[Congressional Record (Bound Edition), Volume 162 (2016), Part 5]
[Senate]
[Pages 6131-6160]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3930. Mr. McCAIN (for himself and Mr. Flake) submitted an 
amendment intended to be proposed to amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       After section 191 in title I of division A, add the 
     following:
       Sec. __.  No funds shall be transferred into the Sport Fish 
     Restoration and Boating Trust Fund pursuant to section 
     9503(c)(3)(B) of the Internal Revenue Code of 1986 for use by 
     the United States Fish and Wildlife Service if the Director 
     of the United States Fish and Wildlife Service issues a 
     compatibility determination to restrict motorized boats in 
     Havasu Wildlife Refuge, Arizona.
                                 ______
                                 
  SA 3931. Ms. COLLINS (for herself and Mr. King) submitted an 
amendment intended to be proposed to amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. ___. (a) Notwithstanding section 102(h) of the Cuban 
     Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 
     U.S.C. 6032(h)) and section 910(b) of the Trade Sanctions 
     Reform and Export Enhancement Act of 2000 (22 U.S.C. 
     7209(b)), and except as provided in subsection (b), none of 
     the funds appropriated or otherwise made available by this 
     Act or by any other Act may be used to directly or indirectly 
     prohibit the provision of technical services otherwise 
     permitted under an international air transportation agreement 
     in the United States for an aircraft of a foreign air carrier 
     that is en route to or from Cuba based on the restrictions 
     set forth in part 515 of title 31, Code of Federal 
     Regulations (commonly known as the ``Cuban Assets Control 
     Regulations'').
       (b) This section shall not apply--
       (1) if--
       (A) the United States is at war with Cuba;
       (B) armed hostilities between the United States and Cuba 
     are in progress; or
       (C) there is imminent danger to the public health or 
     physical safety of United States citizens; or
       (2) to foreign air carriers that are owned by the 
     Government of Cuba or are based in Cuba.
                                 ______
                                 
  SA 3932. Mr. KIRK submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R.

[[Page 6132]]

2577, making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 251. INSPECTION OF KITCHENS AND FOOD SERVICE AREAS AT 
                   MEDICAL FACILITIES OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, the Secretary of Veterans Affairs shall 
     provide for the conduct of inspections of kitchens and food 
     service areas at each medical facility of the Department of 
     Veterans Affairs to ensure that the same standards for 
     kitchens and food service areas at hospitals in the private 
     sector are being met at kitchens and food service areas at 
     medical facilities of the Department.
       (b) Agreement.--
       (1) In general.--The Secretary shall seek to enter into an 
     agreement with the Joint Commission on Accreditation of 
     Hospital Organizations under which the Joint Commission on 
     Accreditation of Hospital Organizations conducts the 
     inspections required under subsection (a).
       (2) Alternate organization.--If the Secretary is unable to 
     enter into an agreement described in paragraph (1) with the 
     Joint Commission on Accreditation of Hospital Organizations 
     on terms acceptable to the Secretary, the Secretary shall 
     seek to enter into such an agreement with another appropriate 
     organization that--
       (A) is not part of the Federal Government;
       (B) operates as a not-for-profit entity; and
       (C) has expertise and objectivity comparable to that of the 
     Joint Commission on Accreditation of Hospital Organizations.
       (c) Remediation Plan.--
       (1) Initial failure.--If a kitchen or food service area of 
     a medical facility of the Department is determined pursuant 
     to an inspection conducted under subsection (a) not to meet 
     the standards for kitchens and food service areas in 
     hospitals in the private sector, that medical facility fails 
     the inspection and the Secretary shall--
       (A) implement a remediation plan for that medical facility 
     within 48 hours; and
       (B) Conduct a second inspection under subsection (a) at 
     that medical facility within 7 days of the failed inspection.
       (2) Second failure.--If a medical facility of the 
     Department fails the second inspection conducted under 
     paragraph (1)(B), the Secretary shall close the kitchen or 
     food service area at that medical facility that did not meet 
     the standards for kitchens and food service areas in 
     hospitals in the private sector until remediation is 
     completed and all kitchens and food service areas at that 
     medical facility meet such standards.
       (3) Provision of food.--If a kitchen or food service area 
     is closed at a medical facility of the Department pursuant to 
     paragraph (2), the Director of the Veterans Integrated 
     Service Network in which the medical facility is located 
     shall enter into a contract with a vendor approved by the 
     General Services Administration to provide food at the 
     medical facility.
       (d) Reports.--
       (1) Quarterly.--Not less frequently than quarterly, the 
     Director of each Veterans Integrated Service Network shall 
     submit to Congress a report on inspections conducted under 
     this section during that quarter at medical facilities of the 
     Department under the jurisdiction of that Director.
       (2) Subsequent period.--A Director of a Veterans Integrated 
     Service Network may submit to Congress the report described 
     in paragraph (1) not less frequently than semiannually if the 
     Director does not report any failed inspections for the one-
     year period preceding the submittal of the report.
                                 ______
                                 
  SA 3933. Mr. PERDUE submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division B, insert the 
     following:
       Sec. __.  Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of the Army shall submit 
     to Congress a report that includes--
       (1) a detailed description of the age and condition of the 
     aircraft maintenance hangars of the Army's Combat Aviation 
     Brigade;
       (2) an identification of the most deficient such hangers;
       (3) a plan to modernize or replace such hangars; and
       (4) a description of the resources required to modernize or 
     replace such hangers.
                                 ______
                                 
  SA 3934. Mr. KING (for himself, Mr. Coons, and Mr. Portman) submitted 
an amendment intended to be proposed to amendment SA 3896 proposed by 
Ms. Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the 
bill H.R. 2577, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2016, and for other purposes; 
as follows:

       On page 223, line 9, after ``interoperability:'' insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of law, $300,000 shall be available to carry 
     out a matching program with the Department of Education to 
     identify veterans who are unemployable due to a service-
     connected disability and who are also borrowers of Federal 
     student loans in order to streamline and expedite the process 
     through which such veterans may discharge their Federal 
     student loans.''.
                                 ______
                                 
