[Congressional Record (Bound Edition), Volume 162 (2016), Part 2]
[Senate]
[Pages 2131-2143]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3312. Mr. UDALL submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. CLEAN ENERGY VICTORY BONDS.

       (a) In General.--Not later than July 1, 2016, the Secretary 
     of the Treasury, in coordination with the Secretary of Energy 
     and the Secretary of Defense, shall submit a report to 
     Congress that provides recommendations for the establishment, 
     issuance, and promotion of Clean Energy Victory Bonds by the 
     Department of the Treasury (referred to in this section as 
     the ``Clean Energy Victory Bonds Program'').
       (b) Requirements.--For purposes of subsection (a), the 
     Clean Energy Victory Bonds Program shall be designed to--
       (1) ensure that any available proceeds from the issuance of 
     Clean Energy Victory Bonds are used to finance clean energy 
     projects (as defined in subsection (c)) at the Federal, 
     State, and local level, which may include--
       (A) providing additional support to existing Federal 
     financing programs available to States for energy efficiency 
     upgrades and clean energy deployment, and
       (B) providing funding for clean energy investments by the 
     Department of Defense and other Federal agencies,
       (2) provide for payment of interest to persons holding 
     Clean Energy Victory Bonds through such methods as are 
     determined appropriate by the Secretary of the Treasury, 
     including amounts--
       (A) recaptured from savings achieved through reduced energy 
     spending by entities receiving any funding or financial 
     assistance described in paragraph (1), and
       (B) collected as interest on loans financed or guaranteed 
     under the Clean Energy Victory Bonds Program,
       (3) issue bonds in denominations of not less than $25 or 
     such amount as is determined appropriate by the Secretary of 
     the Treasury to make them generally accessible to the public, 
     and
       (4) collect not more than $50,000,000,000 in revenue from 
     the issuance of Clean Energy Victory Bonds for purposes of 
     financing clean energy projects described in paragraph (1).
       (c) Clean Energy Project.--The term ``clean energy 
     project'' means a project which provides--
       (1) performance-based energy efficiency improvements, or
       (2) clean energy improvements, including--
       (A) electricity generated from solar, wind, geothermal, 
     hydropower, and hydrokinetic energy sources,
       (B) fuel cells using non-fossil fuel sources,
       (C) advanced batteries,
       (D) next generation biofuels from non-food feedstocks, and
       (E) electric vehicle infrastructure.
                                 ______
                                 
  SA 3313. Ms. CANTWELL (for herself, Mr. Graham, and Mr. Cardin) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 42__. SENSE OF THE SENATE ON ACCELERATING ENERGY 
                   INNOVATION.

       It is the sense of the Senate that--
       (1) although important progress has been made in cost 
     reduction and deployment of clean energy technologies, 
     accelerating clean energy innovation will help meet critical 
     competitiveness, energy security, and environmental goals;
       (2) accelerating the pace of clean energy innovation in the 
     United States calls for--
       (A) supporting existing research and development programs 
     at the Department and the world-class National Laboratories 
     (as defined in section 2 of the Energy Policy Act of 2005 (42 
     U.S.C. 15801)); and
       (B) exploring and developing new pathways for innovators, 
     investors, and decision-makers to leverage the resources of 
     the Department for addressing the challenges and comparative 
     strengths of geographic regions;
       (3) the energy supply, demand, policies, markets, and 
     resource options of the United States vary by geographic 
     region;
       (4) a regional approach to innovation can bridge the gaps 
     between local talent, institutions, and industries to 
     identify opportunities and convert United States investment 
     into domestic companies; and
       (5) Congress and the Secretary should advance efforts that 
     promote international, domestic, and regional cooperation on 
     the research and development of energy innovations that--
       (A) provide clean, affordable, and reliable energy for 
     everyone;
       (B) promote economic growth; and
       (C) are critical for energy security.
                                 ______
                                 
  SA 3314. Mr. KIRK (for himself, Mr. Coons, and Mr. Durbin) submitted 
an amendment intended to be proposed to amendment SA 2953 proposed by 
Ms. Murkowski to the bill S. 2012, to provide for the modernization of 
the energy policy of the United States, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 359, strike line 7 and insert the following:

     SEC. 4204. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT 
                   PROGRAM.

       (a) Definition of National Laboratory.--In this section:
       (1) In general.--The term ``National Laboratory'' means a 
     nonmilitary national laboratory owned by the Department.
       (2) Inclusions.--The term ``National Laboratory'' 
     includes--

[[Page 2132]]

       (A) Ames Laboratory;
       (B) Argonne National Laboratory;
       (C) Brookhaven National Laboratory;
       (D) Fermi National Accelerator Laboratory;
       (E) Idaho National Laboratory;
       (F) Lawrence Berkeley National Laboratory;
       (G) National Energy Technology Laboratory;
       (H) National Renewable Energy Laboratory;
       (I) Oak Ridge National Laboratory;
       (J) Pacific Northwest National Laboratory;
       (K) Princeton Plasma Physics Laboratory;
       (L) Savannah River National Laboratory;
       (M) Stanford Linear Accelerator Center;
       (N) Thomas Jefferson National Accelerator Facility; and
       (O) any laboratory operated by the National Nuclear 
     Security Administration, with respect to the civilian energy 
     activities conducted at the laboratory.
       (b) Agreements for Commercializing Technology Pilot 
     Program.--
       (1) In general.--The Secretary shall carry out the 
     Agreements for Commercializing Technology pilot program of 
     the Department, as announced by the Secretary on December 8, 
     2011, in accordance with this subsection.
       (2) Terms.--Each agreement entered into pursuant to the 
     pilot program referred to in paragraph (1) shall provide to 
     the contractor of the applicable National Laboratory, to the 
     maximum extent determined to be appropriate by the Secretary, 
     increased authority to negotiate contract terms, such as 
     intellectual property rights, indemnification, payment 
     structures, performance guarantees, and multiparty 
     collaborations.
       (3) Eligibility.--
       (A) In general.--Notwithstanding any other provision of law 
     (including regulations), any National Laboratory may enter 
     into an agreement pursuant to the pilot program referred to 
     in paragraph (1).
       (B) Agreements with non-federal entities.--To carry out 
     subparagraph (A) and subject to subparagraph (C), the 
     Secretary shall permit the directors of the National 
     Laboratories to execute agreements with non-Federal entities, 
     including non-Federal entities already receiving Federal 
     funding that will be used to support activities under 
     agreements executed pursuant to subparagraph (A).
       (C) Restriction.--The requirements of chapter 18 of title 
     35, United States Code (commonly known as the ``Bayh-Dole 
     Act'') shall apply if--
       (i) the agreement is a funding agreement (as that term is 
     defined in section 201 of that title); and
       (ii) at least 1 of the parties to the funding agreement is 
     eligible to receive rights under that chapter.
       (4) Submission to secretary.--Each affected director of a 
     National Laboratory shall submit to the Secretary, with 
     respect to each agreement entered into under this 
     subsection--
       (A) a summary of information relating to the relevant 
     project;
       (B) the total estimated costs of the project;
       (C) estimated commencement and completion dates of the 
     project; and
       (D) other documentation determined to be appropriate by the 
     Secretary.
       (5) Certification.--The Secretary shall require the 
     contractor of the affected National Laboratory to certify 
     that each activity carried out under a project for which an 
     agreement is entered into under this subsection--
       (A) is not in direct competition with the private sector; 
     and
       (B) does not present, or minimizes, any apparent conflict 
     of interest, and avoids or neutralizes any actual conflict of 
     interest, as a result of the agreement under this subsection.
       (6) Extension.--The pilot program referred to in paragraph 
     (1) shall be extended for a term of 3 years after the date of 
     enactment of this Act.
       (7) Reports.--
       (A) Initial report.--Not later than 60 days after the date 
     described in paragraph (6), the Secretary, in coordination 
     with directors of the National Laboratories, shall submit to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Science, Space, and Technology of the 
     House of Representatives a report that--
       (i) assesses the overall effectiveness of the pilot program 
     referred to in paragraph (1);
       (ii) identifies opportunities to improve the effectiveness 
     of the pilot program;
       (iii) assesses the potential for program activities to 
     interfere with the responsibilities of the National 
     Laboratories to the Department; and
       (iv) provides a recommendation regarding the future of the 
     pilot program.
       (B) Annual reports.--Annually, the Secretary, in 
     coordination with the directors of the National Laboratories, 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives a report that 
     accounts for all incidences of, and provides a justification 
     for, non-Federal entities using funds derived from a Federal 
     contract or award to carry out agreements entered into under 
     this subsection.
       (c) Savings Clause.--Nothing in this section abrogates or 
     otherwise affects the primary responsibilities of any 
     National Laboratory to the Department.

     SEC. 4205. MICROLAB TECHNOLOGY COMMERCIALIZATION.

                                 ______
                                 
  SA 3315. Ms. COLLINS (for herself, Mr. Coons, Mr. Reed, and Mrs. 
Shaheen) submitted an amendment intended to be proposed to amendment SA 
2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 67, lines 3 and 4, strike ``not less than''.

                                 ______
                                 
  SA 3316. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 23__. MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS 
                   AND WASTE HEAT TO POWER SYSTEMS.

       (a) Definitions.--In this section:
       (1) Additional services.--The term ``additional services'' 
     means the provision of supplementary power, backup or standby 
     power, maintenance power, or interruptible power to an 
     electric consumer by an electric utility.
       (2) Waste heat to power system.--
       (A) In general.--The term ``waste heat to power system'' 
     means a system that generates electricity through the 
     recovery of waste energy.
       (B) Exclusion.--The term ``waste heat to power system'' 
     does not include a system that generates electricity through 
     the recovery of a heat resource from a process the primary 
     purpose of which is the generation of electricity using a 
     fossil fuel.
       (3) Other terms.--
       (A) PURPA.--The terms ``electric consumer'', ``electric 
     utility'', ``interconnection service'', ``nonregulated 
     electric utility'', and ``State regulatory authority'' have 
     the meanings given those terms in the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.), 
     within the meaning of title I of that Act (16 U.S.C. 2611 et 
     seq.).
       (B) EPCA.--The terms ``combined heat and power system'' and 
     ``waste energy'' have the meanings given those terms in 
     section 371 of the Energy Policy and Conservation Act (42 
     U.S.C. 6341).
       (b) Review.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Federal Energy Regulatory Commission and other 
     appropriate entities, shall review existing rules and 
     procedures relating to interconnection service and additional 
     services throughout the United States for electric generation 
     with nameplate capacity up to 20 megawatts to identify 
     barriers to the deployment of combined heat and power systems 
     and waste heat to power systems.
       (2) Inclusion.--The review under this subsection shall 
     include a review of existing rules and procedures relating 
     to--
       (A) determining and assigning costs of interconnection 
     service and additional services; and
       (B) ensuring adequate cost recovery by an electric utility 
     for interconnection service and additional services.
       (c) Model Guidance.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Federal Energy Regulatory Commission and other 
     appropriate entities, shall issue model guidance for 
     interconnection service and additional services for use by 
     State regulatory authorities and nonregulated electric 
     utilities to reduce the barriers identified under subsection 
     (b)(1).
       (2) Current best practices.--The model guidance issued 
     under this subsection shall reflect, to the maximum extent 
     practicable, current best practices to encourage the 
     deployment of combined heat and power systems and waste heat 
     to power systems while ensuring the safety and reliability of 
     the interconnected units and the distribution and 
     transmission networks to which the units connect, including--
       (A) relevant current standards developed by the Institute 
     of Electrical and Electronic Engineers; and
       (B) model codes and rules adopted by--
       (i) States; or
       (ii) associations of State regulatory agencies.
       (3) Factors for consideration.--In establishing the model 
     guidance under this subsection, the Secretary shall take into 
     consideration--
       (A) the appropriateness of using standards or procedures 
     for interconnection service that vary based on unit size, 
     fuel type, or other relevant characteristics;

[[Page 2133]]

       (B) the appropriateness of establishing fast-track 
     procedures for interconnection service;
       (C) the value of consistency with Federal interconnection 
     rules established by the Federal Energy Regulatory Commission 
     as of the date of enactment of this Act;
       (D) the best practices used to model outage assumptions and 
     contingencies to determine fees or rates for additional 
     services;
       (E) the appropriate duration, magnitude, or usage of demand 
     charge ratchets;
       (F) potential alternative arrangements with respect to the 
     procurement of additional services, including--
       (i) contracts tailored to individual electric consumers for 
     additional services;
       (ii) procurement of additional services by an electric 
     utility from a competitive market; and
       (iii) waivers of fees or rates for additional services for 
     small electric consumers; and
       (G) outcomes such as increased electric reliability, fuel 
     diversification, enhanced power quality, and reduced electric 
     losses that may result from increased use of combined heat 
     and power systems and waste heat to power systems.
                                 ______
                                 
  SA 3317. Mr. HEINRICH (for himself, Mr. Udall, Mr. Gardner, and Mr. 
Booker) submitted an amendment intended to be proposed to amendment SA 
2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 42__. RESTORATION OF LABORATORY DIRECTED RESEARCH AND 
                   DEVELOPMENT PROGRAM.

