently ranked 
     as a high priority mission for the scientific community.
       (4) The Europa mission was ranked as the top priority 
     mission in the previous Planetary Science Decadal Survey and 
     ranked as the second-highest priority in the current 
     Planetary Science Decadal Survey.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Europa mission could provide another avenue in 
     which to capitalize on our Nation's current investment in the 
     Space Launch System that would significantly reduce the 
     transit time for such a deep space mission; and
       (2) a scientific, robotic exploration mission to Europa, as 
     prioritized in both Planetary Science Decadal Surveys, should 
     be supported.

     SEC. 507. CONGRESSIONAL DECLARATION OF POLICY AND PURPOSE.

       Section 20102(d) of title 51, United States Code, is 
     amended by adding at the end the following:
       ``(10) The search for life's origin, evolution, 
     distribution, and future in the universe.''.

     SEC. 508. EXTRASOLAR PLANET EXPLORATION STRATEGY.

       (a) Strategy.--
       (1) In general.--The Administrator shall enter into an 
     arrangement with the National Academies to develop a science 
     strategy for the study and exploration of extrasolar planets, 
     including the use of the Transiting Exoplanet Survey 
     Satellite, the James Webb Space Telescope, a potential Wide-
     Field Infrared Survey Telescope mission, or any other 
     telescope, spacecraft, or instrument, as appropriate.
       (2) Requirements.--The strategy shall--
       (A) outline key scientific questions;
       (B) identify the most promising research in the field;
       (C) indicate the extent to which the mission priorities in 
     existing decadal surveys address the key extrasolar planet 
     research and exploration goals;
       (D) identify opportunities for coordination with 
     international partners, commercial partners, and not-for-
     profit partners; and
       (E) make recommendations regarding the activities under 
     subparagraphs (A) through (D), as appropriate.
       (b) Use of Strategy.--The Administrator shall use the 
     strategy--
       (1) to inform roadmaps, strategic plans, and other 
     activities of the Administration as they relate to extrasolar 
     planet research and exploration; and
       (2) to provide a foundation for future activities and 
     initiatives related to extrasolar planet research and 
     exploration.
       (c) Report to Congress.--Not later than 18 months after the 
     date of enactment of this Act, the National Academies shall 
     submit to the Administrator and to the appropriate committees 
     of Congress a report containing the strategy developed under 
     subsection (a).

     SEC. 509. ASTROBIOLOGY STRATEGY.

       (a) Strategy.--
       (1) In general.--The Administrator shall enter into an 
     arrangement with the National Academies to develop a science 
     strategy for astrobiology that would outline key scientific 
     questions, identify the most promising research in the field, 
     and indicate the extent to which the mission priorities in 
     existing decadal surveys address the search for life's 
     origin, evolution, distribution, and future in the Universe.
       (2) Recommendations.--The strategy shall include 
     recommendations for coordination with international partners.
       (b) Use of Strategy.--The Administrator shall use the 
     strategy developed under subsection (a) in planning and 
     funding research and other activities and initiatives in the 
     field of astrobiology.
       (c) Report to Congress.--Not later than 18 months after the 
     date of enactment of this Act, the National Academies shall 
     submit to the Administrator and to the appropriate committees 
     of Congress a report containing the strategy developed under 
     subsection (a).

     SEC. 510. ASTROBIOLOGY PUBLIC-PRIVATE PARTNERSHIPS.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator shall submit to the appropriate 
     committees of Congress a report describing how the 
     Administration can expand collaborative partnerships to study 
     life's origin, evolution, distribution, and future in the 
     universe.

     SEC. 511. NEAR-EARTH OBJECTS.

       Section 321 of the National Aeronautics and Space 
     Administration Authorization Act of 2005 (51 U.S.C. note 
     prec. 71101) is amended by adding at the end the following:
       ``(e) Program Report.--The Director of the Office of 
     Science and Technology Policy and the Administrator shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Science, 
     Space, and Technology of the House of Representatives, not 
     later than 1 year after the date of enactment of the National 
     Aeronautics and Space Administration Transition Authorization 
     Act of 2016, an initial report that provides--
       ``(1) recommendations for carrying out the Survey program 
     and an associated proposed budget;
       ``(2) an analysis of possible options that the 
     Administration could employ to divert an object on a likely 
     collision course with Earth; and
       ``(3) a description of the status of efforts to coordinate 
     and cooperate with other countries to discover hazardous 
     asteroids and comets, plan a mitigation strategy, and 
     implement that strategy in the event of the discovery of an 
     object on a likely collision course with Earth.
       ``(f) Annual Reports.--After the initial report under 
     subsection (e), the Administrator shall annually transmit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives a report that includes--
       ``(1) a summary of all activities carried out under 
     subsection (d) since the date of enactment of the National 
     Aeronautics and Space Administration Transition Authorization 
     Act of 2016, including the progress toward achieving 90 
     percent completion of the survey described in subsection (d); 
     and
       ``(2) a summary of expenditures for all activities carried 
     out under subsection (d)

[[Page S7069]]

     since the date of enactment of the National Aeronautics and 
     Space Administration Transition Authorization Act of 2016.
       ``(g) Assessment.--The Administrator, in collaboration with 
     other relevant Federal agencies, shall carry out a technical 
     and scientific assessment of the capabilities and resources--
       ``(1) to accelerate the survey described in subsection (d); 
     and
       ``(2) to expand the Administration's Near-Earth Object 
     Program to include the detection, tracking, cataloguing, and 
     characterization of potentially hazardous near-Earth objects 
     less than 140 meters in diameter.
       ``(h) Transmittal.--Not later than 270 days after the date 
     of enactment of the National Aeronautics and Space 
     Administration Transition Authorization Act of 2016, the 
     Administrator shall transmit the results of the assessment 
     under subsection (g) to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives.''.

     SEC. 512. NEAR-EARTH OBJECTS PUBLIC-PRIVATE PARTNERSHIPS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Administration should seek to leverage the capabilities 
     of the private sector and philanthropic organizations to the 
     maximum extent practicable in carrying out the Near-Earth 
     Object Survey Program in order to meet the goal of that 
     program under section 321(d)(1) of the National Aeronautics 
     and Space Administration Authorization Act of 2005 (51 U.S.C. 
     note prec. 71101(d)(1)).
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report describing how 
     the Administration can expand collaborative partnerships to 
     detect, track, catalogue, and categorize near-Earth objects.

     SEC. 513. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.

       Section 30504 of title 51, United States Code, is amended 
     to read as follows:

     ``Sec. 30504. Assessment of science mission extensions

       ``(a) Assessments.--
       ``(1) In general.--The Administrator shall carry out 
     triennial reviews within each of the Science divisions to 
     assess the cost and benefits of extending the date of the 
     termination of data collection for those missions that exceed 
     their planned missions' lifetime.
       ``(2) Considerations.--In conducting an assessment under 
     paragraph (1), the Administrator shall consider whether and 
     how extending missions impacts the start of future missions.
       ``(b) Consultation and Consideration of Potential Benefits 
     of Instruments on Missions.--When deciding whether to extend 
     a mission that has an operational component, the 
     Administrator shall--
       ``(1) consult with any affected Federal agency; and
       ``(2) take into account the potential benefits of 
     instruments on missions that are beyond their planned mission 
     lifetime.
       ``(c) Reports.--The Administrator shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives, at the same time as the 
     submission to Congress of the Administration's annual budget 
     request for each fiscal year, a report detailing any 
     assessment under subsection (a) that was carried out during 
     the previous year.''.

     SEC. 514. STRATOSPHERIC OBSERVATORY FOR INFRARED ASTRONOMY.

       The Administrator may not terminate science operations of 
     the Stratospheric Observatory for Infrared Astronomy before 
     December 31, 2017.

     SEC. 515. RADIOISOTOPE POWER SYSTEMS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) exploration of the outer reaches of the solar system is 
     enabled by radioisotope power systems;
       (2) establishing continuity in the production of the 
     material needed for radioisotope power systems is essential 
     to maintaining the availability of such systems for future 
     deep space exploration missions; and
       (3) Federal agencies supporting the Administration through 
     the production of such material should do so in a cost 
     effective manner so as not to impose excessive reimbursement 
     requirements on the Administration.
       (b) Analysis of Requirements and Risks.--The Director of 
     the Office of Science and Technology Policy and the 
     Administrator, in consultation with other Federal agencies, 
     shall conduct an analysis of--
       (1) the requirements of the Administration for radioisotope 
     power system material that is needed to carry out planned, 
     high priority robotic missions in the solar system and other 
     surface exploration activities beyond low-Earth orbit; and
       (2) the risks to missions of the Administration in meeting 
     those requirements, or any additional requirements, due to a 
     lack of adequate radioisotope power system material.
       (c) Contents of Analysis.--The analysis conducted under 
     subsection (b) shall--
       (1) detail the Administration's current projected mission 
     requirements and associated timeframes for radioisotope power 
     system material;
       (2) explain the assumptions used to determine the 
     Administration's requirements for the material, including--
       (A) the planned use of advanced thermal conversion 
     technology such as advanced thermocouples and Stirling 
     generators and converters; and
       (B) the risks and implications of, and contingencies for, 
     any delays or unanticipated technical challenges affecting or 
     related to the Administration's mission plans for the 
     anticipated use of advanced thermal conversion technology;
       (3) assess the risk to the Administration's programs of any 
     potential delays in achieving the schedule and milestones for 
     planned domestic production of radioisotope power system 
     material;
       (4) outline a process for meeting any additional 
     Administration requirements for the material;
       (5) estimate the incremental costs required to increase the 
     amount of material produced each year, if such an increase is 
     needed to support additional Administration requirements for 
     the material;
       (6) detail how the Administration and other Federal 
     agencies will manage, operate, and fund production facilities 
     and the design and development of all radioisotope power 
     systems used by the Administration and other Federal agencies 
     as necessary;
       (7) specify the steps the Administration will take, in 
     consultation with the Department of Energy, to preserve the 
     infrastructure and workforce necessary for production of 
     radioisotope power systems and ensure that its reimbursements 
     to the Department of Energy associated with such preservation 
     are equitable and justified; and
       (8) detail how the Administration has implemented or 
     rejected the recommendations from the National Research 
     Council's 2009 report titled ``Radioisotope Power Systems: An 
     Imperative for Maintaining U.S. Leadership in Space 
     Exploration.''
       (d) Report to Congress.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator shall submit 
     the results of the analysis to the appropriate committees of 
     Congress.

     SEC. 516. ASSESSMENT OF MARS ARCHITECTURE.

       (a) Assessment.--The Administrator shall enter into an 
     arrangement with the National Academies of Sciences, 
     Engineering, and Medicine to assess--
       (1) the Administration's Mars exploration architecture and 
     its responsiveness to the strategies, priorities, and 
     guidelines put forward by the National Academies' planetary 
     science decadal surveys and other relevant National Academies 
     Mars-related reports;
       (2) the long-term goals of the Administration's Mars 
     Exploration Program and such program's ability to optimize 
     the science return, given the current fiscal posture of the 
     program;
       (3) the Mars exploration architecture's relationship to 
     Mars-related activities to be undertaken by foreign agencies 
     and organizations; and
       (4) the extent to which the Mars exploration architecture 
     represents a reasonably balanced mission portfolio.
       (b) Report to Congress.--Not later than 18 months after the 
     date of enactment of this Act, the Administrator shall submit 
     the results of the assessment to the appropriate committees 
     of Congress.

     SEC. 517. COLLABORATION.

       The Administration shall continue to develop first-of-a-
     kind instruments that, once proved, can be transitioned to 
     other agencies for operations. Whenever responsibilities for 
     the development of sensors or for measurements are 
     transferred to the Administration from another agency, the 
     Administration shall seek, to the extent possible, to be 
     reimbursed for the assumption of such responsibilities.

                         TITLE VI--AERONAUTICS

     SEC. 601. SENSE OF CONGRESS ON AERONAUTICS.

       It is the sense of Congress that--
       (1) a robust aeronautics research portfolio will help 
     maintain the United States status as a leader in aviation, 
     enhance the competitiveness of the United States in the world 
     economy, and improve the quality of life of all citizens;
       (2) aeronautics research is essential to the 
     Administration's mission, continues to be an important core 
     element of the Administration's mission, and should be 
     supported;
       (3) the Administrator should coordinate and consult with 
     relevant Federal agencies and the private sector to minimize 
     duplication of efforts and leverage resources; and
       (4) carrying aeronautics research to a level of maturity 
     that allows the Administration's research results to be 
     transferred to the users, whether private or public sector, 
     is critical to their eventual adoption.

     SEC. 602. TRANSFORMATIVE AERONAUTICS RESEARCH.

       It is the sense of Congress that the Administrator should 
     look strategically into the future and ensure that the 
     Administration's Center personnel are at the leading edge of 
     aeronautics research by encouraging investigations into the 
     early-stage advancement of new processes, novel concepts, and 
     innovative technologies that have the potential to meet 
     national aeronautics needs.

     SEC. 603. HYPERSONIC RESEARCH.

       (a) Roadmap for Hypersonic Research.--Not later than 1 year 
     after the date of enactment of this Act, the Administrator, 
     in consultation with the heads of other relevant Federal 
     agencies, shall develop and submit to the appropriate 
     committees of Congress a research and development roadmap for 
     hypersonic aircraft research.
       (b) Objective.--The objective of the roadmap is to explore 
     hypersonic science and

[[Page S7070]]

     technology using air- breathing propulsion concepts, through 
     a mix of theoretical work, basic and applied research, and 
     development of flight research demonstration vehicles.
       (c) Contents.--The roadmap shall recommend appropriate 
     Federal agency contributions, coordination efforts, and 
     technology milestones.

     SEC. 604. SUPERSONIC RESEARCH.

       (a) Findings.--Congress finds that--
       (1) the ability to fly commercial aircraft over land at 
     supersonic speeds without adverse impacts on the environment 
     or on local communities could open new global markets and 
     enable new transportation capabilities; and
       (2) continuing the Administration's research program is 
     necessary to assess the impact in a relevant environment of 
     commercial supersonic flight operations and provide the basis 
     for establishing appropriate sonic boom standards for such 
     flight operations.
       (b) Roadmap for Supersonic Research.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall develop and 
     submit to the appropriate committees of Congress a roadmap 
     that allows for flexible funding profiles for supersonic 
     aeronautics research and development.
       (2) Objective.--The objective of the roadmap is to develop 
     and demonstrate, in a relevant environment, airframe and 
     propulsion technologies to minimize the environmental impact, 
     including noise, of supersonic overland flight in an 
     efficient and economical manner.
       (3) Contents.--The roadmap shall include--
       (A) the baseline research as embodied by the 
     Administration's existing research on supersonic flight;
       (B) a list of specific technological, environmental, and 
     other challenges that must be overcome to minimize the 
     environmental impact, including noise, of supersonic overland 
     flight;
       (C) a research plan to address the challenges under 
     subparagraph (B), including a project timeline for 
     accomplishing relevant research goals;
       (D) a plan for coordination with stakeholders, including 
     relevant government agencies and industry; and
       (E) a plan for how the Administration will ensure that 
     sonic boom research is coordinated as appropriate with 
     relevant Federal agencies.

     SEC. 605. ROTORCRAFT RESEARCH.

       (a) Roadmap for Rotorcraft Research.--Not later than 1 year 
     after the date of enactment of this Act, the Administrator, 
     in consultation with the heads of other relevant Federal 
     agencies, shall prepare and submit to the appropriate 
     committees of Congress a roadmap for research relating to 
     rotorcraft and other runway-independent air vehicles.
       (b) Objective.--The objective of the roadmap is to develop 
     and demonstrate improved safety, noise, and environmental 
     impact in a relevant environment.
       (c) Contents.--The roadmap shall include specific goals for 
     the research, a timeline for implementation, metrics for 
     success, and guidelines for collaboration and coordination 
     with industry and other Federal agencies.

                      TITLE VII--SPACE TECHNOLOGY

     SEC. 701. SPACE TECHNOLOGY INFUSION.

       (a) Sense of Congress on Space Technology.--It is the sense 
     of Congress that space technology is critical--
       (1) to developing technologies and capabilities that will 
     make the Administration's core missions more affordable and 
     more reliable;
       (2) to enabling a new class of Administration missions 
     beyond low-Earth orbit; and
       (3) to improving technological capabilities and promote 
     innovation for the Administration and the Nation.
       (b) Sense of Congress on Propulsion Technology.--It is the 
     sense of Congress that advancing propulsion technology would 
     improve the efficiency of trips to Mars and could shorten 
     travel time to Mars, reduce astronaut health risks, and 
     reduce radiation exposure, consumables, and mass of materials 
     required for the journey.
       (c) Policy.--It is the policy of the United States that the 
     Administrator shall develop technologies to support the 
     Administration's core missions, as described in section 2(3) 
     of the National Aeronautics and Space Administration 
     Authorization Act of 2010 (42 U.S.C. 18301(3)), and support 
     sustained investments in early stage innovation, fundamental 
     research, and technologies to expand the boundaries of the 
     national aerospace enterprise.
       (d) Propulsion Technologies.--A goal of propulsion 
     technologies developed under subsection (c) shall be to 
     significantly reduce human travel time to Mars.

     SEC. 702. SPACE TECHNOLOGY PROGRAM.

       (a) Space Technology Program Authorized.--The Administrator 
     shall conduct a space technology program (referred to in this 
     section as the ``Program'') to research and develop advanced 
     space technologies that could deliver innovative solutions 
     across the Administration's space exploration and science 
     missions.
       (b) Considerations.--In conducting the Program, the 
     Administrator shall consider--
       (1) the recommendations of the National Academies' review 
     of the Administration's Space Technology roadmaps and 
     priorities; and
       (2) the applicable enabling aspects of the stepping stone 
     approach to exploration under section 70504 of title 51, 
     United States Code.
       (c) Requirements.--In conducting the Program, the 
     Administrator shall--
       (1) to the extent practicable, use a competitive process to 
     select research and development projects;
       (2) to the extent practicable and appropriate, use small 
     satellites and the Administration's suborbital and ground-
     based platforms to demonstrate space technology concepts and 
     developments; and
       (3) as appropriate, partner with other Federal agencies, 
     universities, private industry, and foreign countries.
       (d) Small Business Programs.--The Administrator shall 
     organize and manage the Administration's Small Business 
     Innovation Research Program and Small Business Technology 
     Transfer Program within the Program.
       (e) Nonduplication Certification.--The Administrator shall 
     submit a budget for each fiscal year, as transmitted to 
     Congress under section 1105(a) of title 31, United States 
     Code, that avoids duplication of projects, programs, or 
     missions conducted by Program with other projects, programs, 
     or missions conducted by another office or directorate of the 
     Administration.
       (f) Collaboration, Coordination, and Alignment.--
       (1) In general.--The Administrator shall--
       (A) ensure that the Administration's projects, programs, 
     and activities in support of technology research and 
     development of advanced space technologies are fully 
     coordinated and aligned;
       (B) ensure that the results the projects, programs, and 
     activities under subparagraph (A) are shared and leveraged 
     within the Administration; and
       (C) ensure that the organizational responsibility for 
     research and development activities in support of human space 
     exploration not initiated as of the date of enactment of this 
     Act is established on the basis of a sound rationale.
       (2) Sense of congress.--It is the sense of Congress that 
     projects, programs, and missions being conducted by the Human 
     Exploration and Operations Mission Directorate in support of 
     research and development of advanced space technologies and 
     systems focusing on human space exploration should continue 
     in that Directorate.
       (g) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall provide to the 
     appropriate committees of Congress a report--
       (1) comparing the Administration's space technology 
     investments with the high-priority technology areas 
     identified by the National Academies in the National Research 
     Council's report on the Administration's Space Technology 
     Roadmaps; and
       (2) including--
       (A) identification of how the Administration will address 
     any gaps between the agency's investments and the recommended 
     technology areas, including a projection of funding 
     requirements; and
       (B) identification of the rationale described in subsection 
     (f)(1)(C).
       (h) Annual Report.--The Administrator shall include in the 
     Administration's annual budget request for each fiscal year 
     the rationale for assigning organizational responsibility 
     for, in the year prior to the budget fiscal year, each 
     initiated project, program, and mission focused on research 
     and development of advanced technologies for human space 
     exploration.

                   TITLE VIII--MAXIMIZING EFFICIENCY

      Subtitle A--Agency Information Technology and Cybersecurity

     SEC. 811. INFORMATION TECHNOLOGY GOVERNANCE.

       (a) In General.--The Administrator shall, in a manner that 
     reflects the unique nature of NASA's mission and expertise--
       (1) ensure the NASA Chief Information Officer, Mission 
     Directorates, and Centers have appropriate roles in the 
     management, governance, and oversight processes related to 
     information technology operations and investments and 
     information security programs for the protection of NASA 
     systems;
       (2) ensure the NASA Chief Information Officer has the 
     appropriate resources and insight to oversee NASA information 
     technology and information security operations and 
     investments;
       (3) provide an information technology program management 
     framework to increase the efficiency and effectiveness of 
     information technology investments, including relying on 
     metrics for identifying and reducing potential duplication, 
     waste, and cost;
       (4) improve the operational linkage between the NASA Chief 
     Information Officer and each NASA mission directorate, 
     center, and mission support office to ensure both agency and 
     mission needs are considered in agency-wide information 
     technology and information security management and oversight;
       (5) review the portfolio of information technology 
     investments and spending, including information technology-
     related investments included as part of activities within 
     NASA mission directorates that may not be considered 
     information technology, to ensure investments are recognized 
     and reported appropriately based on guidance from the Office 
     of Management and Budget;
       (6) consider appropriate revisions to the charters of 
     information technology boards and councils that inform 
     information technology investment and operation decisions; 
     and

[[Page S7071]]

       (7) consider whether the NASA Chief Information Officer 
     should have a seat on any boards or councils described in 
     paragraph (6).
       (b) GAO Study.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study of the effectiveness of the 
     Administration's Information Technology Governance in 
     ensuring information technology resources are aligned with 
     agency missions and are cost effective and secure.
       (2) Contents.--The study shall include an assessment of--
       (A) the resources available for overseeing Administration-
     wide information technology operations, investments, and 
     security measures and the NASA Chief Information Officer's 
     visibility and involvement into information technology 
     oversight and access to those resources;
       (B) the effectiveness and challenges of the 
     Administration's information technology structure, decision 
     making processes and authorities, including impacts on its 
     ability to implement information security; and
       (C) the impact of NASA Chief Information Officer approval 
     authority over information technology investments that exceed 
     a defined monetary threshold, including any potential impacts 
     of such authority on the Administration's missions, flights 
     programs and projects, research activities, and Center 
     operations.
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report detailing 
     the results of the study under paragraph (1), including any 
     recommendations.

     SEC. 812. INFORMATION TECHNOLOGY STRATEGIC PLAN.

       (a) In General.--Subject to subsection (b), the 
     Administrator shall develop an information technology 
     strategic plan to guide NASA information technology 
     management and strategic objectives.
       (b) Requirements.--In developing the strategic plan, the 
     Administrator shall ensure that the strategic plan 
     addresses--
       (1) the deadline under section 306(a) of title 5, United 
     States Code; and
       (2) the requirements under section 3506 of title 44, United 
     States Code.
       (c) Contents.--The strategic plan shall address, in a 
     manner that reflects the unique nature of NASA's mission and 
     expertise--
       (1) near and long-term goals and objectives for leveraging 
     information technology;
       (2) a plan for how NASA will submit to Congress of a list 
     of information technology projects, including completion 
     dates and risk level in accordance with guidance from the 
     Office of Management and Budget;
       (3) an implementation overview for an agency-wide approach 
     to information technology investments and operations, 
     including reducing barriers to cross-center collaboration;
       (4) coordination by the NASA Chief Information Officer with 
     centers and mission directorates to ensure that information 
     technology policies are effectively and efficiently 
     implemented across the agency;
       (5) a plan to increase the efficiency and effectiveness of 
     information technology investments, including a description 
     of how unnecessarily duplicative, wasteful, legacy, or 
     outdated information technology across NASA will be 
     identified and eliminated, and a schedule for the 
     identification and elimination of such information 
     technology;
       (6) a plan for improving the information security of agency 
     information and agency information systems, including 
     improving security control assessments and role-based 
     security training of employees; and
       (7) submission by NASA to Congress of information regarding 
     high risk projects and cybersecurity risks.
       (d) Congressional Oversight.--The Administrator shall 
     submit to the appropriate committees of Congress the 
     strategic plan under subsection (a) and any updates thereto.

     SEC. 813. CYBERSECURITY.

       (a) Finding.--The security of NASA information and 
     information systems is vital to the success of the mission of 
     the agency.
       (b) Information Security Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall implement the 
     information security plan developed under paragraph (2) and 
     take such further actions as the Administrator considers 
     necessary to improve the information security system in 
     accordance with this section.
       (2) Information security plan.--Subject to paragraphs (3) 
     and (4), the Administrator shall develop an agency-wide 
     information security plan to enhance information security for 
     NASA information and information infrastructure.
       (3) Requirements.--In developing the plan under paragraph 
     (2), the Administrator shall ensure that the plan--
       (A) reflects the unique nature of NASA's mission and 
     expertise;
       (B) is informed by policies, standards, guidelines, and 
     directives on information security required for Federal 
     agencies;
       (C) is consistent with the standards and guidelines under 
     section 11331 of title 40, United States Code; and
       (D) meets applicable National Institute of Standards and 
     Technology information security standards and guidelines.
       (4) Contents.--The plan shall address--
       (A) an overview of the requirements of the information 
     security system;
       (B) an agency-wide risk management framework for 
     information security;
       (C) a description of the information security system 
     management controls and common controls that are necessary to 
     ensure compliance with information security-related 
     requirements;
       (D) an identification and assignment of roles, 
     responsibilities, and management commitment for information 
     security at the agency;
       (E) coordination among organizational entities, including 
     between each center, facility, mission directorate, and 
     mission support office, and among agency entities responsible 
     for different aspects of information security;
       (F) the need to protect the information security of 
     mission-critical systems and activities and high-impact and 
     moderate-impact information systems; and
       (G) a schedule of frequent reviews and updates, as 
     necessary, of the plan.

     SEC. 814. SECURITY MANAGEMENT OF FOREIGN NATIONAL ACCESS.

       The Administrator shall notify the appropriate committees 
     of Congress when the agency has implemented the information 
     technology security recommendations from the National Academy 
     of Public Administration on foreign national access 
     management, based on reports from January 2014 and March 
     2016.

     SEC. 815. CYBERSECURITY OF WEB APPLICATIONS.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator shall, in a manner that reflects the 
     unique nature of NASA's mission and expertise--
       (1) develop a plan, including such actions and milestones 
     as are necessary, to fully remediate security vulnerabilities 
     of NASA web applications within a timely fashion after 
     discovery; and
       (2) provide an update on its plant to implement the 
     recommendation from the NASA Inspector General in the audit 
     report dated July 10, 2014, (IG-14-023) to remove from the 
     Internet or otherwise secure all NASA web applications in 
     development or testing mode.

 Subtitle B--Collaboration Among Mission Directorates and Other Matters

     SEC. 821. COLLABORATION AMONG MISSION DIRECTORATES.

       The Administrator shall encourage an interdisciplinary 
     approach among all NASA mission directorates and divisions, 
     whenever appropriate, for projects or missions--
       (1) to improve coordination, and encourage collaboration 
     and early planning on scope;
       (2) to determine areas of overlap or alignment;
       (3) to find ways to leverage across divisional perspectives 
     to maximize outcomes; and
       (4) to be more efficient with resources and funds.

     SEC. 822. NASA LAUNCH CAPABILITIES COLLABORATION.

       (a) Findings.--Congress makes the following findings:
       (1) The Launch Services Program is responsible for the 
     acquisition, management, and technical oversight of 
     commercial launch services for NASA's science and robotic 
     missions.
       (2) The Commercial Crew Program is responsible for the 
     acquisition, management, and technical oversight of 
     commercial crew transportation systems.
       (3) The Launch Services Program and Commercial Crew Program 
     have worked together to gain exceptional technical insight 
     into the contracted launch service providers that are common 
     to both programs.
       (4) The Launch Services Program has a long history of 
     oversight of 12 different launch vehicles and over 80 
     launches.
       (5) Co-location of the Launch Services Program and 
     Commercial Crew Program has enabled the Commercial Crew 
     Program to efficiently obtain the launch vehicle technical 
     expertise of and provide engineering and analytical support 
     to the Commercial Crew Program.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Launch Services Program and Commercial Crew Program 
     each benefit from communication and coordination of launch 
     manifests, technical information, and common launch vehicle 
     insight between the programs; and
       (2) such communication and coordination is enabled by the 
     co-location of the programs.
       (c) In General.--The Administrator shall pursue a strategy 
     for acquisition of crewed transportation services and non-
     crewed launch services that continues to enhance 
     communication, collaboration, and coordination between the 
     Launch Services Program and the Commercial Crew Program.

     SEC. 823. DETECTION AND AVOIDANCE OF COUNTERFEIT PARTS.

       (a) Findings.--Congress finds the following:
       (1) A 2012 investigation by the Committee on Armed Services 
     of the Senate of counterfeit electronic parts in the 
     Department of Defense supply chain from 2009 through 2010 
     uncovered 1,800 cases and over 1,000,000 counterfeit parts 
     and exposed the threat such counterfeit parts pose to service 
     members and national security.
       (2) Since 2010, the Comptroller General of the United 
     States has identified in 3 separate reports the risks and 
     challenges associated with counterfeit parts and counterfeit 
     prevention at both the Department of Defense and NASA, 
     including inconsistent definitions

[[Page S7072]]

     of counterfeit parts, poorly targeted quality control 
     practices, and potential barriers to improvements to these 
     practices.
       (b) Sense of Congress.--It is the sense of Congress that 
     the presence of counterfeit electronic parts in the NASA 
     supply chain poses a danger to United States government 
     astronauts, crew, and other personnel and a risk to the 
     agency overall.
       (c) Regulations.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall revise the 
     NASA Supplement to the Federal Acquisition Regulation to 
     improve the detection and avoidance of counterfeit electronic 
     parts in the supply chain.
       (2) Contractor responsibilities.--In revising the 
     regulations under paragraph (1), the Administrator shall--
       (A) require each covered contractor--
       (i) to detect and avoid the use or inclusion of any 
     counterfeit parts in electronic parts or products that 
     contain electronic parts;
       (ii) to take such corrective actions as the Administrator 
     considers necessary to remedy the use or inclusion described 
     in clause (i); and
       (iii) including a subcontractor, to notify the applicable 
     NASA contracting officer not later than 30 calendar days 
     after the date the covered contractor becomes aware, or has 
     reason to suspect, that any end item, component, part or 
     material contained in supplies purchased by NASA, or 
     purchased by a covered contractor or subcontractor for 
     delivery to, or on behalf of, NASA, contains a counterfeit 
     electronic part or suspect counterfeit electronic part; and
       (B) prohibit the cost of counterfeit electronic parts, 
     suspect counterfeit electronic parts, and any corrective 
     action described under subparagraph (A)(ii) from being 
     included as allowable costs under agency contracts, unless--
       (i)(I) the covered contractor has an operational system to 
     detect and avoid counterfeit electronic parts and suspect 
     counterfeit electronic parts that has been reviewed and 
     approved by NASA or the Department of Defense; and

       (II) the covered contractor has provided the notice under 
     subparagraph (A)(iii); or

       (ii) the counterfeit electronic parts or suspect 
     counterfeit electronic parts were provided to the covered 
     contractor as Government property in accordance with part 45 
     of the Federal Acquisition Regulation.
       (3) Suppliers of electronic parts.--In revising the 
     regulations under paragraph (1), the Administrator shall--
       (A) require NASA and covered contractors, including 
     subcontractors, at all tiers--
       (i) to obtain electronic parts that are in production or 
     currently available in stock from--

       (I) the original manufacturers of the parts or their 
     authorized dealers; or
       (II) suppliers who obtain such parts exclusively from the 
     original manufacturers of the parts or their authorized 
     dealers; and

       (ii) to obtain electronic parts that are not in production 
     or currently available in stock from suppliers that meet 
     qualification requirements established under subparagraph 
     (C);
       (B) establish documented requirements consistent with 
     published industry standards or Government contract 
     requirements for--
       (i) notification of the agency; and
       (ii) inspection, testing, and authentication of electronic 
     parts that NASA or a covered contractor, including a 
     subcontractor, obtains from any source other than a source 
     described in subparagraph (A);
       (C) establish qualification requirements, consistent with 
     the requirements of section 2319 of title 10, United States 
     Code, pursuant to which NASA may identify suppliers that have 
     appropriate policies and procedures in place to detect and 
     avoid counterfeit electronic parts and suspect counterfeit 
     electronic parts; and
       (D) authorize a covered contractor, including a 
     subcontractor, to identify and use additional suppliers 
     beyond those identified under subparagraph (C) if--
       (i) the standards and processes for identifying such 
     suppliers comply with established industry standards;
       (ii) the covered contractor assumes responsibility for the 
     authenticity of parts provided by such suppliers under 
     paragraph (2); and
       (iii) the selection of such suppliers is subject to review 
     and audit by NASA.
       (d) Definitions.--In this section:
       (1) Covered contractor.--The term ``covered contractor'' 
     means a contractor that supplies an electronic part, or a 
     product that contains an electronic part, to NASA.
       (2) Electronic part.--The term ``electronic part'' means a 
     discrete electronic component, including a microcircuit, 
     transistor, capacitor, resistor, or diode, that is intended 
     for use in a safety or mission critical application.