  SA 3935. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251. (a) The Secretary of Veterans Affairs shall treat 
     a marriage and family therapist described in subsection (b) 
     as qualified to serve as a marriage and family therapist in 
     the Department of Veterans Affairs, regardless of any 
     requirements established by the Commission on Accreditation 
     for Marriage and Family Therapy Education.
       (b) A marriage and family therapist described in this 
     subsection is a therapist who meets each of the following 
     criteria:
       (1) Has a masters or higher degree in marriage and family 
     therapy, or a related field, from a regionally accredited 
     institution.
       (2) Is licensed as a marriage and family therapist in a 
     State (as defined in section 101(20) of title 38, United 
     States Code) and possesses the highest level of licensure 
     offered from the State.
       (3) Has passed the Association of Marital and Family 
     Therapy Regulatory Board Examination in Marital and Family 
     Therapy or a related examination for licensure administered 
     by a State (as so defined).
                                 ______
                                 
  SA 3936. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

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


    consideration of certain time spent receiving medical care from 
  secretary of defense as active duty for purposes of eligibility for 
                    post-9/11 educational assistance

       Sec. 251. Section 3301(1)(B) of title 38, United States 
     Code, is amended by inserting ``12301(h),'' after 
     ``12301(g),''.
                                 ______
                                 
  SA 3937. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

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


    consideration of certain time spent receiving medical care from 
  secretary of defense as active duty for purposes of eligibility for 
                    post-9/11 educational assistance

       Sec. 251.  (a) In General.--Section 3301(1)(B) of title 38, 
     United States Code, is amended by inserting ``12301(h),'' 
     after ``12301(g),''.
       (b) Retroactive Application.--The amendment made by 
     subsection (a) shall apply as if such amendment were enacted 
     immediately after the enactment of the Post-9/11 Veterans 
     Educational Assistance Act of 2008 (Public Law 110-252).
                                 ______
                                 
  SA 3938. Mr. KIRK (for himself and Mr. Tester) submitted an amendment

[[Page 6133]]

intended to be proposed to amendment SA 3896 proposed by Ms. Collins 
(for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill H.R. 
2577, making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
ending September 30, 2016, and for other purposes; as follows:

       At the appropriate place in title I of division B, insert 
     the following:
       Sec. __. (a) Of the amounts appropriated by section 132 of 
     the Military Construction, Veterans Affairs, and Related 
     Agencies Appropriations Act, 2016 (division J of Public Law 
     114-13; 129 Stat. 2683), $30,000,000 is hereby rescinded.
       (b) Notwithstanding section 123 of this title, for an 
     additional amount for fiscal year 2016 for ``Military 
     Construction, Army'' in this title, $30,000,000, to remain 
     available until September 30, 2021, is provided for advances 
     to the Federal Highway Administration, Department of 
     Transportation, for construction of access roads as 
     authorized by section 210 of title 23, United States Code.
       (c) This section shall become effective immediately upon 
     enactment of this Act.
                                 ______
                                 
  SA 3939. Mr. CASEY submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, add the following:
       Sec. __. (a) During the 3-year period beginning on the date 
     of the enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall develop and carry out a 
     scalable aerospace additive manufacturing demonstration 
     initiative, which shall focus on developing research and 
     training to support certification of a range of aircraft 
     components that are representative of industry applications 
     to address barriers to the use of additive manufacturing in 
     United States civil aerospace.
       (b) The demonstration initiative required by subsection (a) 
     shall--
       (1) promote and facilitate collaboration among institutions 
     of higher education, the commercial aircraft industry 
     (including manufacturers, suppliers, and commercial air 
     carriers), Manufacturing Innovation Institutes of the 
     National Network for Manufacturing Innovation administered by 
     the Department of Commerce, and Manufacturing Innovation 
     Institutes administered by the Federal Aviation 
     Administration;
       (2) identify and promote opportunities for collaboration 
     and technical exchange among agencies involved in research 
     related to scalable additive manufacturing, including the 
     National Aeronautics and Space Administration, the National 
     Science Foundation, the National Institute of Standards and 
     Technology, and the Department of Energy;
       (3) develop a research and training program for basic and 
     applied technical advances related to additively manufactured 
     aerospace components, including safety-critical applications; 
     and
       (4) develop and undertake research related to additive 
     manufacturing processing supporting the certification of 
     additively manufactured components with institutions of 
     higher education, industry, non-profit research institutes, 
     and the Manufacturing Innovation Institutes described in 
     paragraph (1).
       (c) The Administrator shall submit to Congress a report on 
     the initiative required by subsection (a).
                                 ______
                                 
  SA 3940. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, 
Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251. (a) The Secretary of Veterans Affairs shall use 
     amounts appropriated or otherwise made available in this 
     title to ensure that the ratio of veterans to full-time 
     employment equivalents within any program of rehabilitation 
     conducted under chapter 31 of title 38, United States Code, 
     does not exceed 125 veterans to one full-time employment 
     equivalent.
       (b) Not later than 180 days after the date of the enactment 
     of this Act, the Secretary shall submit to Congress a report 
     on the programs of rehabilitation conducted under chapter 31 
     of title 38, United States Code, including an assessment of 
     the veteran-to-staff ratio for each such program.
                                 ______
                                 
  SA 3941. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; as follows:

       On page 50 of division A, strike line 7 and all that 
     follows through ``Code:'' on line 10, and insert the 
     following: ``up to $25,000,000 shall be available to carry 
     out section 24407(c)(1) of title 49, United States Code; and 
     not less than $25,000,000 shall be available to carry out 
     paragraphs (2), (5), (6), (7) and (10) of section 24407(c) of 
     such title:''.
                                 ______
                                 
  SA 3942. Mr. PERDUE submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 114, line 11, strike ``$10,501,000,000'' and insert 
     ``$10,301,000,000''.
                                 ______
                                 
  SA 3943. Mr. PERDUE submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 80, line 10, strike ``$16,431,696,000'' and insert 
     ``$15,740,696,000''.
                                 ______
                                 