       The Secretary shall ensure that laboratory operating 
     contractors do not allocate costs of general and 
     administrative overhead to laboratory directed research and 
     development.
                                 ______
                                 
  SA 3318. Mr. HEINRICH (for himself and Mr. Udall) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 42__. RESTORATION OF LABORATORY DIRECTED RESEARCH AND 
                   DEVELOPMENT PROGRAM.

       The Secretary shall ensure that the laboratory operating 
     contractors for Lawrence Livermore National Laboratory, Los 
     Alamos National Laboratory, and Sandia National Laboratories 
     do not allocate costs of general and administrative overhead 
     to laboratory directed research and development.
                                 ______
                                 
  SA 3319. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 3017 and insert the following:

     SEC. 3017. WOODY BIO-POWER.

       Section 803 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17282) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``this section'' and 
     inserting ``paragraph (5)'';
       (B) in paragraph (2), by striking ``this section'' and 
     inserting ``this subsection''; and
       (C) in paragraph (3)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``or to receive any form of Federal assistance under 
     subsection (c)'' after ``paragraph (1)''; and
       (ii) in subparagraph (A), by striking ``a grant under this 
     section'' and inserting ``a grant under this subsection or 
     any form of Federal assistance under subsection (c)'';
       (2) by redesignating subsection (c) as paragraph (5), and 
     indenting appropriately;
       (3) in paragraph (5) (as so redesignated), by striking 
     ``this section'' and inserting ``this subsection''; and
       (4) by adding at the end the following:
       ``(c) Woody Bio-power.--
       ``(1) Definitions.--In this subsection:
       ``(A) Woody biomass.--The term `woody biomass' means any 
     material derived from trees and brush in forest ecosystems 
     that is considered to be biomass (as defined in section 
     203(b) of the Energy Policy Act of 2005 (42 U.S.C. 
     15852(b))).
       ``(B) Woody biomass-derived thermal energy.--The term 
     `woody biomass-derived thermal energy' means the use of woody 
     biomass--
       ``(i) to generate heat; or
       ``(ii) for cooling purposes.
       ``(C) Woody bio-power.--The term `woody bio-power' means 
     the use of woody biomass to generate electricity.
       ``(2) Woody bio-power and woody biomass-derived thermal 
     energy.--The Secretary shall coordinate research and 
     development activities relating to woody bio-power and woody 
     biomass-derived thermal energy projects with other 
     departments and agencies of the Federal Government.
       ``(3) Woody bio-power and woody biomass-derived thermal 
     energy grants.--
       ``(A) Establishment.--Subject to the availability of 
     appropriations, the Secretary shall establish a program under 
     which the Secretary shall provide grants to support 
     innovation, market development, and expansion for woody bio-
     power and woody biomass-derived thermal energy in the 
     commercial, institutional, industrial, and residential 
     bioenergy sectors.
       ``(B) Applications.--To be eligible to receive a grant 
     under this paragraph, the owner or operator of a relevant 
     project shall submit to the Secretary an application at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       ``(C) Allocation.--Of the amounts appropriated each fiscal 
     year to carry out this paragraph, the Secretary shall not 
     provide more than--
       ``(i) $15,000,000 for projects that develop innovative 
     techniques to preprocess woody biomass for use in woody bio-
     powered and woody biomass-derived thermal energy and for 
     lowering the costs of--

       ``(I) distributed preprocessing technologies, including 
     technologies designed to promote densification, torrefaction, 
     and the broader commoditization of bioenergy feedstocks; and
       ``(II) transportation;

       ``(ii) $15,000,000 for woody bio-power and woody biomass-
     derived thermal development projects, including--

       ``(I) district energy projects;
       ``(II) combined heat and power;
       ``(III) small-scale gasification;
       ``(IV) innovation in the transportation of woody biomass; 
     and
       ``(V) projects addressing the challenges of retrofitting 
     existing electricity generation facilities, including coal-
     fired facilities, to use biomass; and

       ``(iii) $5,000,000 for research and development of 
     residential wood heaters towards meeting all targets 
     established by the most recent standards of performance 
     established by the Administrator of the Environmental 
     Protection Agency under section 111 of the Clean Air Act (42 
     U.S.C. 7411).
       ``(D) Regional distribution.--In selecting projects to 
     receive grants under this paragraph, the Secretary shall 
     ensure, to the maximum extent practicable, diverse 
     geographical distribution among the projects.
       ``(E) Cost share.--The Federal share of the cost of a 
     project carried out using a grant under this paragraph shall 
     be 50 percent.
       ``(F) Duties of recipients.--As a condition of receiving a 
     grant under this paragraph, the owner or operator of a 
     relevant project shall--
       ``(i) participate in the applicable working group under 
     subparagraph (G);
       ``(ii) submit to the Secretary a report that includes--

       ``(I) a description of the project and any relevant 
     findings; and
       ``(II) such other information as the Secretary determines 
     to be necessary to complete the report of the Secretary under 
     subparagraph (H); and

       ``(iii) carry out such other activities as the Secretary 
     determines to be necessary.
       ``(G) Working groups.--The Secretary shall establish 3 
     working groups to share best practices and collaborate in 
     project implementation, of which--
       ``(i) 1 shall be comprised of representatives of projects 
     that receive grants under subparagraph (C)(i);
       ``(ii) 1 shall be comprised of representatives of projects 
     that receive grants under subparagraph (C)(ii); and
       ``(iii) 1 shall be comprised of representatives of projects 
     that receive grants under subparagraph (C)(iii).
       ``(H) Reports.--Not later than 5 years after the date of 
     enactment of this subsection, the Secretary shall submit to 
     Congress a report describing--
       ``(i) each project for which a grant has been provided 
     under this paragraph;
       ``(ii) any findings as a result of those projects; and
       ``(iii) the state of market and technology development, 
     including market barriers and opportunities.
       ``(I) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $35,000,000 
     for each of fiscal years 2017 through 2026, to remain 
     available until expended.
       ``(4) Promoting bioenergy in federal facilities.--
       ``(A) In general.--There is authorized to be appropriated 
     to the Secretary to fund woody bio-power and woody biomass-
     derived thermal energy system installations for new or 
     existing Federal facilities $20,000,000, to remain available 
     until expended.
       ``(B) Consultation required.--The Secretary and the 
     Administrator of General Services shall consult regularly to 
     ensure optimal success of the activities described in 
     subparagraph (A).
       ``(5) DOE chp technical assistance partnerships.--There is 
     authorized to be appropriated to the Secretary to carry out 
     the

[[Page 2134]]

     Combined Heat and Power Technical Assistance Partnerships of 
     the Department $5,000,000 to increase the capacity and 
     expertise of the Department to provide technical and other 
     assistance for combined heat and power systems that use wood 
     as a fuel source.
       ``(6) DOE research on small gasifier systems.--There is 
     authorized to be appropriated to the Secretary $5,000,000 to 
     assess and develop market opportunities for small gasifiers, 
     turbines, and other small-scale thermal energy and combined 
     heat and power systems that use wood as a fuel source.
       ``(7) Wood energy works program.--
       ``(A) In general.--Of the amounts appropriated to carry out 
     this paragraph, the Secretary shall grant funding to a non-
     Federal organization to create and deliver an initiative for 
     the purpose of providing free assistance from the design 
     phase through the construction phase for wood energy projects 
     and education, training, and resources related to the design 
     of wood energy systems for a wide range of building types 
     including mid-rise, multi-residential, commercial, 
     institutional, and industrial buildings.
       ``(B) Reports.--
       ``(i) In general.--A non-Federal organization described in 
     subparagraph (A) shall report quarterly to the Secretary on 
     the progress and accomplishments of the initiative.
       ``(ii) Report to congress.--For each fiscal year in which 
     funding is appropriated to carry out this paragraph, the 
     Secretary shall submit to Congress a report on the progress 
     and accomplishments of the funded initiatives.
       ``(C) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph--
       ``(i) $2,000,000 for fiscal year 2017; and
       ``(ii) $5,000,000 for each of fiscal years 2018 through 
     2027.
       ``(8) Coordination of efforts to create interagency wood 
     energy policy report.--
       ``(A) In general.--The Secretary and the Administrator of 
     the Environmental Protection Agency, in consultation with 
     other relevant Federal agencies, shall conduct an evaluation 
     of Federal policies as of the date of enactment of this 
     subsection and make recommendations on how Congress can 
     better support the industrial, commercial, and residential 
     wood energy sectors in the United States.
       ``(B) Report.--Not later than 18 months after the date of 
     enactment of this subsection, the Secretary shall submit to 
     Congress a report on the evaluation conducted and 
     recommendations made under subparagraph (A).
       ``(C) Funding.--There is authorized to be appropriated to 
     carry out this paragraph $1,000,000.
       ``(9) Regional technical assistance program.--
       ``(A) In general.--The Secretary shall establish a regional 
     woody biomass energy program that provides technical 
     assistance to install woody bio-power or woody biomass-
     derived thermal energy systems for heating, cooling, or 
     electricity at new or existing facilities.
       ``(B) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $75,000,000 
     for the period of fiscal years 2017 through 2026.
       ``(10) Strategic analysis and research.--
       ``(A) In general.--The Secretary, acting jointly with the 
     Administrator of the Environmental Protection Agency, shall 
     establish a woody biomass thermal and woody bio-power 
     research program--
       ``(i) the costs of which shall be divided equally between 
     the Department and the Environmental Protection Agency;
       ``(ii) to carry out projects and activities to advance 
     research and analysis on the environmental, social, and 
     economic impacts of the United States woody bio-power and 
     woody biomass-derived thermal energy industries, including--

       ``(I) full accounting of greenhouse gas emissions;
       ``(II) net energy analysis; and
       ``(III) advanced modeling of future climate impacts coupled 
     with land use changes on future forest health and biomass 
     production;

       ``(iii) to provide recommendations for policy and 
     investment in those areas; and
       ``(iv) to identify and assess, through a joint effort 
     between the Secretary and the regional combined heat and 
     power groups of the Department and the Environmental 
     Protection Agency, the feasibility of thermally led district 
     wood energy opportunities in all regions, including by 
     conducting--

       ``(I) broad regional assessments; and
       ``(II) feasibility studies and preliminary engineering 
     assessments for individual facilities.

       ``(B) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary and the 
     Administrator of the Environmental Protection Agency--
       ``(i) $2,000,000 to carry out clauses (ii) and (iii) of 
     subparagraph (A); and
       ``(ii) $1,000,000 to carry out subparagraph (A)(iv).''.
                                 ______
                                 
  SA 3320. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 3009 and insert the following:

     SEC. 3009. LARGE-SCALE GEOTHERMAL ENERGY.