     SEC. 824. EDUCATION AND OUTREACH.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) United States competitiveness in the 21st century 
     requires engaging the science, technology, engineering, and 
     mathematics (referred to in this section as ``STEM'') talent 
     in all States;
       (2) the Administration is uniquely positioned to educate 
     and inspire students and the broader public on STEM subjects 
     and careers;
       (3) the Administration's Education and Communication 
     Offices, Mission Directorates, and Centers have been 
     effective in delivering educational content because of the 
     strong engagement of Administration scientists and engineers 
     in the Administration's education and outreach activities;
       (4) the Administration's education and outreach programs, 
     including the Experimental Program to Stimulate Competitive 
     Research (EPSCoR) and the Space Grant College and Fellowship 
     Program, reflect the Administration's successful commitment 
     to growing and diversifying the national science and 
     engineering workforce; and
       (5) in order to grow and diversify the Nation's engineering 
     workforce, it is vital for the Administration to bolster 
     programs, such as High Schools United with NASA to Create 
     Hardware (HUNCH) program, that conduct outreach activities to 
     underserved rural communities, vocational schools, and tribal 
     colleges and universities and encourage new participation in 
     the STEM workforce.
       (b) Continuation of Education and Outreach Activities and 
     Programs.--
       (1) In general.--The Administrator shall continue 
     engagement with the public and education opportunities for 
     students via all the Administration's mission directorates to 
     the maximum extent practicable.
       (2) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the 
     Administration's near-term outreach plans for advancing space 
     law education.

     SEC. 825. LEVERAGING COMMERCIAL SATELLITE SERVICING 
                   CAPABILITIES ACROSS MISSION DIRECTORATES.

       (a) Findings.--Congress makes the following findings:
       (1) Refueling and relocating aging satellites to extend 
     their operational lifetimes is a capacity that NASA will 
     substantially benefit from and is important for lowering the 
     costs of ongoing scientific, national security, and 
     commercial satellite operations.
       (2) The technologies involved in satellite servicing, such 
     as dexterous robotic arms, propellant transfer systems, and 
     solar electric propulsion, are all critical capabilities to 
     support a human exploration mission to Mars.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) satellite servicing is a vital capability that will 
     bolster the capacity and affordability of NASA's ongoing 
     scientific and human exploration operations while 
     simultaneously enhancing the ability of domestic companies to 
     compete in the global marketplace; and
       (2) future NASA satellites and spacecraft across mission 
     directorates should be constructed in a manner that allows 
     for servicing in order to maximize operational longevity and 
     affordability.
       (c) Leveraging of Capabilities.--The Administrator shall 
     identify orbital assets in both the Science Mission 
     Directorate and the Human Exploration and Operations Mission 
     Directorate that could benefit from satellite servicing-
     related technologies, and shall work across all NASA mission 
     directorates to evaluate opportunities for the private sector 
     to perform such services or advance technical capabilities by 
     leveraging the technologies and techniques developed by NASA 
     programs and other industry programs.

     SEC. 826. FLIGHT OPPORTUNITIES.

       (a) Development of Payloads.--
       (1) In general.--In order to conduct necessary research, 
     the Administrator shall continue and, as the Administrator 
     considers appropriate, expand the development of technology 
     payloads for--
       (A) scientific research; and
       (B) investigating new or improved capabilities.
       (2) Funds.--For the purpose of carrying out paragraph (1), 
     the Administrator shall make funds available for--
       (A) flight testing;
       (B) payload development; and
       (C) hardware related to subparagraphs (A) and (B).
       (b) Reaffirmation of Policy.--Congress reaffirms that the 
     Administrator should provide flight opportunities for 
     payloads to microgravity environments and suborbital 
     altitudes as authorized by section 907 of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18405).

     SEC. 827. SENSE OF CONGRESS ON SMALL CLASS LAUNCH MISSIONS.

       It is the sense of Congress that--
       (1) Venture Class Launch Services contracts awarded under 
     the Launch Services Program will expand opportunities for 
     future dedicated launches of CubeSats and other small 
     satellites and small orbital science missions; and
       (2) principal investigator-led small orbital science 
     missions, including CubeSat class, Small Explorer (SMEX) 
     class, and Venture class, offer valuable opportunities to 
     advance science at low cost, train the next generation of 
     scientists and engineers, and enable participants to acquire 
     skills in systems engineering and systems integration that 
     are critical to maintaining the Nation's leadership in space 
     and to enhancing United States innovation and competitiveness 
     abroad.

     SEC. 828. BASELINE AND COST CONTROLS.

       Section 30104(a)(1) of title 51, United States Code, is 
     amended by striking ``Procedural Requirements 7120.5c, dated 
     March 22, 2005'' and inserting ``Procedural Requirements 
     7120.5E, dated August 14, 2012''.

[[Page S7073]]

  


     SEC. 829. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.

       Section 50116(a) of title 51, United States Code, is 
     amended by inserting ``, while protecting national security'' 
     after ``research community''.

     SEC. 830. AVOIDING ORGANIZATIONAL CONFLICTS OF INTEREST IN 
                   MAJOR ADMINISTRATION ACQUISITION PROGRAMS.

       (a) Revised Regulations Required.--Not later than 270 days 
     after the date of enactment of this Act, the Administrator 
     shall revise the Administration Supplement to the Federal 
     Acquisition Regulation to provide uniform guidance and 
     recommend revised requirements for organizational conflicts 
     of interest by contractors in major acquisition programs in 
     order to address the elements identified in subsection (b).
       (b) Elements.--The revised regulations under subsection (a) 
     shall, at a minimum--
       (1) address organizational conflicts of interest that could 
     potentially arise as a result of--
       (A) lead system integrator contracts on major acquisition 
     programs and contracts that follow lead system integrator 
     contracts on such programs, particularly contracts for 
     production;
       (B) the ownership of business units performing systems 
     engineering and technical assistance functions, professional 
     services, or management support services in relation to major 
     acquisition programs by contractors who simultaneously own 
     business units competing to perform as either the prime 
     contractor or the supplier of a major subsystem or component 
     for such programs;
       (C) the award of major subsystem contracts by a prime 
     contractor for a major acquisition program to business units 
     or other affiliates of the same parent corporate entity, and 
     particularly the award of subcontracts for software 
     integration or the development of a proprietary software 
     system architecture; or
       (D) the performance by, or assistance of, contractors in 
     technical evaluations on major acquisition programs;
       (2) require the Administration to request advice on systems 
     architecture and systems engineering matters with respect to 
     major acquisition programs from objective sources independent 
     of the prime contractor;
       (3) require that a contract for the performance of systems 
     engineering and technical assistance functions for a major 
     acquisition program contains a provision prohibiting the 
     contractor or any affiliate of the contractor from 
     participating as a prime contractor or a major subcontractor 
     in the development of a system under the program; and
       (4) establish such limited exceptions to the requirement in 
     paragraphs (2) and (3) as the Administrator considers 
     necessary to ensure that the Administration has continued 
     access to advice on systems architecture and systems 
     engineering matters from highly qualified contractors with 
     domain experience and expertise, while ensuring that such 
     advice comes from sources that are objective and unbiased.

     SEC. 831. PROTECTION OF APOLLO LANDING SITES.

       (a) Assessment.--The Director of the Office of Science and 
     Technology Policy, in consultation with relevant Federal 
     agencies and stakeholders, shall assess the issues relating 
     to protecting and preserving historically important Apollo 
     Program lunar landing sites and Apollo program artifacts 
     residing on the lunar surface, including those pertaining to 
     Apollo 11 and Apollo 17.
       (b) Contents.--In conducting the assessment, the Director 
     shall include--
       (1) a determination of what risks to the protection and 
     preservation of those sites and artifacts exist or may exist 
     in the future;
       (2) a determination of what measures are required to ensure 
     such protection and preservation;
       (3) a determination of the extent to which additional 
     domestic legislation or international treaties or agreements 
     will be required; and
       (4) specific recommendations for protecting and preserving 
     those lunar landing sites and artifacts.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall submit to the 
     appropriate committees of Congress the results of the 
     assessment.

     SEC. 832. NASA LEASE OF NON-EXCESS PROPERTY.

       Section 20145(g) of title 51, United States Code, is 
     amended by striking ``10 years after December 26, 2007'' and 
     inserting ``December 31, 2018''.

     SEC. 833. TERMINATION LIABILITY.

       It is the sense of Congress that--
       (1) the ISS, the Space Launch System, and the Orion will 
     enable the Nation to continue operations in low-Earth orbit 
     and to send its astronauts to deep space;
       (2) the James Webb Space Telescope will revolutionize our 
     understanding of star and planet formation and how galaxies 
     evolved, and will advance the search for the origins of our 
     universe;
       (3) as a result of their unique capabilities and their 
     critical contribution to the future of space exploration, 
     these systems have been designated by Congress and the 
     Administration as priority investments;
       (4) contractors are currently holding program funding, 
     estimated to be in the hundreds of millions of dollars, to 
     cover the potential termination liability should the 
     Government choose to terminate a program for convenience;
       (5) as a result, hundreds of millions of taxpayer dollars 
     are unavailable for meaningful work on these programs;
       (6) according to the Government Accountability Office, the 
     Administration procures most of its goods and services 
     through contracts, and it terminates very few of them;
       (7) in fiscal year 2010, the Administration terminated 28 
     of 16,343 active contracts and orders, a termination rate of 
     about 0.17 percent; and
       (8) the Administration should vigorously pursue a policy on 
     termination liability that maximizes the utilization of its 
     appropriated funds to make maximum progress in meeting 
     established technical goals and schedule milestones on these 
     high-priority programs.

     SEC. 834. INDEPENDENT REVIEWS.

       Not later than 270 days after the date of enactment of this 
     Act, the Administrator shall submit to the appropriate 
     committees of Congress a report describing--
       (1) the Administration's procedures for conducting 
     independent reviews of projects and programs at lifecycle 
     milestones;
       (2) how the Administration ensures the independence of the 
     individuals who conduct those reviews prior to their 
     assignment;
       (3) the internal and external entities independent of 
     project and program management that conduct reviews of 
     projects and programs at life cycle milestones; and
       (4) how the Administration ensures the independence of such 
     entities and their members.

     SEC. 835. NASA ADVISORY COUNCIL.

       (a) Assessment.--The Administrator shall enter into an 
     arrangement with the National Academy of Public 
     Administration to assess the effectiveness of the NASA 
     Advisory Council and to make recommendations to Congress for 
     any change to--
       (1) the functions of the Council;
       (2) the appointment of members to the Council;
       (3) the qualifications for members of the Council;
       (4) the duration of terms of office for members of the 
     Council;
       (5) the frequency of meetings of the Council;
       (6) the structure of leadership and Committees of the 
     Council; and
       (7) the levels of professional staffing for the Council.
       (b) Considerations.--In carrying out the assessment under 
     subsection (a), the National Academy of Public Administration 
     shall--
       (1) consider the impacts of broadening the Council's role 
     to include providing consultation and advice to Congress 
     under section 20113(g) of title 51, United States Code;
       (2) consider the past activities of the NASA Advisory 
     Council and the activities of other analogous Federal 
     advisory bodies; and
       (3) any other issues that the National Academy of Public 
     Administration determines could potentially impact the 
     effectiveness of the Council.
       (c) Report.--The National Academy of Public Administration 
     shall submit to the appropriate committees of Congress the 
     results of the assessment, including any recommendations.
       (d) Consultation and Advice.--
       (1) In general.--Section 20113(g) of title 51, United 
     States Code, is amended by inserting ``and Congress'' after 
     ``advice to the Administration''.
       (2) Sunset.--Effective September 30, 2017, section 20113(g) 
     of title 51, United States Code, is amended by striking ``and 
     Congress''.

     SEC. 836. COST ESTIMATION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) realistic cost estimating is critically important to 
     the ultimate success of major space development projects; and
       (2) the Administration has devoted significant efforts over 
     the past 5 years to improving its cost estimating 
     capabilities, but it is important that the Administration 
     continue its efforts to develop and implement guidance in 
     establishing realistic cost estimates.
       (b) Guidance and Criteria.--The Administrator shall provide 
     to its acquisition programs and projects, in a manner 
     consistent with the Administration's Space Flight Program and 
     Project Management Requirements--
       (1) guidance on when to use an Independent Cost Estimate 
     and Independent Cost Assessment; and
       (2) criteria to use to make a determination under paragraph 
     (1).

     SEC. 837. FACILITIES AND INFRASTRUCTURE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Administration must address, mitigate, and reverse, 
     where possible, the deterioration of its facilities and 
     infrastructure, as their condition is hampering the 
     effectiveness and efficiency of research performed by both 
     the Administration and industry participants making use of 
     Administration facilities, thus harming the competitiveness 
     of the United States aerospace industry;
       (2) the Administration has a role in providing laboratory 
     capabilities to industry participants that are not 
     economically viable as commercial entities and thus are not 
     available elsewhere;
       (3) to ensure continued access to reliable and efficient 
     world-class facilities by researchers, the Administration 
     should establish strategic partnerships with other Federal 
     agencies, institutions of higher education, and industry, as 
     appropriate; and

[[Page S7074]]

       (4) decisions on whether to dispose of, maintain, or 
     modernize existing facilities must be made in the context of 
     meeting Administration and other needs, including those 
     required to meet the activities supporting the Human 
     Exploration Roadmap under section 432 of this Act, consider 
     other national laboratory needs as the Administrator deems 
     appropriate.
       (b) Policy.--It is the policy of the United States that the 
     Administration maintain reliable and efficient facilities and 
     infrastructure and that decisions on whether to dispose of, 
     maintain, or modernize existing facilities or infrastructure 
     be made in the context of meeting future Administration 
     needs.
       (c) Plan.--
       (1) In general.--The Administrator shall develop a 
     facilities and infrastructure plan.
       (2) Goal.--The goal of the plan is to position the 
     Administration to have the facilities and infrastructure, 
     including laboratories, tools, and approaches, necessary to 
     meet future Administration and other Federal agencies' 
     laboratory needs.
       (3) Contents.--The plan shall identify--
       (A) current Administration and other Federal agency 
     laboratory needs;
       (B) future Administration research and development and 
     testing needs;
       (C) a strategy for identifying facilities and 
     infrastructure that are candidates for disposal, that is 
     consistent with the national strategic direction set forth 
     in--
       (i) the National Space Policy;
       (ii) the National Aeronautics Research, Development, Test, 
     and Evaluation Infrastructure Plan;
       (iii) the National Aeronautics and Space Administration 
     Authorization Act of 2005 (Public Law 109-155; 119 Stat. 
     2895), National Aeronautics and Space Administration 
     Authorization Act of 2008 (Public Law 110-422; 122 Stat. 
     4779), and National Aeronautics and Space Administration 
     Authorization Act of 2010 (42 U.S.C. 18301 et seq.); and
       (iv) the Human Exploration Roadmap under section 432 of 
     this Act;
       (D) a strategy for the maintenance, repair, upgrading, and 
     modernization of Administration facilities and 
     infrastructure, including laboratories and equipment; and
       (E) criteria for--
       (i) prioritizing deferred maintenance tasks;
       (ii) maintaining, repairing, upgrading, or modernizing 
     Administration facilities and infrastructure; and
       (iii) implementing processes, plans, and policies for 
     guiding the Administration's Centers on whether to maintain, 
     repair, upgrade, or modernize a facility or infrastructure 
     and for determining the type of instrument to be used.

     SEC. 838. HUMAN SPACE FLIGHT ACCIDENT INVESTIGATIONS.

       Section 70702 of title 51, United States Code, is amended--
       (1) by amending subsection (a)(3) to read as follows:
       ``(3) any other orbital or suborbital space vehicle 
     carrying humans that is--
       ``(A) owned by the Federal Government; or
       ``(B) being used pursuant to a contract or Space Act 
     Agreement with the Federal Government for carrying a 
     government astronaut or a researcher funded by the Federal 
     Government; or''; and
       (2) by adding at the end the following:
       ``(c) Definitions.--In this section:
       ``(1) Government astronaut.--The term `government 
     astronaut' has the meaning given the term in section 50902.
       ``(2) Space act agreement.--The term `Space Act Agreement' 
     means an agreement entered into by the Administration 
     pursuant to its other transactions authority under section 
     20113(e).''.

     SEC. 839. ORBITAL DEBRIS.

       (a) Findings.--Congress finds that--
       (1) orbital debris poses serious risks to the operational 
     space capabilities of the United States;
       (2) an international commitment and integrated strategic 
     plan are needed to mitigate the growth of orbital debris 
     wherever possible; and
       (3) the delay in the Office of Science and Technology 
     Policy's submission of a report on the status of 
     international coordination and development of orbital debris 
     mitigation strategies to be inconsistent with such risks.
       (b) Reports.--
       (1) Coordination.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the status of 
     efforts to coordinate with foreign countries within the 
     Inter-Agency Space Debris Coordination Committee to mitigate 
     the effects and growth of orbital debris under section 
     1202(b)(1) of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 
     18441(b)(1)).
       (2) Mitigation strategy.--Not later than 90 days after the 
     date of enactment of this Act, the Director of the Office of 
     Science and Technology Policy shall submit to the appropriate 
     committees of Congress a report on the status of the orbital 
     debris mitigation strategy required under section 1202(b)(2) 
     of the National Aeronautics and Space Administration 
     Authorization Act of 2010 (42 U.S.C. 18441(b)(2)).

     SEC. 840. REVIEW OF ORBITAL DEBRIS REMOVAL CONCEPTS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) orbital debris in low-Earth orbit poses significant 
     risks to spacecraft;
       (2) such orbital debris may increase due to collisions 
     between existing debris objects; and
       (3) understanding options to address and remove orbital 
     debris is important for ensuring safe and effective 
     spacecraft operations in low-Earth orbit.
       (b) Review.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator--
       (A) in collaboration with the heads of other relevant 
     Federal agencies, shall solicit and review concepts and 
     options for removing orbital debris from low-Earth orbit; and
       (B) shall submit to the appropriate committees of Congress 
     a report on the solicitation and review under subparagraph 
     (A), including recommendations on the best options for 
     decreasing the risks associated with orbital debris.
       (2) Requirements.--The solicitation and review under 
     paragraph (1) shall address the requirements for and 
     feasibility of developing and implementing each of the 
     options.
                                 ______
                                 
  SA 5181. Mr. PORTMAN (for Mr. Kirk) proposed an amendment to the bill 
S. 1168, to amend title XVIII of the Social Security Act to preserve 
access to rehabilitation innovation centers under the Medicare program; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Preserving Rehabilitation 
     Innovation Centers Act of 2016''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) In the United States, there are an estimated 1,181 
     inpatient rehabilitation facilities. Among these facilities 
     is a small group of inpatient rehabilitation institutions 
     that are contributing to the future of rehabilitation care 
     medicine, as well as to patient recovery, scientific 
     innovation, and quality of life.
       (2) This unique category of inpatient rehabilitation 
     institutions treats the most complex patient conditions, such 
     as traumatic brain injury, stroke, spinal cord injury, 
     childhood disease, burns, and wartime injuries.
       (3) These leading inpatient rehabilitation institutions are 
     all not-for-profit or Government-owned institutions and serve 
     a high volume of Medicare or Medicaid beneficiaries.
       (4) These leading inpatient rehabilitation institutions 
     have been recognized by the Federal Government for their 
     contributions to cutting-edge research to develop solutions 
     that enhance quality of care, improve patient outcomes, and 
     reduce health care costs.
       (5) These leading inpatient rehabilitation institutions 
     help to improve the practice and standard of rehabilitation 
     medicine across the Nation in urban, suburban, and rural 
     communities by training physicians, medical students, and 
     other clinicians, and providing care to patients from all 50 
     States.
       (6) It is vital that these leading inpatient rehabilitation 
     institutions are supported so they can continue to lead the 
     Nation's efforts to--
       (A) advance integrated, multidisciplinary rehabilitation 
     research;
       (B) provide cutting-edge medical care to the most complex 
     rehabilitation patients;
       (C) serve as education and training facilities for the 
     physicians, nurses, and other health professionals who serve 
     rehabilitation patients;
       (D) ensure Medicare and Medicaid beneficiaries receive 
     state-of-the-art, high-quality rehabilitation care by 
     developing and disseminating best practices and advancing the 
     quality of care utilized by post-acute providers in all 50 
     States; and
       (E) support other inpatient rehabilitation institutions in 
     rural areas to help ensure access to quality post-acute care 
     for patients living in these communities.

     SEC. 3. STUDY AND REPORT RELATING TO THE COSTS INCURRED BY, 
                   AND THE MEDICARE PAYMENTS MADE TO, 
                   REHABILITATION INNOVATION CENTERS.

       (a) In General.--Section 1886(j) of the Social Security Act 
     (42 U.S.C. 1395ww(j)) is amended--
       (1) by redesignating paragraph (8) as paragraph (9); and
       (2) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) Study and report relating to the costs incurred by, 
     and the medicare payments made to, rehabilitation innovation 
     centers.--
       ``(A) Study.--The Secretary shall conduct a study to assess 
     the costs incurred by rehabilitation innovation centers (as 
     defined in subparagraph (C)) that are beyond the prospective 
     rate for each of the following activities:
       ``(i) Furnishing items and services to individuals under 
     this title.
       ``(ii) Conducting research.
       ``(iii) Providing medical training.
       ``(B) Report.--Not later than July 1, 2019, the Secretary 
     shall submit to Congress a report containing the results of 
     the study under subparagraph (A), together with 
     recommendations for such legislation and administrative 
     action as the Secretary determines appropriate.
       ``(C) Rehabilitation innovation center defined.--
       ``(i) In general.--In this paragraph, the term 
     `rehabilitation innovation center'

[[Page S7075]]

     means a rehabilitation facility that, determined as of the 
     date of the enactment of this paragraph, is described in 
     clause (ii) or clause (iii).
       ``(ii) Not-for-profit.--A rehabilitation facility described 
     in this clause is a facility that--

       ``(I) is classified as a not-for-profit entity under the 
     IRF Rate Setting File for the Correction Notice for the 
     Inpatient Rehabilitation Facility Prospective Payment System 
     for Federal Fiscal Year 2012 (78 Fed. Reg. 59256);
       ``(II) holds at least one Federal rehabilitation research 
     and training designation for research projects on traumatic 
     brain injury, spinal cord injury, or stroke rehabilitation 
     research from the Rehabilitation Research and Training 
     Centers or the Rehabilitation Engineering Research Center at 
     the National Institute on Disability and Rehabilitation 
     Research at the Department of Education, based on such data 
     submitted to the Secretary by a facility, in a form, manner, 
     and time frame specified by the Secretary;
       ``(III) has a minimum Medicare case mix index of 1.1144 for 
     fiscal year 2012 according to the IRF Rate Setting File 
     described in subclause (I); and
       ``(IV) had at least 300 Medicare discharges or at least 200 
     Medicaid discharges in a prior year as determined by the 
     Secretary.

       ``(iii) Government-owned.--A rehabilitation facility 
     described in this clause is a facility that--

       ``(I) is classified as a Government-owned institution under 
     the IRF Rate Setting File described in clause (ii)(I);
       ``(II) holds at least one Federal rehabilitation research 
     and training designation for research projects on traumatic 
     brain injury, spinal cord injury, or stroke rehabilitation 
     research from the Rehabilitation Research and Training 
     Centers, the Rehabilitation Engineering Research Center, or 
     the Model Spinal Cord Injury Systems at the National 
     Institute on Disability and Rehabilitation Research at the 
     Department of Education, based on such data submitted to the 
     Secretary by a facility, in a form, manner, and time frame 
     specified by the Secretary;
       ``(III) has a minimum Medicare case mix index of 1.1144 for 
     2012 according to the IRF Rate Setting File described in 
     clause (ii)(I); and
       ``(IV) has a Medicare disproportionate share hospital (DSH) 
     percentage of at least 0.6300 according to the IRF Rate 
     Setting File described in clause (ii)(I)).''.

                                 ______
                                 
  SA 5182. Mr. PORTMAN (for Mr. Inhofe (for himself and Mr. 
Blumenthal)) proposed an amendment to the bill S. 3021, to amend title 
38, United States Code, to authorize the use of Post-9/11 Educational 
Assistance to pursue independent study programs at certain educational 
institutions that are not institutions of higher learning; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Education 
     Improvement Act of 2016'' or the ``VEI Act of 2016''.

     SEC. 2. 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--
       ``(A) with respect to enrollments occurring during the 
     period beginning on the date of the enactment of the Veterans 
     Education Improvement Act of 2016 and ending on September 30, 
     2018, an independent study program (including open circuit 
     television) that--
       ``(i) is accredited by a nationally recognized accrediting 
     agency; and
       ``(ii) leads--

       ``(I) to a standard college degree;
       ``(II) to a certificate that reflects educational 
     attainment offered by an institution of higher learning; or
       ``(III) to a certificate that reflects completion of a 
     course of study offered by--

       ``(aa) an area career and technical education school (as 
     defined in subparagraphs (C) and (D) of section 3(3) of the 
     Carl D. Perkins Career and Technical Education Act of 2006 
     (20 U.S.C. 2302(3))) that provides education at the 
     postsecondary level; or
       ``(bb) a postsecondary vocational institution (as defined 
     in section 102(c) of the Higher Education Act of 1965 (20 
     U.S.C. 1002(c))) that provides education at the postsecondary 
     level; and
       ``(B) with respect to enrollments occurring during any 
     period other than the period described in subparagraph (A), 
     an accredited independent study program (including open 
     circuit television) leading--
       ``(i) to a standard college degree; or
       ``(ii) to a certificate that reflects educational 
     attainment offered by an institution of higher learning.''.

     SEC. 3. APPROVAL OF COURSES OF EDUCATION AND TRAINING FOR 
                   PURPOSES OF THE VOCATIONAL REHABILITATION 
                   PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Section 3104(b) of title 38, United States 
     Code, is amended--
       (1) by inserting ``(1)'' before ``A rehabilitation''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) Except as provided in subparagraph (B), to the 
     maximum extent practicable, a course of education or training 
     may be pursued by a veteran as part of a rehabilitation 
     program under this chapter only if the course is approved for 
     purposes of chapter 30 or 33 of this title.
       ``(B) The Secretary may waive the requirement under 
     subparagraph (A) to the extent the Secretary determines 
     appropriate.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to a course of education or training 
     pursued by a veteran who first begins a program of 
     rehabilitation under chapter 31 of title 38, United States 
     Code, on or after the date that is one year after the date of 
     the enactment of this Act.

     SEC. 4. AUTHORITY TO PRIORITIZE VOCATIONAL REHABILITATION 
                   SERVICES BASED ON NEED.

       Section 3104 of title 38, United States Code, as amended by 
     section 3, is further amended by adding at the end the 
     following new subsection:
       ``(c)(1) The Secretary shall have the authority to 
     administer this chapter by prioritizing the provision of 
     services under this chapter based on need, as determined by 
     the Secretary.
       ``(2) In evaluating need for purposes of this subsection, 
     the Secretary shall consider disability ratings, the severity 
     of employment handicaps, qualification for a program of 
     independent living services and assistance, income, and such 
     other factors as the Secretary considers appropriate.
       ``(3) Not later than 90 days before making any changes to 
     the prioritization of the provision of services under this 
     chapter as authorized under paragraph (1), the Secretary 
     shall submit to Congress a plan describing such changes.''.

     SEC. 5. CODIFICATION AND IMPROVEMENT OF ELECTION PROCESS FOR 
                   POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.

       (a) In General.--Subchapter III of chapter 33 of title 38, 
     United States Code, is amended--
       (1) by redesignating section 3325 as section 3326; and
       (2) by inserting after section 3324 the following new 
     section 3325:

     ``Sec. 3325. Election to receive educational assistance

       ``(a) Individuals Eligible to Elect Participation in Post-
     9/11 Educational Assistance.--An individual may elect to 
     receive educational assistance under this chapter if such 
     individual--
       ``(1) as of August 1, 2009--
       ``(A) is entitled to basic educational assistance under 
     chapter 30 of this title and has used, but retains unused, 
     entitlement under that chapter;
       ``(B) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10 and has used, but retains 
     unused, entitlement under the applicable chapter;
       ``(C) is entitled to basic educational assistance under 
     chapter 30 of this title but has not used any entitlement 
     under that chapter;
       ``(D) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10 but has not used any 
     entitlement under such chapter;
       ``(E) is a member of the Armed Forces who is eligible for 
     receipt of basic educational assistance under chapter 30 of 
     this title and is making contributions toward such assistance 
     under section 3011(b) or 3012(c) of this title; or
       ``(F) is a member of the Armed Forces who is not entitled 
     to basic educational assistance under chapter 30 of this 
     title by reason of an election under section 3011(c)(1) or 
     3012(d)(1) of this title; and
       ``(2) as of the date of the individual's election under 
     this paragraph, meets the requirements for entitlement to 
     educational assistance under this chapter.
       ``(b) Cessation of Contributions Toward GI Bill.--Effective 
     as of the first month beginning on or after the date of an 
     election under subsection (a) of an individual described by 
     paragraph (1)(E) of that subsection, the obligation of the 
     individual to make contributions under section 3011(b) or 
     3012(c) of this title, as applicable, shall cease, and the 
     requirements of such section shall be deemed to be no longer 
     applicable to the individual.
       ``(c) Revocation of Remaining Transferred Entitlement.--
       ``(1) Election to revoke.--If, on the date an individual 
     described in paragraph (1)(A) or (1)(C) of subsection (a) 
     makes an election under that subsection, a transfer of the 
     entitlement of the individual to basic educational assistance 
     under section 3020 of this title is in effect and a number of 
     months of the entitlement so transferred remain unutilized, 
     the individual may elect to revoke all or a portion of the 
     entitlement so transferred that remains unutilized.
       ``(2) Availability of revoked entitlement.--Any entitlement 
     revoked by an individual under this paragraph shall no longer 
     be available to the dependent to whom transferred, but shall 
     be available to the individual instead for educational 
     assistance under chapter 33 of this title in accordance with 
     the provisions of this section.
       ``(3) Availability of unrevoked entitlement.--Any 
     entitlement described in paragraph (1) that is not revoked by 
     an individual in accordance with that paragraph

[[Page S7076]]

     shall remain available to the dependent or dependents 
     concerned in accordance with the current transfer of such 
     entitlement under section 3020 of this title.
       ``(d) Post-9/11 Educational Assistance.--
       ``(1) In general.--Subject to paragraph (2) and except as 
     provided in subsection (e), an individual making an election 
     under subsection (a) shall be entitled to educational 
     assistance under this chapter in accordance with the 
     provisions of this chapter, instead of basic educational 
     assistance under chapter 30 of this title, or educational 
     assistance under chapter 107, 1606, or 1607 of title 10, as 
     applicable.
       ``(2) Limitation on entitlement for certain individuals.--
     In the case of an individual making an election under 
     subsection (a) who is described by paragraph (1)(A) of that 
     subsection, the number of months of entitlement of the 
     individual to educational assistance under this chapter shall 
     be the number of months equal to--
       ``(A) the number of months of unused entitlement of the 
     individual under chapter 30 of this title, as of the date of 
     the election, plus
       ``(B) the number of months, if any, of entitlement revoked 
     by the individual under subsection (c)(1).
       ``(e) Continuing Entitlement to Educational Assistance Not 
     Available Under 9/11 Assistance Program.--
       ``(1) In general.--In the event educational assistance to 
     which an individual making an election under subsection (a) 
     would be entitled under chapter 30 of this title, or chapter 
     107, 1606, or 1607 of title 10, as applicable, is not 
     authorized to be available to the individual under the 
     provisions of this chapter the individual shall remain 
     entitled to such educational assistance in accordance with 
     the provisions of the applicable chapter.
       ``(2) Charge for use of entitlement.--The utilization by an 
     individual of entitlement under paragraph (1) shall be 
     chargeable against the entitlement of the individual to 
     educational assistance under this chapter at the rate of one 
     month of entitlement under this chapter for each month of 
     entitlement utilized by the individual under paragraph (1) 
     (as determined as if such entitlement were utilized under the 
     provisions of chapter 30 of this title, or chapter 107, 1606, 
     or 1607 of title 10, as applicable).
       ``(f) Additional Post-9/11 Assistance for Members Having 
     Made Contributions Toward GI Bill.--
       ``(1) Additional assistance.--In the case of an individual 
     making an election under subsection (a) who is described by 
     subparagraph (A), (C), or (E) of paragraph (1) of that 
     subsection, the amount of educational assistance payable to 
     the individual under this chapter as a monthly stipend 
     payable under paragraph (1)(B) of section 3313(c) of this 
     title, or under paragraphs (2) through (7) of that section 
     (as applicable), shall be the amount otherwise payable as a 
     monthly stipend under the applicable paragraph increased by 
     the amount equal to--
       ``(A) the total amount of contributions toward basic 
     educational assistance made by the individual under section 
     3011(b) or 3012(c) of this title, as of the date of the 
     election, multiplied by
       ``(B) the fraction--
       ``(i) the numerator of which is--

       ``(I) the number of months of entitlement to basic 
     educational assistance under chapter 30 of this title 
     remaining to the individual at the time of the election; plus
       ``(II) the number of months, if any, of entitlement under 
     chapter 30 revoked by the individual under subsection (c)(1); 
     and

       ``(ii) the denominator of which is 36 months.
       ``(2) Months of remaining entitlement for certain 
     individuals.--In the case of an individual covered by 
     paragraph (1) who is described by subsection (a)(1)(E), the 
     number of months of entitlement to basic educational 
     assistance remaining to the individual for purposes of 
     paragraph (1)(B)(i)(II) shall be 36 months.
       ``(3) Timing of payment.--The amount payable with respect 
     to an individual under paragraph (1) shall be paid to the 
     individual together with the last payment of the monthly 
     stipend payable to the individual under paragraph (1)(B) of 
     section 3313(c) of this title, or under paragraphs (2) 
     through (7) of that section (as applicable), before the 
     exhaustion of the individual's entitlement to educational 
     assistance under this chapter.
       ``(g) Continuing Entitlement to Additional Assistance for 
     Critical Skills or Speciality and Additional Service.--An 
     individual making an election under subsection (a)(1) who, at 
     the time of the election, is entitled to increased 
     educational assistance under section 3015(d) of this title, 
     or section 16131(i) of title 10, or supplemental educational 
     assistance under subchapter III of chapter 30 of this title, 
     shall remain entitled to such increased educational 
     assistance or supplemental educational assistance in the 
     utilization of entitlement to educational assistance under 
     this chapter, in an amount equal to the quarter, semester, or 
     term, as applicable, equivalent of the monthly amount of such 
     increased educational assistance or supplemental educational 
     assistance payable with respect to the individual at the time 
     of the election.
       ``(h) Alternative Election by Secretary.--
       ``(1) In general.--In the case of an individual who, on or 
     after January 1, 2016, submits to the Secretary an election 
     under this section that the Secretary determines is clearly 
     against the interests of the individual, or who fails to make 
     an election under this section, the Secretary may make an 
     alternative election on behalf of the individual that the 
     Secretary determines is in the best interests of the 
     individual.
       ``(2) Notice.--If the Secretary makes an election on behalf 
     of an individual under this subsection, the Secretary shall 
     notify the individual by not later than seven days after 
     making such election and shall provide the individual with a 
     30-day period, beginning on the date of the individual's 
     receipt of such notice, during which the individual may 
     modify or revoke the election made by the Secretary on the 
     individual's behalf. The Secretary shall include, as part of 
     such notice, a clear statement of why the alternative 
     election made by the Secretary is in the best interests of 
     the individual as compared to the election submitted by the 
     individual. The Secretary shall provide the notice required 
     under this paragraph by electronic means whenever possible.
       ``(i) Irrevocability of Elections.--An election under 
     subsection (a) or (c)(1) is irrevocable.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by striking the item 
     relating to section 3325 and inserting the following new 
     items:

``3325. Election to receive educational assistance.
``3326. Reporting requirement.''.
       (c) Conforming Repeal.--Subsection (c) of section 5003 of 
     the Post-9/11 Veterans Educational Assistance Act of 2008 
     (Public Law 110-252; 38 U.S.C. 3301 note) is hereby repealed.