  SA 3944. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. 
Kirk, Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 251. AUTHORIZATION OF CERTAIN MAJOR MEDICAL FACILITY 
                   PROJECTS OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) Findings.--Congress finds the following:
       (1) The Military Construction, Veterans Affairs, and 
     Related Agencies Appropriations Act, 2016, which was passed 
     by the Senate on November 10, 2015, without a single vote 
     cast against the bill, and the Consolidated Appropriations 
     Act, 2016 include the following amounts to be appropriated to 
     the Department of Veterans Affairs:
       (A) $35,000,000 to make seismic corrections to Building 208 
     at the West Los Angeles Medical Center of the Department in 
     Los Angeles, California, which, according to the Department, 
     is a building that is designated as having an exceptionally 
     high risk of sustaining substantial damage or collapsing 
     during an earthquake.
       (B) $158,000,000 to provide for the construction of a new 
     research building, site work, and demolition at the San 
     Francisco Veterans Affairs Medical Center.
       (C) $161,000,000 to replace Building 133 with a new 
     community living center at the Long Beach Veterans Affairs 
     Medical Center, which, according to the Department, is a 
     building that is designated as having an extremely high risk 
     of sustaining major damage during an earthquake.
       (D) $468,800,000 for construction projects that are 
     critical to the Department for ensuring health care access 
     and safety at medical facilities in Louisville, Kentucky, 
     Jefferson Barracks in St. Louis, Missouri, Perry Point, 
     Maryland, American Lake, Washington, Alameda, California, and 
     Livermore, California.
       (2) The Department is unable to obligate or expend the 
     amounts described in paragraph (1), other than for 
     construction design, because the Department lacks an explicit 
     authorization by an Act of Congress pursuant to section 
     8104(a)(2) of title 38, United States Code, to carry out the 
     major medical facility projects described in such paragraph.
       (3) Among the major medical facility projects described in 
     paragraph (1), three are critical seismic safety projects in 
     California.
       (4) Every day that the critical seismic safety projects 
     described in paragraph (3) are delayed increases the risk of 
     a life-threatening

[[Page 6134]]

     building failure in the case of a major seismic event.
       (5) According to the United States Geological Survey--
       (A) California has more than a 99 percent chance of 
     experiencing an earthquake of magnitude 6.7 or greater in the 
     next 30 years;
       (B) even earthquakes of less severity than magnitude 6.7 
     can cause life threatening damage to seismically unsafe 
     buildings; and
       (C) in California, earthquakes of magnitude 6.0 or greater 
     occur on average once every 1.2 years.
       (6) On January 20, 2016, the Senate passed this legislation 
     by unanimous consent as S. 2422, 114th Congress.
       (b) Authorization.--The Secretary of Veterans Affairs may 
     carry out the following major medical facility projects, with 
     each project to be carried out in an amount not to exceed the 
     amount specified for that project:
       (1) Seismic corrections to buildings, including 
     retrofitting and replacement of high-risk buildings, in San 
     Francisco, California, in an amount not to exceed 
     $180,480,000.
       (2) Seismic corrections to facilities, including facilities 
     to support homeless veterans, at the medical center in West 
     Los Angeles, California, in an amount not to exceed 
     $105,500,000.
       (3) Seismic corrections to the mental health and community 
     living center in Long Beach, California, in an amount not to 
     exceed $287,100,000.
       (4) Construction of an outpatient clinic, administrative 
     space, cemetery, and columbarium in Alameda, California, in 
     an amount not to exceed $87,332,000.
       (5) Realignment of medical facilities in Livermore, 
     California, in an amount not to exceed $194,430,000.
       (6) Construction of a medical center in Louisville, 
     Kentucky, in an amount not to exceed $150,000,000.
       (7) Construction of a replacement community living center 
     in Perry Point, Maryland, in an amount not to exceed 
     $92,700,000.
       (8) Seismic corrections and other renovations to several 
     buildings and construction of a specialty care building in 
     American Lake, Washington, in an amount not to exceed 
     $16,260,000.
       (c) Authorization of Appropriations for Construction.--
     There is authorized to be appropriated to the Secretary of 
     Veterans Affairs for fiscal year 2016 or the year in which 
     funds are appropriated for the Construction, Major Projects, 
     account, $1,113,802,000 for the projects authorized in 
     subsection (b).
       (d) Limitation.--The projects authorized in subsection (b) 
     may only be carried out using--
       (1) funds appropriated for fiscal year 2016 pursuant to the 
     authorization of appropriations in subsection (c);
       (2) funds available for Construction, Major Projects, for a 
     fiscal year before fiscal year 2016 that remain available for 
     obligation;
       (3) funds available for Construction, Major Projects, for a 
     fiscal year after fiscal year 2016 that remain available for 
     obligation;
       (4) funds appropriated for Construction, Major Projects, 
     for fiscal year 2016 for a category of activity not specific 
     to a project;
       (5) funds appropriated for Construction, Major Projects, 
     for a fiscal year before fiscal year 2016 for a category of 
     activity not specific to a project; and
       (6) funds appropriated for Construction, Major Projects, 
     for a fiscal year after fiscal year 2016 for a category of 
     activity not specific to a project.
                                 ______
                                 
  SA 3945. Mr. CORNYN (for himself and Mr. Schumer) proposed an 
amendment to the bill S. 2040, to deter terrorism, provide justice for 
victims, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Justice Against Sponsors of 
     Terrorism Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) International terrorism is a serious and deadly problem 
     that threatens the vital interests of the United States.
       (2) International terrorism affects the interstate and 
     foreign commerce of the United States by harming 
     international trade and market stability, and limiting 
     international travel by United States citizens as well as 
     foreign visitors to the United States.
       (3) Some foreign terrorist organizations, acting through 
     affiliated groups or individuals, raise significant funds 
     outside of the United States for conduct directed and 
     targeted at the United States.
       (4) It is necessary to recognize the substantive causes of 
     action for aiding and abetting and conspiracy liability under 
     chapter 113B of title 18, United States Code.
       (5) The decision of the United States Court of Appeals for 
     the District of Columbia in Halberstam v. Welch, 705 F.2d 472 
     (D.C. Cir. 1983), which has been widely recognized as the 
     leading case regarding Federal civil aiding and abetting and 
     conspiracy liability, including by the Supreme Court of the 
     United States, provides the proper legal framework for how 
     such liability should function in the context of chapter 113B 
     of title 18, United States Code.
       (6) Persons, entities, or countries that knowingly or 
     recklessly contribute material support or resources, directly 
     or indirectly, to persons or organizations that pose a 
     significant risk of committing acts of terrorism that 
     threaten the security of nationals of the United States or 
     the national security, foreign policy, or economy of the 
     United States, necessarily direct their conduct at the United 
     States, and should reasonably anticipate being brought to 
     court in the United States to answer for such activities.
       (7) The United States has a vital interest in providing 
     persons and entities injured as a result of terrorist attacks 
     committed within the United States with full access to the 
     court system in order to pursue civil claims against persons, 
     entities, or countries that have knowingly or recklessly 
     provided material support or resources, directly or 
     indirectly, to the persons or organizations responsible for 
     their injuries.
       (b) Purpose.--The purpose of this Act is to provide civil 
     litigants with the broadest possible basis, consistent with 
     the Constitution of the United States, to seek relief against 
     persons, entities, and foreign countries, wherever acting and 
     wherever they may be found, that have provided material 
     support, directly or indirectly, to foreign organizations or 
     persons that engage in terrorist activities against the 
     United States.

     SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR INTERNATIONAL 
                   TERRORISM AGAINST THE UNITED STATES.

       (a) In General.--Chapter 97 of title 28, United States 
     Code, is amended by inserting after section 1605A the 
     following:

     ``Sec. 1605B. Responsibility of foreign states for 
       international terrorism against the United States

       ``(a) Definition.--In this section, the term `international 
     terrorism'--
       ``(1) has the meaning given the term in section 2331 of 
     title 18, United States Code; and
       ``(2) does not include any act of war (as defined in that 
     section).
       ``(b) Responsibility of Foreign States.--A foreign state 
     shall not be immune from the jurisdiction of the courts of 
     the United States in any case in which money damages are 
     sought against a foreign state for physical injury to person 
     or property or death occurring in the United States and 
     caused by--
       ``(1) an act of international terrorism in the United 
     States; and
       ``(2) a tortious act or acts of the foreign state, or of 
     any official, employee, or agent of that foreign state while 
     acting within the scope of his or her office, employment, or 
     agency, regardless where the tortious act or acts of the 
     foreign state occurred.
       ``(c) Claims by Nationals of the United States.--
     Notwithstanding section 2337(2) of title 18, a national of 
     the United States may bring a claim against a foreign state 
     in accordance with section 2333 of that title if the foreign 
     state would not be immune under subsection (b).
       ``(d) Rule of Construction.--A foreign state shall not be 
     subject to the jurisdiction of the courts of the United 
     States under subsection (b) on the basis of an omission or a 
     tortious act or acts that constitute mere negligence.''.
       (b) Technical and Conforming Amendments.--
       (1) The table of sections for chapter 97 of title 28, 
     United States Code, is amended by inserting after the item 
     relating to section 1605A the following:

``1605B. Responsibility of foreign states for international terrorism 
              against the United States.''.
       (2) Subsection 1605(g)(1)(A) of title 28, United States 
     Code, is amended by inserting ``or section 1605B'' after 
     ``but for section 1605A''.

     SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS 
                   REGARDING TERRORIST ACTS.

       (a) In General.--Section 2333 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(d) Liability.--
       ``(1) Definition.--In this subsection, the term `person' 
     has the meaning given the term in section 1 of title 1.
       ``(2) Liability.--In an action under subsection (a) for an 
     injury arising from an act of international terrorism 
     committed, planned, or authorized by an organization that had 
     been designated as a foreign terrorist organization under 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189), as of the date on which such act of international 
     terrorism was committed, planned, or authorized, liability 
     may be asserted as to any person who aids and abets, by 
     knowingly providing substantial assistance, or who conspires 
     with the person who committed such an act of international 
     terrorism.''.
       (b) Effect on Foreign Sovereign Immunities Act.--Nothing in 
     the amendment made by this section affects immunity of a 
     foreign state, as that term is defined in section 1603 of 
     title 28, United States Code, from jurisdiction under other 
     law.

     SEC. 5. STAY OF ACTIONS PENDING STATE NEGOTIATIONS.

       (a) Exclusive Jurisdiction.--The courts of the United 
     States shall have exclusive jurisdiction in any action in 
     which a foreign state is subject to the jurisdiction of a 
     court of the United States under section 1605B of title 28, 
     United States Code, as added by section 3(a) of this Act.

[[Page 6135]]

       (b) Intervention.--The Attorney General may intervene in 
     any action in which a foreign state is subject to the 
     jurisdiction of a court of the United States under section 
     1605B of title 28, United States Code, as added by section 
     3(a) of this Act, for the purpose of seeking a stay of the 
     civil action, in whole or in part.
       (c) Stay.--
       (1) In general.--A court of the United States may stay a 
     proceeding against a foreign state if the Secretary of State 
     certifies that the United States is engaged in good faith 
     discussions with the foreign state defendant concerning the 
     resolution of the claims against the foreign state, or any 
     other parties as to whom a stay of claims is sought.
       (2) Duration.--
       (A) In general.--A stay under this section may be granted 
     for not more than 180 days.
       (B) Extension.--
       (i) In general.--The Attorney General may petition the 
     court for an extension of the stay for additional 180-day 
     periods.
       (ii) Recertification.--A court shall grant an extension 
     under clause (i) if the Secretary of State recertifies that 
     the United States remains engaged in good faith discussions 
     with the foreign state defendant concerning the resolution of 
     the claims against the foreign state, or any other parties as 
     to whom a stay of claims is sought.

     SEC. 6. SEVERABILITY.

       If any provision of this Act or any amendment made by this 
     Act, or the application of a provision or amendment to any 
     person or circumstance, is held to be invalid, the remainder 
     of this Act and the amendments made by this Act, and the 
     application of the provisions and amendments to any other 
     person not similarly situated or to other circumstances, 
     shall not be affected by the holding.

     SEC. 7. EFFECTIVE DATE.