       Section 803 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17282) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``this section'' and 
     inserting ``paragraph (5)'';
       (B) in paragraph (2), by striking ``this section'' and 
     inserting ``this subsection''; and
       (C) in paragraph (3)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``or to receive a grant under subsection (c)'' after 
     ``paragraph (1)''; and
       (ii) in subparagraph (A), by striking ``a grant under this 
     section'' and inserting ``a grant under this subsection or 
     subsection (c)'';
       (2) by redesignating subsection (c) as paragraph (5), and 
     indenting appropriately;
       (3) in paragraph (5) (as so redesignated), by striking 
     ``this section'' and inserting ``this subsection''; and
       (4) by adding at the end the following:
       ``(c) Large-Scale Geothermal Energy.--
       ``(1) Purposes.--The purposes of this subsection are--
       ``(A) to improve the components, processes, and systems 
     used for geothermal heat pumps and the direct use of 
     geothermal energy; and
       ``(B) to increase the energy efficiency, lower the cost, 
     increase the use, and improve and demonstrate the 
     applicability of geothermal heat pumps to, and the direct use 
     of geothermal energy in, large buildings, commercial 
     districts, residential communities, and large municipal, 
     agricultural, or industrial projects.
       ``(2) Definitions.--In this subsection:
       ``(A) Direct use of geothermal energy.--The term `direct 
     use of geothermal energy' means systems that use water that 
     is at a temperature between approximately 38 degrees Celsius 
     and 149 degrees Celsius directly or through a heat exchanger 
     to provide--
       ``(i) heating to buildings; or
       ``(ii) heat required for industrial processes, agriculture, 
     aquaculture, and other facilities.
       ``(B) Geothermal heat pump.--The term `geothermal heat 
     pump' means a system that provides heating and cooling by 
     exchanging heat from shallow ground or surface water using--
       ``(i) a closed loop system, which transfers heat by way of 
     buried or immersed pipes that contain a mix of water and 
     working fluid; or
       ``(ii) an open loop system, which circulates ground or 
     surface water directly into the building and returns the 
     water to the same aquifer or surface water source.
       ``(C) Large-scale application.--The term `large-scale 
     application' means an application for space or process 
     heating or cooling for large entities with a name-plate 
     capacity, expected resource, or rating of 10 or more 
     megawatts, such as a large building, commercial district, 
     residential community, or a large municipal, agricultural, or 
     industrial project.
       ``(3) Program.--
       ``(A) In general.--The Secretary shall establish a program 
     of research, development, and demonstration for geothermal 
     heat pumps and the direct use of geothermal energy.
       ``(B) Areas.--The program may include research, 
     development, demonstration, and commercial application of--
       ``(i) geothermal ground loop efficiency improvements 
     through more efficient heat transfer fluids;
       ``(ii) geothermal ground loop efficiency improvements 
     through more efficient thermal grouts for wells and trenches;
       ``(iii) geothermal ground loop installation cost reduction 
     through--

       ``(I) improved drilling methods;
       ``(II) improvements in drilling equipment;
       ``(III) improvements in design methodology and energy 
     analysis procedures; and
       ``(IV) improved methods for determination of ground thermal 
     properties and ground temperatures;

       ``(iv) installing geothermal ground loops near the 
     foundation walls of new construction to take advantage of 
     existing structures;
       ``(v) using gray or black wastewater as a method of heat 
     exchange;
       ``(vi) improving geothermal heat pump system economics 
     through integration of geothermal systems with other building 
     systems, including providing hot and cold water and rejecting 
     or circulating industrial process heat through refrigeration 
     heat rejection and waste heat recovery;
       ``(vii) advanced geothermal systems using variable pumping 
     rates to increase efficiency;
       ``(viii) geothermal heat pump efficiency improvements;
       ``(ix) use of hot water found in mines and mine shafts and 
     other surface waters as the heat exchange medium;
       ``(x) heating of districts, neighborhoods, communities, 
     large commercial or public buildings (including office, 
     retail, educational, government, and institutional

[[Page 2135]]

     buildings and multifamily residential buildings and 
     campuses), and industrial and manufacturing facilities;
       ``(xi) geothermal system integration with solar thermal 
     water heating or cool roofs and solar-regenerated desiccants 
     to balance loads and use building hot water to store 
     geothermal energy;
       ``(xii) use of hot water coproduced from oil and gas 
     recovery;
       ``(xiii) use of water sources at a temperature of less than 
     150 degrees Celsius for direct use;
       ``(xiv) system integration of direct use with geothermal 
     electricity production; and
       ``(xv) coproduction of heat and power, including on-site 
     use.
       ``(C) Environmental impacts.--In carrying out the program, 
     the Secretary shall identify and mitigate potential 
     environmental impacts in accordance with section 614(c).
       ``(4) Grants.--
       ``(A) In general.--The Secretary shall make grants 
     available to State and local governments, institutions of 
     higher education, nonprofit entities, utilities, and for-
     profit companies (including manufacturers of heat-pump and 
     direct-use components and systems) to promote the development 
     of geothermal heat pumps and the direct use of geothermal 
     energy.
       ``(B) Priority.--In making grants under this paragraph, the 
     Secretary shall give priority to proposals that apply to 
     large buildings (including office, retail, educational, 
     government, institutional, and multifamily residential 
     buildings and campuses and industrial and manufacturing 
     facilities), commercial districts, and residential 
     communities.
       ``(C) National solicitation.--Not later than 180 days after 
     the date of enactment of this subsection, the Secretary shall 
     conduct a national solicitation for applications for grants 
     under this paragraph.
       ``(5) Reports.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subsection and annually thereafter, the 
     Secretary shall submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Science, Space, 
     and Technology of the House of Representatives a report on 
     progress made and results obtained under this subsection to 
     develop geothermal heat pumps and direct use of geothermal 
     energy.
       ``(B) Areas.--Each of the reports required under this 
     paragraph shall include--
       ``(i) an analysis of progress made in each of the areas 
     described in paragraph (3)(B); and
       ``(ii)(I) a description of any relevant recommendations 
     made during a review of the program; and
       ``(II) any plans to address the recommendations under 
     subclause (I).''.
                                 ______
                                 
  SA 3321. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

                    TITLE VI--SPORTSMEN AND WILDLIFE

     SEC. 601. TARGET PRACTICE AND MARKSMANSHIP.

       (a) Purpose.--The purpose of this section is to facilitate 
     the construction and expansion of public target ranges, 
     including ranges on Federal land managed by the Forest 
     Service and the Bureau of Land Management.
       (b) Definition of Public Target Range.--In this section, 
     the term ``public target range'' means a specific location 
     that--
       (1) is identified by a governmental agency for recreational 
     shooting;
       (2) is open to the public;
       (3) may be supervised; and
       (4) may accommodate archery or rifle, pistol, or shotgun 
     shooting.
       (c) Amendments to Pittman-Robertson Wildlife Restoration 
     Act.--
       (1) Definitions.--Section 2 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended--
       (A) by redesignating paragraphs (2) through (8) as 
     paragraphs (3) through (9), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) the term `public target range' means a specific 
     location that--
       ``(A) is identified by a governmental agency for 
     recreational shooting;
       ``(B) is open to the public;
       ``(C) may be supervised; and
       ``(D) may accommodate archery or rifle, pistol, or shotgun 
     shooting;''.
       (2) Expenditures for management of wildlife areas and 
     resources.--Section 8(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669g(b)) is amended--
       (A) by striking ``(b) Each State'' and inserting the 
     following:
       ``(b) Expenditures for Management of Wildlife Areas and 
     Resources.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State'';
       (B) in paragraph (1) (as so designated), by striking 
     ``construction, operation,'' and inserting ``operation'';
       (C) in the second sentence, by striking ``The non-Federal 
     share'' and inserting the following:
       ``(3) Non-federal share.--The non-Federal share'';
       (D) in the third sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(4) Regulations.--The Secretary''; and
       (E) by inserting after paragraph (1) (as designated by 
     subparagraph (A)) the following:
       ``(2) Exception.--Notwithstanding the limitation described 
     in paragraph (1), a State may pay up to 90 percent of the 
     cost of acquiring land for, expanding, or constructing a 
     public target range.''.
       (3) Firearm and bow hunter education and safety program 
     grants.--Section 10 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h-1) is amended--
       (A) in subsection (a), by adding at the end the following:
       ``(3) Allocation of additional amounts.--Of the amount 
     apportioned to a State for any fiscal year under section 
     4(b), the State may elect to allocate not more than 10 
     percent, to be combined with the amount apportioned to the 
     State under paragraph (1) for that fiscal year, for acquiring 
     land for, expanding, or constructing a public target 
     range.'';
       (B) by striking subsection (b) and inserting the following:
       ``(b) Cost Sharing.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Federal share of the cost of any activity carried out using a 
     grant under this section shall not exceed 75 percent of the 
     total cost of the activity.
       ``(2) Public target range construction or expansion.--The 
     Federal share of the cost of acquiring land for, expanding, 
     or constructing a public target range in a State on Federal 
     or non-Federal land pursuant to this section or section 8(b) 
     shall not exceed 90 percent of the cost of the activity.''; 
     and
       (C) in subsection (c)(1)--
       (i) by striking ``Amounts made'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     amounts made''; and
       (ii) by adding at the end the following:
       ``(B) Exception.--Amounts provided for acquiring land for, 
     constructing, or expanding a public target range shall remain 
     available for expenditure and obligation during the 5-fiscal-
     year period beginning on October 1 of the first fiscal year 
     for which the amounts are made available.''.
       (d) Sense of Congress Regarding Cooperation.--It is the 
     sense of Congress that, consistent with applicable laws 
     (including regulations), the Chief of the Forest Service and 
     the Director of the Bureau of Land Management should 
     cooperate with State and local authorities and other entities 
     to carry out waste removal and other activities on any 
     Federal land used as a public target range to encourage 
     continued use of that land for target practice or 
     marksmanship training.

     SEC. 602. NORTH AMERICAN WETLANDS CONSERVATION ACT.

       Section 7(c) of the North American Wetlands Conservation 
     Act (16 U.S.C. 4406(c)) is amended--
       (1) in paragraph (4), by striking ``and'';
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) $50,000,000 for each of fiscal years 2016 through 
     2021.''.

     SEC. 603. MULTINATIONAL SPECIES CONSERVATION FUNDS 
                   REAUTHORIZATION.