     SEC. 6. WORK-STUDY ALLOWANCE.

       Section 3485(a)(4) of title 38, United States Code, is 
     amended by striking ``June 30, 2013'' each place it appears 
     and inserting ``June 30, 2013, or the period beginning on 
     June 30, 2017, and ending on June 30, 2022''.

     SEC. 7. RETENTION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE 
                   DURING CERTAIN ADDITIONAL PERIODS OF ACTIVE 
                   DUTY.

       (a) Educational Assistance Allowance.--Section 
     16131(c)(3)(B)(i) of title 10, United States Code, is amended 
     by striking ``or 12304'' and inserting ``12304, 12304a, or 
     12304b''.
       (b) Expiration Date.--Section 16133(b)(4) of such title is 
     amended by striking ``or 12304'' and inserting ``12304, 
     12304a, or 12304b''.

     SEC. 8. REPORTS ON PROGRESS OF STUDENTS RECEIVING POST-9/11 
                   EDUCATIONAL ASSISTANCE.

       (a) In General.--Chapter 33 of title 38, United States 
     Code, as amended by section 5, is further amended--
       (1) in subsection 3326(c), as redesignated--
       (A) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) the information received by the Secretary under 
     section 3327 of this title; and''; and
       (2) by adding at the end the following new section:

     ``Sec. 3327. Report on student progress

       ``As a condition on approval under chapter 36 of this title 
     of a course offered by an educational institution (as defined 
     in section 3452 of this title), each year, each educational 
     institution (as so defined) that received a payment in that 
     year on behalf of an individual entitled to educational 
     assistance under this chapter shall submit to the Secretary 
     such information regarding the academic progress of the 
     individual as the Secretary may require.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter, as amended by section 5, is 
     further amended by adding at the end the following new item:

``3327. Report on student progress.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is one year after the date 
     of the enactment of this Act.

     SEC. 9. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY 
                   CERTAIN GROUPS, DISTRICTS, AND CONSORTIUMS OF 
                   EDUCATIONAL INSTITUTIONS.

       (a) In General.--Section 3684(a) of title 38, United States 
     Code, is amended--
       (1) in paragraph (1), by inserting ``32, 33,'' after 
     ``31,''; and
       (2) by adding at the end the following new paragraph:
       ``(4) For purposes of this subsection, the term 
     `educational institution' may include a group, district, or 
     consortium of separately accredited educational institutions 
     located in the same State that are organized in a manner that 
     facilitates the centralized reporting of the enrollments in 
     such group, district, or consortium of institutions.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to reports submitted on or after the 
     date of the enactment of this Act.

     SEC. 10. ROLE OF STATE APPROVING AGENCIES.

       (a) Approval of Certain Courses.--Section 3672(b)(2)(A) of 
     title 38, United States Code, is amended by striking ``the 
     following'' and all that follows through the colon and 
     inserting the following: ``a program of education is deemed 
     to be approved for purposes of this chapter if a State 
     approving agency, or the Secretary when acting in the role of 
     a State approving agency, determines that the program is one 
     of the following programs:''.
       (b) Approval of Other Courses.--Section 3675 of such title 
     is amended--

[[Page S7077]]

       (1) in subsection (a)(1)--
       (A) by striking ``The Secretary or a State approving 
     agency'' and inserting ``A State approving agency, or the 
     Secretary when acting in the role of a State approving 
     agency,''; and
       (B) by striking ``offered by proprietary for-profit 
     educational institutions'' and inserting ``not covered by 
     section 3672 of this title''; and
       (2) in subsection (b)--
       (A) in the matter before paragraph (1), by striking ``the 
     Secretary or the State approving agency'' and inserting ``the 
     State approving agency, or the Secretary when acting in the 
     role of a State approving agency,''; and
       (B) in paragraph (1), by striking ``the Secretary or the 
     State approving agency'' and inserting ``the State approving 
     agency, or the Secretary when acting in the role of a State 
     approving agency''.

     SEC. 11. MODIFICATION OF REQUIREMENTS FOR APPROVAL FOR 
                   PURPOSES OF EDUCATIONAL ASSISTANCE PROVIDED BY 
                   DEPARTMENT OF VETERANS AFFAIRS OF PROGRAMS 
                   DESIGNED TO PREPARE INDIVIDUALS FOR LICENSURE 
                   OR CERTIFICATION.

       (a) Approval of Nonaccredited Courses.--Subsection (c) of 
     section 3676 of title 38, United States Code, is amended--
       (1) by redesignating paragraph (14) as paragraph (16); and
       (2) by inserting after paragraph (13) the following new 
     paragraphs:
       ``(14) In the case of a course designed to prepare an 
     individual for licensure or certification in a State, the 
     course--
       ``(A) meets all instructional curriculum licensure or 
     certification requirements of such State; and
       ``(B) in the case of a course designed to prepare an 
     individual for licensure to practice law in a State, is 
     accredited by an accrediting agency or association recognized 
     by the Secretary of Education under subpart 2 of part H of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1099b).
       ``(15) In the case of a course designed to prepare an 
     individual for employment pursuant to standards developed by 
     a board or agency of a State in an occupation that requires 
     approval, licensure, or certification, the course--
       ``(A) meets such standards; and
       ``(B) in the case of a course designed to prepare an 
     individual for licensure to practice law in a State, is 
     accredited by an accrediting agency or association recognized 
     by the Secretary of Education under subpart 2 of part H of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1099b).''.
       (b) Exceptions.--Such section is further amended by adding 
     at the end the following new subsection:
       ``(f)(1) The Secretary may waive the requirements of 
     paragraph (14) or (15) of subsection (c) in the case of a 
     course of education offered by an educational institution 
     (either accredited or not accredited) if the Secretary 
     determines all of the following:
       ``(A) The educational institution is not accredited by an 
     agency or association recognized by the Secretary of 
     Education.
       ``(B) The course did not meet the requirements of such 
     paragraph at any time during the two-year period preceding 
     the date of the waiver.
       ``(C) The waiver furthers the purposes of the educational 
     assistance programs administered by the Secretary or would 
     further the education interests of individuals eligible for 
     assistance under such programs.
       ``(D) The educational institution does not provide any 
     commission, bonus, or other incentive payment based directly 
     or indirectly on success in securing enrollments or financial 
     aid to any persons or entities engaged in any student 
     recruiting or admission activities or in making decisions 
     regarding the award of student financial assistance, except 
     for the recruitment of foreign students residing in foreign 
     countries who are not eligible to receive Federal student 
     assistance.
       ``(2) Not later than 30 days after the date on which the 
     Secretary issues a waiver under paragraph (1), the Secretary 
     shall submit to Congress notice of such waiver and a 
     justification for issuing such waiver.''.
       (c) Approval of Accredited Courses.--Section 3675(b)(3) of 
     such title, as amended by section 10, is further amended--
       (1) by striking ``and (3)'' and inserting ``(3), (14), 
     (15), and (16)''; and
       (2) by inserting before the period at the end the 
     following: ``(or, with respect to such paragraphs (14) and 
     (15), the requirements under such paragraphs are waived 
     pursuant to subsection (f)(1) of section 3676 of this 
     title)''.
       (d) Approval of Accredited Standard College Degree Programs 
     Offered at Public or Not-for-profit Educational 
     Institutions.--Section 3672(b)(2) of such title is amended--
       (1) in subparagraph (A)(i), by striking ``An accredited'' 
     and inserting ``Except as provided in subparagraph (C), an 
     accredited''; and
       (2) by adding at the end the following new subparagraph:
       ``(C) A course that is described in both subparagraph 
     (A)(i) of this paragraph and in paragraph (14) or (15) of 
     section 3676(c) of this title shall not be deemed to be 
     approved for purposes of this chapter unless--
       ``(i) a State approving agency, or the Secretary when 
     acting in the role of a State approving agency, determines 
     that the course meets the applicable criteria in such 
     paragraphs; or
       ``(ii) the Secretary issues a waiver for such course under 
     section 3676(f)(1) of this title.''.
       (e) Disapproval of Courses.--Section 3679 of such title is 
     amended by adding at the end the following new subsection:
       ``(d) Notwithstanding any other provision of this chapter, 
     the Secretary or the applicable State approving agency shall 
     disapprove a course of education described in paragraph (14) 
     or (15) of section 3676(c) of this title unless the 
     educational institution providing the course of education--
       ``(1) publicly discloses any conditions or additional 
     requirements, including training, experience, or 
     examinations, required to obtain the license, certification, 
     or approval for which the course of education is designed to 
     provide preparation; and
       ``(2) makes each disclosure required by paragraph (1) in a 
     manner that the Secretary considers prominent (as specified 
     by the Secretary in regulations prescribed for purposes of 
     this subsection).''.
       (f) Applicability.--If after enrollment in a course of 
     education that is subject to disapproval by reason of an 
     amendment made by this Act, an individual pursues one or more 
     courses of education at the same educational institution 
     while remaining continuously enrolled (other than during 
     regularly scheduled breaks between courses, semesters, or 
     terms) at that institution, any course so pursued by the 
     individual at that institution while so continuously enrolled 
     shall not be subject to disapproval by reason of such 
     amendment.

     SEC. 12. COMPLIANCE SURVEYS.

       (a) In General.--Section 3693 of title 38, United States 
     Code, is amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection (a):
       ``(a)(1) Except as provided in subsection (b), the 
     Secretary shall conduct an annual compliance survey of 
     educational institutions and training establishments offering 
     one or more courses approved for the enrollment of eligible 
     veterans or persons if at least 20 such veterans or persons 
     are enrolled in any such course.
       ``(2) The Secretary shall--
       ``(A) design the compliance surveys required by paragraph 
     (1) to ensure that such institutions or establishments 
     described in such paragraph, as the case may be, and approved 
     courses are in compliance with all applicable provisions of 
     chapters 30 through 36 of this title;
       ``(B) survey each such educational institution and training 
     establishment not less than once during every two-year 
     period; and
       ``(C) assign not fewer than one education compliance 
     specialist to work on compliance surveys in any year for each 
     40 compliance surveys required to be made under this section 
     for such year.
       ``(3) The Secretary, in consultation with the State 
     approving agencies, shall--
       ``(A) annually determine the parameters of the surveys 
     required under paragraph (1); and
       ``(B) not later than September 1 of each year, make 
     available to the State approving agencies a list of the 
     educational institutions and training establishments that 
     will be surveyed during the fiscal year following the date of 
     making such list available.''; and
       (2) by adding at the end the following new subsection:
       ``(c) In this section, the terms `educational institution' 
     and `training establishment' have the meanings given such 
     terms in section 3452 of this title.''.
       (b) Conforming Amendments.--Subsection (b) of such section 
     is amended--
       (1) by striking ``subsection (a) of this section for an 
     annual compliance survey'' and inserting ``subsection (a)(1) 
     for a compliance survey'';
       (2) by striking ``institution'' and inserting ``educational 
     institution or training establishment''; and
       (3) by striking ``institution's demonstrated record of 
     compliance'' and inserting ``record of compliance of such 
     institution or establishment''.

     SEC. 13. TECHNICAL AMENDMENT RELATING TO IN-STATE TUITION 
                   RATE FOR INDIVIDUALS TO WHOM ENTITLEMENT IS 
                   TRANSFERRED UNDER ALL-VOLUNTEER FORCE 
                   EDUCATIONAL ASSISTANCE PROGRAM AND POST-9/11 
                   EDUCATIONAL ASSISTANCE.

       (a) Technical Amendment.--Subparagraph (B) of section 
     3679(c)(2) of title 38, United States Code, is amended to 
     read as follows:
       ``(B) An individual who is entitled to assistance under--
       ``(i) section 3311(b)(9) of this title; or
       ``(ii) section 3319 of this title by virtue of the 
     individual's relationship to--
       ``(I) a veteran described in subparagraph (A); or
       ``(II) a member of the uniformed services described in 
     section 3319(b) of this title who is serving on active 
     duty.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to a course, semester, or term that 
     begins after July 1, 2017.

     SEC. 14. AUTHORITY OF DIRECTORS OF VETERANS INTEGRATED 
                   SERVICE NETWORKS TO INVESTIGATE MEDICAL CENTERS 
                   OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--The Director of a Veterans Integrated 
     Service Network of the Department of Veterans Affairs may 
     contract with an appropriate entity specializing in civilian 
     accreditation or health care evaluation to investigate any 
     medical center within such Network to assess and report 
     deficiencies of the facilities at such medical center.

[[Page S7078]]

       (b) Coordination.--Before entering into any contract under 
     subsection (a), the Director of a Veterans Integrated Service 
     Network shall notify the Secretary of Veterans Affairs, the 
     Inspector General of the Department of Veterans Affairs, and 
     the Comptroller General of the United States for purposes of 
     coordinating any investigation conducted pursuant to such 
     contract with any other investigations or accreditations that 
     may be ongoing.
       (c) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to prevent the Office of the Inspector General of the 
     Department of Veterans Affairs from conducting any review, 
     audit, evaluation, or inspection regarding a topic for which 
     a review is conducted under subsection (a); or
       (2) to modify the requirement that employees of the 
     Department assist with any review, audit, evaluation, or 
     inspection conducted by the Office of the Inspector General 
     of the Department.
                                 ______
                                 
  SA 5183. Mr. PORTMAN (for Mr. Thune) proposed an amendment to the 
bill H.R. 710, to require the Secretary of Homeland Security to prepare 
a comprehensive security assessment of the transportation security card 
program, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL 
                   SECURITY CARD PROGRAM IMPROVEMENTS AND 
                   ASSESSMENT.

       (a) Credential Improvements.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration shall commence 
     actions, consistent with section 70105 of title 46, United 
     States Code, to improve the Transportation Security 
     Administration's process for vetting individuals with access 
     to secure areas of vessels and maritime facilities.
       (2) Required actions.--The actions described under 
     paragraph (1) shall include--
       (A) conducting a comprehensive risk analysis of security 
     threat assessment procedures, including--
       (i) identifying those procedures that need additional 
     internal controls; and
       (ii) identifying best practices for quality assurance at 
     every stage of the security threat assessment;
       (B) implementing the additional internal controls and best 
     practices identified under subparagraph (A);
       (C) improving fraud detection techniques, such as--
       (i) by establishing benchmarks and a process for electronic 
     document validation;
       (ii) by requiring annual training for Trusted Agents; and
       (iii) by reviewing any security threat assessment-related 
     information provided by Trusted Agents and incorporating any 
     new threat information into updated guidance under 
     subparagraph (D);
       (D) updating the guidance provided to Trusted Agents 
     regarding the vetting process and related regulations;
       (E) finalizing a manual for Trusted Agents and adjudicators 
     on the vetting process; and
       (F) establishing quality controls to ensure consistent 
     procedures to review adjudication decisions and terrorism 
     vetting decisions.
       (3) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Homeland Security shall submit a report to 
     Congress that evaluates the implementation of the actions 
     described in paragraph (1).
       (b) Comprehensive Security Assessment of the Transportation 
     Security Card Program.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall commission an assessment of the effectiveness of the 
     transportation security card program (referred to in this 
     section as ``Program'') required under section 70105 of title 
     46, United States Code, at enhancing security and reducing 
     security risks for facilities and vessels regulated under 
     chapter 701 of that title.
       (2) Location.--The assessment commissioned under paragraph 
     (1) shall be conducted by a research organization with 
     significant experience in port or maritime security, such 
     as--
       (A) a national laboratory;
       (B) a university-based center within the Science and 
     Technology Directorate's centers of excellence network; or
       (C) a qualified federally-funded research and development 
     center.
       (3) Contents.--The assessment commissioned under paragraph 
     (1) shall--
       (A) review the credentialing process by determining--
       (i) the appropriateness of vetting standards;
       (ii) whether the fee structure adequately reflects the 
     current costs of vetting;
       (iii) whether there is unnecessary redundancy or 
     duplication with other Federal- or State-issued 
     transportation security credentials; and
       (iv) the appropriateness of having varied Federal and State 
     threat assessments and access controls;
       (B) review the process for renewing applications for 
     Transportation Worker Identification Credentials, including 
     the number of days it takes to review application, appeal, 
     and waiver requests for additional information; and
       (C) review the security value of the Program by--
       (i) evaluating the extent to which the Program, as 
     implemented, addresses known or likely security risks in the 
     maritime and port environments;
       (ii) evaluating the potential for a non-biometric 
     credential alternative;
       (iii) identifying the technology, business process, and 
     operational impacts of the use of the transportation security 
     card and transportation security card readers in the maritime 
     and port environments;
       (iv) assessing the costs and benefits of the Program, as 
     implemented; and
       (v) evaluating the extent to which the Secretary of 
     Homeland Security has addressed the deficiencies in the 
     Program identified by the Government Accountability Office 
     and the Inspector General of the Department of Homeland 
     Security before the date of enactment of this Act.
       (4) Deadlines.--The assessment commissioned under paragraph 
     (1) shall be completed not later than 1 year after the date 
     on which the assessment is commissioned.
       (5) Submission to congress.--Not later than 60 days after 
     the date that the assessment is completed, the Secretary of 
     Homeland Security shall submit to the Committee on Commerce, 
     Science, and Transportation and the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives the results of the assessment commissioned 
     under this subsection.
       (c) Corrective Action Plan; Program Reforms.--If the 
     assessment commissioned under subsection (b) identifies a 
     deficiency in the effectiveness of the Program, the Secretary 
     of Homeland Security, not later than 60 days after the date 
     on which the assessment is completed, shall submit a 
     corrective action plan to the Committee on Commerce, Science, 
     and Transportation and the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on Homeland 
     Security and the Committee on Transportation and 
     Infrastructure of the House of Representatives that--
       (1) responds to findings of the assessment;
       (2) includes an implementation plan with benchmarks;
       (3) may include programmatic reforms, revisions to 
     regulations, or proposals for legislation; and
       (4) shall be considered in any rulemaking by the Department 
     of Homeland Security relating to the Program.
       (d) Inspector General Review.--If a corrective action plan 
     is submitted under subsection (c), the Inspector General of 
     the Department of Homeland Security shall--
       (1) not later than 120 days after the date of such 
     submission, review the extent to which such plan implements 
     the requirements under subsection (c); and
       (2) not later than 18 months after the date of such 
     submission, and annually thereafter for 3 years, submit a 
     report to the congressional committees set forth in 
     subsection (c) that describes the progress of the 
     implementation of such plan.
                                 ______
                                 
  SA 5184. Mr. PORTMAN (for Mr. Barrasso) proposed an amendment to the 
bill S. 1776, to enhance tribal road safety, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Tribal Infrastructure and 
     Roads Enhancement and Safety Act'' or the ``TIRES Act''.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Interior.

     SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN 
                   TRIBAL TRANSPORTATION FACILITIES.

       (a) Definition of Tribal Transportation Safety Project.--
       (1) In general.--In this section, the term ``tribal 
     transportation safety project'' means a project described in 
     paragraph (2) that is eligible for funding under section 202 
     of title 23, United States Code, and that--
       (A) corrects or improves a hazardous road location or 
     feature; or
       (B) addresses a highway safety problem.
       (2) Projects described.--A project described in this 
     paragraph is a project for 1 or more of the following:
       (A) An intersection safety improvement.
       (B) Pavement and shoulder widening (including the addition 
     of a passing lane to remedy an unsafe condition).
       (C) Installation of rumble strips or another warning 
     device, if the rumble strips or other warning devices do not 
     adversely affect the safety or mobility of bicyclists and 
     pedestrians, including persons with disabilities.
       (D) Installation of a skid-resistant surface at an 
     intersection or other location with a high frequency of 
     crashes.
       (E) An improvement for pedestrian or bicyclist safety or 
     the safety of persons with disabilities.
       (F) Construction and improvement of a railway-highway grade 
     crossing safety feature, including the installation of 
     protective devices.
       (G) The conduct of a model traffic enforcement activity at 
     a railway-highway crossing.
       (H) Construction of a traffic calming feature.
       (I) Elimination of a roadside hazard.

[[Page S7079]]

       (J) Installation, replacement, and other improvements of 
     highway signage and pavement markings or a project to 
     maintain minimum levels of retroreflectivity that addresses a 
     highway safety problem consistent with a State strategic 
     highway safety plan.
       (K) Installation of a priority control system for emergency 
     vehicles at signalized intersections.
       (L) Installation of a traffic control or other warning 
     device at a location with high crash potential.
       (M) Transportation safety planning.
       (N) Collection, analysis, and improvement of safety data.
       (O) Planning integrated interoperable emergency 
     communications equipment, operational activities, or traffic 
     enforcement activities (including police assistance) relating 
     to work zone safety.
       (P) Installation of guardrails, barriers (including 
     barriers between construction work zones and traffic lanes 
     for the safety of road users and workers), and crash 
     attenuators.
       (Q) The addition or retrofitting of structures or other 
     measures to eliminate or reduce crashes involving vehicles 
     and wildlife.
       (R) Installation of yellow-green signs and signals at 
     pedestrian and bicycle crossings and in school zones.
       (S) Construction and operational improvements on a high 
     risk rural road (as defined in section 148(a) of title 23, 
     United States Code).
       (T) Geometric improvements to a road for the purposes of 
     safety improvement.
       (U) A road safety audit.
       (V) Roadway safety infrastructure improvements consistent 
     with the recommendations included in the publication of the 
     Federal Highway Administration entitled ``Handbook for 
     Designing Roadways for the Aging Population'' (FHWA-SA-14-
     015), dated June 2014 (or a revised or updated publication).
       (W) Truck parking facilities eligible for funding under 
     section 1401 of MAP-21 (23 U.S.C. 137 note; Public Law 112-
     141).
       (X) Systemic safety improvements.
       (Y) Installation of vehicle-to-infrastructure communication 
     equipment.
       (Z) Pedestrian hybrid beacons.
       (AA) Roadway improvements that provide separation between 
     pedestrians and motor vehicles, including medians and 
     pedestrian crossing islands.
       (BB) A physical infrastructure safety project not described 
     in subparagraphs (A) through (AA).
       (b) New Categorical Exclusions.--
       (1) Review of existing categorical exclusions.--The 
     Secretary shall review the categorical exclusions under 
     section 771.117 of title 23, Code of Federal Regulations (or 
     successor regulations), to determine which, if any, are 
     applicable for use by the Secretary in review of projects 
     eligible for assistance under section 202 of title 23, United 
     States Code.
       (2) Review of tribal transportation safety projects.--The 
     Secretary shall identify tribal transportation safety 
     projects that meet the requirements for categorical 
     exclusions under sections 1507.3 and 1508.4 of title 40, Code 
     of Federal Regulations.
       (3) Proposal.--The Secretary shall issue a proposed rule, 
     in accordance with sections 1507.3 and 1508.4 of title 40, 
     Code of Federal Regulations, to propose any categorical 
     exclusions identified under paragraphs (1) and (2).
       (4) Deadline.--Not later than 180 days after the date of 
     enactment of this Act, and after considering any comments on 
     the proposed rule issued under paragraph (3), the Secretary 
     shall promulgate a final rule for the categorical exclusions, 
     in accordance with sections 1507.3 and 1508.4 of title 40, 
     Code of Federal Regulations.
       (5) Technical assistance.--The Secretary of Transportation 
     shall provide technical assistance to the Secretary in 
     carrying out this subsection.
       (c) Reviews of Tribal Transportation Safety Projects.--
       (1) In general.--The Secretary or the head of another 
     Federal agency responsible for a decision related to a tribal 
     transportation safety project shall complete any approval or 
     decision for the review of the tribal transportation safety 
     project required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) or any other applicable 
     Federal law on an expeditious basis using the shortest 
     existing applicable process.
       (2) Review of applications.--Not later than 45 days after 
     the date of receipt of a complete application by an Indian 
     tribe for approval of a tribal transportation safety project, 
     the Secretary shall--
       (A) take final action on the application; or
       (B) provide the Indian tribe a schedule for completion of 
     the review described in paragraph (1), including the 
     identification of any other Federal agency that has 
     jurisdiction with respect to the project.
       (3) Decisions under other federal laws.--In any case in 
     which a decision under any other Federal law relating to a 
     tribal transportation safety project (including the issuance 
     or denial of a permit or license) is required, not later than 
     45 days after the Secretary has made all decisions of the 
     lead agency under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) with respect to the project, 
     the head of the Federal agency responsible for the decision 
     shall--
       (A) make the applicable decision; or
       (B) provide the Indian tribe a schedule for making the 
     decision.
       (4) Extensions.--The Secretary or the head of an applicable 
     Federal agency may extend the period under paragraph (2) or 
     (3), as applicable, by an additional 30 days by providing the 
     Indian tribe notice of the extension, including a statement 
     of the need for the extension.
       (5) Notification and explanation.--In any case in which a 
     required action is not completed by the deadline under 
     paragraph (2), (3), or (4), as applicable, the Secretary or 
     the head of a Federal agency, as applicable, shall--
       (A) notify the Committee on Indian Affairs of the Senate 
     and the Committee on Natural Resources of the House of 
     Representatives of the failure to comply with the deadline; 
     and
       (B) provide to the Committees described in subparagraph (A) 
     a detailed explanation of the reasons for the failure to 
     comply with the deadline.

     SEC. 4. PROGRAMMATIC AGREEMENTS FOR CATEGORICAL EXCLUSIONS.

       (a) In General.--The Secretary shall enter into 
     programmatic agreements with Indian tribes that establish 
     efficient administrative procedures for carrying out 
     environmental reviews for projects eligible for assistance 
     under section 202 of title 23, United States Code.
       (b) Inclusions.--A programmatic agreement under subsection 
     (a)--
       (1) may include an agreement that allows an Indian tribe to 
     determine, on behalf of the Secretary, whether a project is 
     categorically excluded from the preparation of an 
     environmental assessment or environmental impact statement 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (2) shall--
       (A) require that the Indian tribe maintain adequate 
     capacity in terms of personnel and other resources to carry 
     out applicable agency responsibilities pursuant to section 
     1507.2 of title 40, Code of Federal Regulations (or successor 
     regulations);
       (B) set forth the responsibilities of the Indian tribe for 
     making categorical exclusion determinations, documenting the 
     determinations, and achieving acceptable quality control and 
     quality assurance;
       (C) allow--
       (i) the Secretary to monitor compliance of the Indian tribe 
     with the terms of the agreement; and
       (ii) the Indian tribe to execute any needed corrective 
     action;
       (D) contain stipulations for amendments, termination, and 
     public availability of the agreement once the agreement has 
     been executed; and
       (E) have a term of not more than 5 years, with an option 
     for renewal based on a review by the Secretary of the 
     performance of the Indian tribe.
                                 ______
                                 
  SA 5185. Mr. PORTMAN (for Mr. King) proposed an amendment to the bill 
H.R. 4245, to exempt exportation of certain echinoderms and mollusks 
from licensing requirements under the Endangered Species Act of 1973; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. EXPEDITED EXPORTATION OF CERTAIN SPECIES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the United States Fish 
     and Wildlife Service (referred to in this section as the 
     ``Director'') shall issue a proposed rule to amend section 
     14.92 of title 50, Code of Federal Regulations, to establish 
     expedited procedures relating to the export permission 
     requirements of section 9(d)(1) of the Endangered Species Act 
     of 1973 (16 U.S.C. 1538(d)(1)) for fish or wildlife described 
     in subsection (c).
       (b) Exemptions.--
       (1) In general.--As part of the rulemaking under subsection 
     (a), subject to paragraph (2), the Director may provide an 
     exemption from the requirement to procure--
       (A) permission under section 9(d)(1) of the Endangered 
     Species Act of 1973 (16 U.S.C. 1538(d)(1)); or
       (B) an export license under subpart I of part 14 of title 
     50, Code of Federal Regulations.
       (2) Limitations.--The Director shall not provide an 
     exemption under paragraph (1)--
       (A) unless the Director determines that the exemption will 
     not have a significant negative impact on the conservation of 
     the species that is the subject of the exemption; or
       (B) to an entity that has been convicted of a violation of 
     a Federal law relating to the importation, transportation, or 
     exportation of wildlife during a period of not less than 5 
     years ending on the date on which the entity applies for 
     exemption under paragraph (1).
       (c) Covered Fish or Wildlife.--The fish or wildlife 
     described in this subsection are the species commonly known 
     as sea urchins and sea cucumbers (including any product of a 
     sea urchin or sea cucumber) that--
       (1) do not require a permit under part 16, 17, or 23 of 
     title 50, Code of Federal Regulations; and
       (2) are exported for purposes of human or animal 
     consumption.
                                 ______
                                 
  SA 5186. Mr. PORTMAN (for Mr. Gardner (for himself and Mr. Peters)) 
proposed an amendment to the bill S. 3084, to invest in innovation 
through research and development, and to improve the competitiveness of 
the United States; as follows:


[[Page S7080]]


  

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``American 
     Innovation and Competitiveness Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                   TITLE I--MAXIMIZING BASIC RESEARCH

Sec. 101. Reaffirmation of merit-based peer review.
Sec. 102. Transparency and accountability.
Sec. 103. EPSCoR reaffirmation and update.
Sec. 104. Cybersecurity research.
Sec. 105. Networking and Information Technology Research and 
              Development Update.
Sec. 106. Physical sciences coordination.
Sec. 107. Laboratory program improvements.
Sec. 108. Standard Reference Data Act update.
Sec. 109. NSF mid-scale project investments.
Sec. 110. Oversight of NSF major multi-user research facility projects.
Sec. 111. Personnel oversight.
Sec. 112. Management of the U.S. Antarctic Program.
Sec. 113. NIST campus security.
Sec. 114. Coordination of sustainable chemistry research and 
              development.
Sec. 115. Misrepresentation of research results.
Sec. 116. Research reproducibility and replication.
Sec. 117. Brain Research through Advancing Innovative Neurotechnologies 
              Initiative.