       The amendments made by this Act shall apply to any civil 
     action--
       (1) pending on, or commenced on or after, the date of 
     enactment of this Act; and
       (2) arising out of an injury to a person, property, or 
     business on or after September 11, 2001.
                                 ______
                                 
  SA 3946. Mr. BLUNT submitted an amendment intended to be proposed to 
amendment SA 3900 proposed by Mr. McConnell (for Mr. Blunt (for 
himself, Mr. Graham, Mr. Cochran, Mrs. Murray, and Mr. Leahy)) to the 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; as follows:

       On page 10 of the amendment, line 1, strike ``. The'' and 
     all that follows through the period on line 3, and insert the 
     following: ``: Provided, That such plans shall be updated and 
     submitted to the Committee on Appropriations of the Senate 
     every 90 days until September 30, 2017, and every 180 days 
     thereafter until all funds have been fully expended.''.
                                 ______
                                 
  SA 3947. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 219, line 25, strike the period and insert ``: 
     Provided, That the National Cemetery Administration shall 
     complete the Rural Veterans Burial Initiative by not later 
     than September 30, 2017.''
                                 ______
                                 
  SA 3948. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; as follows:

       On page 245, lines 23 through 24, strike ``and (7) the 
     number and results of Quality Review Team audits'' and insert 
     ``(7) the number and results of Quality Review Team audits; 
     (8) the number of claims completed by each Regional Office 
     based on the Regional Office being the station of 
     jurisdiction; and (9) the number of claims completed by each 
     Regional Office based on the Regional Office being the 
     station of origin''.
                                 ______
                                 
  SA 3949. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251.  None of the funds made available in this title 
     may be used to pay bonuses to employees within the Veterans 
     Health Administration until the Secretary of Veterans Affairs 
     certifies to the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House of 
     Representatives that individuals eligible for health care 
     from the Department of Veterans Affairs are allowed to choose 
     the medical facility of the Department at which to receive 
     care.
                                 ______
                                 
  SA 3950. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251.  None of the funds made available in this title 
     may be used to pay bonuses to employees within the Veterans 
     Benefits Administration who perform work related to the 
     processing of disability claims under the laws administered 
     by the Secretary of Veterans Affairs until the nationwide 
     backlog of such claims is at 10 percent or less of the 
     pending workload for the Veterans Benefits Administration.
                                 ______
                                 
  SA 3951. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

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


                        annual report on bonuses

       Sec. 251. Not later than one year after the date of the 
     enactment of this Act, and not less frequently than annually 
     thereafter, the Secretary of Veterans Affairs shall submit to 
     the Committee on Appropriations of the Senate and the 
     Committee on Appropriations of the House of Representatives a 
     report that contains, for the year preceding the submittal of 
     the report, a description of the bonuses awarded to Regional 
     Office Directors of the Department of Veterans Affairs, 
     Directors of Medical Centers of the Department, and Directors 
     of Veterans Integrated Service Networks, including the amount 
     of each bonus and the name of the individual to whom the 
     bonus was awarded.
                                 ______
                                 
  SA 3952. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 251. MONTHLY ASSISTANCE ALLOWANCE FOR DISABLED VETERANS 
                   COMPETING ON OLYMPIC TEAMS.

       Section 322(d)(1) of title 38, United States Code, is 
     amended--
       (1) by striking ``allowance to a veteran'' and inserting 
     the following: ``allowance to--
       ``(A) a veteran'';
       (2) in subparagraph (A), as designated by paragraph (1), by 
     striking the period at the end and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) a veteran with a disability, as determined by the 
     Secretary, who is selected by the United States Olympic 
     Committee for the United States Olympic Team for any month in 
     which the veteran is competing in any event sanctioned by the 
     National Governing Bodies of the United States Olympic 
     Sports.''.
                                 ______
                                 
  SA 3953. Mrs. GILLIBRAND (for herself, Mr. Booker, and Mrs. Boxer) 
submitted an amendment intended to be

[[Page 6136]]

proposed by her to the bill H.R. 2577, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2016, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251. (a) Research on Therapeutic Uses of Cannabis 
     Plant.--The Secretary of Veterans Affairs may, in 
     coordination with the National Center for Posttraumatic 
     Stress Disorder, within the limits of statutory authorities 
     and funding under other provisions of law, conduct clinical 
     research on the potential benefits of therapeutic use of the 
     cannabis plant by veterans--
       (1) to treat serious health conditions, such as 
     posttraumatic stress disorder (PTSD), chronic pain and 
     neuropathies, sleep disorders, traumatic brain injury, 
     seizures, Parkinson's disease, cancer, spinal cord injuries, 
     human immunodeficiency virus (HIV), and Crohn's disease; and
       (2) as a treatment to achieve and maintain abstinence from 
     opioids and heroin.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives a report 
     detailing any efforts of the Department of Veterans Affairs 
     to expand the conduct of research described in subsection 
     (a).
                                 ______
                                 
  SA 3954. Ms. HEITKAMP (for herself, Ms. Collins, Mr. King, and Ms. 
Murkowski) submitted an amendment intended to be proposed to amendment 
SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. Reed, and 
Mr. Tester) to the bill H.R. 2577, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2016, and for 
other purposes; as follows:

       At the end of title II of division B, add the following:
       Sec. 251. (a) The Secretary of Veterans Affairs shall 
     ensure that the Readjustment Counseling Service of the 
     Department of Veterans Affairs coordinates directly with the 
     Office of Rural Health of the Department on efforts to expand 
     the capacity of Vet Centers (as defined in section 1712A(h) 
     of title 38, United States Code) in order to ensure that the 
     readjustment and psychological counseling needs of veterans 
     in rural and highly rural communities are met.
       (b) Not later than one year after the date of the enactment 
     of this Act, the Secretary shall submit to the Committee on 
     Appropriations of the Senate and the Committee on 
     Appropriations of the House of Representatives a report 
     detailing the number of Vet Centers (as so defined) operated 
     by the Department and a strategic plan to increase the 
     capacity of such Vet Centers to address unmet readjustment 
     and psychological counseling needs of veterans in rural and 
     highly rural communities.
                                 ______
                                 
  SA 3955. Mr. LANKFORD (for himself and Mr. Lee) submitted an 
amendment intended to be proposed to amendment SA 3900 proposed by Mr. 
McConnell (for Mr. Blunt (for himself, Mr. Graham, Mr. Cochran, Mrs. 
Murray, and Mr. Leahy)) to the amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 1 of the amendment, strike line 3 and all 
     that follows through line 20 on page 18, and insert the 
     following:

                                TITLE __

                     ZIKA RESPONSE AND PREPAREDNESS

                               CHAPTER 1

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $40,000,000, shall 
     also be available until September 30, 2017, to prevent, 
     prepare for, and respond to Zika virus, other vector borne 
     diseases, and related health outcomes, domestically and 
     internationally:  Provided, That funds made available in this 
     paragraph shall be used to expand the delivery of primary 
     health services authorized by section 330 of the Public 
     Health Service (``PHS'') Act in Puerto Rico and other 
     territories.