       (a)  Reauthorization of African Elephant Conservation 
     Act.--Section 2306(a) of the African Elephant Conservation 
     Act (16 U.S.C. 4245(a)) is amended by striking ``2007 through 
     2012'' and inserting ``2016 through 2020''.
       (b)  Reauthorization of Rhinoceros and Tiger Conservation 
     Act of 1994.--Section 10(a) of the Rhinoceros and Tiger 
     Conservation Act of 1994 (16 U.S.C. 5306(a)) is amended by 
     striking ``2007 through 2012'' and inserting ``2016 through 
     2020''.
       (c)  Reauthorization of Asian Elephant Conservation Act of 
     1997.--Section 8(a) of the Asian Elephant Conservation Act of 
     1997 (16 U.S.C. 4266(a)) is amended by striking ``2007 
     through 2012'' and inserting ``2016 through 2020''.
       (d) Amendment and Reauthorization of Great Ape Conservation 
     Act of 2000.--The Great Ape Conservation Act of 2000 is 
     amended as follows:
       (1) Multiyear grants.--In section 4 (16 U.S.C. 6303), by 
     adding at the end the following new subsections:
       ``(j) Multiyear Grants.--
       ``(1) In general.--The Secretary may award a multiyear 
     grant under this section to a person who is otherwise 
     eligible for a grant under this section, to carry out a 
     project that the person demonstrates is an effective, long-
     term conservation strategy for great apes and their habitats.
       ``(2) Annual grants not affected.--This subsection shall 
     not be construed as precluding the Secretary from awarding 
     grants on an annual basis.''.
       (2) Panel of experts.--In section 4(i) (16 U.S.C. 
     6303(i))--
       (A) in paragraph (1), by--
       (i) striking ``Every 2 years'' and inserting ``Within one 
     year after the date of the enactment of the Energy Policy 
     Modernization Act of 2016, and every 5 years thereafter'';
       (ii) striking ``may convene'' and inserting ``shall 
     convene'';
       (iii) inserting ``and priorities'' after ``needs''; and

[[Page 2136]]

       (iv) adding at the end the following new sentence: ``The 
     panel shall, to the extent practicable, include 
     representatives from foreign range states with expertise in 
     great ape conservation.''; and
       (B) by redesignating paragraph (2) as paragraph (4), and 
     inserting after paragraph (1) the following new paragraphs:
       ``(2) In identifying conservation needs and priorities 
     under paragraph (1), the panel shall consider relevant great 
     ape conservation plans or strategies including scientific 
     research and findings related to--
       ``(A) the conservation needs and priorities of great apes;
       ``(B) regional or species-specific action plans or 
     strategies;
       ``(C) applicable strategies developed or initiated by the 
     Secretary; and
       ``(D) any other applicable conservation plan or strategy.
       ``(3) The Secretary, subject to the availability of 
     appropriations, may pay expenses of convening and 
     facilitating meetings of the panel.''.
       (3) Administrative expenses limitation.--In section 5(b)(2) 
     (16 U.S.C. 6304(b)(2)), by striking ``$100,000'' and 
     inserting ``$150,000''.
       (4) Authorization of appropriations.--In section 6 (16 
     U.S.C. 6305), by striking ``2006 through 2010'' and inserting 
     ``2016 through 2020''.
       (e) Amendment and Reauthorization of Marine Turtle 
     Conservation Act of 2004.--
       (1) In general.--The Marine Turtle Conservation Act of 2004 
     is amended--
       (A) in sections 2(b) and 3(2) (16 U.S.C. 6601(b), 6602(2)), 
     by inserting ``and territories of the United States'' after 
     ``foreign countries'' each place it occurs;
       (B) in section 3 (16 U.S.C. 6602) by adding at the end the 
     following:
       ``(7) Territory of the united states.--The term `territory 
     of the United States' means each of Puerto Rico, the United 
     States Virgin Islands, Guam, American Samoa, the Commonwealth 
     of the Northern Mariana Islands, and any other territory or 
     possession of the United States.''; and
       (C) in section 4 (16 U.S.C. 6603)--
       (i) in subsection (b)(1)(A), by inserting ``or territory of 
     the United States'' after ``foreign country''; and
       (ii) in subsection (d) by inserting ``and territories of 
     the United States'' after ``foreign countries''.
       (2) Administrative expenses limitation.--Section 5(b)(2) of 
     the Marine Turtle Conservation Act of 2004 (16 U.S.C. 
     6604(b)(2)) is amended by striking ``$80,000'' and inserting 
     ``$150,000''.
       (3) Reauthorization.--Section 7 of the Marine Turtle 
     Conservation Act of 2004 (16 U.S.C. 6606) is amended by 
     striking ``each of fiscal years 2005 through 2009'' and 
     inserting ``each of fiscal years 2016 through 2020''.

     SEC. 604. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT 
                   ACT.

       (a) Board of Directors of the Foundation.--
       (1) In general.--Section 3 of the National Fish and 
     Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
     amended--
       (A) in subsection (b)--
       (i) by striking paragraph (2) and inserting the following:
       ``(2) In general.--After consulting with the Secretary of 
     Commerce and considering the recommendations submitted by the 
     Board, the Secretary of the Interior shall appoint 28 
     Directors who, to the maximum extent practicable, shall--
       ``(A) be knowledgeable and experienced in matters relating 
     to the conservation of fish, wildlife, or other natural 
     resources; and
       ``(B) represent a balance of expertise in ocean, coastal, 
     freshwater, and terrestrial resource conservation.''; and
       (ii) by striking paragraph (3) and inserting the following:
       ``(3) Terms.--Each Director (other than a Director 
     described in paragraph (1)) shall be appointed for a term of 
     6 years.''; and
       (B) in subsection (g)(2)--
       (i) in subparagraph (A), by striking ``(A) Officers and 
     employees may not be appointed until the Foundation has 
     sufficient funds to pay them for their service. Officers'' 
     and inserting the following:
       ``(A) In general.--Officers''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Executive director.--The Foundation shall have an 
     Executive Director who shall be--
       ``(i) appointed by, and serve at the direction of, the 
     Board as the chief executive officer of the Foundation; and
       ``(ii) knowledgeable and experienced in matters relating to 
     fish and wildlife conservation.''.
       (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
     American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) 
     is amended by striking ``Secretary of the Board'' and 
     inserting ``Executive Director of the Board''.
       (b) Rights and Obligations of the Foundation.--Section 4 of 
     the National Fish and Wildlife Foundation Establishment Act 
     (16 U.S.C. 3703) is amended--
       (1) in subsection (c)--
       (A) by striking ``(c) Powers.--To carry out its purposes 
     under'' and inserting the following:
       ``(c) Powers.--
       ``(1) In general.--To carry out the purposes described 
     in'';
       (B) by redesignating paragraphs (1) through (11) as 
     subparagraphs (A) through (K), respectively, and indenting 
     appropriately;
       (C) in subparagraph (D) (as redesignated by subparagraph 
     (B)), by striking ``that are insured by an agency or 
     instrumentality of the United States'' and inserting ``at 1 
     or more financial institutions that are members of the 
     Federal Deposit Insurance Corporation or the Securities 
     Investment Protection Corporation'';
       (D) in subparagraph (E) (as redesignated by subparagraph 
     (B)), by striking ``paragraph (3) or (4)'' and inserting 
     ``subparagraph (C) or (D)'';
       (E) in subparagraph (J) (as redesignated by subparagraph 
     (B)), by striking ``; and'' and inserting a semicolon;
       (F) by striking subparagraph (K) (as redesignated by 
     subparagraph (B)) and inserting the following:
       ``(K) to receive and administer restitution and community 
     service payments, amounts for mitigation of impacts to 
     natural resources, and other amounts arising from legal, 
     regulatory, or administrative proceedings, subject to the 
     condition that the amounts are received or administered for 
     purposes that further the conservation and management of 
     fish, wildlife, plants, and other natural resources; and
       ``(L) to do acts necessary to carry out the purposes of the 
     Foundation.''; and
       (G) by striking the undesignated matter at the end and 
     inserting the following:
       ``(2) Treatment of real property.--
       ``(A) In general.--For purposes of this Act, an interest in 
     real property shall be treated as including easements or 
     other rights for preservation, conservation, protection, or 
     enhancement by and for the public of natural, scenic, 
     historic, scientific, educational, inspirational, or 
     recreational resources.
       ``(B) Encumbered real property.--A gift, devise, or bequest 
     may be accepted by the Foundation even though the gift, 
     devise, or bequest is encumbered, restricted, or subject to 
     beneficial interests of private persons if any current or 
     future interest in the gift, devise, or bequest is for the 
     benefit of the Foundation.
       ``(3) Savings clause.--The acceptance and administration of 
     amounts by the Foundation under paragraph (1)(K) does not 
     alter, supersede, or limit any regulatory or statutory 
     requirement associated with those amounts.'';
       (2) by striking subsections (f) and (g); and
       (3) by redesignating subsections (h) and (i) as subsections 
     (f) and (g), respectively.
       (c) Authorization of Appropriations.--Section 10 of the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3709) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this Act for each of fiscal years 2016 through 
     2021--
       ``(A) $15,000,000 to the Secretary of the Interior;
       ``(B) $5,000,000 to the Secretary of Agriculture; and
       ``(C) $5,000,000 to the Secretary of Commerce.'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Amounts from federal agencies.--
       ``(A) In general.--In addition to the amounts authorized to 
     be appropriated under subsection (a), Federal departments, 
     agencies, or instrumentalities may provide Federal funds to 
     the Foundation, subject to the condition that the amounts are 
     used for purposes that further the conservation and 
     management of fish, wildlife, plants, and other natural 
     resources in accordance with this Act.
       ``(B) Advances.--Federal departments, agencies, or 
     instrumentalities may advance amounts described in 
     subparagraph (A) to the Foundation in a lump sum without 
     regard to when the expenses for which the amounts are used 
     are incurred.
       ``(C) Management fees.--The Foundation may assess and 
     collect fees for the management of amounts received under 
     this paragraph.'';
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``funds'' and 
     inserting ``amounts'';
       (ii) by striking ``shall be used'' and inserting ``may be 
     used''; and
       (iii) by striking ``and State and local government 
     agencies'' and inserting ``, State and local government 
     agencies, and other entities''; and
       (C) by adding at the end the following:
       ``(3) Administration of amounts.--
       ``(A) In general.--In entering into contracts, agreements, 
     or other partnerships pursuant to this Act, a Federal 
     department, agency, or instrumentality shall have discretion 
     to waive any competitive process applicable to the 
     department, agency, or instrumentality for entering into 
     contracts, agreements, or partnerships with the Foundation if 
     the purpose of the waiver is--
       ``(i) to address an environmental emergency resulting from 
     a natural or other disaster; or

[[Page 2137]]

       ``(ii) as determined by the head of the applicable Federal 
     department, agency, or instrumentality, to reduce 
     administrative expenses and expedite the conservation and 
     management of fish, wildlife, plants, and other natural 
     resources.
       ``(B) Reports.--The Foundation shall include in the annual 
     report submitted under section 7(b) a description of any use 
     of the authority under subparagraph (A) by a Federal 
     department, agency, or instrumentality in that fiscal 
     year.''; and
       (3) by adding at the end the following:
       ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
     Property.--Any gifts, devises, or bequests of amounts or 
     other property, or any other amounts or other property, 
     transferred to, deposited with, or otherwise in the 
     possession of the Foundation pursuant to this Act, may be 
     made available by the Foundation to Federal departments, 
     agencies, or instrumentalities and may be accepted and 
     expended (or the disposition of the amounts or property 
     directed), without further appropriation, by those Federal 
     departments, agencies, or instrumentalities, subject to the 
     condition that the amounts or property be used for purposes 
     that further the conservation and management of fish, 
     wildlife, plants, and other natural resources.''.
       (d) Limitation on Authority.--Section 11 of the National 
     Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
     3710) is amended by inserting ``exclusive'' before 
     ``authority''.

     SEC. 605. REAUTHORIZATION OF NEOTROPICAL MIGRATORY BIRD 
                   CONSERVATION ACT.

       Section 10 of the Neotropical Migratory Bird Conservation 
     Act (16 U.S.C. 6109) is amended to read as follows:

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to carry out this Act $6,500,000 for each of fiscal years 
     2016 through 2021.
       ``(b) Use of Funds.--Of the amounts made available under 
     subsection (a) for each fiscal year, not less than 75 percent 
     shall be expended for projects carried out at a location 
     outside of the United States.''.

             TITLE VII--NATIONAL FISH HABITAT CONSERVATION

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``National Fish Habitat 
     Conservation Through Partnerships Act''.

     SEC. 702. PURPOSE.

       The purpose of this title is to encourage partnerships 
     among public agencies and other interested parties to promote 
     fish conservation--
       (1) to achieve measurable habitat conservation results 
     through strategic actions of Fish Habitat Partnerships that 
     lead to better fish habitat conditions and increased fishing 
     opportunities by--
       (A) improving ecological conditions;
       (B) restoring natural processes; or
       (C) preventing the decline of intact and healthy systems;
       (2) to establish a consensus set of national conservation 
     strategies as a framework to guide future actions and 
     investment by Fish Habitat Partnerships;
       (3) to broaden the community of support for fish habitat 
     conservation by--
       (A) increasing fishing opportunities;
       (B) fostering the participation of local communities, 
     especially young people in local communities, in conservation 
     activities; and
       (C) raising public awareness of the role healthy fish 
     habitat play in the quality of life and economic well-being 
     of local communities;
       (4) to fill gaps in the National Fish Habitat Assessment 
     and the associated database of the National Fish Habitat 
     Assessment--
       (A) to empower strategic conservation actions supported by 
     broadly available scientific information; and
       (B) to integrate socioeconomic data in the analysis to 
     improve the lives of humans in a manner consistent with fish 
     habitat conservation goals; and
       (5) to communicate to the public and conservation 
     partners--
       (A) the conservation outcomes produced collectively by Fish 
     Habitat Partnerships; and
       (B) new opportunities and voluntary approaches for 
     conserving fish habitat.