        TITLE II--ADMINISTRATIVE AND REGULATORY BURDEN REDUCTION

Sec. 201. Interagency working group on research regulation.
Sec. 202. Scientific and technical collaboration.
Sec. 203. NIST grants and cooperative agreements update.
Sec. 204. Repeal of certain obsolete reports.
Sec. 205. Repeal of certain provisions.
Sec. 206. Grant subrecipient transparency and oversight.
Sec. 207. Micro-purchase threshold for procurement solicitations by 
              research institutions.
Sec. 208. Coordination of international science and technology 
              partnerships.

    TITLE III--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH EDUCATION

Sec. 301. Robert Noyce Teacher Scholarship Program update.
Sec. 302. Space grants.
Sec. 303. STEM Education Advisory Panel.
Sec. 304. Committee on STEM Education.
Sec. 305. Programs to expand STEM opportunities.
Sec. 306. NIST education and outreach.
Sec. 307. Presidential awards for excellence in STEM mentoring.
Sec. 308. Working group on inclusion in STEM fields.
Sec. 309. Improving undergraduate STEM experiences.
Sec. 310. Computer science education research.
Sec. 311. Informal STEM education.
Sec. 312. Developing STEM apprenticeships.
Sec. 313. NSF report on broadening participation.
Sec. 314. NOAA science education programs.
Sec. 315. Hispanic-serving institutions undergraduate program update.

                TITLE IV--LEVERAGING THE PRIVATE SECTOR

Sec. 401. Prize competition authority update.
Sec. 402. Crowdsourcing and citizen science.
Sec. 403. NIST director functions update.
Sec. 404. NIST Visiting Committee on Advanced Technology update.

                         TITLE V--MANUFACTURING

Sec. 501. Hollings manufacturing extension partnership improvements.

              TITLE VI--INNOVATION AND TECHNOLOGY TRANSFER

Sec. 601. Innovation corps.
Sec. 602. Translational research grants.
Sec. 603. Optics and photonics technology innovations.
Sec. 604. United States chief technology officer.
Sec. 605. National research council study on technology for emergency 
              notifications on campuses.

     SEC. 2. DEFINITIONS.

       In this Act, unless expressly provided otherwise:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Science, Space, and Technology of the House of 
     Representatives.
       (2) Federal science agency.--The term ``Federal science 
     agency'' has the meaning given the term in section 103 of the 
     America COMPETES Reauthorization Act of 2010 (42 U.S.C. 
     6623).
       (3) Foundation.--The term ``Foundation'' means the National 
     Science Foundation.
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (5) NIST.--The term ``NIST'' means the National Institute 
     of Standards and Technology.
       (6) STEM.--The term ``STEM'' has the meaning given the term 
     in section 2 of the American COMPETES Reauthorization Act of 
     2010 (42 U.S.C. 6621 note).
       (7) STEM education.--The term ``STEM education'' has the 
     meaning given the term in section 2 of the STEM Education Act 
     of 2015 (42 U.S.C. 6621 note).

                   TITLE I--MAXIMIZING BASIC RESEARCH

     SEC. 101. REAFFIRMATION OF MERIT-BASED PEER REVIEW.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) sustained, predictable Federal funding of basic 
     research is essential to United States leadership in science 
     and technology;
       (2) the Foundation's intellectual merit and broader impacts 
     criteria are appropriate for evaluating grant proposals, as 
     concluded by the 2011 National Science Board Task Force on 
     Merit Review;
       (3) evaluating proposals on the basis of the Foundation's 
     intellectual merit and broader impacts criteria should be 
     used to assure that the Foundation's activities are in the 
     national interest as these reviews can affirm that--
       (A) the proposals funded by the Foundation are of high 
     quality and advance scientific knowledge; and
       (B) the Foundation's grants address societal needs through 
     basic research findings or through related activities; and
       (4) as evidenced by the Foundation's contributions to 
     scientific advancement, economic growth, human health, and 
     national security, its peer review and merit review processes 
     have identified and funded scientifically and societally 
     relevant basic research and should be preserved.
       (b) Merit Review Criteria.--The Foundation shall maintain 
     the intellectual merit and broader impacts criteria, among 
     other specific criteria as appropriate, as the basis for 
     evaluating grant proposals in the merit review process.
       (c) Updates.--If after the date of enactment of this Act a 
     change is made to the merit-review process, the Director 
     shall submit a report to the appropriate committees of 
     Congress not later than 30 days after the date of the change.

     SEC. 102. TRANSPARENCY AND ACCOUNTABILITY.

       (a) Findings.--
       (1) building the understanding of and confidence in 
     investments in basic research is essential to public support 
     for sustained, predictable Federal funding;
       (2) the Foundation has improved transparency and 
     accountability of the outcomes made through the merit review 
     process, but additional transparency into individual grants 
     is valuable in communicating and assuring the public value of 
     federally funded research; and
       (3) the Foundation should commit to transparency and 
     accountability and to clear, consistent public communication 
     regarding the national interest for each Foundation-awarded 
     grant and cooperative agreement.
       (b) Guidance.--
       (1) In general.--The Director of the Foundation shall issue 
     and periodically update, as appropriate, policy guidance for 
     both Foundation staff and other Foundation merit review 
     process participants on the importance of transparency and 
     accountability to the outcomes made through the merit review 
     process.
       (2) Requirements.--The guidance under paragraph (1) shall 
     require that each public notice of a Foundation-funded 
     research project justify the expenditure of Federal funds 
     by--
       (A) describing how the project--
       (i) reflects the statutory mission of the Foundation, as 
     established in the National Science Foundation Act of 1950 
     (42 U.S.C. 1861 et seq.); and
       (ii) addresses the Foundation's intellectual merit and 
     broader impacts criteria; and
       (B) clearly identifying the research goals of the project 
     in a manner that can be easily understood by both technical 
     and non-technical audiences.
       (c) Broader Impacts Review Criterion Update.--Section 
     526(a) of the America COMPETES Reauthorization Act of 2010 
     (42 U.S.C. 1862p-14(a)) is amended to read as follows:
       ``(a) Goals.--The Foundation shall apply a broader impacts 
     review criterion to identify and demonstrate project support 
     of the following goals:
       ``(1) Increasing the economic competitiveness of the United 
     States.
       ``(2) Advancing of the health and welfare of the American 
     public.
       ``(5) Developing an American STEM workforce that is 
     globally competitive through improved pre-kindergarten 
     through grade 12 STEM education and teacher development, and 
     improved undergraduate STEM education and instruction.
       ``(6) Improving public scientific literacy and engagement 
     with science and technology in the United States.
       ``(4) Enhancing partnerships between academia and industry 
     in the United States.
       ``(3) Supporting the national defense of the United States.
       ``(7) Expanding participation of women and individuals from 
     underrepresented groups in STEM.''.

     SEC. 103. EPSCOR REAFFIRMATION AND UPDATE.

       (a) Findings.--Section 517(a) of the America COMPETES 
     Reauthorization Act of 2010 (42 U.S.C. 1862p-9(a)) is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``The National'' and inserting ``the 
     National''; and

[[Page S7081]]

       (B) by striking ``education,'' and inserting ``education'';
       (2) in paragraph (2), by striking ``with 27 States'' and 
     all that follows through the semicolon at the end and 
     inserting ``with 28 States and jurisdictions, taken together, 
     receiving only about 12 percent of all National Science 
     Foundation research funding;'';
       (3) by striking paragraph (3) and inserting the following:
       ``(3) each of the States described in paragraph (2) 
     receives only a fraction of 1 percent of the Foundation's 
     research dollars each year;''; and
       (4) by adding at the end the following:
       ``(4) first established at the National Science Foundation 
     in 1979, the Experimental Program to Stimulate Competitive 
     Research (referred to in this section as `EPSCoR') assists 
     States and jurisdictions historically underserved by Federal 
     research and development funding in strengthening their 
     research and innovation capabilities;
       ``(5) the EPSCoR structure requires each participating 
     State to develop a science and technology plan suited to 
     State and local research, education, and economic interests 
     and objectives;
       ``(6) EPSCoR has been credited with advancing the research 
     competitiveness of participating States, improving awareness 
     of science, promoting policies that link scientific 
     investment and economic growth, and encouraging partnerships 
     between government, industry, and academia;
       ``(7) EPSCoR proposals are evaluated through a rigorous and 
     competitive merit-review process to ensure that awarded 
     research and development efforts meet high scientific 
     standards; and
       ``(8) according to the National Academy of Sciences, EPSCoR 
     has strengthened the national research infrastructure and 
     enhanced the educational opportunities needed to develop the 
     science and engineering workforce.''.
       (b) Sense of Congress.--
       (1) In general.--It is the sense of Congress that--
       (A) since maintaining the Nation's scientific and economic 
     leadership requires the participation of talented individuals 
     nationwide, EPSCoR investments into State research and 
     education capacities are in the Federal interest and should 
     be sustained; and
       (B) EPSCoR should maintain its experimental component by 
     supporting innovative methods for improving research capacity 
     and competitiveness.
       (2) Definition of epscor.--In this subsection, the term 
     ``EPSCoR'' has the meaning given the term in section 502 of 
     the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 
     1862p note).
       (c) Award Structure Updates.--Section 517 of the America 
     COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9) is 
     amended by adding at the end the following:
       ``(g) Award Structure Updates.--In implementing the mandate 
     to maximize the impact of Federal EPSCoR support on building 
     competitive research infrastructure, and based on the inputs 
     and recommendations of previous EPSCoR reviews, the head of 
     each Federal agency administering an EPSCoR program shall--
       ``(1) consider modifications to EPSCoR proposal 
     solicitation, award type, and project evaluation--
       ``(A) to more closely align with current agency priorities 
     and initiatives;
       ``(B) to focus EPSCoR funding on achieving critical 
     scientific, infrastructure, and educational needs of that 
     agency;
       ``(C) to encourage collaboration between EPSCoR-eligible 
     institutions and researchers, including with institutions and 
     researchers in other States and jurisdictions;
       ``(D) to improve communication between State and Federal 
     agency proposal reviewers; and
       ``(E) to continue to reduce administrative burdens 
     associated with EPSCoR;
       ``(2) consider modifications to EPSCoR award structures--
       ``(A) to emphasize long-term investments in building 
     research capacity, potentially through the use of larger, 
     renewable funding opportunities; and
       ``(B) to allow the agency, States, and jurisdictions to 
     experiment with new research and development funding models; 
     and
       ``(3) consider modifications to the mechanisms used to 
     monitor and evaluate EPSCoR awards--
       ``(A) to increase collaboration between EPSCoR-funded 
     researchers and agency staff, including by providing 
     opportunities for mentoring young researchers and for the use 
     of Federal facilities;
       ``(B) to identify and disseminate best practices; and
       ``(C) to harmonize metrics across participating Federal 
     agencies, as appropriate.''.
       (d) Reports.--
       (1) Congressional reports.--Section 517 of the America 
     COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9), as 
     amended, is further amended--
       (A) by striking subsection (c);
       (B) by redesignating subsections (d) through (g) as 
     subsections (c) through (f), respectively;
       (C) in subsection (c), as redesignated--
       (i) in paragraph (1), by striking ``Experimental Programs 
     to Stimulate Competitive Research'' and inserting ``EPSCoR''; 
     and
       (ii) in paragraph (2)--

       (I) in subparagraphs (A) and (E), by striking ``EPSCoR and 
     Federal EPSCoR-like programs'' and inserting ``each EPSCoR'';
       (II) in subparagraph (D), by striking ``EPSCoR and other 
     Federal EPSCoR-like programs'' and inserting ``each EPSCoR'';
       (III) in subparagraph (E), by striking ``EPSCoR or Federal 
     EPSCoR-like programs'' and inserting ``each EPSCoR''; and
       (IV) in subparagraph (G), by striking ``EPSCoR programs'' 
     and inserting ``each EPSCoR''; and

       (D) by amending subsection (d), as redesignated, to read as 
     follows:
       ``(d) Federal Agency Reports.--Each Federal agency that 
     administers an EPSCoR shall submit to Congress, as part of 
     its Federal budget submission--
       ``(1) a description of the program strategy and objectives;
       ``(2) a description of the awards made in the previous 
     fiscal year, including--
       ``(A) the total amount made available, by State, under 
     EPSCoR;
       ``(B) the total amount of agency funding made available to 
     all institutions and entities within each EPSCoR State;
       ``(C) the efforts and accomplishments to more fully 
     integrate the EPSCoR States in major agency activities and 
     initiatives;
       ``(D) the percentage of EPSCoR reviewers from EPSCoR 
     States; and
       ``(E) the number of programs or large collaborator awards 
     involving a partnership of organizations and institutions 
     from EPSCoR and non-EPSCoR States; and
       ``(3) an analysis of the gains in academic research quality 
     and competitiveness, and in science and technology human 
     resource development, achieved by the program over the last 5 
     fiscal years.''; and
       (E) in subsection (e)(1), as redesignated, by striking 
     ``Experimental Program to Stimulate Competitive Research or a 
     program similar to the Experimental Program to Stimulate 
     Competitive Research'' and inserting ``EPSCoR''.
       (2) Results of award structure plan.--Not later than 1 year 
     after the date of enactment of this Act, the EPSCoR 
     Interagency Coordinating Committee shall brief the 
     appropriate committees of Congress on the updates made to the 
     award structure under 517(f) of the America COMPETES 
     Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)), as 
     amended by this subsection.
       (e) Definition of EPSCoR.--
       (1) In general.--Section 502 of the America COMPETES 
     Reauthorization Act of 2010 (42 U.S.C. 1862p note) is amended 
     by amending paragraph (2) to read as follows:
       ``(2) EPSCoR.--The term `EPSCoR' means--
       ``(A) the Established Program to Stimulate Competitive 
     Research established by the Foundation; or
       ``(B) a program similar to the Established Program to 
     Stimulate Competitive Research at another Federal agency.''.
       (2) Technical and conforming amendments.--Section 113 of 
     the National Science Foundation Authorization Act of 1988 (42 
     U.S.C. 1862g) is amended--
       (A) in the heading, by striking ``experimental'' and 
     inserting ``established'';
       (B) in subsection (a), by striking ``an Experimental 
     Program to Stimulate Competitive Research'' and inserting ``a 
     program to stimulate competitive research (known as the 
     `Established Program to Stimulate Competitive Research')''; 
     and
       (C) in subsection (b), by striking ``the program'' and 
     inserting ``the Program''.

     SEC. 104. CYBERSECURITY RESEARCH.

       (a) Foundation Cybersecurity Research.--Section 4(a)(1) of 
     the Cyber Security Research and Development Act, as amended 
     (15 U.S.C. 7403(a)(1)) is amended--
       (1) in subparagraph (O), by striking ``and'' at the end;
       (2) in subparagraph (P), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(Q) security of election-dedicated voting system software 
     and hardware; and
       ``(R) role of the human factor in cybersecurity and the 
     interplay of computers and humans and the physical world.''.
       (b) NIST Cybersecurity Priorities.--
       (1) Critical infrastructure awareness.--The Director of 
     NIST shall continue to raise public awareness of the 
     voluntary, industry-led cybersecurity standards and best 
     practices for critical infrastructure developed under section 
     2(c)(15) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 272(c)(15)).
       (2) Quantum computing.--Under section 2(b) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 272(b)) 
     and section 20 of that Act (15 U.S.C. 278g-3), the Director 
     of NIST shall--
       (A) research information systems for future cybersecurity 
     needs; and
       (B) coordinate with relevant stakeholders to develop a 
     process--
       (i) to research and identify or, if necessary, develop 
     cryptography standards and guidelines for future 
     cybersecurity needs, including quantum-resistant cryptography 
     standards; and
       (ii) to provide recommendations to Congress, Federal 
     agencies, and industry consistent with the National 
     Technology Transfer and Advancement Act of 1995 (Public Law 
     104-113; 110 Stat. 775), for a secure and smooth transition 
     to the standards under clause (i).
       (3) Federal information systems research and development.--
     Section 20(d)(3) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3(d)(3)) is amended to read as 
     follows:

[[Page S7082]]

       ``(3) conduct research and analysis--
       ``(A) to determine the nature and extent of information 
     security vulnerabilities and techniques for providing cost-
     effective information security;
       ``(B) to review and determine prevalent information 
     security challenges and deficiencies identified by agencies 
     or the Institute, including any challenges or deficiencies 
     described in any of the annual reports under section 3553 or 
     3554 of title 44, United States Code, and in any of the 
     reports and the independent evaluations under section 3555 of 
     that title, that may undermine the effectiveness of agency 
     information security programs and practices; and
       ``(C) to evaluate the effectiveness and sufficiency of, and 
     challenges to, Federal agencies' implementation of standards 
     and guidelines developed under this section and policies and 
     standards promulgated under section 11331 of title 40, United 
     States Code;''.
       (4) Voting.--Section 2(c) of the National Institute of 
     Standards and Technology Act (15 U.S.C. 272(c)) is amended--
       (A) by redesignating paragraphs (16) through (23) as 
     paragraphs (17) through (24), respectively; and
       (B) by inserting after paragraph (15) the following:
       ``(16) perform research to support the development of 
     voluntary, consensus-based, industry-led standards and 
     recommendations on the security of computers, computer 
     networks, and computer data storage used in election systems 
     to ensure voters can vote securely and privately.''.

     SEC. 105. NETWORKING AND INFORMATION TECHNOLOGY RESEARCH AND 
                   DEVELOPMENT UPDATE.

       (a) Short Title.--This section may be cited as the 
     ``Networking and Information Technology Research and 
     Development Modernization Act of 2016''.
       (b) Findings.--Section 2 of the High-Performance Computing 
     Act of 1991 (15 U.S.C. 5501) is amended--
       (1) in paragraphs (2) and (5), by striking ``high-
     performance computing'' and inserting ``networking and 
     information technology, including high-performance 
     computing,''; and
       (2) in paragraph (3), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology, including high-performance computing'';
       (c) Purposes.--Section 3 of the High-Performance Computing 
     Act of 1991 (15 U.S.C. 5502) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``high-performance computing'' and inserting ``networking and 
     information technology'';
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``expanding Federal support for research, development, and 
     application of high-performance computing'' and inserting 
     ``supporting Federal research, development, and application 
     of networking and information technology'';
       (B) in subparagraph (A), by striking ``high-performance 
     computing'' both places it appears and inserting ``networking 
     and information technology'';
       (C) by striking subparagraphs (C) and (D);
       (D) by inserting after subparagraph (B) the following:
       ``(C) stimulate research on and promote more rapid 
     development of high-end computing systems software and 
     applications software;'';
       (E) by redesignating subparagraphs (E) through (H) as 
     subparagraphs (D) through (G), respectively;
       (F) in subparagraph (D), as redesignated, by inserting 
     ``high-end'' after ``the development of'';
       (G) in subparagraphs (E) and (F), as redesignated, by 
     striking ``high-performance computing'' each place it appears 
     and inserting ``networking and information technology''; and
       (H) in subparagraph (G), as redesignated, by striking 
     ``high-performance'' and inserting ``high-end''; and
       (3) in paragraph (2)--
       (A) by striking ``high-performance computing and'' and 
     inserting ``networking and information technology and''; and
       (B) by striking ``high-performance computing network'' and 
     inserting ``networking and information technology''.
       (d) Definitions.--Section 4 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5503) is amended--
       (1) by striking paragraphs (3) and (5);
       (2) by redesignating paragraphs (1), (2), (4), (6), and (7) 
     as paragraphs (2), (3), (5), (8), and (9), respectively;
       (3) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) `cyber-physical systems' means physical or engineered 
     systems whose networking and information technology functions 
     and physical elements are deeply integrated and are actively 
     connected to the physical world through sensors, actuators, 
     or other means to enable safe and effective, real-time 
     performance in safety-critical and other applications;'';
       (4) in paragraph (3), as redesignated, by striking ``high-
     performance computing'' and inserting ``networking and 
     information technology'';
       (5) by inserting after paragraph (3), as redesignated, the 
     following:
       ``(4) `high-end computing' means the most advanced and 
     capable computing systems, including their hardware, storage, 
     networking and software, encompassing both massive 
     computational capability and large-scale data analytics to 
     solve computational problems of national importance that are 
     beyond the capability of small- to medium-scale systems, 
     including computing formerly known as high-performance 
     computing;'';
       (6) by inserting after paragraph (5), as redesignated, the 
     following:
       ``(6) `networking and information technology' means high-
     end computing, communications, and information technologies, 
     high-capacity and high-speed networks, special purpose and 
     experimental systems, high-end computing systems software and 
     applications software, and the management of large data sets;
       ``(7) `participating agency' means an agency described in 
     section 101(a)(3)(C);''; and
       (7) in paragraph (8), as redesignated, by striking 
     ``National High-Performance Computing Program'' and inserting 
     ``Networking and Information Technology Research and 
     Development Program''.
       (e) Title I Heading.--The heading of title I of the High-
     Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is 
     amended by striking ``HIGH-PERFORMANCE COMPUTING'' and 
     inserting ``NETWORKING AND INFORMATION TECHNOLOGY''.
       (f) Networking and Information Technology Research and 
     Development Program.--Section 101 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5511) is amended--
       (1) in the section heading, by striking ``national high-
     performance computing program'' and inserting ``networking 
     and information technology research and development 
     program'';
       (2) in subsection (a)--
       (A) in the subsection heading, by striking ``National High-
     Performance Computing Program'' and inserting ``Networking 
     and Information Technology Research and Development'';
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``National High-Performance Computing Program'' and inserting 
     ``Networking and Information Technology Research and 
     Development Program'';
       (ii) in subparagraph (A), by striking ``high-performance 
     computing, including networking'' and inserting ``networking 
     and information technology'';
       (iii) in subparagraphs (B) and (G), by striking ``high-
     performance'' each place it appears and inserting ``high-
     end'';
       (iv) in subparagraph (C), by striking ``high-performance 
     computing and networking'' and inserting ``high-end 
     computing, distributed, and networking'';
       (v) by amending subparagraph (D) to read as follows:
       ``(D) provide for efforts to increase software security and 
     reliability;'';
       (vi) in subparagraph (H)--

       (I) by inserting ``support and guidance'' after 
     ``provide''; and
       (II) by striking ``and'' after the semicolon;

       (vii) in subparagraph (I)--

       (I) by striking ``improving the security'' and inserting 
     ``improving the security, reliability, and resilience''; and
       (II) by striking the period at the end and inserting a 
     semicolon; and

       (viii) by adding at the end the following:
       ``(J) provide for increased understanding of the scientific 
     principles of cyber-physical systems and improve the methods 
     available for the design, development, and operation of 
     cyber-physical systems that are characterized by high 
     reliability, safety, and security;
       ``(K) provide for research and development on human-
     computer interactions, visualization, and big data;
       ``(L) provide for research and development on the 
     enhancement of cybersecurity, including the human facets of 
     cyber threats and secure cyber systems;
       ``(M) provide for the understanding of the science, 
     engineering, policy, and privacy protection related to 
     networking and information technology;
       ``(N) provide for the transition of high-end computing 
     hardware, system software, development tools, and 
     applications into development and operations; and
       ``(O) foster public-private collaboration among government, 
     industry research laboratories, academia, and nonprofit 
     organizations to maximize research and development efforts 
     and the benefits of networking and information technology, 
     including high-end computing.'';
       (C) in paragraph (2)--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) establish the goals and priorities for Federal 
     networking and information technology research, development, 
     education, and other activities;'';
       (ii) by amending subparagraph (C) to read as follows:
       ``(C) provide for interagency coordination of Federal 
     networking and information technology research, development, 
     education, and other activities undertaken pursuant to the 
     Program--
       ``(i) among the participating agencies; and
       ``(ii) to the extent practicable, with other Federal 
     agencies not described in paragraph (3)(C), other Federal and 
     private research laboratories, industry, research entities, 
     institutions of higher education, relevant nonprofit 
     organizations, and international partners of the United 
     States;'';
       (iii) by amending subparagraph (E) to read as follows:
       ``(E) encourage and monitor the efforts of the agencies 
     participating in the Program to allocate the level of 
     resources and management attention necessary to ensure that 
     the

[[Page S7083]]

     strategic plans under subsection (e) are developed and 
     executed effectively and that the objectives of the Program 
     are met; and''; and
       (iv) in subparagraph (F), by striking ``high-performance'' 
     and inserting ``high-end''; and
       (D) in paragraph (3)--
       (i) by redesignating subparagraphs (B), (C), (D), and (E) 
     as subparagraphs (C), (D), (E), and (G), respectively;
       (ii) by inserting after subparagraph (A) the following:
       ``(B) provide a detailed description of the nature and 
     scope of research infrastructure designated as such under the 
     Program;'';
       (iii) in subparagraph (C), as redesignated--

       (I) by amending clause (i) to read as follows:

       ``(i) the Department of Justice;'';

       (II) by redesignating clauses (vii) through (xi) as clauses 
     (viii) through (xii), respectively;
       (III) by inserting after clause (vi) the following:

       ``(vii) the Department of Homeland Security;''; and

       (IV) by amending clause (viii), as redesignated, to read as 
     follows:

       ``(viii) the National Archives and Records 
     Administration;'';
       (iv) in subparagraph (D), as redesignated--

       (I) by striking ``is submitted,'' and inserting ``is 
     submitted, the levels for the previous fiscal year,''; and
       (II) by striking ``each Program Component Area;'' and 
     inserting ``each Program Component Area and research area 
     supported in accordance with section 102;'';

       (v) by amending subparagraph (E), as redesignated, to read 
     as follows:
       ``(E) describe the levels of Federal funding for each 
     participating agency, and for each Program Component Area, 
     for the fiscal year during which such report is submitted, 
     the levels for the previous fiscal year, and the levels 
     proposed for the fiscal year with respect to which the budget 
     submission applies;''; and
       (vi) by inserting after subparagraph (E), as redesignated, 
     the following:
       ``(F) include a description of how the objectives for each 
     Program Component Area, and the objectives for activities 
     that involve multiple Program Component Areas, relate to the 
     objectives of the Program identified in the strategic plans 
     required under subsection (e); and'';
       (3) in subsection (b)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A)--
       (i) by striking ``high-performance computing'' both places 
     it appears and inserting ``networking and information 
     technology''; and
       (ii) after the first sentence, by inserting the following: 
     ``Each chair of the advisory committee shall meet the 
     qualifications of committee membership and may be a member of 
     the President's Council of Advisors on Science and 
     Technology.'';
       (B) in paragraph (1)(D), by striking ``high-performance 
     computing, networking technology, and related software'' and 
     inserting ``networking and information technology''; and
       (C) in paragraph (2)--
       (i) in the second sentence, by striking ``2'' and inserting 
     ``3'';
       (ii) by striking ``Committee on Science and Technology'' 
     and inserting ``Committee on Science, Space, and 
     Technology''; and
       (iii) by striking ``The first report shall be due within 1 
     year after the date of enactment of the America COMPETES 
     Act.'';
       (4) in subsection (c)(1)(A), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology''; and
       (5) by adding at the end the following:
       ``(d) Periodic Reviews.--The heads of the participating 
     agencies, working through the National Science and Technology 
     Council and the Program, shall--
       ``(1) periodically assess and update, as appropriate, the 
     structure of the Program, including the Program Component 
     Areas and associated contents, scope, and funding levels, 
     taking into consideration any relevant recommendations of the 
     advisory committee established under subsection (b); and
       ``(2) ensure that such agency's implementation of the 
     Program includes foundational, large-scale, long-term, and 
     interdisciplinary information technology research and 
     development activities, including activities described in 
     section 102.
       ``(e) Strategic Plans.--
       ``(1) In general.--The heads of the participating agencies, 
     working through the National Science and Technology Council 
     and the Program, shall develop and implement strategic plans 
     to guide--
       ``(A) emerging activities of Federal networking and 
     information technology research and development; and
       ``(B) the activities described in subsection (a)(1).
       ``(2) Updates.--The heads of the participating agencies 
     shall update the strategic plans as appropriate.
       ``(3) Contents.--Each strategic plan shall--
       ``(A) specify near-term and long-term objectives for the 
     portions of the Program relevant to the strategic plan, the 
     anticipated schedule for achieving the near-term and long-
     term objectives, and the metrics to be used for assessing 
     progress toward the near-term and long-term objectives;
       ``(B) specify how the near-term and long-term objectives 
     complement research and development areas in which academia 
     and the private sector are actively engaged;
       ``(C) describe how the heads of the participating agencies 
     will support mechanisms for foundational, large-scale, long-
     term, and interdisciplinary information technology research 
     and development and for Grand Challenges, including through 
     collaborations--
       ``(i) across Federal agencies;
       ``(ii) across Program Component Areas; and
       ``(iii) with industry, Federal and private research 
     laboratories, research entities, institutions of higher 
     education, relevant nonprofit organizations, and 
     international partners of the United States;
       ``(D) describe how the heads of the participating agencies 
     will foster the rapid transfer of research and development 
     results into new technologies and applications in the 
     national interest, including through cooperation and 
     collaborations with networking and information technology 
     research, development, and technology transition initiatives 
     supported by the States; and
       ``(E) describe how the portions of the Program relevant to 
     the strategic plan will address long-term challenges for 
     which solutions require foundational, large-scale, long-term, 
     and interdisciplinary information technology research and 
     development.
       ``(4) Private sector efforts.--In developing, implementing, 
     and updating strategic plans, the heads of the participating 
     agencies, working through the National Science and Technology 
     Council and the Program, shall coordinate with industry, 
     academia, and other interested stakeholders to ensure, to the 
     extent practicable, that the Federal networking and 
     information technology research and development activities 
     carried out under this section do not duplicate the efforts 
     of the private sector.
       ``(5) Recommendations.--In developing and updating 
     strategic plans, the heads of the participating agencies 
     shall solicit recommendations and advice from--
       ``(A) the advisory committee under subsection (b);
       ``(B) the Committee on Science and relevant subcommittees 
     of the National Science and Technology Council; and
       ``(C) a wide range of stakeholders, including industry, 
     academia, National Laboratories, and other relevant 
     organizations and institutions.
       ``(f) Reports.--The heads of the participating agencies, 
     working through the National Science and Technology Council 
     and the Program, shall submit to the advisory committee, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Science, Space, and Technology 
     of the House of Representatives--
       ``(1) the strategic plans developed under subsection 
     (e)(1); and
       ``(2) each update under subsection (e)(2).''.
       (g) National Research and Education Network.--Section 102 
     of the High-Performance Computing Act of 1991 (15 U.S.C. 
     5512) is repealed.
       (h) Next Generation Internet.--Section 103 of the High-
     Performance Computing Act of 1991 (15 U.S.C. 5513) is 
     repealed.
       (i) Grand Challenges in Areas of National Importance.--
     Title I of the High-Performance Computing Act of 1991 (15 
     U.S.C. 5511 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 102. GRAND CHALLENGES IN AREAS OF NATIONAL IMPORTANCE.