                            health workforce

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $6,000,000, shall 
     also be available until September 30, 2017, to prevent, 
     prepare for, and respond to Zika virus, other vector-borne 
     diseases, and related health outcomes, domestically and 
     internationally:  Provided, That funds made available in this 
     paragraph may, for purposes of providing primary health 
     services in areas affected by Zika virus or other vector-
     borne diseases, be used to assign National Health Service 
     Corps (``NHSC'') members to Puerto Rico and other 
     Territories, notwithstanding the assignment priorities and 
     limitations in or under sections 333(a)(1)(D), 333(b), or 
     333A(a) of the PHS Act, and to make NHSC Loan Repayment 
     Program awards under section 338B of such Act:  Provided 
     further, That for purposes of the previous proviso, section 
     331(a)(3)(D) of the PHS Act shall be applied as if the term 
     ``primary health services'' included health services 
     regarding pediatric subspecialists.

                       maternal and child health

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $5,000,000, shall 
     also be available until September 30, 2017, to prevent, 
     prepare for, and respond to Zika virus, other vector-borne 
     diseases, and related health outcomes, domestically and 
     internationally:  Provided, That funds made available in this 
     paragraph may be awarded for projects of regional and 
     national significance in Puerto Rico and other Territories 
     authorized under section 501 of the Social Security Act, 
     notwithstanding section 502 of such Act.

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $449,000,000, shall 
     also be available until September 30, 2017, to prevent, 
     prepare for, and respond to Zika virus, other vector-borne 
     diseases, and related health outcomes, domestically and 
     internationally; and to carry out titles II, III, and XVII of 
     the PHS Act with respect to domestic preparedness and global 
     health:  Provided, That products purchased with these funds 
     may, at the discretion of the Secretary of Health and Human 
     Services, be deposited in the Strategic National Stockpile 
     under section 319F-2 of the PHS Act:  Provided further, That 
     funds may be used for purchase and insurance of official 
     motor vehicles in foreign countries:  Provided further, That 
     the provisions in section 317S of the PHS Act shall not apply 
     to the use of funds made available in this paragraph:  
     Provided further, That funds made available in this paragraph 
     may be used for grants for the construction, alteration, or 
     renovation of non-federally owned facilities to improve 
     preparedness and response capability at the State and local 
     level:  Provided further, That of the amount made available 
     in this paragraph, $88,000,000 may be used to reimburse 
     accounts administered by the Centers for Disease Control and 
     Prevention for obligations incurred for Zika virus response 
     prior to the enactment of this Act.

                     National Institutes of Health

         national institute of allergy and infectious diseases

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $200,000,000, shall 
     also be available until September 30, 2017, to prevent, 
     prepare for, and respond to Zika virus, other vector-borne 
     diseases, and related health outcomes, domestically and 
     internationally, including expenses related to carrying out 
     section 301 and title IV of the PHS Act.

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $150,000,000, shall 
     also be available until September 30, 2017, to prevent, 
     prepare for, and respond to Zika virus, other vector-borne 
     diseases, and related health outcomes, domestically and 
     internationally; to develop necessary countermeasures and 
     vaccines, including the development and purchase of vaccines, 
     therapeutics, diagnostics, necessary medical supplies, and 
     administrative activities; for carrying out titles II, III, 
     and XVII of the PHS Act with respect to domestic preparedness 
     and global health; and for additional payments for 
     distribution as provided for under the ``Social Services 
     Block Grant Program'':  Provided, That funds made available 
     in this paragraph may be used to procure security 
     countermeasures (as defined in section 319F-2(c)(1)(B) of the 
     PHS Act, as amended by this Act):  Provided further, That 
     paragraphs (1) and (7)(C) of subsection (c) of section 319F-2 
     of the PHS Act, but no other provisions of such section, 
     shall apply to such security countermeasures procured with 
     funds made available in this paragraph:  Provided further, 
     That products purchased with funds made available in this 
     paragraph may, at the discretion of the Secretary of Health 
     and Human Services, be deposited in the Strategic National 
     Stockpile under section 319F-2 of the PHS Act:  Provided 
     further, That countermeasures related to the Zika virus 
     procured with funds made available in this paragraph shall be 
     deemed to be security countermeasures as defined in

[[Page 6137]]

     section 319F-2(c)(1) of the PHS Act, and paragraph (7)(C), 
     but no other provision, of such section 319F-2(c) shall apply 
     to procurements of such countermeasures:  Provided further, 
     That $75,000,000 shall be transferred to ``Social Services 
     Block Grant'' for health services, notwithstanding section 
     2005(a)(4) of the Social Security Act, in territories with 
     active or local transmission cases of the Zika virus, as 
     confirmed by the Centers for Disease Control and Prevention:  
     Provided further, That the Secretary of Health and Human 
     Services shall distribute funds transferred to the ``Social 
     Services Block Grant'' in this paragraph to such territories 
     in accordance with objective criteria that are made available 
     to the public.

                    General Provisions--This Chapter

                     (including transfer of funds)