     SEC. 703. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Board.--The term ``Board'' means the National Fish 
     Habitat Board established by section 704(a)(1).
       (3) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (4) Epa assistant administrator.--The term ``EPA Assistant 
     Administrator'' means the Assistant Administrator for Water 
     of the Environmental Protection Agency.
       (5) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (6) NOAA assistant administrator.--The term ``NOAA 
     Assistant Administrator'' means the Assistant Administrator 
     for Fisheries of the National Oceanic and Atmospheric 
     Administration.
       (7) Partnership.--The term ``Partnership'' means a self-
     governed entity designated by the Board as a Fish Habitat 
     Conservation Partnership pursuant to section 705(a).
       (8) Real property interest.--The term ``real property 
     interest'' means an ownership interest in--
       (A) land; or
       (B) water (including water rights).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) State.--The term ``State'' means each of the several 
     States.
       (11) State agency.--The term ``State agency'' means--
       (A) the fish and wildlife agency of a State; and
       (B) any department or division of a department or agency of 
     a State that manages in the public trust the inland or marine 
     fishery resources or sustains the habitat for those fishery 
     resources of the State pursuant to State law or the 
     constitution of the State.

     SEC. 704. NATIONAL FISH HABITAT BOARD.

       (a) Establishment.--
       (1) Fish habitat board.--There is established a board, to 
     be known as the ``National Fish Habitat Board'', whose duties 
     are--
       (A) to promote, oversee, and coordinate the implementation 
     of this title;
       (B) to establish national goals and priorities for fish 
     habitat conservation;
       (C) to approve Partnerships; and
       (D) to review and make recommendations regarding fish 
     habitat conservation projects.
       (2) Membership.--The Board shall be composed of 25 members, 
     of whom--
       (A) 1 shall be a representative of the Department of the 
     Interior;
       (B) 1 shall be a representative of the United States 
     Geological Survey;
       (C) 1 shall be a representative of the Department of 
     Commerce;
       (D) 1 shall be a representative of the Department of 
     Agriculture;
       (E) 1 shall be a representative of the Association of Fish 
     and Wildlife Agencies;
       (F) 4 shall be representatives of State agencies, 1 of whom 
     shall be nominated by a regional association of fish and 
     wildlife agencies from each of the Northeast, Southeast, 
     Midwest, and Western regions of the United States;
       (G) 1 shall be a representative of either--
       (i) Indian tribes in the State of Alaska; or
       (ii) Indian tribes in States other than the State of 
     Alaska;
       (H) 1 shall be a representative of either--
       (i) the Regional Fishery Management Councils established 
     under section 302 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1852); or
       (ii) a representative of the Marine Fisheries Commissions, 
     which is composed of--

       (I) the Atlantic States Marine Fisheries Commission;
       (II) the Gulf States Marine Fisheries Commission; and
       (III) the Pacific States Marine Fisheries Commission;

       (I) 1 shall be a representative of the Sportfishing and 
     Boating Partnership Council;
       (J) 7 shall be representatives selected from each of--
       (i) the recreational sportfishing industry;
       (ii) the commercial fishing industry;
       (iii) marine recreational anglers;
       (iv) freshwater recreational anglers;
       (v) habitat conservation organizations; and
       (vi) science-based fishery organizations;
       (K) 1 shall be a representative of a national private 
     landowner organization;
       (L) 1 shall be a representative of an agricultural 
     production organization;
       (M) 1 shall be a representative of local government 
     interests involved in fish habitat restoration;
       (N) 2 shall be representatives from different sectors of 
     corporate industries, which may include--
       (i) natural resource commodity interests, such as petroleum 
     or mineral extraction;
       (ii) natural resource user industries; and
       (iii) industries with an interest in fish and fish habitat 
     conservation; and
       (O) 1 shall be a leadership private sector or landowner 
     representative of an active partnership.
       (3) Compensation.--A member of the Board shall serve 
     without compensation.
       (4) Travel expenses.--A member of the Board may be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for an employee of an agency under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the home or regular place of business of the 
     member in the performance of the duties of the Board.
       (b) Appointment and Terms.--
       (1) In general.--Except as otherwise provided in this 
     subsection, a member of the Board described in any of 
     subparagraphs (F) through (N) of subsection (a)(2) shall 
     serve for a term of 3 years.
       (2) Initial board membership.--

[[Page 2138]]

       (A) In general.--The initial Board will consist of 
     representatives as described in subparagraphs (A) through (F) 
     of subsection (a)(2).
       (B) Remaining members.--Not later than 60 days after the 
     date of enactment of this Act, the representatives of the 
     initial Board pursuant to subparagraph (A) shall appoint the 
     remaining members of the Board described in subparagraphs (H) 
     through (N) of subsection (a)(2).
       (C) Tribal representatives.--Not later than 60 days after 
     the enactment of this Act, the Secretary shall provide to the 
     Board a recommendation of not fewer than 3 tribal 
     representatives, from which the Board shall appoint 1 
     representative pursuant to subparagraph (G) of subsection 
     (a)(2).
       (3) Transitional terms.--Of the members described in 
     subsection (a)(2)(J) initially appointed to the Board--
       (A) 2 shall be appointed for a term of 1 year;
       (B) 2 shall be appointed for a term of 2 years; and
       (C) 3 shall be appointed for a term of 3 years.
       (4) Vacancies.--
       (A) In general.--A vacancy of a member of the Board 
     described in any of subparagraphs (H) through (N) of 
     subsection (a)(2) shall be filled by an appointment made by 
     the remaining members of the Board.
       (B) Tribal representatives.--Following a vacancy of a 
     member of the Board described in subparagraph (G) of 
     subsection (a)(2), the Secretary shall recommend to the Board 
     a list of not fewer than 3 tribal representatives, from which 
     the remaining members of the Board shall appoint a 
     representative to fill the vacancy.
       (5) Continuation of service.--An individual whose term of 
     service as a member of the Board expires may continue to 
     serve on the Board until a successor is appointed.
       (6) Removal.--If a member of the Board described in any of 
     subparagraphs (H) through (N) of subsection (a)(2) misses 3 
     consecutive regularly scheduled Board meetings, the members 
     of the Board may--
       (A) vote to remove that member; and
       (B) appoint another individual in accordance with paragraph 
     (4).
       (c) Chairperson.--
       (1) In general.--The representative of the Association of 
     Fish and Wildlife Agencies appointed pursuant to subsection 
     (a)(2)(E) shall serve as Chairperson of the Board.
       (2) Term.--The Chairperson of the Board shall serve for a 
     term of 3 years.
       (d) Meetings.--
       (1) In general.--The Board shall meet--
       (A) at the call of the Chairperson; but
       (B) not less frequently than twice each calendar year.
       (2) Public access.--All meetings of the Board shall be open 
     to the public.
       (e) Procedures.--
       (1) In general.--The Board shall establish procedures to 
     carry out the business of the Board, including--
       (A) a requirement that a quorum of the members of the Board 
     be present to transact business;
       (B) a requirement that no recommendations may be adopted by 
     the Board, except by the vote of \2/3\ of all members;
       (C) procedures for establishing national goals and 
     priorities for fish habitat conservation for the purposes of 
     this title;
       (D) procedures for designating Partnerships under section 
     705; and
       (E) procedures for reviewing, evaluating, and making 
     recommendations regarding fish habitat conservation projects.
       (2) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.

     SEC. 705. FISH HABITAT PARTNERSHIPS.

       (a) Authority To Approve.--The Board may approve and 
     designate Fish Habitat Partnerships in accordance with this 
     section.
       (b) Purposes.--The purposes of a Partnership shall be--
       (1) to work with other regional habitat conservation 
     programs to promote cooperation and coordination to enhance 
     fish and fish habitats;
       (2) to engage local and regional communities to build 
     support for fish habitat conservation;
       (3) to involve diverse groups of public and private 
     partners;
       (4) to develop collaboratively a strategic vision and 
     achievable implementation plan that is scientifically sound;
       (5) to leverage funding from sources that support local and 
     regional partnerships;
       (6) to use adaptive management principles, including 
     evaluation of project success and functionality;
       (7) to develop appropriate local or regional habitat 
     evaluation and assessment measures and criteria that are 
     compatible with national habitat condition measures; and
       (8) to implement local and regional priority projects that 
     improve conditions for fish and fish habitat.
       (c) Criteria for Approval.--An entity seeking to be 
     designated as a Partnership shall--
       (1) submit to the Board an application at such time, in 
     such manner, and containing such information as the Board may 
     reasonably require; and
       (2) demonstrate to the Board that the entity has--
       (A) a focus on promoting the health of important fish and 
     fish habitats;
       (B) an ability to coordinate the implementation of priority 
     projects that support the goals and national priorities set 
     by the Board that are within the Partnership boundary;
       (C) a self-governance structure that supports the 
     implementation of strategic priorities for fish habitat;
       (D) the ability to develop local and regional relationships 
     with a broad range of entities to further strategic 
     priorities for fish and fish habitat;
       (E) a strategic plan that details required investments for 
     fish habitat conservation that addresses the strategic fish 
     habitat priorities of the Partnership and supports and meets 
     the strategic priorities of the Board;
       (F) the ability to develop and implement fish habitat 
     conservation projects that address strategic priorities of 
     the Partnership and the Board; and
       (G) the ability to develop fish habitat conservation 
     priorities based on sound science and data, the ability to 
     measure the effectiveness of fish habitat projects of the 
     Partnership, and a clear plan as to how Partnership science 
     and data components will be integrated with the overall Board 
     science and data effort.
       (d) Approval.--The Board may approve an application for a 
     Partnership submitted under subsection (c) if the Board 
     determines that the applicant--
       (1) identifies representatives to provide support and 
     technical assistance to the Partnership from a diverse group 
     of public and private partners, which may include State or 
     local governments, nonprofit entities, Indian tribes, and 
     private individuals, that are focused on conservation of fish 
     habitats to achieve results across jurisdictional boundaries 
     on public and private land;
       (2) is organized to promote the health of important fish 
     species and important fish habitats, including reservoirs, 
     natural lakes, coastal and marine environments, and 
     estuaries;
       (3) identifies strategic fish and fish habitat priorities 
     for the Partnership area in the form of geographical focus 
     areas or key stressors or impairments to facilitate strategic 
     planning and decisionmaking;
       (4) is able to address issues and priorities on a 
     nationally significant scale;
       (5) includes a governance structure that--
       (A) reflects the range of all partners; and
       (B) promotes joint strategic planning and decisionmaking by 
     the applicant;
       (6) demonstrates completion of, or significant progress 
     toward the development of, a strategic plan to address the 
     decline in fish populations, rather than simply treating 
     symptoms, in accordance with the goals and national 
     priorities established by the Board; and
       (7) promotes collaboration in developing a strategic vision 
     and implementation program that is scientifically sound and 
     achievable.

     SEC. 706. FISH HABITAT CONSERVATION PROJECTS.