       ``(a) In General.--The Program shall encourage the 
     participating agencies to support foundational, large-scale, 
     long-term, interdisciplinary, and interagency information 
     technology research and development activities in networking 
     and information technology directed toward agency mission 
     areas that have the potential for significant contributions 
     to national economic competitiveness and for other 
     significant societal benefits. Such activities, ranging from 
     basic research to the demonstration of technical solutions, 
     shall be designed to advance the development of fundamental 
     discoveries. The advisory committee established under section 
     101(b) shall make recommendations to the Program for 
     candidate research and development areas for support under 
     this section.
       ``(b) Characteristics.--
       ``(1) In general.--Research and development activities 
     under this section shall--
       ``(A) include projects selected on the basis of 
     applications for support through a competitive, merit-based 
     process;
       ``(B) to the extent practicable, involve collaborations 
     among researchers in institutions of higher education and 
     industry, and may involve nonprofit research institutions and 
     Federal laboratories, as appropriate;
       ``(C) to the extent practicable, leverage Federal 
     investments through collaboration with related State and 
     private sector initiatives; and
       ``(D) include a plan for fostering the transfer of research 
     discoveries and the results of technology demonstration 
     activities, including from institutions of higher education 
     and Federal laboratories, to industry for commercial 
     development.
       ``(2) Cost-sharing.--In selecting applications for support, 
     the agencies may give special consideration to projects that 
     include cost sharing from non-Federal sources.''.
       (j) National Science Foundation Activities.--Section 201 of 
     the High-Performance Computing Act of 1991 (15 U.S.C. 5521) 
     is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) General Responsibilities.--'';

[[Page S7084]]

       (B) in paragraph (1)--
       (i) by inserting ``high-end'' after ``National Science 
     Foundation shall provide''; and
       (ii) by striking ``high-performance computing'' and all 
     that follows through ``networking;'' and inserting 
     ``networking and information technology; and'';
       (C) by striking paragraphs (2) through (4); and
       (D) by inserting after paragraph (1) the following:
       ``(2) the National Science Foundation shall use its 
     existing programs, in collaboration with other agencies, as 
     appropriate, to improve the teaching and learning of 
     networking and information technology at all levels of 
     education and to increase participation in networking and 
     information technology fields, including by individuals 
     identified in sections 33 and 34 of the Science and 
     Engineering Equal Opportunities Act (42 U.S.C. 1885a and 
     1885b).''; and
       (2) by striking subsection (b).
       (k) National Aeronautics and Space Administration 
     Activities.--Section 202 of the High-Performance Computing 
     Act of 1991 (15 U.S.C. 5522) is amended--
       (1) by striking ``(a) General Responsibilities.--'';
       (2) by striking ``high-performance computing'' and 
     inserting ``networking and information technology''; and
       (3) by striking subsection (b).
       (l) Department of Energy Activities.--Section 203 of the 
     High-Performance Computing Act of 1991 (15 U.S.C. 5523) is 
     amended--
       (1) by striking ``(a) General Responsibilities.--'';
       (2) in paragraph (1), by striking ``high-performance 
     computing and networking'' and inserting ``networking and 
     information technology'';
       (3) in paragraph (2)(A), by striking ``high-performance'' 
     and inserting ``high-end''; and
       (4) by striking subsection (b).
       (m) Department of Commerce Activities.--Section 204 of the 
     High-Performance Computing Act of 1991 (15 U.S.C. 5524) is 
     amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A), by striking ``high-performance 
     computing systems and networks'' and inserting ``networking 
     and information technology systems and capabilities'';
       (B) in subparagraph (B), by striking ``interoperability of 
     high-performance computing systems in networks and for common 
     user interfaces to systems'' and inserting ``interoperability 
     and usability of networking and information technology 
     systems''; and
       (C) in subparagraph (C), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology'';
       (2) in subsection (b)--
       (A) in the heading, by striking ``High-Performance 
     Computing and Network'' and inserting ``Networking and 
     Information Technology'';
       (B) by striking ``Pursuant to the Computer Security Act of 
     1987 (Public Law 100-235; 101 Stat. 1724), the'' and 
     inserting ``The''; and
       (C) by striking ``sensitive information in Federal computer 
     systems'' and inserting ``Federal agency information and 
     information systems''; and
       (3) by striking subsections (c) and (d).
       (n) Environmental Protection Agency Activities.--Section 
     205 of the High-Performance Computing Act of 1991 (15 U.S.C. 
     5525) is repealed.
       (o) Role of the Department of Education.--Section 206 of 
     the High-Performance Computing Act of 1991 (15 U.S.C. 5526) 
     is repealed.
       (p) Miscellaneous Provisions.--Section 207 of the High-
     Performance Computing Act of 1991 (15 U.S.C. 5527) is 
     amended--
       (1) in subsection (a)(2), by striking ``paragraphs (1) 
     through (5) of section 2315(a) of title 10'' and inserting 
     ``section 3552(b)(6)(A)(i) of title 44''; and
       (2) in subsection (b), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology''.
       (q) Repeal.--Section 208 of the High-Performance Computing 
     Act of 1991 (15 U.S.C. 5528) is repealed.
       (r) National Science Foundation Research.--Section 
     4(b)(5)(K) of the Cyber Security Research and Development Act 
     (15 U.S.C. 7403(b)(5)(K)) is amended by striking ``high-
     performance computing'' and inserting ``networking and 
     information technology''.
       (s) National Information Technology Research and 
     Development Program.--Section 13202(b) of the America 
     Recovery and Reinvestment Act of 2009 (42 U.S.C. 17912(b)) is 
     amended by striking ``National High-Performance Computing 
     Program'' and inserting ``Networking and Information 
     Technology Research and Development Program''.
       (t) Federal Cybersecurity Research and Development.--
     Section 201(a)(4) of the Cybersecurity Enhancement Act of 
     2014 (15 U.S.C. 7431(a)(4)) is amended--
       (1) by striking ``clauses (i) through (x)'' and inserting 
     ``clauses (i) through (xi)''; and
       (2) by striking ``under clause (xi)'' and inserting ``under 
     clause (xii)''.
       (u) Additional Repeal.--Section 4 of the Department of 
     Energy High-End Computing Revitalization Act of 2004 (15 
     U.S.C. 5543) is repealed.

     SEC. 106. PHYSICAL SCIENCES COORDINATION.

       (a) High-energy Physics.--
       (1) In general.--The Physical Science Subcommittee of the 
     National Science and Technology Council (referred to in this 
     section as ``Subcommittee'') shall continue to coordinate 
     Federal efforts related to high-energy physics research to 
     maximize the efficiency and effectiveness of United States 
     investment in high-energy physics.
       (2) Purposes.--The purposes of the Subcommittee include--
       (A) to advise and assist the Committee on Science and the 
     National Science and Technology Council on United States 
     policies, procedures, and plans in the physical sciences, 
     including high-energy physics; and
       (B) to identify emerging opportunities, stimulate 
     international cooperation, and foster the development of the 
     physical sciences in the United States, including--
       (i) in high-energy physics research, including related 
     underground science and engineering research;
       (ii) in physical infrastructure and facilities;
       (iii) in information and analysis; and
       (iv) in coordination activities.
       (3) Responsibilities.--In regard to coordinating Federal 
     efforts related to high-energy physics research, the 
     Subcommittee shall, taking into account the findings and 
     recommendations of relevant advisory committees--
       (A) provide recommendations on planning for construction 
     and stewardship of large facilities participating in high-
     energy physics;
       (B) provide recommendations on research coordination and 
     collaboration among the programs and activities of Federal 
     agencies related to underground science, neutrino research, 
     dark energy, and dark matter research;
       (C) establish goals and priorities for high-energy physics, 
     related underground science, and research and development 
     that will strengthen United States competitiveness in high-
     energy physics;
       (D) propose methods for engagement with international, 
     Federal, and State agencies and Federal laboratories not 
     represented on the National Science and Technology Council to 
     identify and reduce regulatory, logistical, and fiscal 
     barriers that inhibit United States leadership in high-energy 
     physics and related underground science; and
       (E) develop, and update as necessary, a strategic plan to 
     guide Federal programs and activities in support of high-
     energy physics research, including--
       (i) the efforts taken in support of paragraph (2) since the 
     last strategic plan;
       (ii) an evaluation of the current research needs for 
     maintaining United States leadership in high-energy physics; 
     and
       (iii) an identification of future priorities in the area of 
     high-energy physics.
       (b) Radiation Biology.--
       (1) In general.--The Subcommittee shall continue to 
     coordinate Federal efforts related to radiation biology 
     research to maximize the efficiency and effectiveness of 
     United States investment in radiation biology.
       (2) Responsibilities for radiation biology.--In regard to 
     coordinating Federal efforts related to radiation biology 
     research, the Subcommittee shall--
       (A) advise and assist the National Science and Technology 
     Council on policies and initiatives in radiation biology, 
     including enhancing scientific knowledge of the effects of 
     low dose radiation on biological systems to improve radiation 
     risk management methods;
       (B) identify opportunities to stimulate international 
     cooperation and leverage research and knowledge from sources 
     outside of the United States;
       (C) ensure coordination between the Department of Energy 
     Office of Science, Foundation, National Aeronautics and Space 
     Administration, National Institutes of Health, Environmental 
     Protection Agency, Department of Defense, Nuclear Regulatory 
     Commission, and Department of Homeland Security;
       (D) identify ongoing scientific challenges for 
     understanding the long-term effects of ionizing radiation on 
     biological systems; and
       (E) formulate overall scientific goals for the future of 
     low-dose radiation research in the United States.
       (c) Fusion Energy Sciences.--
       (1) In general.--The Subcommittee shall continue to 
     coordinate Federal efforts related to fusion energy research 
     to maximize the efficiency and effectiveness of United States 
     investment in fusion energy sciences.
       (2) Responsibilities for fusion energy sciences.--In regard 
     to coordinating Federal efforts related to fusion energy 
     sciences, the Subcommittee shall--
       (A) advise and assist the National Science and Technology 
     Council on policies and initiatives in fusion energy 
     sciences, including enhancing scientific knowledge of fusion 
     energy science, plasma physics, and related materials 
     sciences;
       (B) identify opportunities to stimulate international 
     cooperation and leverage research and knowledge from sources 
     outside of the United States, including the ITER project;
       (C) ensure coordination between the Department of Energy 
     Office of Science, National Nuclear Security Administration, 
     Advanced Research Projects Agency-Energy, National 
     Aeronautics and Space Administration, Foundation, and 
     Department of Defense regarding fusion energy sciences and 
     plasma physics; and
       (D) formulate overall scientific goals for the future of 
     fusion energy sciences and plasma physics.

[[Page S7085]]

  


     SEC. 107. LABORATORY PROGRAM IMPROVEMENTS.

       (a) In General.--The Director of NIST, acting through the 
     Associate Director for Laboratory Programs, shall develop and 
     implement a comprehensive strategic plan for laboratory 
     programs that expands--
       (1) interactions with academia, international researchers, 
     and industry; and
       (2) commercial and industrial applications.
       (b) Optimizing Commercial and Industrial Applications.--In 
     accordance with the purpose under section 1(b)(3) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     271(b)(3)), the comprehensive strategic plan shall--
       (1) include performance metrics for the dissemination of 
     fundamental research results, measurements, and standards 
     research results to industry, including manufacturing, and 
     other interested parties;
       (2) document any positive benefits of research on the 
     competitiveness of the interested parties described in 
     paragraph (1);
       (3) clarify the current approach to the technology transfer 
     activities of NIST; and
       (4) consider recommendations from the National Academy of 
     Sciences.

     SEC. 108. STANDARD REFERENCE DATA ACT UPDATE.

       Section 2 of the Standard Reference Data Act (15 U.S.C. 
     290a) is amended to read as follows:

     ``SEC. 2. DEFINITIONS.

       ``For the purposes of this Act:
       ``(1) Standard reference data.--The term `standard 
     reference data' means data that is--
       ``(A) either--
       ``(i) quantitative information related to a measurable 
     physical, or chemical, or biological property of a substance 
     or system of substances of known composition and structure;
       ``(ii) measurable characteristics of a physical artifact or 
     artifacts;
       ``(iii) engineering properties or performance 
     characteristics of a system; or
       ``(iv) 1 or more digital data objects that serve--

       ``(I) to calibrate or characterize the performance of a 
     detection or measurement system; or
       ``(II) to interpolate or extrapolate, or both, data 
     described in subparagraph (A) through (C); and

       ``(B) that is critically evaluated as to its reliability 
     under section 3 of this Act.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of Commerce.''.

     SEC. 109. NSF MID-SCALE PROJECT INVESTMENTS.

       (a) Findings.--Congress makes the following findings:
       (1) The Foundation funds major research facilities, 
     infrastructure, and instrumentation that provide unique 
     capabilities at the frontiers of science and engineering.
       (2) Modern and effective research facilities, 
     infrastructure, and instrumentation are critical to 
     maintaining United States leadership in science and 
     engineering.
       (3) The costs of some proposed research instrumentation, 
     equipment, and upgrades to major research facilities fall 
     between programs currently funded by the Foundation, creating 
     a gap between the established parameters of the Major 
     Research Instrumentation and Major Research Equipment and 
     Facilities Construction programs, including projects that 
     have been identified as cost-effective additions of high 
     priority to the advancement of scientific understanding.
       (4) The 2010 Astronomy and Astrophysics Decadal Survey 
     recommended a mid-scale innovations program.
       (b) Mid-scale Projects.--
       (1) In general.--The Foundation shall evaluate the existing 
     and future needs, across all disciplines supported by the 
     Foundation, for mid-scale projects.
       (2) Strategy.--The Director of the Foundation shall develop 
     a strategy to address the needs identified in paragraph (1).
       (3) Briefing.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Foundation shall 
     provide a briefing to the appropriate committees of Congress 
     on the evaluation under paragraph (1) and the strategy under 
     paragraph (2).
       (4) Definition of mid-scale projects.--In this subsection, 
     the term ``mid-scale projects'' means research 
     instrumentation, equipment, and upgrades to major research 
     facilities or other research infrastructure investments that 
     exceed the maximum award funded by the major research 
     instrumentation program and are below the minimum award 
     funded by the major research equipment and facilities 
     construction program as described in section 507 of the 
     AMERICA Competes Reauthorization Act of 2010 (Public Law 111-
     358; 124 Stat. 4008).

     SEC. 110. OVERSIGHT OF NSF MAJOR MULTI-USER RESEARCH FACILITY 
                   PROJECTS.

       (a) Facilities Oversight.--
       (1) In general.--The Director of the Foundation shall 
     strengthen oversight and accountability over the full life-
     cycle of each major multi-user research facility project, 
     including planning, development, procurement, construction, 
     operations, and support, and shut-down of the facility, in 
     order to maximize research investment.
       (2) Requirements.--In carrying out paragraph (1), the 
     Director shall--
       (A) prioritize the scientific outcomes of a major multi-
     user research facility project and the internal management 
     and financial oversight of the major multi-user research 
     facility project;
       (B) clarify the roles and responsibilities of all 
     organizations, including offices, panels, committees, and 
     directorates, involved in supporting a major multi-user 
     research facility project, including the role of the Major 
     Research Equipment and Facilities Construction Panel;
       (C) establish policies and procedures for the planning, 
     management, and oversight of a major multi-user research 
     facility project at each phase of the life-cycle of the major 
     multi-user research facility project;
       (D) ensure that policies for estimating and managing costs 
     and schedules are consistent with the best practices 
     described in the Government Accountability Office Cost 
     Estimating and Assessment Guide, the Government 
     Accountability Office Schedule Assessment Guide, and the 
     Office of Management and Budget Uniform Guidance (2 C.F.R. 
     Part 200);
       (E) establish the appropriate project management and 
     financial management expertise required for Foundation staff 
     to oversee each major multi-user research facility project 
     effectively, including by improving project management 
     training and certification;
       (F) coordinate the sharing of the best management practices 
     and lessons learned from each major multi-user research 
     facility project;
       (G) continue to maintain a Large Facilities Office to 
     support the research directorates in the development, 
     implementation, and oversight of each major multi-user 
     research facility project, including by--
       (i) serving as the Foundation's primary resource for all 
     policy or process issues related to the development, 
     implementation, and oversight of a major multi-user research 
     facility project;
       (ii) serving as a Foundation-wide resource on project 
     management, including providing expert assistance on 
     nonscientific and nontechnical aspects of project planning, 
     budgeting, implementation, management, and oversight;
       (iii) coordinating and collaborating with research 
     directorates to share best management practices and lessons 
     learned from prior major multi-user research facility 
     projects; and
       (iv) assessing each major multi-user research facility 
     project for cost and schedule risk; and
       (H) appoint a senior agency official whose responsibility 
     is oversight of the development, construction, and operations 
     of major multi-user research facilities across the 
     Foundation.
       (b) Facilities Full Life-cycle Costs.--
       (1) In general.--Subject to subsection (c)(1), the Director 
     of the Foundation shall require that any pre-award analysis 
     of a major multi-user research facility project includes the 
     development and consideration of the full life-cycle cost (as 
     defined in section 2 of the National Science Foundation 
     Authorization Act of 1998 (42 U.S.C. 1862k note)) in 
     accordance with section 14 of the National Science Foundation 
     Authorization Act of 2002 (42 U.S.C. 1862n-4).
       (2) Implementation.--Based on the pre-award analysis 
     described in paragraph (1), the Director of the Foundation 
     shall include projected operational costs within the 
     Foundation's out-years as part of the President's annual 
     budget submission to Congress under section 1105 of title 31, 
     United States Code.
       (c) Cost Oversight.--
       (1) Pre-award analysis.--
       (A) In general.--The Director of the Foundation and the 
     National Science Board may not approve or execute any 
     agreement to start construction on any proposed major multi-
     user research facility project unless--
       (i) an external analysis of the proposed budget has been 
     conducted to ensure the proposal is complete and reasonable;
       (ii) the analysis under clause (i) follows the Government 
     Accountability Office Cost Estimating and Assessment Guide;
       (iii) except as provided under subparagraph (C), an 
     analysis of the accounting systems has been conducted;
       (iv) an independent cost estimate of the construction of 
     the project has been conducted using the same detailed 
     technical information as the project proposal estimate to 
     determine whether the estimate is well-supported and 
     realistic; and
       (v) the Foundation and the National Science Board have 
     considered the analyses under clauses (i) and (iii) and the 
     independent cost estimate under clause (iv) and resolved any 
     major issues identified therein.
       (B) Audits.--An external analysis under subparagraph (A)(i) 
     may include an audit.
       (C) Exception.--The Director of the Foundation, at the 
     Director's discretion, may waive the requirement under 
     subparagraph (A)(iii) if a similar analysis of the accounting 
     systems was conducted in the prior years.
       (2) Construction oversight.--The Director of the Foundation 
     shall require for each major multi-user research facility 
     project--
       (A) periodic external reviews on project management and 
     performance;
       (B) adequate internal controls, policies, and procedures, 
     and reliable accounting systems in preparation for the 
     incurred cost audits under subparagraph (D);
       (C) annual incurred cost submissions of financial 
     expenditures; and
       (D) an incurred cost audit of the major multi-user research 
     facility project in accordance with Government Accountability 
     Office Government Auditing Standards--
       (i) at least once during construction at a time determined 
     based on risk analysis and length of the award, except that 
     the length

[[Page S7086]]

     of time between audits may not exceed 3 years; and
       (ii) at the completion of the construction phase.
       (3) Operations cost analysis.--The Director of the 
     Foundation shall require an independent cost analysis of the 
     operational proposal for each major multi-user research 
     facility project.
       (d) Contingency.--
       (1) In general.--The Director of the Foundation shall 
     strengthen internal controls to improve oversight of 
     contingency on a major multi-user research facility project.
       (2) Requirements.--In carrying out paragraph (1), the 
     Director of the Foundation shall--
       (A) only include contingency amounts in an award in 
     accordance with section 200.433 of title 2, Code of Federal 
     Regulations (relating to contingency provisions), or any 
     successor regulation;
       (B) retain control over funds budgeted for contingency, 
     except that the Director may disburse budgeted contingency 
     funds incrementally to the awardee to ensure project 
     stability and continuity;
       (C) track contingency use; and
       (D) ensure that contingency amounts allocated to the 
     performance baseline are reasonable and allowable.
       (e) Use of Fees.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) the use of taxpayer-funded award fees should be 
     transparent and explicable; and
       (B) the Foundation should implement an award fee policy 
     that ensures more transparency and accountability in the 
     funding of necessary and appropriate expenses directly 
     related to the construction and operation of major multi-user 
     research facilities.
       (2) Reporting and recordkeeping.--The Director of the 
     Foundation shall establish guidelines for awardees regarding 
     inappropriate expenditures associated with all fee types used 
     in cooperative agreements, including for alcoholic beverages, 
     lobbying, meals or entertainment for non-business purposes, 
     non-business travel, and any other purpose the Director 
     determines is inappropriate.
       (f) Oversight Implementation Progress.--The Director of the 
     Foundation shall--
       (1) not later than 90 days after the date of enactment of 
     this Act, and periodically thereafter until the completion 
     date, provide a briefing to the appropriate committees of 
     Congress on the response to or progress made toward 
     implementation of--
       (A) this section;
       (B) all of the issues and recommendations identified in 
     cooperative agreement audit reports and memoranda issued by 
     the Inspector General of the Foundation in the last 5 years; 
     and
       (C) all of the issues and recommendations identified by a 
     panel of the National Academy of Public Administration in the 
     December 2015 report entitled ``National Science Foundation: 
     Use of Cooperative Agreements to Support Large Scale 
     Investment in Research''; and
       (2) not later than 1 year after the date of enactment of 
     this Act, notify the appropriate committees of Congress when 
     the Foundation has implemented the recommendations identified 
     in a panel of the National Academy of Public Administration 
     report issued December 2015.
       (g) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means the Committee on 
     Commerce, Science, and Transportation and the Committee on 
     Appropriations of the Senate and the Committee on Science, 
     Space, and Technology and the Committee on Appropriations of 
     the House of Representatives.
       (2) Major multi-user research facility project.--The term 
     `` `major multi-user research facility project' '' means a 
     science and engineering facility project that--
       (A) exceeds the lesser of--
       (i) 10 percent of a Directorate's annual budget; or
       (ii) $100,000,000 in total project costs; or
       (B) is funded by the major research equipment and 
     facilities construction account, or any successor account.

     SEC. 111. PERSONNEL OVERSIGHT.

       (a) Conflicts of Interest.--The Director of the Foundation 
     shall update the policy and procedure of the Foundation 
     relating to conflicts of interest to improve documentation 
     and management of any known conflict of interest of an 
     individual on temporary assignment at the Foundation, 
     including an individual on assignment under the 
     Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et 
     seq.).
       (b) Justifications.--The Deputy Director of the Foundation 
     shall submit annually to the appropriate committees of 
     Congress written justification for each rotator employed 
     under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 
     4701 et seq.), or other rotator employed, by the Foundation 
     that year that is paid at a rate that exceeds the maximum 
     rate of pay for the Senior Executive Service, including, if 
     applicable, the level of adjustment for the certified Senior 
     Executive Service Performance Appraisal System.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Foundation shall 
     submit to the appropriate committees of Congress a report on 
     the Foundation's efforts to control costs associated with 
     employing rotators, including the results of and 
     participation in the Foundation's cost-sharing pilot program 
     and the Foundation's progress in responding to the findings 
     and implementing the recommendations of the Office of 
     Inspector General of the Foundation related to the employment 
     of rotators.

     SEC. 112. MANAGEMENT OF THE U.S. ANTARCTIC PROGRAM.

       (a) Review.--
       (1) In general.--The Director of the Foundation shall 
     continue to review the efforts by the Foundation to sustain 
     and strengthen scientific efforts in the face of logistical 
     challenges for the United States Antarctic Program.
       (2) Issues to be examined.--In conducting the review, the 
     Director shall examine, at a minimum, the following:
       (A) Implementation by the Foundation of issues and 
     recommendations identified by--
       (i) the Inspector General of the National Science 
     Foundation in audit reports and memoranda on the United 
     States Antarctic Program in the last 4 years;
       (ii) the U.S. Antarctic Program Blue Ribbon Panel report, 
     More and Better Science in Antarctica through Increased 
     Logistical Effectiveness, issued July 23, 2012; and
       (iii) the National Research Council report, Future Science 
     Opportunities in Antarctica and the Southern Ocean, issued 
     September 2011.
       (B) Efforts by the Foundation to track its progress in 
     addressing the issues and recommendations under subparagraph 
     (A).
       (C) Efforts by the Foundation to address other 
     opportunities and challenges, including efforts on scientific 
     research, coordination with other Federal agencies and 
     international partners, logistics and transportation, health 
     and safety of participants, oversight and financial 
     management of awardees and contractors, and resources and 
     policy challenges.
       (b) Briefing.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall brief the 
     appropriate committees of Congress on the ongoing review, 
     including findings and any recommendations.

     SEC. 113. NIST CAMPUS SECURITY.

       (a) Supervisory Authority.--The Department of Commerce 
     Office of Security shall directly manage the law enforcement 
     and site security programs of NIST through an assigned 
     Director of Security for NIST without increasing the number 
     of full-time equivalent employees of the Department of 
     Commerce, including NIST.
       (b) Reports.--The Director of Security for NIST shall 
     provide an activities and security report on a quarterly 
     basis for the first year after the date of enactment of this 
     Act, and on an annual basis thereafter, to the Under 
     Secretary for Standards and Technology and the appropriate 
     committees of Congress.

     SEC. 114. COORDINATION OF SUSTAINABLE CHEMISTRY RESEARCH AND 
                   DEVELOPMENT.

       (a) Importance of Sustainable Chemistry.--It is the sense 
     of Congress that--
       (1) the science of chemistry is vital to improving the 
     quality of human life and plays an important role in 
     addressing critical global challenges, including water 
     quality, energy, health care, and agriculture;
       (2) sustainable chemistry can reduce risks to human health 
     and the environment, reduce waste, improve pollution 
     prevention, promote safe and efficient manufacturing, and 
     promote efficient use of resources in developing new 
     materials, processes, and technologies that support viable 
     long-term solutions to a significant number of challenges;
       (3) sustainable chemistry can stimulate innovation, 
     encourage new and creative approaches to problems, create 
     jobs, and save money; and
       (4) a coordinated effort on sustainable chemistry will 
     allow for a greater return on research investment in this 
     area.
       (b) Sustainable Chemistry Basic Research.--Subject to the 
     availability of appropriated funds, the Director of the 
     Foundation may continue to carry out the Sustainable 
     Chemistry Basic Research program authorized under section 509 
     of the National Science Foundation Authorization Act of 2010 
     (42 U.S.C. 1862p-3).

     SEC. 115. MISREPRESENTATION OF RESEARCH RESULTS.

       (a) Prohibition.--The Director of the Foundation may revise 
     the regulations under part 689 of title 45, Code of Federal 
     Regulations (relating to research misconduct) to ensure that 
     the findings and conclusions of any article authored by a 
     principal investigator, using the results of research 
     conducted under a Foundation grant, that is published in a 
     peer-reviewed publication, made publicly available, or 
     incorporated in an application for a research grant or grant 
     extension from the Foundation, does not contain any 
     falsification, fabrication, or plagiarism.
       (b) Interagency Communication.--Upon a finding that 
     research misconduct has occurred, the Foundation shall, in 
     addition to any possible final action under section 689.3 of 
     title 45, Code of Federal Regulations, notify other Federal 
     science agencies of the finding.

     SEC. 116. RESEARCH REPRODUCIBILITY AND REPLICATION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the gold standard of good science is the ability of a 
     researcher or research laboratory to reproduce a published 
     research finding, including methods;
       (2) there is growing concern that some published research 
     findings cannot be reproduced or replicated, which can 
     negatively affect the public's trust in science;

[[Page S7087]]

       (3) there are a complex set of factors affecting 
     reproducibility and replication; and
       (4) the increasing interdisciplinary nature and complexity 
     of scientific research may be a contributing factor to issues 
     with research reproducibility and replication.
       (b) Report.--
       (1) In general.--Not later than 45 days after the date of 
     enactment of this Act, the Director of the Foundation shall 
     enter into an agreement with the National Research Council--
       (A) to assess research and data reproducibility and 
     replicability issues in interdisciplinary research;
       (B) to make recommendations for improving rigor and 
     transparency in scientific research; and
       (C) to submit to the Director of the Foundation a report on 
     the assessment, including its findings and recommendations, 
     not later than 1 year after the date of enactment of this 
     Act.
       (2) Submission to congress.--Not later than 60 days after 
     the date the Director of the Foundation receives the report 
     under paragraph (1)(C), the Director shall submit the report 
     to the appropriate committees of Congress, including a 
     response from the Director of the Foundation and the Chair of 
     the National Science Board as to whether they agree with each 
     of the findings and recommendations in the report.

     SEC. 117. BRAIN RESEARCH THROUGH ADVANCING INNOVATIVE 
                   NEUROTECHNOLOGIES INITIATIVE.

       (a) In General.--The Foundation shall support research 
     activities related to the interagency Brain Research through 
     Advancing Innovative Neurotechnologies Initiative.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Foundation should work in conjunction with the 
     Interagency Working Group on Neuroscience established by the 
     National Science and Technology Council, Committee on Science 
     to determine how to use the data infrastructure of the 
     Foundation and other applicable Federal science agencies to 
     help neuroscientists collect, standardize, manage, and 
     analyze the large amounts of data that result from research 
     attempting to understand how the brain functions.

        TITLE II--ADMINISTRATIVE AND REGULATORY BURDEN REDUCTION

     SEC. 201. INTERAGENCY WORKING GROUP ON RESEARCH REGULATION.

       (a) Short Title.--This section may be cited as the 
     ``Research and Development Efficiency Act''.
       (b) Findings.--Congress makes the following findings:
       (1) Scientific and technological advancement have been the 
     largest drivers of economic growth in the last 50 years, with 
     the Federal Government being the largest investor in basic 
     research.
       (2) Substantial and increasing administrative burdens and 
     costs in Federal research administration, particularly in the 
     higher education sector where most federally funded research 
     is performed, are eroding funds available to carry out basic 
     scientific research.
       (3) Federally funded grants are increasingly competitive, 
     with the Foundation funding only approximately 1 in every 5 
     grant proposals.
       (4) Progress has been made over the last decade in 
     streamlining the pre-award grant application process through 
     the Federal Government's Grants.gov website.
       (5) Post-award administrative costs have increased as 
     Federal research agencies have continued to impose agency-
     unique compliance and reporting requirements on researchers 
     and research institutions.
       (6) Researchers spend as much as 42 percent of their time 
     complying with Federal regulations, including administrative 
     tasks such as applying for grants or meeting reporting 
     requirements.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) administrative burdens faced by researchers may be 
     reducing the return on investment of federally funded 
     research and development; and
       (2) it is a matter of critical importance to United States 
     competitiveness that administrative costs of federally funded 
     research be streamlined so that a higher proportion of 
     federal funding is applied to direct research activities.
       (d) Establishment.--The Director of the Office of 
     Management and Budget, in coordination with the Office of 
     Science and Technology Policy, shall establish an interagency 
     working group (referred to in this section as the ``Working 
     Group'') for the purpose of reducing administrative burdens 
     on federally funded researchers while protecting the public 
     interest through the transparency of and accountability for 
     federally funded activities.
       (e) Responsibilities.--
       (1) In general.--The Working Group shall--
       (A) regularly review relevant, administration-related 
     regulations imposed on federally funded researchers;
       (B) recommend those regulations or processes that may be 
     eliminated, streamlined, or otherwise improved for the 
     purpose described in subsection (d);
       (C) recommend ways to minimize the regulatory burden on 
     United States institutions of higher education performing 
     federally funded research while maintaining accountability 
     for federal funding; and
       (D) recommend ways to identify and update specific 
     regulations to refocus on performance-based goals rather than 
     on process while achieving the outcome described in 
     subparagraph (C).
       (2) Grant review.--
       (A) In general.--The Working Group shall--
       (i) conduct a comprehensive review of Federal science 
     agency grant proposal documents; and
       (ii) develop, to the extent practicable, a simplified, 
     uniform grant format to be used by all Federal science 
     agencies.
       (B) Considerations.--In developing the uniform grant 
     format, the Working Group shall consider whether to 
     implement--
       (i) procedures for preliminary project proposals in advance 
     of peer-review selection;
       (ii) increased use of ``Just-In-Time'' procedures for 
     documentation that does not bear directly on the scientific 
     merit of a proposal;
       (iii) simplified initial budget proposals in advance of 
     peer review selection; and
       (iv) detailed budget proposals for applicants that peer 
     review selection identifies as likely to be funded.
       (3) Centralized researcher profile database.--
       (A) Establishment.--The Working Group shall establish, to 
     the extent practicable, a secure, centralized database for 
     investigator biosketches, curriculum vitae, licenses, lists 
     of publications, and other documents considered relevant by 
     the Working Group.
       (B) Considerations.--In establishing the centralized 
     profile database under subparagraph (A), the Working Group 
     shall consider incorporating existing investigator databases.
       (C) Grant proposals.--To the extent practicable, all grant 
     proposals shall utilize the centralized investigator profile 
     database established under subparagraph (A).
       (D) Requirements.--Each investigator shall--
       (i) be responsible for ensuring the investigator's profile 
     is current and accurate; and
       (ii) be assigned a unique identifier linked to the database 
     and accessible to all Federal funding agencies.
       (4) Centralized assurances repository.--The Working Group 
     shall--
       (A) establish a central repository for all of the 
     assurances required for Federal research grants; and
       (B) provide guidance to institutions of higher education 
     and Federal science agencies on the use of the centralized 
     assurances repository.
       (5) Comprehensive review.--
       (A) In general.--The Working Group shall--
       (i) conduct a comprehensive review of the mandated progress 
     reports for federally funded research; and
       (ii) develop a strategy to simplify investigator progress 
     reports.
       (B) Considerations.--In developing the strategy, the 
     Working Group shall consider limiting progress reports to 
     performance outcomes.
       (f) Consultation.--In carrying out its responsibilities 
     under subsection (e)(1), the Working Group shall consult with 
     academic researchers outside the Federal Government, 
     including--
       (1) federally funded researchers;
       (2) non-federally funded researchers;
       (3) institutions of higher education and their 
     representative associations;
       (4) scientific and engineering disciplinary societies and 
     associations;
       (5) nonprofit research institutions;
       (6) industry, including small businesses;
       (7) federally funded research and development centers; and
       (8) members of the public with a stake in ensuring 
     effectiveness, efficiency, and accountability in the 
     performance of scientific research.
       (g) Reports.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for 3 years, 
     the Working Group shall submit to the appropriate committees 
     of Congress a report on its responsibilities under this 
     section, including a discussion of the considerations 
     described in paragraphs (2)(B), (3)(B), and (5)(B) of 
     subsection (e) and recommendations made under subsection 
     (e)(1).