       Sec. __.  For purposes of preventing, preparing for, and 
     responding to Zika virus, other vector-borne diseases, and 
     related health outcomes domestically and internationally, the 
     Secretary of Health and Human Services may use funds provided 
     in this chapter to acquire, lease, construct, alter, 
     renovate, equip, furnish, or manage facilities outside of the 
     United States, as necessary to conduct such programs, in 
     consultation with the Secretary of State, either directly for 
     the use of the United States Government or for the use, 
     pursuant to grants, direct assistance, or cooperative 
     agreements, of public or nonprofit private institutions or 
     agencies in participating foreign countries.
       Sec. __.  Funds made available by this chapter may be used 
     by the heads of the Department of Health and Human Services, 
     Department of State, and the Agency for International 
     Development to appoint, without regard to the provisions of 
     sections 3309 through 3319 of title 5 of the United States 
     Code, candidates needed for positions to perform critical 
     work relating to Zika response for which--
       (1) public notice has been given; and
       (2) the Secretary of Health and Human Services has 
     determined that such a public health threat exists.
       Sec. __.  Funds made available in this chapter may be 
     transferred to, and merged with, other appropriation accounts 
     under the headings ``Centers for Disease Control and 
     Prevention'', ``Public Health and Social Services Emergency 
     Fund'', ``Health Resources and Services Administration'', and 
     ``National Institutes of Health'' for the purposes specified 
     in this chapter following consultation with the Office of 
     Management and Budget:  Provided, That the Committees on 
     Appropriations shall be notified 10 days in advance of any 
     such transfer:  Provided further, That, upon a determination 
     that all or part of the funds transferred from an 
     appropriation are not necessary, such amounts may be 
     transferred back to that appropriation:  Provided further, 
     That none of the funds made available by this chapter may be 
     transferred pursuant to the authority in section 206 of 
     division G of Public Law 113-325 or section 241(a) of the PHS 
     Act.
       Sec. __.  If there remains an insufficient amount of 
     unobligated funds under any heading under this chapter, funds 
     may be transferred from the unobligated balance of funds 
     under other headings under this chapter: Provided, That the 
     total amount of funds made available by this title shall not 
     exceed $850,000,000.
       Sec. __.  Not later than 30 days after enactment of this 
     Act, the Secretary of Health and Human Services shall provide 
     a detailed spend plan of anticipated uses of funds made 
     available in this chapter, including estimated personnel and 
     administrative costs, to the Committees on Appropriations. 
     The Secretary of Health and Human Services should also 
     provide quarterly obligation updates to the Committees until 
     all funds are expended or expire.
       Sec. __.  Prior to the transfer or reprogramming of funds 
     made available by this chapter, the director of the Office of 
     Management and Budget shall certify to the appropriate 
     Congressional committees that the net effect of all transfers 
     shall not result in an increase in outlays over the period of 
     fiscal years 2016 through 2021.

                               CHAPTER 2

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $14,594,000, shall 
     also be available until September 30, 2017, for necessary 
     expenses to support response efforts related to the Zika 
     virus and related health outcomes, other vector-borne 
     diseases, or other infectious diseases:  Provided, That up to 
     $4,000,000 may be made available for medical evacuation costs 
     of any other Department or agency of the United States under 
     Chief of Mission authority, and may be transferred to any 
     other appropriation of such Department or agency for such 
     costs.

           emergencies in the diplomatic and consular service

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $4,000,000, shall 
     also be available for necessary expenses to support response 
     efforts related to the Zika virus and related health 
     outcomes, other vector-borne diseases, or other infectious 
     diseases, to remain available until expended.

                   repatriation loans program account

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $1,000,000, shall 
     also be available to support response efforts related to the 
     Zika virus and related health outcomes, other vector-borne 
     diseases, or other infectious diseases.

           United States Agency for International Development

                 funds made available to the president

                           operating expenses

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $10,000,000, shall 
     also be available until September 30, 2017, for necessary 
     expenses to support response efforts related to the Zika 
     virus and related health outcomes, other vector-borne 
     diseases, or other infectious diseases.

                     Bilateral Economic Assistance

                 funds made available to the president

                         global health programs

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $211,000,000, shall 
     also be available for necessary expenses for assistance or 
     research to prevent, treat, or otherwise respond to the Zika 
     virus and related health outcomes, other vector-borne 
     diseases, or other infectious diseases:  Provided, That such 
     funds may be made available for multi-year funding 
     commitments to incentivize the development of global health 
     technologies, following consultation with the Committees on 
     Appropriations:  Provided further, That none of the funds 
     made available in this chapter may be made available for the 
     Grand Challenges for Development program.

                   International Security Assistance

                          department of state

    nonproliferation, anti-terrorism, demining and related programs

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $4,000,000, shall 
     also be available until September 30, 2017, for necessary 
     expenses to support response and research efforts related to 
     the Zika virus and related health outcomes, other vector-
     borne diseases, or other infectious diseases.

                        Multilateral Assistance

                 funds made available to the president

                international organizations and programs

       Unobligated balances of amounts appropriated under this 
     heading in previous fiscal years, up to $13,500,000, shall 
     also be available until September 30, 2017, for necessary 
     expenses to support response and research efforts related to 
     the Zika virus and related health outcomes, other vector-
     borne diseases, or other infectious diseases:  Provided, That 
     section 307(a) of the Foreign Assistance Act of 1961 shall 
     not apply to funds made available under this heading.

                    General Provisions--This Chapter

                     (including transfer of funds)

       Sec. __. (a) Funds made available by this chapter under the 
     headings ``Global Health Programs'', ``Nonproliferation, 
     Anti-terrorism, Demining and Related Programs'', 
     ``International Organizations and Programs'', and ``Operating 
     Expenses'' may be transferred to, and merged with, funds made 
     available by this chapter under such headings to carry out 
     the purposes of this chapter.
       (b) Funds made available by this chapter under the headings 
     ``Diplomatic and Consular Programs'', ``Emergencies in the 
     Diplomatic and Consular Service'', and ``Repatriation Loans 
     Program Account'' may be transferred to, and merged with, 
     funds made available by this chapter under such headings to 
     carry out the purposes of this chapter.
       (c) If there remains an insufficient amount of unobligated 
     funds under any heading under this chapter, funds may be 
     transferred from the unobligated balance of funds under other 
     headings under this chapter: Provided, That the total amount 
     of funds made available by this title shall not exceed 
     $258,094,000.
       (d) The transfer authorities provided by this section are 
     in addition to any other transfer authority provided by law.
       (e) Upon a determination that all or part of the funds 
     transferred pursuant to the authorities provided by this 
     section are not necessary for such purposes, such amounts may 
     be transferred back to such appropriations.
       (f) No funds shall be transferred pursuant to this section 
     unless at least 15 days prior to making such transfer the 
     Secretary of State or the Administrator of the United States 
     Agency for International Development (USAID), as appropriate, 
     notifies the Committees on Appropriations in writing of the 
     details of any such transfer.
       (g) Prior to the transfer or reprogramming of funds made 
     available by this chapter, the director of the Office of 
     Management and Budget shall certify to the appropriate 
     Congressional committees that the net effect of all transfers 
     and reprogramming shall not result in an increase in outlays 
     over the period of fiscal years 2016 through 2021.