       (a) Submission to Board.--Not later than March 31 of each 
     calendar year, each Partnership shall submit to the Board a 
     list of priority fish habitat conservation projects 
     recommended by the Partnership for annual funding under this 
     title.
       (b) Recommendations by Board.--Not later than July 1 of 
     each calendar year, the Board shall submit to the Secretary a 
     priority list of fish habitat conservation projects that 
     includes the description, including estimated costs, of each 
     project that the Board recommends that the Secretary approve 
     and fund under this title for the following fiscal year.
       (c) Criteria for Project Selection.--The Board shall select 
     each fish habitat conservation project to be recommended to 
     the Secretary under subsection (b) after taking into 
     consideration, at a minimum, the following information:
       (1) A recommendation of the Partnership that is, or will 
     be, participating actively in implementing the fish habitat 
     conservation project.
       (2) The capabilities and experience of project proponents 
     to implement successfully the proposed project.
       (3) The extent to which the fish habitat conservation 
     project --
       (A) fulfills a local or regional priority that is directly 
     linked to the strategic plan of the Partnership and is 
     consistent with the purpose of this title;
       (B) addresses the national priorities established by the 
     Board;
       (C) is supported by the findings of the Habitat Assessment 
     of the Partnership or the Board, and aligns or is compatible 
     with other conservation plans;
       (D) identifies appropriate monitoring and evaluation 
     measures and criteria that are compatible with national 
     measures;
       (E) provides a well-defined budget linked to deliverables 
     and outcomes;
       (F) leverages other funds to implement the project;
       (G) addresses the causes and processes behind the decline 
     of fish or fish habitats; and
       (H) includes an outreach or education component that 
     includes the local or regional community.
       (4) The availability of sufficient non-Federal funds to 
     match Federal contributions for the fish habitat conservation 
     project, as required by subsection (e);

[[Page 2139]]

       (5) The extent to which the local or regional fish habitat 
     conservation project--
       (A) will increase fish populations in a manner that leads 
     to recreational fishing opportunities for the public;
       (B) will be carried out through a cooperative agreement 
     among Federal, State, and local governments, Indian tribes, 
     and private entities;
       (C) increases public access to land or water for fish and 
     wildlife-dependent recreational opportunities;
       (D) advances the conservation of fish and wildlife species 
     that have been identified by the States as species of 
     greatest conservation need;
       (E) where appropriate, advances the conservation of fish 
     and fish habitats under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) and 
     other relevant Federal law and State wildlife action plans; 
     and
       (F) promotes strong and healthy fish habitats so that 
     desired biological communities are able to persist and adapt.
       (6) The substantiality of the character and design of the 
     fish habitat conservation project.
       (d) Limitations.--
       (1) Requirements for evaluation.--No fish habitat 
     conservation project may be recommended by the Board under 
     subsection (b) or provided financial assistance under this 
     title unless the fish habitat conservation project includes 
     an evaluation plan designed using applicable Board guidance--
       (A) to appropriately assess the biological, ecological, or 
     other results of the habitat protection, restoration, or 
     enhancement activities carried out using the assistance;
       (B) to reflect appropriate changes to the fish habitat 
     conservation project if the assessment substantiates that the 
     fish habitat conservation project objectives are not being 
     met;
       (C) to identify improvements to existing fish populations, 
     recreational fishing opportunities and the overall economic 
     benefits for the local community of the fish habitat 
     conservation project; and
       (D) to require the submission to the Board of a report 
     describing the findings of the assessment.
       (2) Acquisition authorities.--
       (A) In general.--A State, local government, or other non-
     Federal entity is eligible to receive funds for the 
     acquisition of real property from willing sellers under this 
     title if the acquisition ensures 1 of--
       (i) public access for compatible fish and wildlife-
     dependent recreation; or
       (ii) a scientifically based, direct enhancement to the 
     health of fish and fish populations, as determined by the 
     Board.
       (B) State agency approval.--
       (i) In general.--All real property interest acquisition 
     projects funded under this title are required to be approved 
     by the State agency in the State in which the project is 
     occurring.
       (ii) Prohibition.--The Board may not recommend, and the 
     Secretary may not provide any funding for, any real property 
     interest acquisition that has not been approved by the State 
     agency.
       (C) Assessment of other authorities.--The Fish Habitat 
     Partnership shall conduct a project assessment, submitted 
     with the funding request and approved by the Board, to 
     demonstrate all other Federal, State, and local authorities 
     for the acquisition of real property have been exhausted.
       (D) Restrictions.--A real property interest may not be 
     acquired pursuant to a fish habitat conservation project by a 
     State, local government, or other non-Federal entity, 
     unless--
       (i) the owner of the real property authorizes the State, 
     local government, or other non-Federal entity to acquire the 
     real property; and
       (ii) the Secretary and the Board determine that the State, 
     local government, or other non-Federal entity would benefit 
     from undertaking the management of the real property being 
     acquired because that is in accordance with the goals of a 
     partnership.
       (e) Non-Federal Contributions.--
       (1) In general.--Except as provided in paragraph (2), no 
     fish habitat conservation project may be recommended by the 
     Board under subsection (b) or provided financial assistance 
     under this title unless at least 50 percent of the cost of 
     the fish habitat conservation project will be funded with 
     non-Federal funds.
       (2) Non-federal share.--The non-Federal share of the cost 
     of a fish habitat conservation project--
       (A) may not be derived from another Federal grant program; 
     but
       (B) may include in-kind contributions and cash.
       (3) Special rule for indian tribes.--Notwithstanding 
     paragraph (1) or any other provision of law, any funds made 
     available to an Indian tribe pursuant to this title may be 
     considered to be non-Federal funds for the purpose of 
     paragraph (1).
       (f) Approval.--
       (1) In general.--Not later than 90 days after the date of 
     receipt of the recommended priority list of fish habitat 
     conservation projects under subsection (b), subject to the 
     limitations of subsection (d), and based, to the maximum 
     extent practicable, on the criteria described in subsection 
     (c), the Secretary, after consulting with the Secretary of 
     Commerce on marine or estuarine projects, shall approve or 
     reject any fish habitat conservation project recommended by 
     the Board.
       (2) Funding.--If the Secretary approves a fish habitat 
     conservation project under paragraph (1), the Secretary shall 
     use amounts made available to carry out this title to provide 
     funds to carry out the fish habitat conservation project.
       (3) Notification.--If the Secretary rejects any fish 
     habitat conservation project recommended by the Board under 
     subsection (b), not later than 180 days after the date of 
     receipt of the recommendation, the Secretary shall provide to 
     the Board, the appropriate Partnership, and the appropriate 
     congressional committees a written statement of the reasons 
     that the Secretary rejected the fish habitat conservation 
     project.

     SEC. 707. TECHNICAL AND SCIENTIFIC ASSISTANCE.

       (a) In General.--The Director, the NOAA Assistant 
     Administrator, the EPA Assistant Administrator, and the 
     Director of the United States Geological Survey, in 
     coordination with the Forest Service and other appropriate 
     Federal departments and agencies, may provide scientific and 
     technical assistance to the Partnerships, participants in 
     fish habitat conservation projects, and the Board.
       (b) Inclusions.--Scientific and technical assistance 
     provided pursuant to subsection (a) may include--
       (1) providing technical and scientific assistance to 
     States, Indian tribes, regions, local communities, and 
     nongovernmental organizations in the development and 
     implementation of Partnerships;
       (2) providing technical and scientific assistance to 
     Partnerships for habitat assessment, strategic planning, and 
     prioritization;
       (3) supporting the development and implementation of fish 
     habitat conservation projects that are identified as high 
     priorities by Partnerships and the Board;
       (4) supporting and providing recommendations regarding the 
     development of science-based monitoring and assessment 
     approaches for implementation through Partnerships;
       (5) supporting and providing recommendations for a national 
     fish habitat assessment;
       (6) ensuring the availability of experts to assist in 
     conducting scientifically based evaluation and reporting of 
     the results of fish habitat conservation projects; and
       (7) providing resources to secure state agency scientific 
     and technical assistance to support Partnerships, 
     participants in fish habitat conservation projects, and the 
     Board.

     SEC. 708. COORDINATION WITH STATES AND INDIAN TRIBES.

       The Secretary shall provide a notice to, and cooperate 
     with, the appropriate State agency or tribal agency, as 
     applicable, of each State and Indian tribe within the 
     boundaries of which an activity is planned to be carried out 
     pursuant to this title, including notification, by not later 
     than 30 days before the date on which the activity is 
     implemented.

     SEC. 709. INTERAGENCY OPERATIONAL PLAN.

       Not later than 1 year after the date of enactment of this 
     Act, and every 5 years thereafter, the Director, in 
     cooperation with the NOAA Assistant Administrator, the EPA 
     Assistant Administrator, the Director of the United States 
     Geological Survey, and the heads of other appropriate Federal 
     departments and agencies (including at a minimum, those 
     agencies represented on the Board) shall develop an 
     interagency operational plan that describes--
       (1) the functional, operational, technical, scientific, and 
     general staff, administrative, and material needs for the 
     implementation of this title; and
       (2) any interagency agreements between or among Federal 
     departments and agencies to address those needs.

     SEC. 710. ACCOUNTABILITY AND REPORTING.

       (a) Reporting.--
       (1) In general.--Not later than 5 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Board shall submit to the appropriate congressional 
     committees a report describing the progress of this title.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the number of acres, stream miles, or 
     acre-feet, or other suitable measures of fish habitat, that 
     was maintained or improved by partnerships of Federal, State, 
     or local governments, Indian tribes, or other entities in the 
     United States during the 5-year period ending on the date of 
     submission of the report;
       (B) a description of the public access to fish habitats 
     established or improved during that 5-year period;
       (C) a description of the improved opportunities for public 
     recreational fishing; and
       (D) an assessment of the status of fish habitat 
     conservation projects carried out with funds provided under 
     this title during that period, disaggregated by year, 
     including--
       (i) a description of the fish habitat conservation projects 
     recommended by the Board under section 706(b);
       (ii) a description of each fish habitat conservation 
     project approved by the Secretary

[[Page 2140]]

     under section 706(f), in order of priority for funding;
       (iii) a justification for--

       (I) the approval of each fish habitat conservation project; 
     and
       (II) the order of priority for funding of each fish habitat 
     conservation project;

       (iv) a justification for any rejection of a fish habitat 
     conservation project recommended by the Board under section 
     706(b) that was based on a factor other than the criteria 
     described in section 706(c); and
       (v) an accounting of expenditures by Federal, State, or 
     local governments, Indian tribes, or other entities to carry 
     out fish habitat conservation projects.
       (b) Status and Trends Report.--Not later than December 31, 
     2016, and every 5 years thereafter, the Board shall submit to 
     the appropriate congressional committees a report that 
     includes--
       (1) a status of all Partnerships approved under this title;
       (2) a description of the status of fish habitats in the 
     United States as identified by established Partnerships; and
       (3) enhancements or reductions in public access as a result 
     of--
       (A) the activities of the Partnerships; or
       (B) any other activities carried out pursuant to this 
     title.
       (c) Revisions.--Not later than December 31, 2016, and every 
     5 years thereafter, the Board shall consider revising the 
     goals of the Board, after consideration of each report 
     required by subsection (b).

     SEC. 711. EFFECT OF TITLE.

       (a) Water Rights.--Nothing in this title--
       (1) establishes any express or implied reserved water right 
     in the United States for any purpose;
       (2) affects any water right in existence on the date of 
     enactment of this Act;
       (3) preempts or affects any State water law or interstate 
     compact governing water; or
       (4) affects any Federal or State law in existence on the 
     date of enactment of the Act regarding water quality or water 
     quantity.
       (b) Authority To Acquire Water Rights or Rights to 
     Property.--Under this title, only a State, local government, 
     or other non-Federal entity may acquire, under State law, 
     water rights or rights to property.
       (c) State Authority.--Nothing in this title--
       (1) affects the authority, jurisdiction, or responsibility 
     of a State to manage, control, or regulate fish and wildlife 
     under the laws and regulations of the State; or
       (2) authorizes the Secretary to control or regulate within 
     a State the fishing or hunting of fish and wildlife.
       (d) Effect on Indian Tribes.--Nothing in this title 
     abrogates, abridges, affects, modifies, supersedes, or alters 
     any right of an Indian tribe recognized by treaty or any 
     other means, including--
       (1) an agreement between the Indian tribe and the United 
     States;
       (2) Federal law (including regulations);
       (3) an Executive order; or
       (4) a judicial decree.
       (e) Adjudication of Water Rights.--Nothing in this title 
     diminishes or affects the ability of the Secretary to join an 
     adjudication of rights to the use of water pursuant to 
     subsection (a), (b), or (c) of section 208 of the Department 
     of Justice Appropriation Act, 1953 (43 U.S.C. 666).
       (f) Department of Commerce Authority.--Nothing in this 
     title affects the authority, jurisdiction, or responsibility 
     of the Department of Commerce to manage, control, or regulate 
     fish or fish habitats under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.).
       (g) Effect on Other Authorities.--
       (1) Private property protection.--Nothing in this title 
     permits the use of funds made available to carry out this 
     title to acquire real property or a real property interest 
     without the written consent of each owner of the real 
     property or real property interest.
       (2) Mitigation.--Nothing in this title permits the use of 
     funds made available to carry out this title for fish and 
     wildlife mitigation purposes under--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (C) the Water Resources Development Act of 1986 (Public Law 
     99-662; 100 Stat. 4082); or
       (D) any other Federal law or court settlement.
       (3) Clean water act.--Nothing in this title affects any 
     provision of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.), including any definition in that Act.