     SEC. 202. SCIENTIFIC AND TECHNICAL COLLABORATION.

       (a) Definition of Scientific and Technical Workshop.--In 
     this section, the term ``scientific and technical workshop'' 
     means a symposium, seminar, or any other organized, formal 
     gathering where scientists or engineers working in STEM 
     research and development fields assemble to coordinate, 
     exchange and disseminate information or to explore or clarify 
     a defined subject, problem or area of knowledge in the STEM 
     fields.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should encourage broad dissemination 
     of Federal research findings and engagement of Federal 
     researchers with the scientific and technical community; and
       (2) laboratory, test center, and field center directors and 
     other similar heads of offices should approve scientific and 
     technical workshop attendance if--
       (A) that attendance would meet the mission of the 
     laboratory or test center; and
       (B) sufficient laboratory or test center funds are 
     available for that purpose.
       (c) Attendance Policies.--Not later than 180 days after the 
     date of enactment of this Act, the heads of the Federal 
     science agencies shall each develop an action plan for the

[[Page S7088]]

     implementation of revisions and updates to their policies on 
     attendance at scientific and technical workshops.
       (d) NIST Workshops.--Section 2(c) of the National Institute 
     of Standards and Technology Act (15 U.S.C. 272(c)), as 
     amended by section 104 of this Act, is further amended--
       (1) by redesignating paragraphs (19) through (24) as 
     paragraphs (22) through (27), respectively; and
       (2) by inserting after paragraph (18) the following:
       ``(19) host, participate in, and support scientific and 
     technical workshops (as defined in section 202 of the 
     American Innovation and Competitiveness Act);
       ``(20) collect and retain any fees charged by the Secretary 
     for hosting a scientific and technical workshop described in 
     paragraph (19);
       ``(21) notwithstanding title 31 of the United States Code, 
     use the fees described in paragraph (20) to pay for any 
     related expenses, including subsistence expenses for 
     participants;''.

     SEC. 203. NIST GRANTS AND COOPERATIVE AGREEMENTS UPDATE.

       Section 8(a) of the Stevenson-Wydler Technology Innovation 
     Act of 1980 (15 U.S.C. 3706(a)) is amended by striking ``The 
     total amount of any such grant or cooperative agreement may 
     not exceed 75 percent of the total cost of the program.''.

     SEC. 204. REPEAL OF CERTAIN OBSOLETE REPORTS.

       (a) Repeal of Certain Obsolete Reports.--
       (1) NIST reports.--
       (A) Report on donation of educationally useful federal 
     equipment to schools.--Section 6(b) of the Technology 
     Administration Act of 1998 (15 U.S.C. 272 note) is amended--
       (i) in paragraph (1), by striking ``(1) In general.--'' and 
     indenting appropriately; and
       (ii) by striking paragraph (2).
       (B) Three-year programmatic planning document.--
       (i) In general.--Section 23 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278i) is amended by 
     striking subsections (c) and (d).
       (ii) Conforming amendment.--Section 10(h)(1) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278(h)(1)) is amended by striking the last sentence.
       (2) Multiagency report on innovation acceleration 
     research.--Section 1008 of the America COMPETES Act (42 
     U.S.C. 6603) is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsection (d) as subsection (c).
       (3) NSF reports.--
       (A) Funding for successful stem education programs; report 
     to congress.--Section 7012 of the America COMPETES Act (42 
     U.S.C. 1862o-4) is amended by striking subsection (c).
       (B) Encouraging participation; evaluation and report.--
     Section 7031 of the America COMPETES Act (42 U.S.C. 1862o-11) 
     is amended by striking subsection (b).
       (C) Math and science partnerships program coordination 
     report.--Section 9(c) of the National Science Foundation 
     Authorization Act of 2002 (42 U.S.C. 1862n(c)) is amended--
       (i) by striking paragraph (4); and
       (ii) by redesignating paragraph (5) as paragraph (4).
       (b) National Nanotechnology Initiative Reports.--The 21st 
     Century Nanotechnology Research and Development Act (15 
     U.S.C. 7501 et seq.) is amended--
       (1) by amending section 2(c)(4) (15 U.S.C. 7501(c)(4)) to 
     read as follows:
       ``(4) develop, not later than 5 years after the date of the 
     release of the most-recent strategic plan, and update every 5 
     years thereafter, a strategic plan to guide the activities 
     described under subsection (b) that describes--
       ``(A) the near-term and long-term objectives for the 
     Program;
       ``(B) the anticipated schedule for achieving the near-term 
     objectives; and
       ``(C) the metrics that will be used to assess progress 
     toward the near-term and long-term objectives;
       ``(D) how the Program will move results out of the 
     laboratory and into application for the benefit of society;
       ``(E) the Program's support for long-term funding for 
     interdisciplinary research and development in nanotechnology; 
     and
       ``(F) the allocation of funding for interagency 
     nanotechnology projects;'';
       (2) by amending section 4(d) (15 U.S.C. 7503(d)) to read as 
     follows:
       ``(d) Reports.--Not later than 4 years after the date of 
     the most recent assessment under subsection (c), and 
     quadrennially thereafter, the Advisory Panel shall submit to 
     the President, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Science, 
     Space, and Technology of the House of Representatives a 
     report its assessments under subsection (c) and its 
     recommendations for ways to improve the Program.''; and
       (3) in section 5 (15 U.S.C. 7504)--
       (A) in the heading, by striking ``triennial'' and inserting 
     ``quadrennial'';
       (B) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``triennial'' and inserting ``quadrennial'';
       (C) in subsection (b), by striking ``triennial'' and 
     inserting ``quadrennial'';
       (D) in subsection (c), by striking ``triennial'' and 
     inserting ``quadrennial''; and
       (E) by amending subsection (d) to read as follows:
       ``(d) Report.--
       ``(1) In general.--Not later than 30 days after the date 
     the first evaluation under subsection (a) is received, and 
     quadrennially thereafter, the Director of the National 
     Nanotechnology Coordination Office shall report to the 
     President its assessments under subsection (c) and its 
     recommendations for ways to improve the Program.
       ``(2) Congress.--Not later than 30 days after the date the 
     President receives the report under paragraph (1), the 
     Director of the Office of Science and Technology Policy shall 
     transmit a copy of the report to Congress.''.
       (c) Major Research Equipment and Facilities Construction.--
     Section 14 of the National Science Foundation Authorization 
     Act of 2002 (42 U.S.C. 1862n-4) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Prioritization of Proposed Major Research Equipment 
     and Facilities Construction.--
       ``(1) Development of priorities.--The Director shall--
       ``(A) develop a list indicating by number the relative 
     priority for funding under the major research equipment and 
     facilities construction account that the Director assigns to 
     each project the Board has approved for inclusion in a future 
     budget request; and
       ``(B) submit the list described in subparagraph (A) to the 
     Board for approval.
       ``(2) Criteria.--The Director shall include in the criteria 
     for developing the list under paragraph (1) the readiness of 
     plans for construction and operation, including confidence in 
     the estimates of the full life-cycle cost (as defined in 
     section 2 of the National Science Foundation Authorization 
     Act of 1998 (42 U.S.C. 1862k note)) and the proposed schedule 
     of completion.
       ``(3) Updates.--The Director shall update the list prepared 
     under paragraph (1) each time the Board approves a new 
     project that would receive funding under the major research 
     equipment and facilities construction account and 
     periodically submit any updated list to the Board for 
     approval.'';
       (2) by striking subsection (e);
       (3) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively; and
       (4) by amending subsection (c), as redesignated, to read as 
     follows:
       ``(c) Board Approval of Major Research Equipment and 
     Facilities Projects.--The Board shall explicitly approve any 
     project to be funded out of the major research equipment and 
     facilities construction account before any funds may be 
     obligated from such account for such project.''.

     SEC. 205. REPEAL OF CERTAIN PROVISIONS.

       (a) Technology Innovation Program.--
       (1) In general.--Section 28 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278n) is repealed.
       (2) Conforming amendments.--
       (A) Additional award criteria.--Section 4226(b) of the 
     Small Business Jobs Act of 2010 (15 U.S.C. 278n note) is 
     repealed.
       (B) Management costs.--Section 2(d) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 272(d)) 
     is amended by striking ``sections 25, 26, and 28'' and 
     inserting ``sections 25 and 26''.
       (C) Annual and other reports to secretary and congress.--
     Section 10(h)(1) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278(h)(1)) is amended by striking 
     ``, including the Program established under section 28,''.
       (b) Teachers for a Competitive Tomorrow.--Sections 6111 
     through 6116 of the America COMPETES Act (20 U.S.C. 9811, 
     9812, 9813, 9814, 9815, 9816) and the items relating to those 
     sections in the table of contents under section 2 of that Act 
     (Public Law 110-69; 121 Stat. 572) are repealed.

     SEC. 206. GRANT SUBRECIPIENT TRANSPARENCY AND OVERSIGHT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Inspector General of the 
     Foundation shall prepare and submit to the appropriate 
     committees of Congress an audit of the Foundation's policies 
     and procedures governing the monitoring of pass-through 
     entities with respect to subrecipients.
       (b) Contents.--The audit shall include the following:
       (1) Information regarding the Foundation's process to 
     oversee--
       (A) the compliance of pass-through entities under section 
     200.331 and subpart F of part 200 of chapter II of subtitle A 
     of title 2, Code of Federal Regulations, and the other 
     requirements of that title for subrecipients;
       (B) whether pass-through entities have processes and 
     controls in place regarding financial compliance of 
     subrecipients, where appropriate; and
       (C) whether pass-through entities have processes and 
     controls in place to maintain approved grant objectives for 
     subrecipients, where appropriate.
       (2) Recommendations, if necessary, to increase transparency 
     and oversight while balancing administrative burdens.

     SEC. 207. MICRO-PURCHASE THRESHOLD FOR PROCUREMENT 
                   SOLICITATIONS BY RESEARCH INSTITUTIONS.

       (a) Micro-purchase Threshold.--The micro-purchase threshold 
     for procurement activities administered under sections 6303 
     through 6305 of title 31, United States Code, awarded by the 
     Foundation, the National Aeronautics and Space 
     Administration, or

[[Page S7089]]

     the National Institute of Standards and Technology to 
     institutions of higher education, or related or affiliated 
     nonprofit entities, or to nonprofit research organizations or 
     independent research institutes is--
       (1) $10,000 (as adjusted periodically to account for 
     inflation); or
       (2) such higher threshold as determined appropriate by the 
     head of the relevant executive agency and consistent with 
     audit findings under chapter 75 of title 31, United States 
     Code, internal institutional risk assessment, or State law.
       (b) Uniform Guidance.--The Uniform Guidance shall be 
     revised to conform with the requirements of this section. For 
     purposes of the preceding sentence, the term ``Uniform 
     Guidance'' means the uniform administrative requirements, 
     cost principles, and audit requirements for Federal awards 
     contained in part 200 of title 2 of the Code of Federal 
     Regulations.

     SEC. 208. COORDINATION OF INTERNATIONAL SCIENCE AND 
                   TECHNOLOGY PARTNERSHIPS.

       (a) Short Title.--This section may be cited as the 
     ``International Science and Technology Cooperation Act of 
     2016''.
       (b) Establishment.--The Director of the Office of Science 
     and Technology Policy shall establish a body under the 
     National Science and Technology Council with the 
     responsibility to identify and coordinate international 
     science and technology cooperation that can strengthen the 
     United States science and technology enterprise, improve 
     economic and national security, and support United States 
     foreign policy goals.
       (c) NSTC Body Leadership.--The body established under 
     subsection (b) shall be co-chaired by senior level officials 
     from the Office of Science and Technology Policy and the 
     Department of State.
       (d) Responsibilities.--The body established under 
     subsection (b) shall--
       (1) plan and coordinate interagency international science 
     and technology cooperative research and training activities 
     and partnerships supported or managed by Federal agencies;
       (2) work with other National Science and Technology Council 
     committees to help plan and coordinate the international 
     component of national science and technology priorities;
       (3) establish Federal priorities and policies for aligning, 
     as appropriate, international science and technology 
     cooperative research and training activities and partnerships 
     supported or managed by Federal agencies with the foreign 
     policy goals of the United States;
       (4) identify opportunities for new international science 
     and technology cooperative research and training partnerships 
     that advance both the science and technology and the foreign 
     policy priorities of the United States;
       (5) in carrying out paragraph (4), solicit input and 
     recommendations from non-Federal science and technology 
     stakeholders, including institutions of higher education, 
     scientific and professional societies, industry, and other 
     relevant organizations and institutions; and
       (6) identify broad issues that influence the ability of 
     United States scientists and engineers to collaborate with 
     foreign counterparts, including barriers to collaboration and 
     access to scientific information.
       (e) Report to Congress.--The Director of the Office of 
     Science and Technology Policy shall submit to the Committee 
     on Commerce, Science, and Transportation and the Committee on 
     Foreign Relations of the Senate and the Committee on Science, 
     Space, and Technology and the Committee on Foreign Affairs of 
     the House of Representatives a biennial report on the 
     requirements of this section.
       (f) Website.--The Director shall make each report available 
     to the public on the Office of Science and Technology Policy 
     website.
       (g) Termination.--The body established under subsection (b) 
     shall terminate on the date that is 10 years after the date 
     of enactment of this Act.
       (h) Additional Reports to Congress.--The Director of the 
     Office of Science and Technology Policy shall submit, not 
     later than 60 days after the date of enactment of this Act 
     and annually thereafter, to the Committee on Commerce, 
     Science, and Transportation and the Committee on Foreign 
     Relations of the Senate and the Committee on Science, Space, 
     and Technology and the Committee on Foreign Affairs of the 
     House of Representatives a report that lists and describes 
     the details of all foreign travel by Office of Science and 
     Technology Policy staff and detailees.

    TITLE III--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH EDUCATION

     SEC. 301. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM UPDATE.

       Section 10A of the National Science Foundation 
     Authorization Act of 2002 (42 U.S.C. 1862n-1a) is amended by 
     adding at the end the following:
       ``(k) STEM Teacher Service and Retention.--
       ``(1) In general.--The Director shall develop and implement 
     practices for increasing the proportion of individuals 
     receiving fellowships under this section who--
       ``(A) fulfill the service obligation required under 
     subsection (h); and
       ``(B) remain in the teaching profession in a high need 
     local educational agency beyond the service obligation.
       ``(2) Practices.--The practices described under paragraph 
     (1) may include--
       ``(A) partnering with nonprofit or professional 
     associations or with other government entities to provide 
     individuals receiving fellowships under this section with 
     opportunities for professional development, including 
     mentorship programs that pair those individuals with 
     currently employed and recently retired science, technology, 
     engineering, mathematics, or computer science professionals;
       ``(B) increasing recruitment from high need districts;
       ``(C) establishing a system to better collect, track, and 
     respond to data on the career decisions of individuals 
     receiving fellowships under this section;
       ``(D) conducting research to better understand factors 
     relevant to teacher service and retention, including factors 
     specifically impacting the retention of teachers who are 
     individuals identified in sections 33 and 34 of the Science 
     and Engineering Equal Opportunities Act (42 U.S.C. 1885a, 
     1885b); and
       ``(E) conducting pilot programs to improve teacher service 
     and retention.''.

     SEC. 302. SPACE GRANTS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the National Space Grant College and Fellowship Program has 
     been an important program by which the Federal Government has 
     partnered with universities, colleges, industry, and other 
     organizations to provide hands-on STEM experiences, fostering 
     of multidisciplinary space research, and supporting graduate 
     fellowships in space-related fields, among other purposes.
       (b) Administrative Costs.--Section 40303 of title 51, 
     United States Code, is amended by adding at the end the 
     following:
       ``(d) Program Administration Costs.--In carrying out the 
     provisions of this chapter, the Administrator--
       ``(1) shall maximize appropriated funds for grants and 
     contracts made under section 40304 in each fiscal year; and
       ``(2) in each fiscal year, the Administrator shall limit 
     its program administration costs to no more than 5 percent of 
     funds appropriated for this program for that fiscal year.
       ``(e) Reports.--For any fiscal year in which the 
     Administrator cannot meet the administration cost target 
     under subsection (d)(2), if the Administration is unable to 
     limit program costs under subsection (b), the Administrator 
     shall submit to the appropriate committees of Congress a 
     report, including--
       ``(1) a description of why the Administrator did not meet 
     the cost target under subsection (d); and
       ``(2) the measures the Administrator will take in the next 
     fiscal year to meet the cost target under subsection (d) 
     without drawing upon other Federal funding.''.

     SEC. 303. STEM EDUCATION ADVISORY PANEL.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment this Act, the Director of the Foundation, 
     Secretary of Education, Administrator of the National 
     Aeronautics and Space Administration, and Administrator of 
     the National Oceanic and Atmospheric Administration shall 
     jointly establish an advisory panel (referred to in this 
     section as the ``STEM Education Advisory Panel'') to advise 
     the Committee on STEM Education of the National Science and 
     Technology Council (referred to in this section as 
     ``CoSTEM'') on matters relating to STEM education.
       (b) Members.--
       (1) In general.--The STEM Education Advisory Panel shall be 
     composed of not less than 11 members.
       (2) Appointment.--
       (A) In general.--Subject to subparagraph (B), the Director 
     of the Foundation, in consultation with the Secretary of 
     Education and the heads of the Federal science agencies, 
     shall appoint the members of the STEM Education Advisory 
     Panel.
       (B) Consideration.--In selecting individuals to appoint 
     under subparagraph (A), the Director of the Foundation shall 
     seek and give consideration to recommendations from Congress, 
     industry, the scientific community, including the National 
     Academy of Sciences, scientific professional societies, 
     academia, State and local governments, organizations 
     representing individuals identified in section 33 or section 
     34 of the Science and Engineering Equal Opportunities Act (42 
     U.S.C. 1885a, 1885b), and such other organizations as the 
     Director considers appropriate.
       (C) Qualifications.--Members shall--
       (i) primarily be individuals from academic institutions, 
     nonprofit organizations, and industry, including in-school, 
     out-of-school, and informal education practitioners; and
       (ii) be individuals who are qualified to provide advice and 
     information on STEM education research, development, 
     training, implementation, interventions, professional 
     development, or workforce needs or concerns.
       (c) Responsibilities.--
       (1) In general.--The STEM Education Advisory Panel shall--
       (A) advise CoSTEM;
       (B) periodically assess CoSTEM's progress in carrying out 
     its responsibilities under section 101(b) of the America 
     COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621(b)); and
       (C) help identify any need or opportunity to update the 
     strategic plan under section 101(b) of that Act.
       (2) Considerations.--In its advisory role, the STEM 
     Education Advisory Panel shall consider--
       (A) the management, coordination, and implementation of 
     STEM education programs and activities across the Federal 
     Government;

[[Page S7090]]

       (B) the appropriateness of criteria used by Federal 
     agencies to evaluate the effectiveness of Federal STEM 
     education programs and activities;
       (C) whether societal and workforce concerns are adequately 
     addressed by current Federal STEM education programs and 
     activities;
       (D) how Federal agencies can incentivize institutions of 
     higher education to improve retention of STEM students;
       (E) ways to leverage private and nonprofit STEM investments 
     and encourage public-private partnerships to strengthen STEM 
     education and help build the STEM workforce pipeline;
       (F) ways to incorporate workforce needs into Federal STEM 
     education programs and activities, particularly for specific 
     employment fields of national interest and employment fields 
     experiencing high unemployment rates;
       (G) ways to better vertically and horizontally integrate 
     Federal STEM education programs and activities from pre-
     kindergarten through graduate study and the workforce, and 
     from in-school to out-of-school in order to improve 
     transitions for students moving through the STEM education 
     and workforce pipelines;
       (H) the extent to which Federal STEM education programs and 
     activities are contributing to recruitment and retention of 
     individuals identified in sections 33 and 34 of the Science 
     and Engineering Equal Opportunities Act (42 U.S.C. 1885a, 
     1885b) in the STEM education and workforce pipelines; and
       (I) ways to encourage geographic diversity in the STEM 
     education and the workforce pipelines.
       (3) Recommendations.--The STEM Education Advisory Panel 
     shall make recommendations to improve Federal STEM education 
     programs and activities based on each assessment under 
     paragraph (1)(B).
       (d) Funding.--The Director of the Foundation, the Secretary 
     of Education, the Administrator of the National Aeronautics 
     and Space Administration, and the Administrator of the 
     National Oceanic and Atmospheric Administration shall jointly 
     make funds available on an annual basis to support the 
     activities of the STEM Education Advisory Panel.
       (e) Reports.--Not later than 1 year after the date of 
     enactment of this Act, and after each assessment under 
     subsection (c)(1)(B), the STEM Education Advisory Panel shall 
     submit to the appropriate committees of Congress and CoSTEM a 
     report on its assessment under that subsection and its 
     recommendations under subsection (c)(3).
       (f) Travel Expenses of Non-Federal Members.--
       (1) In general.--Non-Federal members of the STEM Education 
     Advisory Panel, while attending meetings of the panel or 
     while otherwise serving at the request of a co-chairperson 
     away from their homes or regular places of business, may be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code, for individuals in the Government serving 
     without pay.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to prohibit members of the STEM Advisory Panel 
     who are officers or employees of the United States from being 
     allowed travel expenses, including per diem in lieu of 
     subsistence, in accordance with existing law.
       (g) Termination.--The STEM Education Advisory Panel 
     established under subsection (a) shall terminate on the date 
     that is 5 years after the date that it is established.

     SEC. 304. COMMITTEE ON STEM EDUCATION.

       (a) Responsibilities.--Section 101(b) of the America 
     COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621(b)) is 
     amended--
       (1) in paragraph (5)(D), by striking ``; and'' and 
     inserting a semicolon;
       (2) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(7) collaborate with the STEM Education Advisory Panel 
     established under section 303 of the American Innovation and 
     Competitiveness Act and other outside stakeholders to ensure 
     the engagement of the STEM education community;
       ``(8) review the measures used by a Federal agency to 
     evaluate its STEM education activities and programs;
       ``(9) request and review feedback from States on how the 
     States are utilizing Federal STEM education programs and 
     activities; and
       ``(10) recommend the reform, termination, or consolidation 
     of Federal STEM education activities and programs, taking 
     into consideration the recommendations of the STEM Education 
     Advisory Panel.''.
       (b) Reports.--Section 101 of the America COMPETES 
     Reauthorization Act of 2010 (42 U.S.C. 6621) is amended--
       (1) by striking ``(c) Report.--'' and inserting ``(d) 
     Reports.--'';
       (2) by striking ``(b) Responsibilities of OSTP.--'' and 
     inserting ``(c) Responsibilities of OSTP.--''; and
       (3) in subsection (d), as redesignated--
       (A) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(6) a description of all consolidations and terminations 
     of Federal STEM education programs and activities implemented 
     in the previous fiscal year, including an explanation for the 
     consolidations and terminations;
       ``(7) recommendations for reforms, consolidations, and 
     terminations of STEM education programs or activities in the 
     upcoming fiscal year; and
       ``(8) a description of any significant new STEM education 
     public-private partnerships.''.

     SEC. 305. PROGRAMS TO EXPAND STEM OPPORTUNITIES.

       (a) Findings.--Congress makes the following findings:
       (1) Economic projections by the Bureau of Labor Statistics 
     indicate that by 2018, there could be 2,400,000 unfilled STEM 
     jobs.
       (2) Women represent slightly more than half the United 
     States population, and projections indicate that 54 percent 
     of the population will be a member of a racial or ethnic 
     minority group by 2050.
       (3) Despite representing half the population, women 
     comprise only about 30 percent of STEM workers according to a 
     2015 report by the National Center for Science and 
     Engineering Statistics.
       (4) A 2014 National Center for Education Statistics study 
     found that underrepresented populations leave the STEM fields 
     at higher rates than their counterparts.
       (5) The representation of women in STEM drops significantly 
     at the faculty level. Overall, women hold only 25 percent of 
     all tenured and tenure-track positions and 17 percent of full 
     professor positions in STEM fields in our Nation's 
     universities and 4-year colleges.
       (6) Black and Hispanic faculty together hold about 6.5 
     percent of all tenured and tenure-track positions and 5 
     percent of full professor positions.
       (7) Many of the numbers in the American Indian or Alaskan 
     Native and Native Hawaiian or Other Pacific Islander 
     categories for different faculty ranks were too small for the 
     Foundation to report publicly without potentially 
     compromising confidential information about the individuals 
     being surveyed.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is critical to our Nation's economic leadership and 
     global competitiveness that the United States educate, train, 
     and retain more scientists, engineers, and computer 
     scientists;
       (2) there is currently a disconnect between the 
     availability of and growing demand for STEM-skilled workers;
       (3) historically, underrepresented populations are the 
     largest untapped STEM talent pools in the United States; and
       (4) given the shifting demographic landscape, the United 
     States should encourage full participation of individuals 
     from underrepresented populations in STEM fields.
       (c) Reaffirmation.--The Director of the Foundation shall 
     continue to support programs designed to broaden 
     participation of underrepresented populations in STEM fields.
       (d) Grants to Broaden Participation.--
       (1) In general.--The Director of the Foundation shall award 
     grants on a competitive, merit-reviewed basis, to eligible 
     entities to increase the participation of underrepresented 
     populations in STEM fields, including individuals identified 
     in section 33 or section 34 of the Science and Engineering 
     Equal Opportunities Act (42 U.S.C. 1885a, 1885b).
       (2) Center of excellence.--
       (A) In general.--Grants awarded under this subsection may 
     include grants for the establishment of a Center of 
     Excellence to collect, maintain, and disseminate information 
     to increase participation of underrepresented populations in 
     STEM fields.
       (B) Purpose.--The purpose of a Center of Excellence under 
     this subsection is to promote diversity in STEM fields by 
     building on the success of the INCLUDES programs, providing 
     technical assistance, maintaining best practices, and 
     providing related training at federally funded academic 
     institutions.
       (e) Accountability and Dissemination.--
       (1) Evaluation.--
       (A) In general.--Not later than 5 years after the date of 
     enactment of this Act, the Director of the Foundation shall 
     evaluate the grants provided under this section.
       (B) Requirements.--In conducting the evaluation under 
     subparagraph (A), the Director shall--
       (i) use a common set of benchmarks and assessment tools to 
     identify best practices and materials developed or 
     demonstrated by the research; and
       (ii) to the extent practicable, combine the research 
     resulting from the grant activity under subsection (e) with 
     the current research on serving underrepresented students in 
     grades kindergarten through 8.
       (2) Report on evaluations.--Not later than 180 days after 
     the completion of the evaluation under paragraph (1), the 
     Director of the Foundation shall submit to the appropriate 
     committees of Congress and make widely available to the 
     public a report that includes--
       (A) the results of the evaluation; and
       (B) any recommendations for administrative and legislative 
     action that could optimize the effectiveness of the program.
       (f) Coordination.--In carrying out this section, the 
     Director of the Foundation shall consult and cooperate with 
     the programs and policies of other relevant Federal agencies 
     to avoid duplication with and enhance the effectiveness of 
     the program under this section.

[[Page S7091]]

  


     SEC. 306. NIST EDUCATION AND OUTREACH.

       (a) Repeal.--The National Institute of Standards and 
     Technology Act (15 U.S.C. 271 et seq.) is amended by striking 
     section 18 (15 U.S.C. 278g-1).
       (b) Education and Outreach.--The National Institute of 
     Standards and Technology Act (15 U.S.C. 271 et seq.), as 
     amended, is further amended by inserting after section 17, 
     the following:

     ``SEC. 18. EDUCATION AND OUTREACH.

       ``(a) In General.--The Director is authorized to expend 
     funds appropriated for activities of the Institute in any 
     fiscal year, to support, promote, and coordinate activities 
     and efforts to enhance public awareness and understanding of 
     measurement sciences, standards and technology at the 
     national measurement laboratories and otherwise in 
     fulfillment of the mission of the Institute. The Director may 
     carry out activities under this subsection, including 
     education and outreach activities to the general public, 
     industry and academia in support of the Institute's mission.
       ``(b) Hiring.--The Director, in coordination with the 
     Director of the Office of Personnel Management, may revise 
     the procedures the Director applies when making appointments 
     to laboratory positions within the competitive service--
       ``(1) to ensure corporate memory of and expertise in the 
     fundamental ongoing work, and on developing new capabilities 
     in priority areas;
       ``(2) to maintain high overall technical competence;
       ``(3) to improve staff diversity;
       ``(4) to balance emphases on the noncore and core areas; or
       ``(5) to improve the ability of the Institute to compete in 
     the marketplace for qualified personnel.
       ``(c) Volunteers.--
       ``(1) In general.--The Director may establish a program to 
     use volunteers in carrying out the programs of the Institute.
       ``(2) Acceptance of personnel.--The Director may accept, 
     subject to regulations issued by the Office of Personnel 
     Management, voluntary service for the Institute for such 
     purpose if the service--
       ``(A) is to be without compensation; and
       ``(B) will not be used to displace any current employee or 
     act as a substitute for any future full-time employee of the 
     Institute.
       ``(3) Federal employee status.--Any individual who provides 
     voluntary service under this subsection shall not be 
     considered a Federal employee, except for purposes of chapter 
     81 of title 5, United States Code (relating to compensation 
     for injury), and sections 2671 through 2680 of title 28, 
     United States Code (relating to tort claims).
       ``(d) Research Fellowships.--
       ``(1) In general.--The Director may expend funds 
     appropriated for activities of the Institute in any fiscal 
     year, as the Director considers appropriate, for awards of 
     research fellowships and other forms of financial and 
     logistical assistance, including direct stipend awards to--
       ``(A) students at institutions of higher learning within 
     the United States who show promise as present or future 
     contributors to the mission of the Institute; and
       ``(B) United States citizens for research and technical 
     activities of the Institute, including programs.
       ``(2) Selection criteria.--The selection of persons to 
     receive such fellowships and assistance shall be made on the 
     basis of ability and of the relevance of the proposed work to 
     the mission and programs of the Institute.
       ``(3) Financial and logistical assistance.--Notwithstanding 
     section 1345 of title 31, United States Code, or any other 
     law to the contrary, the Director may include as a form of 
     financial or logistical assistance under this subsection 
     temporary housing and transportation to and from Institute 
     facilities.
       ``(e) Educational Outreach Activities.--The Director may--
       ``(1) facilitate education programs for undergraduate and 
     graduate students, postdoctoral researchers, and academic and 
     industry employees;
       ``(2) sponsor summer workshops for STEM kindergarten 
     through grade 12 teachers as appropriate;
       ``(3) develop programs for graduate student internships and 
     visiting faculty researchers;
       ``(4) document publications, presentations, and 
     interactions with visiting researchers and sponsoring interns 
     as performance metrics for improving and continuing 
     interactions with those individuals; and
       ``(5) facilitate laboratory tours and provide presentations 
     for educational, industry, and community groups.''.
       (c) Post-doctoral Fellowship Program.--Section 19 of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278g-2) is amended to read as follows:

     ``SEC. 19. POST-DOCTORAL FELLOWSHIP PROGRAM.