     SEC. 712. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to--
       (1) the Board; or
       (2) any Partnership.

     SEC. 713. FUNDING.

       (a) Authorization of Appropriations.--
       (1) Fish habitat conservation projects.--There is 
     authorized to be appropriated to the Secretary $7,200,000 for 
     each of fiscal years 2016 through 2021 to provide funds for 
     fish habitat conservation projects approved under section 
     706(f), of which 5 percent shall be made available for each 
     fiscal year for projects carried out by Indian tribes.
       (2) Administrative and planning expenses.--There is 
     authorized to be appropriated to the Secretary for each of 
     fiscal years 2016 through 2021 an amount equal to 5 percent 
     of the amount appropriated for the applicable fiscal year 
     pursuant to paragraph (1)--
       (A) for administrative and planning expenses; and
       (B) to carry out section 210.
       (3) Technical and scientific assistance.--There is 
     authorized to be appropriated for each of fiscal years 2016 
     through 2021 to carry out, and provide technical and 
     scientific assistance under, section 707--
       (A) $500,000 to the Secretary for use by the United States 
     Fish and Wildlife Service;
       (B) $500,000 to the NOAA Assistant Administrator for use by 
     the National Oceanic and Atmospheric Administration;
       (C) $500,000 to the EPA Assistant Administrator for use by 
     the Environmental Protection Agency; and
       (D) $500,000 to the Secretary for use by the United States 
     Geological Survey.
       (b) Agreements and Grants.--The Secretary may--
       (1) on the recommendation of the Board, and notwithstanding 
     sections 6304 and 6305 of title 31, United States Code, and 
     the Federal Financial Assistance Management Improvement Act 
     of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into 
     a grant agreement, cooperative agreement, or contract with a 
     Partnership or other entity for a fish habitat conservation 
     project or restoration or enhancement project;
       (2) apply for, accept, and use a grant from any individual 
     or entity to carry out the purposes of this title; and
       (3) make funds available to any Federal department or 
     agency for use by that department or agency to provide grants 
     for any fish habitat protection project, restoration project, 
     or enhancement project that the Secretary determines to be 
     consistent with this title.
       (c) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 
     that is exempt from taxation under section 501(a) of that 
     Code to solicit private donations to carry out the purposes 
     of this title; and
       (B) accept donations of funds, property, and services to 
     carry out the purposes of this title.
       (2) Treatment.--A donation accepted under this section--
       (A) shall be considered to be a gift or bequest to, or 
     otherwise for the use of, the United States; and
       (B) may be--
       (i) used directly by the Secretary; or
       (ii) provided to another Federal department or agency 
     through an interagency agreement.
                                 ______
                                 
  SA 3322. Mr. BROWN (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5___. U.S. CIVIL RIGHTS NETWORK PROGRAM.

       (a) In General.--Subdivision 1 of Division B of subtitle 
     III of title 54, United States Code, is amended by inserting 
     after chapter 3083 the following:

               ``CHAPTER 3084--U.S. CIVIL RIGHTS NETWORK

     ``Sec. 308401. Definition of Network

       ``In this chapter, the term `Network' means the U.S. Civil 
     Rights Network established under section 308402(a).

     ``Sec. 308402. U.S. Civil Rights Network

       ``(a) In General.--The Secretary shall establish, within 
     the Service, a program to be known as the `U.S. Civil Rights 
     Network'.
       ``(b) Duties of Secretary.--In carrying out the Network, 
     the Secretary shall--
       ``(1) review studies and reports to complement and not 
     duplicate studies of the historical importance of the African 
     American civil rights movement that may be underway or 
     completed, such as the Civil Rights Framework Study;
       ``(2) produce and disseminate appropriate educational 
     materials relating to the African American civil rights 
     movement, such as handbooks, maps, interpretive guides, or 
     electronic information;
       ``(3) enter into appropriate cooperative agreements and 
     memoranda of understanding to provide technical assistance 
     under subsection (c); and
       ``(4)(A) create and adopt an official, uniform symbol or 
     device for the Network; and
       ``(B) issue regulations for the use of the symbol or device 
     adopted under subparagraph (A).
       ``(c) Elements.--The Network shall encompass the following 
     elements:
       ``(1) All units and programs of the Service that are 
     determined by the Secretary to relate to the African American 
     civil rights movement during the period from 1939 through 
     1968.

[[Page 2141]]

       ``(2) Other Federal, State, local, and privately owned 
     properties that--
       ``(A) relate to the African American civil rights movement;
       ``(B) have a verifiable connection to the African American 
     civil rights movement; and
       ``(C) are included in, or determined by the Secretary to be 
     eligible for inclusion in, the National Register of Historic 
     Places.
       ``(3) Other governmental and nongovernmental facilities and 
     programs of an educational, research, or interpretive nature 
     that are directly related to the African American civil 
     rights movement.

     ``Sec. 308403. Cooperative agreements and memoranda of 
       understanding

       ``To achieve the purposes of this chapter and to ensure 
     effective coordination of the Federal and non-Federal 
     elements of the Network described in section 308402(c) with 
     System units and programs of the Service, the Secretary may 
     enter into cooperative agreements and memoranda of 
     understanding with, and provide technical assistance to the 
     heads of other Federal agencies, States, units of local 
     government, regional governmental bodies, and private 
     entities.''.
       (b) Clerical Amendment.--The table of chapters for title 
     54, United States Code, is amended by inserting after the 
     item relating to chapter 3083 the following:

``3084. U.S. Civil Rights Network.''.

                                 ______
                                 
  SA 3323. Ms. STABENOW (for herself, Mr. Inhofe, Mr. Peters, Mr. 
Portman, Mr. Brown, Mr. Kirk, Mr. Reed, Mr. Burr, Mr. Durbin, Mrs. 
Boxer, and Ms. Mikulski) submitted an amendment intended to be proposed 
by her to the bill H.R. 4470, to amend the Safe Drinking Water Act with 
respect to the requirements related to lead in drinking water, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike out all after the enacting clause, and insert the 
     following:

       TITLE ___--PREVENTION OF AND PROTECTION FROM LEAD EXPOSURE

     SEC. __01. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible state.--The term ``eligible State'' means a 
     State for which the President has declared an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) relating to the 
     public health threats associated with the presence of lead or 
     other contaminants in a public drinking water supply system.
       (3) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that is the subject of an 
     emergency declaration referred to in paragraph (2).
       (b) State Revolving Loan Fund Assistance.--
       (1) In general.--An eligible system shall be--
       (A) considered to be a disadvantaged community under 
     section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(d)); and
       (B) eligible to receive loans with additional subsidization 
     under that Act (42 U.S.C. 300f et seq.), including 
     forgiveness of principal under section 1452(d)(1) of that Act 
     (42 U.S.C. 300j-12(d)(1)).
       (2) Authorization.--
       (A) In general.--Using funds provided under subsection 
     (e)(1)(A), an eligible State may provide assistance to an 
     eligible system within the eligible State, for the purpose of 
     addressing lead or other contaminants in drinking water, 
     including repair and replacement of public and private 
     drinking water infrastructure.
       (B) Inclusion.--Assistance provided under subparagraph (A) 
     may include additional subsidization under the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), as described in paragraph 
     (1)(B).
       (C) Exclusion.--Assistance provided under subparagraph (A) 
     shall not include assistance for a project that is financed 
     (directly or indirectly), in whole or in part, with proceeds 
     of any obligation issued after the date of enactment of this 
     Act--
       (i) the interest of which is exempt from the tax imposed 
     under chapter 1 of the Internal Revenue Code of 1986; or
       (ii) with respect to which credit is allowable under 
     subpart I or J of part IV of subchapter A of chapter 1 of 
     such Code.
       (3) Limitation.--Section 1452(d)(2) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
       (A) any funds provided under subsection (e)(1)(A); or
       (B) any other loan provided to an eligible system.
       (c) Water Infrastructure Financing.--
       (1) Secured loans.--
       (A) In general.--Using funds provided under subsection 
     (e)(2)(A), the Administrator may make a secured loan under 
     the Water Infrastructure Finance and Innovation Act of 2014 
     (33 U.S.C. 3901 et seq.) to--
       (i) an eligible State to carry out a project eligible under 
     paragraphs (2) through (9) of section 5026 of that Act (33 
     U.S.C. 3905) to address lead or other contaminants in 
     drinking water in an eligible system, including repair and 
     replacement of public and private drinking water 
     infrastructure; and
       (ii) any eligible entity under section 5025 of that Act (33 
     U.S.C. 3904) for a project eligible under paragraphs (2) 
     through (9) of section 5026 of that Act (33 U.S.C. 3905).
       (B) Amount.--Notwithstanding section 5029(b)(2) of the 
     Water Infrastructure Finance and Innovation Act of 2014 (33 
     U.S.C. 3908(b)(2)), the amount of a secured loan provided 
     under subparagraph (A)(i) may be equal to not more than 80 
     percent of the reasonably anticipated costs of the projects.
       (2) Federal involvement.--Notwithstanding section 
     5029(b)(9) of the Water Infrastructure Finance and Innovation 
     Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project 
     to address lead or other contaminants in drinking water in an 
     eligible system that are not covered by a secured loan under 
     paragraph (1) may be covered using amounts in the State 
     revolving loan fund under section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12).
       (d) Nonduplication of Work.--An activity carried out 
     pursuant to this section shall not duplicate the work or 
     activity of any other Federal or State department or agency.
       (e) Funding.--
       (1) Additional drinking water state revolving fund 
     capitalization grants.--
       (A) In general.--The Secretary of the Treasury shall make 
     available to the Administrator a total of $100,000,000 to 
     provide additional grants to eligible States pursuant to 
     section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
     12), to be available during the period of fiscal years 2016 
     and 2017 for the purposes described in subsection (b)(2).
       (B) Supplemented intended use plans.--From funds made 
     available under subparagraph (A), the Administrator shall 
     obligate to an eligible State such amounts as are necessary 
     to meet the needs identified in a supplemented intended use 
     plan by not later than 30 days after the date on which the 
     eligible State submits to the Administrator a supplemented 
     intended use plan under section 1452(b) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(b)) that includes preapplication 
     information regarding projects to be funded using the 
     additional assistance, including, with respect to each such 
     project--
       (i) a description of the project;
       (ii) an explanation of the means by which the project will 
     address a situation causing a declared emergency in the 
     eligible State;
       (iii) the estimated cost of the project; and
       (iv) the projected start date for construction of the 
     project.
       (C) Unobligated amounts.--Any amounts made available to the 
     Administrator under subparagraph (A) that are unobligated on 
     the date that is 18 months after the date on which the 
     amounts are made available shall be available to provide 
     additional grants to States to capitalize State loan funds as 
     provided under section 1452 of the Safe Drinking Water Act 
     (42 U.S.C. 300j-12).
       (D) Applicability.--Section 1452(b)(1) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(b)(1)) shall not apply to a 
     supplement to an intended use plan under subparagraph (B).
       (2) WIFIA funding.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     make available to the Administrator $70,000,000 to provide 
     credit subsidies, in consultation with the Director of the 
     Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) with a goal of providing secured loans 
     totaling at least $700,000,000.
       (B) Use.--Secured loans provided pursuant to subparagraph 
     (A) shall be available to carry out activities described in 
     subsection (c)(1)(A).
       (3) Applicability.--Unless explicitly waived, all 
     requirements under the Safe Drinking Water Act (42 U.S.C. 
     300f et seq.) and the Water Infrastructure Finance and 
     Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall apply 
     to funding provided under this subsection.
       (f) Health Effects Evaluation.--
       (1) In general.--Pursuant to section 104(i)(1)(E) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9604(i)(1)(E)), and on receipt of a 
     request of an appropriate State or local health official of 
     an eligible State, the Director of the Agency for Toxic 
     Substances and Disease Registry of the National Center for 
     Environmental Health shall in coordination with other 
     agencies, as appropriate, conduct voluntary surveillance 
     activities to evaluate any adverse health effects on 
     individuals exposed to lead from drinking water in the 
     affected communities.
       (2) Consultations.--Pursuant to section 104(i)(4) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9604(i)(4)), and on receipt of a 
     request of an appropriate State or local health official of 
     an eligible State, the Director of the Agency for Toxic 
     Substances and Disease Registry of the National Center for 
     Environmental Health shall provide consultations regarding 
     health issues described in paragraph (1).