       ``(a) In General.--The Institute and the National Academy 
     of Sciences, jointly, shall establish and conduct a post-
     doctoral fellowship program, subject to the availability of 
     appropriations.
       ``(b) Organization.--The post-doctoral fellowship program 
     shall include not less than 20 new fellows per fiscal year.
       ``(c) Evaluations.--In evaluating applications for post-
     doctoral fellowships under this section, the Director of the 
     Institute and the President of the National Academy of 
     Sciences shall give consideration to the goal of promoting 
     the participation of individuals identified in sections 33 
     and 34 of the Science and Engineering Equal Opportunities Act 
     (42 U.S.C. 1885a, 1885b) in research areas supported by the 
     Institute.''.
       (d) Savings Clauses.--
       (1) Research fellowships and other financial assistance to 
     students at institutes of higher education.--The repeal made 
     by subsection (a) of this section shall not affect any award 
     of a research fellowship or other form of financial 
     assistance made under section 18 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-1) before the 
     date of enactment of this Act. Such award shall continue to 
     be subject to the requirements to which such funds were 
     subject under that section before the date of enactment of 
     this Act.
       (2)  Post-doctoral fellowship program.--The amendment made 
     by subsection (c) of this section shall not affect any award 
     of a post-doctoral fellowship or other form of financial 
     assistance made under section 19 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-2) before the 
     date of enactment of this Act. Such awards shall continue to 
     be subject to the requirements to which such funds were 
     subject under that section before the date of enactment of 
     this Act.

     SEC. 307. PRESIDENTIAL AWARDS FOR EXCELLENCE IN STEM 
                   MENTORING.

       (a) In General.--The Director of the Foundation shall 
     continue to administer awards on behalf of the Office of 
     Science and Technology Policy to recognize outstanding 
     mentoring in STEM fields.
       (b) Annual Award Recipients.--The Director of the 
     Foundation shall provide Congress with a list of award 
     recipients, including the name, institution, and a brief 
     synopsis of the impact of the mentoring efforts.

     SEC. 308. WORKING GROUP ON INCLUSION IN STEM FIELDS.

       (a) Establishment.--The Office of Science and Technology 
     Policy, in collaboration with Federal departments and 
     agencies, shall establish an interagency working group to 
     compile and summarize available research and best practices 
     on how to promote diversity and inclusions in STEM fields and 
     examine whether barriers exist to promoting diversity and 
     inclusion within Federal agencies employing scientists and 
     engineers.
       (b) Responsibilities.--The working group shall be 
     responsible for reviewing and assessing research, best 
     practices, and policies across Federal science agencies 
     related to the inclusion of individuals identified in 
     sections 33 and 34 of the Science and Engineering Equal 
     Opportunities Act (42 U.S.C. 1885a, 1885b) in the Federal 
     STEM workforce, including available research and best 
     practices on how to promote diversity and inclusion in STEM 
     fields, including--
       (1) policies providing flexibility for scientists and 
     engineers that are also caregivers, particularly on the 
     timing of research grants;
       (2) policies to address the proper handling of claims of 
     sexual harassment;
       (3) policies to minimize the effects of implicit bias and 
     other systemic factors in hiring, promotion, evaluation and 
     the workplace in general; and
       (4) other evidence-based strategies that the working group 
     considers effective for promoting diversity and inclusion in 
     the STEM fields.
       (c) Stakeholder Input.--In carrying out the 
     responsibilities under section (b), the working group shall 
     solicit and consider input and recommendations from non-
     Federal stakeholders, including--
       (1) the Council of Advisors on Science and Technology;
       (2) federally funded and non-federally funded researchers, 
     institutions of higher education, scientific disciplinary 
     societies, and associations;
       (3) nonprofit research institutions;
       (4) industry, including small businesses;
       (5) federally funded research and development centers;
       (6) non-governmental organizations; and
       (7) such other members of the public interested in 
     promoting a diverse and inclusive Federal STEM workforce.
       (d) Public Reports.--Not later than 1 year after the date 
     of enactment of this Act, and periodically thereafter, the 
     working group shall publish a report on the review and 
     assessment under subsection (b), including a summary of 
     available research and best practices, any recommendations 
     for Federal actions to promote a diverse and inclusive 
     Federal STEM workforce, and updates on the implementation of 
     previous recommendations for Federal actions.
       (e) Termination.--The interagency working group established 
     under subsection (a) shall terminate on the date that is 10 
     years after the date that it is established.

     SEC. 309. IMPROVING UNDERGRADUATE STEM EXPERIENCES.

       (a) Sense of Congress.--It is the sense of Congress that 
     each Federal science agency should invest in and expand 
     research opportunities for undergraduate students attending 
     institutions of higher education during the undergraduate 
     students' first 2 academic years of postsecondary education.
       (b) Identification of Research Programs.--Not later than 1 
     year after the date of enactment of this Act, the head of 
     each Federal agency shall submit to the President 
     recommendations regarding how the agency could best fulfill 
     the goals described in subsection (a).

[[Page S7092]]

  


     SEC. 310. COMPUTER SCIENCE EDUCATION RESEARCH.

       (a) Findings.--Congress finds that as the lead Federal 
     agency for building the research knowledge base for computer 
     science education, the Foundation is well positioned to make 
     investments that will accelerate ongoing efforts to enable 
     rigorous and engaging computer science throughout the Nation 
     as an integral part of STEM education.
       (b) Grant Program.--
       (1) In general.--The Director of the Foundation shall award 
     grants to eligible entities to research computer science 
     education and computational thinking.
       (2) Research.--The research described in paragraph (1) may 
     include the development or adaptation, piloting or full 
     implementation, and testing of--
       (A) models of preservice preparation for teachers who will 
     teach computer science and computational thinking;
       (B) scalable and sustainable models of professional 
     development and ongoing support for the teachers described in 
     subparagraph (A);
       (C) tools and models for teaching and learning aimed at 
     supporting student success and inclusion in computing within 
     and across diverse populations, particularly poor, rural, and 
     tribal populations and other populations that have been 
     historically underrepresented in computer science and STEM 
     fields; and
       (D) high-quality learning opportunities for teaching 
     computer science and, especially in poor, rural, or tribal 
     schools at the elementary school and middle school levels, 
     for integrating computational thinking into STEM teaching and 
     learning.
       (c) Collaborations.--In carrying out the grants established 
     in subsection (b), eligible entities may collaborate and 
     partner with local or remote schools to support the 
     integration of computing and computational thinking within 
     pre-kindergarten through grade 12 STEM curricula and 
     instruction.
       (d) Metrics.--The Director of the Foundation shall develop 
     metrics to measure the success of the grant program funded 
     under this section in achieving program goals.
       (e) Report.--The Director of the Foundation shall report, 
     in the annual budget submission to Congress, on the success 
     of the program as measured by the metrics in subsection (d).
       (f) Definition of Eligible Entity.--In this section, the 
     term ``eligible entity'' means an institution of higher 
     education or a nonprofit research organization.

     SEC. 311. INFORMAL STEM EDUCATION.

       (a) National STEM Partnership Grants.--Section 3(a) of the 
     STEM Education Act of 2015 (42 U.S.C. 1862q(a)) is amended--
       (1) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) a national partnership of institutions involved in 
     informal STEM learning.''.
       (b) Use of Funds.--Section 3(b) of the STEM Education Act 
     of 2015 (42 U.S.C. 1862q(b)) is amended--
       (1) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(3) fostering on-going partnerships between institutions 
     involved in informal STEM learning, institutions of higher 
     education, and education research centers; and
       ``(4) developing, and making available informal STEM 
     education activities and educational materials.''.

     SEC. 312. DEVELOPING STEM APPRENTICESHIPS.

       (a) Findings.--Congress makes the following findings:
       (1) The lack of data on the return on investment for United 
     States employers using registered apprenticeships makes it 
     difficult--
       (A) to communicate the value of these programs to 
     businesses; and
       (B) to expand registered apprenticeships.
       (2) The lack of data on the value and impact of employer-
     provided worker training, which is likely substantial, 
     hinders the ability of the Federal Government to formulate 
     policy related to workforce training.
       (3) The Secretary of Commerce has initiated--
       (A) the first study on the return on investment for United 
     States employers using registered apprenticeships through 
     case studies of firms in various sectors, occupations, and 
     geographic locations to provide the business community with 
     data on employer benefits and costs; and
       (B) discussions with officials at relevant Federal agencies 
     about the need to collect comprehensive data on--
       (i) employer-provided worker training; and
       (ii) existing tools that could be used to collect such 
     data.
       (b) Development of Apprenticeship Information.--The 
     Secretary of Commerce shall continue to research the value to 
     businesses of utilizing apprenticeship programs, including--
       (1) evidence of return on investment of apprenticeships, 
     including estimates for the average time it takes a business 
     to recover the costs associated with training apprentices; 
     and
       (2) data from the United States Census Bureau and other 
     statistical surveys on employer-provided training, including 
     apprenticeships and other on-the-job training and industry-
     recognized certification programs.
       (c) Dissemination of Apprenticeship Information.--The 
     Secretary of Commerce shall disseminate findings from 
     research on apprenticeships to businesses and other relevant 
     stakeholders, including--
       (1) institutions of higher education;
       (2) State and local chambers of commerce; and
       (3) workforce training organizations.
       (d) New Apprenticeship Program Study.--The Secretary of 
     Commerce may collaborate with the Secretary of Labor to study 
     approaches for reducing the cost of creating new 
     apprenticeship programs and hosting apprentices for 
     businesses, particularly small businesses, including--
       (1) training sharing agreements;
       (2) group training models; and
       (3) pooling resources and best practices.
       (e) Economic Development Administration Grants.--The 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3701 et seq.) is amended by adding at the end the following:

     ``SEC. 28. STEM APPRENTICESHIP PROGRAMS.

       ``(a) In General.--The Secretary of Commerce may carry out 
     a grant program to identify the need for skilled science, 
     technology, engineering, and mathematics (referred to in this 
     section as `STEM') workers and to expand STEM apprenticeship 
     programs.
       ``(b) Eligible Recipient Defined.--In this section, the 
     term `eligible recipient' means--
       ``(1) a State;
       ``(2) an Indian tribe;
       ``(3) a city or other political subdivision of a State;
       ``(4) an entity that--
       ``(A) is a nonprofit organization, an institution of higher 
     education, a public-private partnership, a science or 
     research park, a Federal laboratory, or an economic 
     development organization or similar entity; and
       ``(B) has an application that is supported by a State, a 
     political subdivision of a State, or a native organization; 
     or
       ``(5) a consortium of any of the entities described in 
     paragraphs (1) through (5).
       ``(c) Needs Assessment Grants.--The Secretary of Commerce 
     may provide a grant to an eligible recipient to conduct a 
     needs assessment to identify--
       ``(1) the unmet need of a region's employer base for 
     skilled STEM workers;
       ``(2) the potential of STEM apprenticeships to address the 
     unmet need described in paragraph (1); and
       ``(3) any barriers to addressing the unmet need described 
     in paragraph (1).
       ``(d) Apprenticeship Expansion Grants.--The Secretary of 
     Commerce may provide a grant to an eligible recipient that 
     has conducted a needs assessment as described in subsection 
     (c)(1) to develop infrastructure to expand STEM 
     apprenticeship programs.''.

     SEC. 313. NSF REPORT ON BROADENING PARTICIPATION.

       Section 204(e) of the National Science Foundation 
     Authorization Act of 1988 (42 U.S.C. 1885c(e)) is amended to 
     read as follows:
       ``(e) Biennial Report.--Every 2 years, the Committee shall 
     prepare and submit to the Director a report on its activities 
     during the previous 2 years and proposed activities for the 
     next 2 years. The Director shall submit to Congress the 
     report, unaltered, together with such comments as the 
     Director considers appropriate, including--
       ``(1) review data on the participation in Foundation 
     activities of institutions serving populations that are 
     underrepresented in STEM disciplines, including poor, rural, 
     and tribal populations; and
       ``(2) recommendations regarding how the Foundation could 
     improve outreach and inclusion of these populations in 
     Foundation activities.''.

     SEC. 314. NOAA SCIENCE EDUCATION PROGRAMS.

       (a) In General.--Section 4002(a) of the America COMPETES 
     Act (33 U.S.C. 893a(a)) is amended by striking ``agency, with 
     consideration given to the goal of promoting the 
     participation of individuals from underrepresented groups'' 
     and inserting ``the agency, with consideration given to the 
     goal of promoting the participation of individuals identified 
     in sections 33 and 34 of the Science and Engineering Equal 
     Opportunities Act (42 U.S.C. 1885a, 1885b)''.
       (b) Educational Program Goals.--Section 4002(b)(4) of the 
     America COMPETES Act (33 U.S.C. 893a(b)(4)) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) by redesignating subparagraph (C) and subparagraph (D);
       (3) by inserting after subparagraph (B) the following:
       ``(C) are designed considering the unique needs of 
     underrepresented groups, translating such materials and other 
     resources;''; and
       (4) by adding at the end the following:
       ``(E) are promoted widely, especially among individuals 
     identified in sections 33 and 34 of the Science and 
     Engineering Equal Opportunities Act (42 U.S.C. 1885a, 1885b); 
     and''.
       (c) Metrics.--Section 4002 of the America COMPETES Act (33 
     U.S.C. 893a) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by adding after section (c) the following:
       ``(d) Metrics.--In executing the National Oceanic and 
     Atmospheric Administration science education plan under 
     subsection (c),

[[Page S7093]]

     the Administrator shall maintain a comprehensive system for 
     evaluating the Administration's educational programs and 
     activities. In so doing, the Administrator shall ensure that 
     such education programs have measurable objectives and 
     milestones as well as clear, documented metrics for 
     evaluating programs. For each such education program or 
     portfolio of similar programs, the Administrator shall--
       ``(1) encourage the collection of evidence as relevant to 
     the measurable objectives and milestones; and
       ``(2) ensure that program or portfolio evaluations focus on 
     educational outcomes and not just inputs, activities 
     completed, or the number of participants.''.

     SEC. 315. HISPANIC-SERVING INSTITUTIONS UNDERGRADUATE PROGRAM 
                   UPDATE.

       (a) In General.--Section 7033(a) of the America COMPETES 
     Act (42 U.S.C. 1862o-12(a)) is amended as follows:
       ``(a) In General.--The Director shall award grants on a 
     competitive, merit-reviewed basis to Hispanic-serving 
     institutions (as defined in section 502 of the Higher 
     Education Act of 1965 (20 U.S.C. 1101a)) to enhance the 
     quality of undergraduate STEM education at such institutions 
     and to increase the retention and graduation rates of 
     students pursuing associate's or baccalaureate degrees in 
     science, technology, engineering, and mathematics.''.
       (b) Savings Provision.--The amendment made by subsection 
     (a) of this section shall not affect any award of a grant or 
     other form of financial assistance made under section 7033 of 
     the America COMPETES Act (42 U.S.C. 1862o-12) before the date 
     of enactment of this Act. Such awards shall continue to be 
     subject to the requirements to which such funds were subject 
     under that section before the date of enactment of this Act.

                TITLE IV--LEVERAGING THE PRIVATE SECTOR

     SEC. 401. PRIZE COMPETITION AUTHORITY UPDATE.

       (a) Short Title.--This section may be cited as the 
     ``Science Prize Competition Act''.
       (b) In General.--Section 24 of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3719) is 
     amended--
       (1) in subsection (c)--
       (A) in the subsection heading, by striking ``Prizes'' and 
     by inserting ``Prize Competitions'';
       (B) in the matter preceding paragraph (1), by striking 
     ``prize may be one or more of the following'' and inserting 
     ``prize competition may be 1 or more of the following types 
     of activities'';
       (C) in paragraph (2), by inserting ``competition'' after 
     ``prize''; and
       (D) in paragraphs (3) and (4), by striking ``prizes'' and 
     inserting ``prize competitions'';
       (2) in subsection (f)--
       (A) in the matter preceding paragraph (1), by striking ``in 
     the Federal Register'' and inserting ``on a publicly 
     accessible Government website, such as www.challenge.gov,'';
       (B) in paragraphs (1), (2), and (3), by inserting ``prize'' 
     before ``competition''; and
       (C) in paragraph (4), by striking ``prize'' and inserting 
     ``cash prize purse or non-cash prize award'';
       (3) in subsection (g)--
       (A) in the matter preceding paragraph (1), by striking 
     ``prize'' and inserting ``cash prize purse''; and
       (B) in paragraph (1), by inserting ``prize'' before 
     ``competition'';
       (4) in subsection (h), by inserting ``prize'' before 
     ``competition'' each place it appears;
       (5) in subsection (i)--
       (A) in paragraph (1)(B), by inserting ``prize'' before 
     ``competition'';
       (B) in paragraph (2)(A), by inserting ``prize'' before 
     ``competition'' each place it appears;
       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following:
       ``(3) Waivers.--
       ``(A) In general.--An agency may waive the requirement 
     under paragraph (2).
       ``(B) List.--The Director shall include a list of all of 
     the waivers granted under this paragraph during the preceding 
     fiscal year, including a detailed explanation of the reason 
     for granting the waiver.'';
       (6) in subsection (j)--
       (A) in paragraph (1), by inserting ``prize'' before 
     ``competition''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Licenses.--As appropriate and to further the goals of 
     a prize competition, the Federal Government may negotiate a 
     license for the use of intellectual property developed by a 
     registered participant in a prize competition.'';
       (7) in subsection (k)--
       (A) in paragraph (1), by striking ``each competition'' and 
     inserting ``each prize competition'' each place it appears;
       (B) in paragraph (2)(A), by inserting ``prize'' before 
     ``competition''; and
       (C) in paragraph (3), by inserting ``prize'' before 
     ``competitions'' each place it appears;
       (8) in subsection (l), by striking ``an agreement with'' 
     and all that follows through the period at the end and 
     inserting ``a grant, contract, cooperative agreement, or 
     other agreement with a private sector for-profit or nonprofit 
     entity or State or local government agency to administer the 
     prize competition, subject to the provisions of this 
     section.'';
       (9) in subsection (m)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--Support for a prize competition under 
     this section, including financial support for the design and 
     administration of a prize competition or funds for a cash 
     prize purse, may consist of Federal appropriated funds and 
     funds provided by private sector for-profit and nonprofit 
     entities. The head of an agency may request and accept funds 
     from other Federal agencies, State, United States territory, 
     local, or tribal government agencies, private sector for-
     profit entities, and nonprofit entities, to be available to 
     the extent provided by appropriations Acts, to support such 
     prize competitions. The head of an agency may not give any 
     special consideration to any agency or entity in return for a 
     donation.'';
       (B) in paragraph (2), by striking ``prize awards'' and 
     inserting ``cash prize purses or non-cash prize awards'';
       (C) in paragraph (3)--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) Announcement.--No prize competition may be announced 
     under subsection (f) until all the funds needed to pay out 
     the announced amount of the cash prize purse have been 
     appropriated or committed in writing by a private or State, 
     United States territory, local, or tribal government 
     source.''; and
       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``a 
     prize'' and inserting ``a cash prize purse or non-cash prize 
     award'';
       (II) in clause (i), by inserting ``competition'' after 
     ``prize''; and
       (III) in clause (ii), by inserting ``or State, United 
     States territory, local, or tribal government'' after 
     ``private''; and

       (D) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) by striking ``a prize'' and inserting ``a cash prize 
     purse or a non-cash prize award''; and
       (II) by striking ``Science and Technology'' and inserting 
     ``Science, Space, and Technology''; and

       (ii) in subparagraph (B), by striking ``cash prizes'' and 
     inserting ``cash prize purses or non-cash prize awards'';
       (10) in subsection (n)--
       (A) in the heading, by striking ``Service'' and inserting 
     ``Services'';
       (B) by striking ``the date of the enactment of the America 
     COMPETES Reauthorization Act of 2010,'' and inserting ``the 
     date of enactment of the American Innovation and 
     Competitiveness Act,''; and
       (C) by inserting ``for both for-profit and nonprofit 
     entities and State, United States territory, local, and 
     tribal government entities,'' after ``contract vehicle'';
       (11) in subsection (o)(1), by striking ``or providing a 
     prize'' and inserting ``a prize competition or providing a 
     cash prize purse or non-cash prize award''; and
       (12) in subsection (p)--
       (A) in the heading, by striking ``Annual'' and inserting 
     ``Biennial'';
       (B) in paragraph (1)--
       (i) by striking ``each year'' and inserting ``every other 
     year'';
       (ii) by striking ``Science and Technology'' and inserting 
     ``Science, Space, and Technology''; and
       (iii) by striking ``fiscal year'' and inserting ``2 fiscal 
     years''; and
       (C) in paragraph (2)--
       (i) by striking ``The report for a fiscal year'' and 
     inserting ``A report'';
       (ii) in subparagraph (C)--

       (I) in the heading, by striking ``prizes'' and inserting 
     ``prize purses or non-cash prize awards''; and
       (II) by striking ``cash prizes'' each place it appears and 
     inserting ``cash prize purses or non-cash prize awards''; and

       (iii) by adding at the end the following:
       ``(G) Plan.--A description of crosscutting topical areas 
     and agency-specific mission needs that may be the strongest 
     opportunities for prize competitions during the upcoming 2 
     fiscal years.''.

     SEC. 402. CROWDSOURCING AND CITIZEN SCIENCE.

       (a) Short Title.--This section may be cited as the 
     ``Crowdsourcing and Citizen Science Act''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the authority granted to Federal agencies under the 
     America COMPETES Reauthorization Act of 2010 (Public Law 111-
     358; 124 Stat. 3982) to pursue the use of incentive prizes 
     and challenges has yielded numerous benefits;
       (2) crowdsourcing and citizen science projects have a 
     number of additional unique benefits, including accelerating 
     scientific research, increasing cost effectiveness to 
     maximize the return on taxpayer dollars, addressing societal 
     needs, providing hands-on learning in STEM, and connecting 
     members of the public directly to Federal science agency 
     missions and to each other; and
       (3) granting Federal science agencies the direct, explicit 
     authority to use crowdsourcing and citizen science will 
     encourage its appropriate use to advance Federal science 
     agency missions and stimulate and facilitate broader public 
     participation in the innovation process, yielding numerous 
     benefits to the Federal Government and citizens who 
     participate in such projects.
       (c) Definitions.--In this section:
       (1) Citizen science.--The term ``citizen science'' means a 
     form of open collaboration

[[Page S7094]]

     in which individuals or organizations participate voluntarily 
     in the scientific process in various ways, including--
       (A) enabling the formulation of research questions;
       (B) creating and refining project design;
       (C) conducting scientific experiments;
       (D) collecting and analyzing data;
       (E) interpreting the results of data;
       (F) developing technologies and applications;
       (G) making discoveries; and
       (H) solving problems.
       (2) Crowdsourcing.--The term ``crowdsourcing'' means a 
     method to obtain needed services, ideas, or content by 
     soliciting voluntary contributions from a group of 
     individuals or organizations, especially from an online 
     community.
       (3) Participant.--The term ``participant'' means any 
     individual or other entity that has volunteered in a 
     crowdsourcing or citizen science project under this section.
       (d) Crowdsourcing and Citizen Science.--
       (1) In general.--The head of each Federal science agency, 
     or the heads of multiple Federal science agencies working 
     cooperatively, may utilize crowdsourcing and citizen science 
     to conduct projects designed to advance the mission of the 
     respective Federal science agency or the joint mission of 
     Federal science agencies, as applicable.
       (2) Voluntary services.--Notwithstanding section 1342 of 
     title 31, United States Code, the head of a Federal science 
     agency may accept, subject to regulations issued by the 
     Director of the Office of Personnel Management, in 
     coordination with the Director of the Office of Science and 
     Technology Policy, services from participants under this 
     section if such services--
       (A) are performed voluntarily as a part of a crowdsourcing 
     or citizen science project authorized under paragraph (1);
       (B) are not financially compensated for their time; and
       (C) will not be used to displace any employee of the 
     Federal Government.
       (3) Outreach.--The head of each Federal science agency 
     engaged in a crowdsourcing or citizen science project under 
     this section shall make public and promote such project to 
     encourage broad participation.
       (4) Consent, registration, and terms of use.--
       (A) In general.--Each Federal science agency shall 
     determine the appropriate level of consent, registration, or 
     acknowledgment of the terms of use that are required from 
     participants in crowdsourcing or citizen science projects 
     under this section on a per-project basis.
       (B) Disclosures.--In seeking consent, conducting 
     registration, or developing terms of use for a project under 
     this subsection, a Federal science agency shall disclose the 
     privacy, intellectual property, data ownership, compensation, 
     service, program, and other terms of use to the participant 
     in a clear and reasonable manner.
       (C) Mode of consent.--A Federal agency or Federal science 
     agencies, as applicable, may obtain consent electronically or 
     in written form from participants under this section.
       (5) Protections for human subjects.--Any crowdsourcing or 
     citizen science project under this section that involves 
     research involving human subjects shall be subject to part 46 
     of title 28, Code of Federal Regulations (or any successor 
     regulation).
       (6) Data.--
       (A) In general.--A Federal science agency shall, where 
     appropriate and to the extent practicable, make data 
     collected through a crowdsourcing or citizen science project 
     under this section available to the public, in a machine 
     readable format, unless prohibited by law.
       (B) Notice.--As part of the consent process, the Federal 
     science agency shall notify all participants--
       (i) of the expected uses of the data compiled through the 
     project;
       (ii) if the Federal science agency will retain ownership of 
     such data;
       (iii) if and how the data and results from the project 
     would be made available for public or third party use; and
       (iv) if participants are authorized to publish such data.
       (7) Technologies and applications.--Federal science 
     agencies shall endeavor to make technologies, applications, 
     code, and derivations of such intellectual property developed 
     through a crowdsourcing or citizen science project under this 
     section available to the public.
       (8) Liability.--Each participant in a crowdsourcing or 
     citizen science project under this section shall agree--
       (A) to assume any and all risks associated with such 
     participation; and
       (B) to waive all claims against the Federal Government and 
     its related entities, except for claims based on willful 
     misconduct, for any injury, death, damage, or loss of 
     property, revenue, or profits (whether direct, indirect, or 
     consequential) arising from participation in the project.
       (9) Research misconduct.--Federal science agencies 
     coordinating crowdsourcing or citizen science projects under 
     this section shall make all practicable efforts to ensure 
     that participants adhere to all relevant Federal research 
     misconduct policies and other applicable ethics policies.
       (10) Multi-sector partnerships.--The head of each Federal 
     science agency engaged in crowdsourcing or citizen science 
     under this section, or the heads of multiple Federal science 
     agencies working cooperatively, may enter into a contract or 
     other agreement to share administrative duties for such 
     projects with--
       (A) a for profit or nonprofit private sector entity, 
     including a private institution of higher education;
       (B) a State, tribal, local, or foreign government agency, 
     including a public institution of higher education; or
       (C) a public-private partnership.
       (11) Funding.--In carrying out crowdsourcing and citizen 
     science projects under this section, the head of a Federal 
     science agency, or the heads of multiple Federal science 
     agencies working cooperatively--
       (A) may use funds appropriated by Congress;
       (B) may publicize projects and solicit and accept funds or 
     in-kind support for such projects, to be available to the 
     extent provided by appropriations Acts, from--
       (i) other Federal agencies;
       (ii) for profit or nonprofit private sector entities, 
     including private institutions of higher education; or
       (iii) State, tribal, local, or foreign government agencies, 
     including public institutions of higher education; and
       (C) may not give any special consideration to any entity 
     described in subparagraph (B) in return for such funds or in-
     kind support.
       (12) Facilitation.--
       (A) General services administration assistance.--The 
     Administrator of the General Services Administration, in 
     coordination with the Director of the Office of Personnel 
     Management and the Director of the Office of Science and 
     Technology Policy, shall, at no cost to Federal science 
     agencies, identify and develop relevant products, training, 
     and services to facilitate the use of crowdsourcing and 
     citizen science projects under this section, including by 
     specifying the appropriate contract vehicles and technology 
     and organizational platforms to enhance the ability of 
     Federal science agencies to carry out the projects under this 
     section.
       (B) Additional guidance.--The head of each Federal science 
     agency engaged in crowdsourcing or citizen science under this 
     section may--
       (i) consult any guidance provided by the Director of the 
     Office of Science and Technology Policy, including the 
     Federal Crowdsourcing and Citizen Science Toolkit;
       (ii) designate a coordinator for that Federal science 
     agency's crowdsourcing and citizen science projects; and
       (iii) share best practices with other Federal agencies, 
     including participation of staff in the Federal Community of 
     Practice for Crowdsourcing and Citizen Science.
       (e) Report.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Director of the Office of 
     Science and Technology Policy shall include, as a component 
     of an annual report required under section 24(p) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3719(p)), a report on the projects and activities carried out 
     under this section.
       (2) Information included.--The report required under 
     paragraph (1) shall include--
       (A) a summary of each crowdsourcing and citizen science 
     project conducted by a Federal science agency during the most 
     recently completed 2 fiscal years, including a description of 
     the proposed goals of each crowdsourcing and citizen science 
     project;
       (B) an analysis of why the utilization of a crowdsourcing 
     or citizen science project summarized in subparagraph (A) was 
     the preferable method of achieving the goals described in 
     subparagraph (A) as opposed to other authorities available to 
     the Federal science agency, such as contracts, grants, 
     cooperative agreements, and prize competitions;
       (C) the participation rates, submission levels, number of 
     consents, and any other statistic that might be considered 
     relevant in each crowdsourcing and citizen science project;
       (D) a detailed description of--
       (i) the resources, including personnel and funding, that 
     were used in the execution of each crowdsourcing and citizen 
     science project;
       (ii) the project activities for which such resources were 
     used; and
       (iii) how the obligations and expenditures relating to the 
     project's execution were allocated among the accounts of the 
     Federal science agency, including a description of the amount 
     and source of all funds, private, public, and in-kind, 
     contributed to each crowdsourcing and citizen science 
     project;
       (E) a summary of the use of crowdsourcing and citizen 
     science by all Federal science agencies, including 
     interagency and multi-sector partnerships;
       (F) a description of how each crowdsourcing and citizen 
     science project advanced the mission of each participating 
     Federal science agency;
       (G) an identification of each crowdsourcing or citizen 
     science project where data collected through such project was 
     not made available to the public, including the reasons for 
     such action; and
       (H) any other information that the Director of the Office 
     of Science and Technology Policy considers relevant.
       (f) Savings Provision.--Nothing in this section may be 
     construed--
       (1) to affect the authority to conduct crowdsourcing and 
     citizen science authorized by any other provision of law; or

[[Page S7095]]

       (2) to displace Federal Government resources allocated to 
     the Federal science agencies that use crowdsourcing or 
     citizen science authorized under this section to carry out a 
     project.

     SEC. 403. NIST DIRECTOR FUNCTIONS UPDATE.

       Section 2(b) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 272(b)), as amended by section 403 
     of this Act, is further amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``authorized to take'' and inserting ``authorized to serve as 
     the President's principal adviser on standards policy 
     pertaining to the Nation's technological competitiveness and 
     innovation ability and to take'';
       (2) in paragraph (3), by striking ``compare standards'' and 
     all that follows through ``Federal Government'' and inserting 
     ``facilitate standards-related information sharing and 
     cooperation between Federal agencies''; and
       (3) in paragraph (13), by striking ``Federal, State, and 
     local'' and all that follows through ``private sector'' and 
     inserting ``technical standards activities and conformity 
     assessment activities of Federal, State, and local 
     governments with private sector''.

     SEC. 404. NIST VISITING COMMITTEE ON ADVANCED TECHNOLOGY 
                   UPDATE.

       Section 10 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278) is amended--
       (1) in subsection (a)--
       (A) in the second sentence, by striking ``15 members 
     appointed by the Director, at least 10 of whom'' and 
     inserting ``not fewer than 9 members appointed by the 
     Director, a majority of whom''; and
       (B) in the third sentence, by striking ``National Bureau of 
     Standards'' and inserting ``National Institute of Standards 
     and Technology''; and
       (2) in subsection (h)(1), by striking ``, including the 
     Program established under section 28,''.

                         TITLE V--MANUFACTURING

     SEC. 501. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP 
                   IMPROVEMENTS.

       (a) Short Title.--This section may be cited as the 
     ``Manufacturing Extension Partnership Improvement Act''.
       (b) In General.--Section 25 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278k) is amended to 
     read as follows:

     ``SEC. 25. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.

       ``(a) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(B) the Committee on Science, Space, and Technology of 
     the House of Representatives.
       ``(2) Area career and technical education school.--The term 
     `area career and technical education school' has the meaning 
     given the term in section 3 of the Vocational Education Act 
     of 1963 (20 U.S.C. 2302).
       ``(3) Center.--The term `Center' means a manufacturing 
     extension center that--
       ``(A) is created under subsection (b); and
       ``(B) is affiliated with an eligible entity that applies 
     for and is awarded financial support under subsection (e).
       ``(4) Community college.--The term `community college' 
     means an institution of higher education (as defined under 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))) at which the highest degree that is predominately 
     awarded to students is an associate's degree.
       ``(5) Eligible entity.--The term `eligible entity' means a 
     United States-based nonprofit institution, or consortium 
     thereof, an institution of higher education, or a State, 
     United States territory, local, or tribal government.
       ``(6) Hollings manufacturing extension partnership or 
     program.--The term `Hollings Manufacturing Extension 
     Partnership' or `Program' means the program established under 
     subsection (b).
       ``(7) MEP advisory board.--The term `MEP Advisory Board' 
     means the Manufacturing Extension Partnership Advisory Board 
     established under subsection (n).
       ``(b) Establishment and Purpose.--The Secretary, acting 
     through the Director and, if appropriate, through other 
     Federal officials, shall establish a program to provide 
     assistance for the creation and support of manufacturing 
     extension centers for the transfer of manufacturing 
     technology and best business practices.
       ``(c) Objective.--The objective of the Program shall be to 
     enhance competitiveness, productivity, and technological 
     performance in United States manufacturing through--
       ``(1) the transfer of manufacturing technology and 
     techniques developed at the Institute to Centers and, through 
     them, to manufacturing companies throughout the United 
     States;
       ``(2) the participation of individuals from industry, 
     institutions of higher education, State governments, other 
     Federal agencies, and, when appropriate, the Institute in 
     cooperative technology transfer activities;
       ``(3) efforts to make new manufacturing technology and 
     processes usable by United States-based small and medium-
     sized companies;
       ``(4) the active dissemination of scientific, engineering, 
     technical, and management information about manufacturing to 
     industrial firms, including small and medium-sized 
     manufacturing companies;
       ``(5) the utilization, when appropriate, of the expertise 
     and capability that exists in Federal agencies, other than 
     the Institute, and federally-sponsored laboratories;
       ``(6) the provision to community colleges and area career 
     and technical education schools of information about the job 
     skills needed in manufacturing companies, including small and 
     medium-sized manufacturing businesses in the regions they 
     serve;
       ``(7) the promotion and expansion of certification systems 
     offered through industry, associations, and local colleges 
     when appropriate, including efforts such as facilitating 
     training, supporting new or existing apprenticeships, and 
     providing access to information and experts, to address 
     workforce needs and skills gaps in order to assist small- and 
     medium-sized manufacturing businesses; and
       ``(8) the growth in employment and wages at United States-
     based small and medium-sized companies.
       ``(d) Activities.--The activities of a Center shall 
     include--
       ``(1) the establishment of automated manufacturing systems 
     and other advanced production technologies, based on 
     Institute-supported research, for the purpose of 
     demonstrations and technology transfer;
       ``(2) the active transfer and dissemination of research 
     findings and Center expertise to a wide range of companies 
     and enterprises, particularly small and medium-sized 
     manufacturers; and
       ``(3) the facilitation of collaborations and partnerships 
     between small and medium-sized manufacturing companies , 
     community colleges, and area career and technical education 
     schools, to help those entities better understand the 
     specific needs of manufacturers and to help manufacturers 
     better understand the skill sets that students learn in the 
     programs offered by such colleges and schools.
       ``(e) Financial Assistance.--
       ``(1) Authorization.--Except as provided in paragraph (2), 
     the Secretary may provide financial assistance for the 
     creation and support of a Center through a cooperative 
     agreement with an eligible entity.
       ``(2) Cost sharing.--The Secretary may not provide more 
     than 50 percent of the capital and annual operating and 
     maintenance funds required to establish and support a Center.
       ``(3) Rule of construction.--For purposes of paragraph (2), 
     any amount received by an eligible entity for a Center under 
     a provision of law other than paragraph (1) shall not be 
     considered an amount provided under paragraph (1).
       ``(4) Regulations.--The Secretary may revise or promulgate 
     such regulations as necessary to carry out this subsection.
       ``(f) Applications.--
       ``(1) In general.--An eligible entity shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(2) Program description.--The Secretary shall establish 
     and update, as necessary--
       ``(A) a description of the Program;
       ``(B) the application procedures;
       ``(C) performance metrics;
       ``(D) criteria for determining qualified applicants; and
       ``(E) criteria for choosing recipients of financial 
     assistance from among the qualified applicants.
       ``(F) procedures for determining allowable cost share 
     contributions; and
       ``(G) such other program policy objectives and operational 
     procedures as the Secretary considers necessary.
       ``(3) Cost sharing.--
       ``(A) In general.--To be considered for financial 
     assistance under this section, an applicant shall provide 
     adequate assurances that the applicant and if applicable, the 
     applicant's partnering organizations, will obtain funding for 
     not less than 50 percent of the capital and annual operating 
     and maintenance funds required to establish and support the 
     Center from sources other than the financial assistance 
     provided under subsection (e).
       ``(B) Agreements with other entities.--In meeting the cost-
     sharing requirement under subparagraph (A), an eligible 
     entity may enter into an agreement with 1 or more other 
     entities, such as a private industry, institutions of higher 
     education, or a State, United States territory, local, or 
     tribal government for the contribution by that other entity 
     of funding if the Secretary determines the agreement--
       ``(i) is programmatically reasonable;
       ``(ii) will help accomplish programmatic objectives; and
       ``(iii) is allocable under Program procedures under 
     subsection (f)(2).
       ``(4) Legal rights.--Each applicant shall include in the 
     application a proposal for the allocation of the legal rights 
     associated with any intellectual property which may result 
     from the activities of the Center.
       ``(5) Merit review of applications.--
       ``(A) In general.--The Secretary shall subject each 
     application to merit review.
       ``(B) Considerations.--In making a decision whether to 
     approve an application and provide financial assistance under 
     subsection (e), the Secretary shall consider, at a minimum--
       ``(i) the merits of the application, particularly those 
     portions of the application regarding technology transfer, 
     training and education, and adaptation of manufacturing

[[Page S7096]]

     technologies to the needs of particular industrial sectors;
       ``(ii) the quality of service to be provided;
       ``(iii) the geographical diversity and extent of the 
     service area; and
       ``(iv) the type and percentage of funding and in-kind 
     commitment from other sources under paragraph (3).
       ``(g) Evaluations.--
       ``(1) Third and eighth year evaluations by panel.--
       ``(A) In general.--The Secretary shall ensure that each 
     Center is evaluated during its third and eighth years of 
     operation by an evaluation panel appointed by the Secretary.
       ``(B) Composition.--The Secretary shall ensure that each 
     evaluation panel appointed under subparagraph (A) is composed 
     of--
       ``(i) private experts, none of whom are connected with the 
     Center evaluated by the panel; and
       ``(ii) Federal officials.
       ``(C) Chairperson.--For each evaluation panel appointed 
     under subparagraph (B), the Secretary shall appoint a 
     chairperson who is an official of the Institute.
       ``(2) Fifth year evaluations by secretary.--In the fifth 
     year of operation of a Center, the Secretary shall conduct a 
     review of the Center.
       ``(3) Performance measurement.--In evaluating a Center an 
     evaluation panel or the Secretary, as applicable, shall 
     measure the performance of the Center against--
       ``(A) the objective specified in subsection (c);
       ``(B) the performance metrics under subsection (f)(2)(C); 
     and
       ``(C) such other criterion as considered appropriate by the 
     Secretary.
       ``(4) Positive evaluations.--If an evaluation of a Center 
     is positive, the Secretary may continue to provide financial 
     assistance for the Center--
       ``(A) in the case of an evaluation occurring in the third 
     year of a Center, through the fifth year of the Center;
       ``(B) in the case of an evaluation occurring in the fifth 
     year of a Center, through the eighth year of the Center; and
       ``(C) in the case of an evaluation occurring in the eighth 
     year of a Center, through the tenth year of the Center.
       ``(5) Other than positive evaluations.--
       ``(A) Probation.--If an evaluation of a Center is other 
     than positive, the Secretary shall put the Center on 
     probation during the period beginning on the date that the 
     Center receives notice under subparagraph (B)(i) and ending 
     on the date that the reevaluation is complete under 
     subparagraph (B)(iii).
       ``(B) Notice and reevaluation.--If a Center receives an 
     evaluation that is other than positive, the evaluation panel 
     or Secretary, as applicable, shall--
       ``(i) notify the Center of the reason, including any 
     deficiencies in the performance of the Center identified 
     during the evaluation;
       ``(ii) assist the Center in remedying the deficiencies by 
     providing the Center, not less frequently than once every 3 
     months, an analysis of the Center, if considered appropriate 
     by the panel or Secretary, as applicable; and
       ``(iii) reevaluate the Center not later than 1 year after 
     the date of the notice under clause (i).
       ``(C) Continued support during period of probation.--
       ``(i) In general.--The Secretary may continue to provide 
     financial assistance under subsection (e) for a Center during 
     the probation period.
       ``(ii) Post probation.--After the period of probation, the 
     Secretary shall not provide any financial assistance unless 
     the Center has received a positive evaluation under 
     subparagraph (B)(iii).
       ``(6) Failure to remedy.--
       ``(A) In general.--If a Center fails to remedy a deficiency 
     or to show significant improvement in performance before the 
     end of the probation period under paragraph (5), the 
     Secretary shall conduct a competition to select an operator 
     for the Center under subsection (h).
       ``(B) Treatment of centers subject to new competition.--
     Upon the selection of an operator for a Center under 
     subsection (h), the Center shall be considered a new Center 
     and the calculation of the years of operation of that Center 
     for purposes of paragraphs (1) through (5) of this subsection 
     and subsection (h)(1) shall start anew.
       ``(h) Reapplication Competition for Financial Assistance 
     After 10 Years.--
       ``(1) In general.--If an eligible entity has operated a 
     Center under this section for a period of 10 consecutive 
     years, the Secretary shall conduct a competition to select an 
     eligible entity to operate the Center in accordance with the 
     process plan under subsection (i).
       ``(2) Incumbent eligible entities.--An eligible entity that 
     has received financial assistance under this section for a 
     period of 10 consecutive years and that the Secretary 
     determines is in good standing shall be eligible to compete 
     in the competition under paragraph (1).
       ``(3) Treatment of centers subject to reapplication 
     competition.--Upon the selection of an operator for a Center 
     under paragraph (1), the Center shall be considered a new 
     Center and the calculation of the years of operation of that 
     Center for purposes of paragraphs (1) through (5) of 
     subsection (g) shall start anew.
       ``(i) Process Plan.--Not later than 180 days after the date 
     of the enactment of the American Innovation and 
     Competitiveness Act, the Secretary shall implement and submit 
     to Congress a plan for how the Institute will conduct an 
     evaluation, competition, and reapplication competition under 
     this section.
       ``(j) Operational Requirements.--
       ``(1) Protection of confidential information of center 
     clients.--The following information, if obtained by the 
     Federal Government in connection with an activity of a Center 
     or the Program, shall be exempt from public disclosure under 
     section 552 of title 5, United States Code:
       ``(A) Information on the business operation of any 
     participant in the Program or of a client of a Center.
       ``(B) Trade secrets of any client of a Center.
       ``(k) Oversight Boards.--
       ``(1) In general.--As a condition on receipt of financial 
     assistance for a Center under subsection (e), an eligible 
     entity shall establish a board to oversee the operations of 
     the Center.
       ``(2) Standards.--
       ``(A) In general.--The Director shall establish appropriate 
     standards for each board described under paragraph (1).
       ``(B) Considerations.--In establishing the standards, the 
     Director shall take into account the type and organizational 
     structure of an eligible entity.
       ``(C) Requirements.--The standards shall address--
       ``(i) membership;
       ``(ii) composition;
       ``(iii) term limits;
       ``(iv) conflicts of interest; and
       ``(v) such other requirements as the Director considers 
     necessary.
       ``(3) Membership.--
       ``(A) In general.--Each board established under paragraph 
     (1) shall be composed of members as follows:
       ``(i) The membership of each board shall be representative 
     of stakeholders in the region in which the Center is located.
       ``(ii) A majority of the members of the board shall be 
     selected from among individuals who own or are employed by 
     small or medium-sized manufacturers.
       ``(B) Limitation.--A member of a board established under 
     paragraph (1) may not serve on more than 1 board established 
     under that paragraph.
       ``(4) Bylaws.--
       ``(A) In general.--Each board established under paragraph 
     (1) shall adopt and submit to the Director bylaws to govern 
     the operation of the board.
       ``(B) Conflicts of interest.--Bylaws adopted under 
     subparagraph (A) shall include policies to minimize conflicts 
     of interest, including such policies relating to disclosure 
     of relationships and recusal as may be necessary to minimize 
     conflicts of interest.
       ``(l) Acceptance of Funds.--In addition to such sums as may 
     be appropriated to the Secretary and Director to operate the 
     Program, the Secretary and Director may also accept funds 
     from other Federal departments and agencies and from the 
     private sector under section 2(c)(7) of this Act (15 U.S.C. 
     272(c)(7)), to be available to the extent provided by 
     appropriations Acts, for the purpose of strengthening United 
     States manufacturing.
       ``(m) MEP Advisory Board.--
       ``(1) Establishment.--There is established within the 
     Institute a Manufacturing Extension Partnership Advisory 
     Board.
       ``(2) Membership.--
       ``(A) Composition.--
       ``(i) In general.--The MEP Advisory Board shall consist of 
     not fewer than 10 members appointed by the Director and 
     broadly representative of stakeholders.
       ``(ii) Requirements.--Of the members appointed under clause 
     (i)--

       ``(I) at least 2 members shall be employed by or on an 
     advisory board for a Center;
       ``(II) at least 5 members shall be from United States small 
     businesses in the manufacturing sector; and
       ``(III) at least 1 member shall represent a community 
     college.

       ``(iii) Limitation.--No member of the MEP Advisory Board 
     shall be an employee of the Federal Government.
       ``(B) Term.--Except as provided in subparagraph (C), the 
     term of office of each member of the MEP Advisory Board shall 
     be 3 years.
       ``(C) Vacancies.--Any member appointed to fill a vacancy 
     occurring prior to the expiration of the term for which his 
     predecessor was appointed shall be appointed for the 
     remainder of such term.
       ``(D) Serving consecutive terms.--Any person who has 
     completed 2 consecutive full terms of service on the MEP 
     Advisory Board shall thereafter be ineligible for appointment 
     during the 1-year period following the expiration of the 
     second such term.
       ``(3) Meetings.--The MEP Advisory Board shall--
       ``(A) meet not less than biannually; and
       ``(B) provide to the Director--
       ``(i) advice on the activities, plans, and policies of the 
     Program;
       ``(ii) assessments of the soundness of the plans and 
     strategies of the Program; and
       ``(iii) assessments of current performance against the 
     plans of the Program.
       ``(4) FACA applicability.--
       ``(A) In general.--In discharging its duties under this 
     subsection, the MEP Advisory Board shall function solely in 
     an advisory capacity, in accordance with the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       ``(B) Exception.--Section 14 of the Federal Advisory 
     Committee Act shall not apply to the MEP Advisory Board.

[[Page S7097]]

       ``(5) Annual report.--
       ``(A) In general.--At a minimum, the MEP Advisory Board 
     shall transmit an annual report to the Secretary for 
     transmittal to Congress not later than 30 days after the 
     submission to Congress of the President's annual budget under 
     section 1105 of title 31, United States Code.
       ``(B) Contents.--The report shall address the status of the 
     Program and describe the relevant sections of the 
     programmatic planning document and updates thereto 
     transmitted to Congress by the Director under subsections (c) 
     and (d) of section 23 (15 U.S.C. 278i).
       ``(n) Small Manufacturers.--
       ``(1) Evaluation of obstacles.--As part of the Program, the 
     Director shall--
       ``(A) identify obstacles that prevent small manufacturers 
     from effectively competing in the global market;
       ``(B) implement a comprehensive plan to train the Centers 
     to address the obstacles identified in paragraph (2); and
       ``(C) facilitate improved communication between the Centers 
     to assist such manufacturers in implementing appropriate, 
     targeted solutions to the obstacles identified in paragraph 
     (2).
       ``(2) Development of open access resources.--As part of the 
     Program, the Secretary shall develop open access resources 
     that address best practices related to inventory sourcing, 
     supply chain management, manufacturing techniques, available 
     Federal resources, and other topics to further the 
     competitiveness and profitability of small manufacturers.''.
       (c) Competitive Awards Program.--The National Institute of 
     Standards and Technology Act (15 U.S.C. 271 et seq.) is 
     amended by inserting after section 25 the following:

     ``SEC. 25A. COMPETITIVE AWARDS PROGRAM.

       ``(a) Establishment.--The Director shall establish within 
     the Hollings Manufacturing Extension Partnership under 
     section 25 (15 U.S.C. 278k) and section 26 (15 U.S.C. 278l) a 
     program of competitive awards among participants described in 
     subsection (b) of this section for the purposes described in 
     subsection (c).
       ``(b) Participants.--Participants receiving awards under 
     this section shall be Centers, or a consortium of Centers.
       ``(c) Purpose, Themes, and Reimbursement.--
       ``(1) Purpose.--The purpose of the program established 
     under subsection (a) is to add capabilities to the Hollings 
     Manufacturing Extension Partnership, including the 
     development of projects to solve new or emerging 
     manufacturing problems as determined by the Director, in 
     consultation with the Director of the Hollings Manufacturing 
     Extension Partnership, the MEP Advisory Board, other Federal 
     agencies, and small and medium-sized manufacturers.
       ``(2) Themes.--The Director may identify 1 or more themes 
     for a competition carried out under this section, which may 
     vary from year to year, as the Director considers appropriate 
     after assessing the needs of manufacturers and the success of 
     previous competitions.
       ``(3) Reimbursement.--Centers may be reimbursed for costs 
     incurred by the Centers under this section.
       ``(d) Applications.--Applications for awards under this 
     section shall be submitted in such manner, at such time, and 
     containing such information as the Director shall require in 
     consultation with the MEP Advisory Board.
       ``(e) Selection.--
       ``(1) Peer review and competitively awarded.--The Director 
     shall ensure that awards under this section are peer reviewed 
     and competitively awarded.
       ``(2) Geographic diversity.--The Director shall endeavor to 
     have broad geographic diversity among selected proposals.
       ``(3) Criteria.--The Director shall select applications to 
     receive awards that the Director determines will achieve 1 or 
     more of the following:
       ``(A) Improve the competitiveness of industries in the 
     region in which the Center or Centers are located.
       ``(B) Create jobs or train newly hired employees.
       ``(C) Promote the transfer and commercialization of 
     research and technology from institutions of higher 
     education, national laboratories or other federally funded 
     research programs, and nonprofit research institutes.
       ``(D) Recruit a diverse manufacturing workforce, including 
     through outreach to underrepresented populations, including 
     individuals identified in section 33 or section 34 of the 
     Science and Engineering Equal Opportunities Act (42 U.S.C. 
     1885a, 1885b).
       ``(E) Such other result as the Director determines will 
     advance the objective set forth in section 25(c) (15 U.S.C. 
     278k) or in section 26 (15 U.S.C. 278l).
       ``(f) Program Contribution.--Recipients of awards under 
     this section shall not be required to provide a matching 
     contribution.
       ``(g) Global Marketplace Projects.--In making an award 
     under this section, the Director, in consultation with the 
     MEP Advisory Board and the Secretary, may take into 
     consideration whether an application has significant 
     potential for enhancing the competitiveness of small and 
     medium-sized United States manufacturers in the global 
     marketplace.
       ``(h) Duration.--The duration of an award under this 
     section shall be for not more than 3 years.
       ``(i) Definitions.--The terms used in this section have the 
     meanings given the terms in section 25 (15 U.S.C. 278k).''.
       (d) Reports.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States, in consultation with the MEP Advisory Board (as 
     defined in section 25 of the National Institute of Standards 
     and Technology Act (15 U.S.C. 278k)), shall submit to the 
     appropriate committees of Congress a report analyzing--
       (A) the effectiveness of the changes in the cost share to 
     Centers under section 25 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278k);
       (B) the engagement in services and the characteristics of 
     services provided by 2 types of Centers, including volume and 
     type of service; and
       (C) whether the cost-sharing ratio has any effect on the 
     services provided by either type of Center.
       (2) Independent assessment.--
       (A) In general.--Not later than 3 years after the date of 
     submission of the report under paragraph (1), the Director of 
     NIST shall contract with an independent organization to 
     perform an assessment of the implementation of the 
     reapplication competition process.
       (B) Consultation.--The independent organization performing 
     the assessment under subparagraph (A) may consult with the 
     MEP Advisory Board (as defined in section 25 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278k)).
       (3) Comparison of centers.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Director shall submit to the 
     appropriate committees of Congress a report providing 
     information on the first and second years of operations for 
     Centers (as defined in section 25 of the National Institute 
     of Standards and Technology Act (15 U.S.C. 278k)) operating 
     from new competitions or recompetition as compared to 
     longstanding Centers.
       (B) Contents.--The report shall provide detail on the 
     engagement in services provided by Centers and the 
     characteristics of services provided, including volume and 
     type of services, so that the appropriate committees of 
     Congress can evaluate whether the cost-sharing ratio has an 
     effect on the services provided at Centers.
       (e) Conforming Amendments.--
       (1) Definitions.--Section 2199(3) of title 10, United 
     States Code, is amended--
       (A) by striking ``regional center'' and inserting 
     ``manufacturing extension center'';
       (B) by inserting ``and best business practices'' before 
     ``referred''; and
       (C) by striking ``25(a)'' and inserting ``25(b)''.
       (2) Enterprise integration initiative.--Section 3(a) of the 
     Enterprise Integration Act of 2002 (15 U.S.C. 278g-5(a)) is 
     amended by inserting ``Hollings'' before ``Manufacturing 
     Extension Partnership''.
       (3) Assistance to state technology programs.--Section 26(a) 
     of the National Institute of Standards and Technology Act (15 
     U.S.C. 278l(a)) is amended by striking ``Centers program 
     created'' and inserting ``Hollings Manufacturing Extension 
     Partnership''.
       (f) Savings Provisions.--Notwithstanding the amendments 
     made by subsections (a) and (b) of this section, the 
     Secretary of Commerce may carry out section 25 of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278k) as that section was in effect on the day before the 
     date of enactment of this Act, with respect to existing 
     grants, agreements, cooperative agreements, or contracts, and 
     with respect to applications for such items that are received 
     by the Secretary prior to the date of enactment of this Act.
       (g) Patent Rights.--The provisions of chapter 18 of title 
     35, United States Code, shall apply, to the extent not 
     inconsistent with section 25 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278k) and section 25 
     of that Act, to the promotion of technology from research by 
     Centers under those sections, except for contracts for such 
     specific technology extension or transfer services as may be 
     specified by the Director of NIST or under other law.

              TITLE VI--INNOVATION AND TECHNOLOGY TRANSFER

     SEC. 601. INNOVATION CORPS.

       (a) Findings.--Congress makes the following findings:
       (1) The National Science Foundation Innovation Corps 
     (referred to in this section as the ``I-Corps'') was 
     established to foster a national innovation ecosystem by 
     encouraging institutions, scientists, engineers, and 
     entrepreneurs to identify and explore the innovation and 
     commercial potential of National Science Foundation-funded 
     research well beyond the laboratory.
       (2) Through I-Corps, the Foundation invests in 
     entrepreneurship and commercialization education, training, 
     and mentoring that can ultimately lead to the practical 
     deployment of technologies, products, processes, and services 
     that improve the Nation's competitiveness, promote economic 
     growth, and benefit society.
       (3) By building networks of entrepreneurs, educators, 
     mentors, institutions, and collaborations, and supporting 
     specialized education and training, I-Corps is at the leading 
     edge of a strong, lasting foundation for an American 
     innovation ecosystem.
       (4) By translating federally funded research to a 
     commercial stage more quickly and efficiently, programs like 
     the I-Corps

[[Page S7098]]

     create new jobs and companies, help solve societal problems, 
     and provide taxpayers with a greater return on their 
     investment in research.
       (5) The I-Corps program model has a strong record of 
     success that should be replicated at all Federal science 
     agencies.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) commercialization of federally funded research can 
     improve the Nation's competitiveness, grow the economy, and 
     benefit society;
       (2) I-Corps is a useful tool in promoting the 
     commercialization of federally funded research by training 
     researchers funded by the Foundation in entrepreneurship and 
     commercialization;
       (3) I-Corps should continue to build a network of 
     entrepreneurs, educators, mentors, and institutions and 
     support specialized education and training;
       (4) researchers other than those funded by the Foundation 
     may also benefit from the education and training described in 
     paragraph (3); and
       (5) I-Corps should continue to promote a strong innovation 
     system by investing in and supporting female entrepreneurs 
     through mentorship, education, and training because they are 
     historically underrepresented in entrepreneurial fields.
       (c) I-Corps Program.--
       (1) In general.--In order to promote a strong, lasting 
     foundation for the national innovation ecosystem and increase 
     the positive economic and social impact of federally funded 
     research, the Director of the Foundation shall set forth 
     eligibility requirements and carry out a program to award 
     grants for entrepreneurship and commercialization education, 
     training, and mentoring.
       (2) Expansion of i-corps.--
       (A) In general.--The Director--
       (i) shall encourage the development and expansion of I-
     Corps and other training programs that focus on professional 
     development, including education in entrepreneurship and 
     commercialization; and
       (ii) may establish an agreement with another Federal 
     science agency--

       (I) to make researchers, students, and institutions funded 
     by that agency eligible to participate in the I-Corps 
     program; or
       (II) to assist that agency with the design and 
     implementation of its own program that is similar to the I-
     Corps program.

       (B) Partnership funding.--In negotiating an agreement with 
     another Federal science agency under subparagraph (A)(ii), 
     the Director shall require that Federal science agency to 
     provide funding for--
       (i) the training for researchers, students, and 
     institutions selected for the I-Corps program; and
       (ii) the locations that Federal science agency designates 
     as regional and national infrastructure for science and 
     engineering entrepreneurship.
       (3) Follow-on grants.--
       (A) In general.--Subject to subparagraph (B), the Director, 
     in consultation with the Director of the Small Business 
     Innovation Research Program, shall make funds available for 
     competitive grants, including to I-Corps participants, to 
     help support--
       (i) prototype or proof-of-concept development; and
       (ii) such activities as the Director considers necessary to 
     build local, regional, and national infrastructure for 
     science and engineering entrepreneurship.
       (B) Limitation.--Grants under subparagraph (A) shall be 
     limited to participants with innovations that because of the 
     early stage of development are not eligible to participate in 
     a Small Business Innovation Research Program or a Small 
     Business Technology Transfer Program.
       (4) State and local partnerships.--The Director may engage 
     in partnerships with State and local governments, economic 
     development organizations, and nonprofit organizations to 
     provide access to the I-Corps program to support 
     entrepreneurship education and training for researchers, 
     students, and institutions under this subsection.
       (5) Reports.--The Director shall submit to the appropriate 
     committees of Congress a biennial report on I-Corps program 
     efficacy, including metrics on the effectiveness of the 
     program. Each Federal science agency participating in the I-
     Corps program or that implements a similar program under 
     paragraph (2)(A) shall contribute to the report.
       (6) Definitions.--In this subsection, the terms ``Small 
     Business Innovation Research Program'' and ``Small Business 
     Technology Transfer Program'' have the meanings given those 
     terms in section 9 of the Small Business Act (15 U.S.C. 638).

     SEC. 602. TRANSLATIONAL RESEARCH GRANTS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) commercialization of federally funded research may 
     benefit society and the economy; and
       (2) not-for-profit organizations support the 
     commercialization of federally funded research by providing 
     useful business and technical expertise to researchers.
       (b) Commercialization Promotion.--The Director of the 
     Foundation shall continue to award grants on a competitive, 
     merit-reviewed basis to eligible entities to promote the 
     commercialization of federally funded research results.
       (c) Use of Funds.--Activities supported by grants under 
     this section may include--
       (1) identifying Foundation-sponsored research and 
     technologies that have the potential for accelerated 
     commercialization;
       (2) supporting prior or current Foundation-sponsored 
     investigators, institutions of higher education, and non-
     profit organizations that partner with an institution of 
     higher education in undertaking proof-of-concept work, 
     including development of prototypes of technologies that are 
     derived from Foundation-sponsored research and have potential 
     market value;
       (3) promoting sustainable partnerships between Foundation-
     funded institutions, industry, and other organizations within 
     academia and the private sector with the purpose of 
     accelerating the transfer of technology;
       (4) developing multi-disciplinary innovation ecosystems 
     which involve and are responsive to specific needs of 
     academia and industry; and
       (5) providing professional development, mentoring, and 
     advice in entrepreneurship, project management, and 
     technology and business development to innovators.
       (d) Eligibility.--
       (1) In general.--The following organizations may be 
     eligible for grants under this section:
       (A) Institutions of higher education.
       (B) Public or nonprofit technology transfer organizations.
       (C) A nonprofit organization that partners with an 
     institution of higher education.
       (D) A consortia of 2 or more of the organizations described 
     under subparagraphs (A) through (C).
       (2) Lead organizations.--Any eligible organization under 
     paragraph (1) may apply as a lead organization.
       (e) Applications.--An eligible entity seeking a grant under 
     this section shall submit an application to the Director at 
     such time, in such manner, and containing such information as 
     the Director may require.

     SEC. 603. OPTICS AND PHOTONICS TECHNOLOGY INNOVATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) The 1998 National Research Council Report, ``Harnessing 
     Light'' presented a comprehensive overview on the importance 
     of optics and photonics to various sectors of the United 
     States economy.
       (2) In 2012, in response to increased coordination and 
     investment by other nations, the National Research Council 
     released a follow up study recommending a national photonics 
     initiative to increase collaboration and coordination among 
     United States industry, Federal and State government, and 
     academia to identify and further advance areas of photonics 
     critical to regaining United States competitiveness and 
     maintaining national security.
       (3) Publicly-traded companies focused on optics and 
     photonics in the United States enable more than $3 trillion 
     in revenue annually.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) optics and photonics research and technologies promote 
     United States global competitiveness in industry sectors, 
     including telecommunications and information technology, 
     energy, healthcare and medicine, manufacturing, and defense;
       (2) Federal science agencies, industry, and academia should 
     seek partnerships with each other to develop basic research 
     in optics and photonics into more mature technologies and 
     capabilities; and
       (3) each Federal science agency, as appropriate, should--
       (A) survey and identify optics and photonics-related 
     programs within that Federal science agency and share results 
     with other Federal science agencies for the purpose of 
     generating multiple applications and uses;
       (B) partner with the private sector and academia to 
     leverage knowledge and resources to maximize opportunities 
     for innovation in optics and photonics;
       (C) explore research and development opportunities, 
     including Federal and private sector-sponsored internships, 
     to ensure a highly trained optics and photonics workforce in 
     the United States;
       (D) encourage partnerships between academia and industry to 
     promote improvement in the education of optics and photonics 
     technicians at the secondary school level, undergraduate 
     level, and 2-year college level, including through the 
     Foundation's Advanced Technological Education program; and
       (E) assess existing programs and explore alternatives to 
     modernize photonics laboratory equipment in undergraduate 
     institutions in the United States to facilitate critical 
     hands-on learning.

     SEC. 604. UNITED STATES CHIEF TECHNOLOGY OFFICER.

       (a) Short Title.--This section may be cited as the ``United 
     States Chief Technology Officer Act''.
       (b) In General.--Section 203 the National Science and 
     Technology Policy, Organization, and Priorities Act of 1976 
     (42 U.S.C. 6612) is amended--
       (1) by inserting ``(b) Associate Directors.--'' before 
     ``The President is authorized'' and indenting appropriately;
       (2) by inserting ``(a) In General.--'' before ``There shall 
     be'' and indenting appropriately; and
       (3) by adding at the end the following:
       ``(c) Chief Technology Officer.--Subject to subsection (b), 
     the President is authorized to designate 1 of the Associate 
     Directors under that subsection as a United States Chief 
     Technology Officer.''.

[[Page S7099]]

  


     SEC. 605. NATIONAL RESEARCH COUNCIL STUDY ON TECHNOLOGY FOR 
                   EMERGENCY NOTIFICATIONS ON CAMPUSES.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Office of Science 
     and Technology Policy shall enter into an arrangement with 
     the National Research Council to conduct and complete a study 
     to identify and review technologies employed at institutions 
     of higher education to provide notifications to students, 
     faculty, and other personnel during emergency situations in 
     accordance with law.
       (b) Contents.--The study shall address--
       (1) the timeliness of notifications provided by the 
     technologies during emergency situations;
       (2) the durability of the technologies in delivering the 
     notifications to students, faculty, and other personnel; and
       (3) the limitations exhibited by the technologies to 
     successfully deliver the notifications not more than 30 
     seconds after the institution of higher education transmits 
     the notifications.
       (c) Report Required.--Not later than 1 year after the date 
     that the National Research Council enters into the 
     arrangement under subsection (a), the Director of the Office 
     of Science and Technology Policy shall submit to Congress a 
     report on the study, including recommendations for addressing 
     any limitations identified under subsection (b)(3).

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