     SEC. __02. LOAN FORGIVENESS.

       The matter under the heading ``State and Tribal Assistance 
     Grants'' under the heading ``ENVIRONMENTAL PROTECTION 
     AGENCY'' in title II of division G of the Consolidated 
     Appropriations Act, 2016 (Public

[[Page 2142]]

     Law 114-113), is amended in paragraph (1), by striking the 
     semicolon at the end and inserting the following: ``or, if a 
     Federal or State emergency declaration has been issued due to 
     a threat to public health from heightened exposure to lead in 
     a municipal drinking water supply, before the date of 
     enactment of this Act: Provided further, That in a State in 
     which such an emergency declaration has been issued, the 
     State may use more than 20 percent of the funds made 
     available under this title to the State for Drinking Water 
     State Revolving Fund capitalization grants to provide 
     additional subsidy to eligible recipients;''.

     SEC. __03. DISCLOSURE OF PUBLIC HEALTH THREATS FROM LEAD 
                   EXPOSURE.

       (a) Exceedance of Lead Action Level.--Section 1414(c) of 
     the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is 
     amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(D) Notice of any exceedance of a lead action level or 
     any other prescribed level of lead in a regulation issued 
     under section 1412, including the concentrations of lead 
     found in a monitoring activity or any other level of lead 
     determined by the Administrator to warrant notice, either on 
     a case-specific or more general basis.'';
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) Exceedance of lead action level.--Regulations issued 
     under subparagraph (A) shall specify notification procedures 
     for an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412.'';
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (4) by inserting after paragraph (2) the following:
       ``(3) Notification of the public relating to lead.--
       ``(A) Exceedance of lead action level.--Not later than 15 
     days after the date of being notified by the primary agency 
     of an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412, including the concentrations of lead found in a 
     monitoring activity or any other level of lead determined by 
     the Administrator to warrant notice, either on a case-
     specific or more general basis, the Administrator shall 
     notify the public of the concentrations of lead found in the 
     monitoring activity conducted by the public water system if 
     the public water system or the State does not notify the 
     public of the concentrations of lead found in a monitoring 
     activity.
       ``(B) Results of lead monitoring.--
       ``(i) In general.--The Administrator may provide notice of 
     any result of lead monitoring conducted by a public water 
     system to--

       ``(I) any person that is served by the public water system; 
     or
       ``(II) the local or State health department of a locality 
     or State in which the public water system is located.

       ``(ii) Form of notice.--The Administrator may provide the 
     notice described in clause (i) by--

       ``(I) press release; or
       ``(II) other form of communication, including local media.

       ``(C) Privacy.--Notice to the public shall protect the 
     privacy of individual customer information.''.
       (b) Conforming Amendments.--Section 1414 (c) of the Safe 
     Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
       (1) in paragraph (1)(C), by striking ``paragraph (2)(E)'' 
     and inserting ``paragraph (2)(F)'';
       (2) in paragraph (2)(B)(i)(II), by striking ``subparagraph 
     (D)'' and inserting ``subparagraph (E)''; and
       (3) in paragraph (3)(B), in the first sentence, by striking 
     ``(D)'' and inserting ``(E)''.

     SEC. __04. REGISTRY FOR LEAD EXPOSURE AND ADVISORY COMMITTEE.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means a city exposed to lead 
     contamination in the local drinking water system.
       (2) Committee.--The term ``Committee'' means the Advisory 
     Committee established under subsection (c).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (b) Lead Exposure Registry.--The Secretary shall establish 
     within the Agency for Toxic Substances and Disease Registry 
     or another relevant agency at the discretion of the 
     Secretary, or establish through a grant award or contract, a 
     lead exposure registry to collect data on the lead exposure 
     of residents of a City on a voluntary basis.
       (c) Advisory Committee.--
       (1) Membership.--
       (A) In general.--The Secretary shall establish an Advisory 
     Committee in coordination with the Director of the Centers 
     for Disease Control and Prevention and other relevant 
     agencies as determined by the Secretary consisting of Federal 
     members and non-Federal members, and which shall include--
       (i) an epidemiologist;
       (ii) a toxicologist;
       (iii) a mental health professional;
       (iv) a pediatrician;
       (v) an early childhood education expert;
       (vi) a special education expert;
       (vii) a dietician; and
       (viii) an environmental health expert.
       (B) Requirements.--Membership in the Committee shall not 
     exceed 15 members and not less than \1/2\ of the members 
     shall be Federal members.
       (2) Chair.--The Secretary shall designate a chair from 
     among the Federal members appointed to the Committee.
       (3) Terms.--Members of the Committee shall serve for a term 
     of not more than 3 years and the Secretary may reappoint 
     members for consecutive terms.
       (4) Application of faca.--The Committee shall be subject to 
     the Federal Advisory Committee Act (5 U.S.C. App.).
       (5) Responsibilities.--The Committee shall, at a minimum--
       (A) review the Federal programs and services available to 
     individuals and communities exposed to lead;
       (B) review current research on lead poisoning to identify 
     additional research needs;
       (C) review and identify best practices, or the need for 
     best practices, regarding lead screening and the prevention 
     of lead poisoning;
       (D) identify effective services, including services 
     relating to healthcare, education, and nutrition for 
     individuals and communities affected by lead exposure and 
     lead poisoning, including in consultation with, as 
     appropriate, the lead exposure registry as established in 
     subsection (b); and
       (E) undertake any other review or activities that the 
     Secretary determines to be appropriate.
       (6) Report.--Annually for 5 years and thereafter as 
     determined necessary by the Secretary or as required by 
     Congress, the Committee shall submit to the Secretary, the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, and Agriculture, Nutrition, and Forestry of the 
     Senate and the Committees on Education and the Workforce, 
     Energy and Commerce, and Agriculture of the House of 
     Representatives a report that includes--
       (A) an evaluation of the effectiveness of the Federal 
     programs and services available to individuals and 
     communities exposed to lead;
       (B) an evaluation of additional lead poisoning research 
     needs;
       (C) an assessment of any effective screening methods or 
     best practices used or developed to prevent or screen for 
     lead poisoning;
       (D) input and recommendations for improved access to 
     effective services relating to healthcare, education, or 
     nutrition for individuals and communities impacted by lead 
     exposure; and
       (E) any other recommendations for communities affected by 
     lead exposure, as appropriate.
       (d) Mandatory Funding.--
       (1) In general.--On the date of enactment of this Act, out 
     of any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Secretary, to 
     be available during the period of fiscal years 2016 through 
     2020--
       (A) $17,500,000 to carry out subsection (b); and
       (B) $2,500,000 to carry out subsection (c).
       (2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     subsections (b) and (c) the funds transferred under 
     subparagraphs (A) and (B) of paragraph (1), respectively, 
     without further appropriation.

     SEC. __05. ADDITIONAL FUNDING FOR CERTAIN CHILDHOOD HEALTH 
                   PROGRAMS.

       (a) Childhood Lead Poisoning Prevention Program.--
       (1) In general.--On the date of enactment of this Act, out 
     of any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Director of 
     the Centers for Disease Control and Prevention, to be 
     available during the period of fiscal years 2017 and 2018, 
     $10,000,000 for the childhood lead poisoning prevention 
     program authorized under section 317A of the Public Health 
     Service Act (42 U.S.C. 247b-1).
       (2) Receipt and acceptance.--The Director of the Centers 
     for Disease Control and Prevention shall be entitled to 
     receive, shall accept, and shall use to carry out the 
     childhood lead poisoning prevention program authorized under 
     section 317A of the Public Health Service Act (42 U.S.C. 
     247b-1) the funds transferred under paragraph (1), without 
     further appropriation.
       (b) Healthy Homes Program.--
       (1) In general.--On the date of enactment of this Act, out 
     of any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Secretary of 
     Housing and Urban Development, to be available during the 
     period of fiscal years 2017 and 2018, $10,000,000 to carry 
     out the Healthy Homes Initiative of the Department of Housing 
     and Urban Development.
       (2) Receipt and acceptance.--The Secretary of Housing and 
     Urban Development shall be entitled to receive, shall accept, 
     and shall use to carry out the Healthy Homes Initiative of 
     the Department of Housing and Urban Development the funds 
     transferred under paragraph (1), without further 
     appropriation.

[[Page 2143]]

       (c) Healthy Start Program.--
       (1) In general.--On the date of enactment of this Act, out 
     of any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Administrator 
     of the Health Resources and Services Administration, to be 
     available during the period of fiscal years 2017 and 2018, 
     $10,000,000 to carry out the Healthy Start Initiative under 
     section 330H of the Public Health Service Act (42 U.S.C. 
     254c-8).
       (2) Receipt and acceptance.--The Administrator of the 
     Health Resources and Services Administration shall be 
     entitled to receive, shall accept, and shall use to carry out 
     the Healthy Start Initiative under section 330H of the Public 
     Health Service Act (42 U.S.C. 254c-8) the funds transferred 
     under paragraph (1), without further appropriation.

     SEC. __06. REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Inspector 
     General of the Environmental Protection Agency shall submit 
     to the Committees on Appropriations, Environment and Public 
     Works, and Homeland Security and Governmental Affairs of the 
     Senate and the Committees on Appropriations, Energy and 
     Commerce, Transportation and Infrastructure, and Oversight 
     and Government Reform of the House of Representatives a 
     report on the status of any ongoing investigations into the 
     Federal and State response to the contamination of the 
     drinking water supply of the City of Flint, Michigan.
       (b) Review.--Not later than 30 days after the completion of 
     the investigations described in subsection (a), the 
     Comptroller General of the United States shall commence a 
     review of issues that are not addressed by the investigations 
     and relating to--
       (1) the adequacy of the response by the State of Michigan 
     and the City of Flint to the drinking water crisis in Flint, 
     Michigan, including the timeliness and transparency of the 
     response, as well as the capacity of the State and City to 
     manage the drinking water system; and
       (2) the adequacy of the response by Region 5 of the 
     Environmental Protection Agency to the drinking water crisis 
     in Flint, Michigan, including the timeliness and transparency 
     of the response.
       (c) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (b), the Comptroller 
     General of the United States shall submit to Congress a 
     report that includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to take 
     any actions to prevent a similar situation in the future and 
     to protect public health.

     SEC. __07. OFFSET.

       None of the funds available to the Secretary of Energy to 
     provide any credit subsidy under subsection (d) of section 
     136 of the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17013) as of the date of enactment of this Act shall 
     be obligated for new loan commitments under that subsection 
     on or after October 1, 2020.

                          ____________________