                        notification requirement

       Sec. __.  Funds made available by this chapter that are 
     made available to respond

[[Page 6138]]

     to the Zika virus outbreak, other vector-borne diseases, or 
     other infectious diseases shall not be available for 
     obligation unless the Secretary of State or the USAID 
     Administrator, as appropriate, notifies the Committees on 
     Appropriations in writing at least 15 days in advance of such 
     obligation.

                         spend plan requirement

       Sec. __.  Not later than 45 days after enactment of this 
     Act and prior to the obligation of funds made available by 
     this chapter to respond to the Zika virus outbreak, other 
     vector-borne diseases, or other infectious diseases, the 
     Secretary of State and the USAID Administrator, as 
     appropriate, shall submit spend plans to the Committees on 
     Appropriations on the anticipated uses of funds on a country 
     and project basis, including estimated personnel and 
     administrative costs:  Provided, That such plans shall be 
     updated and submitted to the Committee on Appropriations 
     every 90 days until September 30, 2017, and every 180 days 
     thereafter until all funds have been fully expended.

                     comptroller general oversight

       Sec. __.  Of the funds made available by this chapter, up 
     to $500,000 shall be made available to the Comptroller 
     General of the United States, to remain available until 
     expended, for oversight of activities supported pursuant to 
     this chapter with funds made available by this chapter:  
     Provided, That the Secretary of State and USAID 
     Administrator, as appropriate, and the Comptroller General 
     shall consult with the Committees on Appropriations prior to 
     obligating such funds.

                               rescission

       Sec. __.  Of the unobligated balances available under the 
     heading ``Operating Expenses'' in title IX of the Department 
     of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2015 (division J of Public Law 113-235), 
     $10,000,000 are rescinded:  Provided, That such amounts are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                               CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

                extension of authorities and provisions

       Sec. __.  Unless otherwise provided for by this title, the 
     additional amounts made available pursuant to this title for 
     fiscal year 2016 are subject to the requirements for funds 
     contained in the Consolidated Appropriations Act, 2016 
     (Public Law 114-113).

                      personal service contractors

       Sec. __.  Funds made available by this title to support 
     response efforts related to the Zika virus and related health 
     outcomes, other vector-borne diseases, or other infectious 
     diseases may be used to enter into contracts with individuals 
     for the provision of personal services (as described in 
     section 104 of part 37 of title 48, Code of Federal 
     Regulations (48 CFR 37.104)), within the United States and 
     abroad, subject to prior consultation with, and the 
     notification procedures of, the Committees on Appropriations: 
      Provided, That such individuals may not be deemed employees 
     of the United States for the purpose of any law administered 
     by the Office of Personnel Management.

                             effective date

       Sec. __.  This title shall become effective immediately 
     upon enactment of this Act.
                                 ______
                                 
  SA 3956. Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Brown, Mr. 
Murphy, Mrs. Murray, Mr. Reed, Ms. Warren, Mr. Carper, Mr. Franken, and 
Ms. Baldwin) submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. __. (a) From amounts appropriated or otherwise made 
     available under this title for the administration of 
     educational assistance programs under the laws administered 
     by the Secretary of Veterans Affairs, the Secretary of 
     Veterans Affairs shall ensure that any online consumer tool 
     offered or supported by the Department of Veterans Affairs 
     that provides information to veterans regarding specific 
     postsecondary educational institutions, such as the GI Bill 
     Comparison Tool or any successor or similar program, includes 
     for each such institution an accounting of pending 
     investigations and civil or criminal actions against the 
     institution by Federal agencies and State attorneys general, 
     to the extent such information is publicly available.
       (b) In gathering publicly available information on 
     investigations and civil or criminal actions described in 
     subsection (a), the Secretary of Veterans Affairs shall--
       (1) consult the heads of other Federal agencies and, as 
     practicable, State attorneys general; and
       (2) review any reports required to be filed with the 
     Securities and Exchange Commission under section 13 or 
     section 15(d) of the Securities Exchange Act of 1934 (15 
     U.S.C. 78m and 78o(d)), including Form 10-Q and Form 10-K.
       (c) To ensure that the information required under 
     subsection (a) is presented in the most useful and effective 
     way possible for veterans, the Secretary of Veterans Affairs 
     shall consult with the Secretary of Education, the Bureau of 
     Consumer Financial Protection, and veteran and consumer 
     advocates.
                                 ______
                                 
  SA 3957. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 3900 proposed by Mr. McConnell (for Mr. Blunt (for 
himself, Mr. Graham, Mr. Cochran, Mrs. Murray, and Mr. Leahy)) to the 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:


           additional rescissions of unobligated ebola funds

       Sec. _.  (a) Of the unobligated balances made available 
     under the heading ``Public Health and Social Services 
     Emergency Fund (Including Transfer of Funds)'' in title VI of 
     the Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2015 
     (division G of Public Law 113-235) for the purpose of other 
     preparation and response, $250,000,000 shall be rescinded: 
     Provided, That such amount is designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       (b) Of the unobligated balances made available under the 
     heading ``CDC-Wide Activities and Program Support (Including 
     Transfer of Funds)'' in title VI of the Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 2015 (division G of Public Law 
     113-235) for supporting national public health institutes and 
     global health security, $384,000,000 shall be rescinded: 
     Provided, That such amount is designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       (c) Of the unobligated balances made available under the 
     heading ``Funds Appropriated to the President'' under the 
     heading ``Bilateral Economic Assistance'' in title IX of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2015 (division J of Public Law 113-235), 
     $466,000,000 shall be rescinded: Provided, That such amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 3958. Mr. LEE (for himself and Mr. Paul) submitted an amendment 
intended to be proposed to amendment SA 3900 proposed by Mr. McConnell 
(for Mr. Blunt (for himself, Mr. Graham, Mr. Cochran, Mrs. Murray, and 
Mr. Leahy)) to the amendment SA 3896 proposed by Ms. Collins (for 
herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill H.R. 2577, 
making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:
       Sec. __.  Amounts provided for in this title shall, prior 
     to appropriating any sums out of any money in the Treasury 
     not otherwise appropriated, be transferred from the 
     following:
       (1) $250,000,000 from the unobligated balances made 
     available under the heading ``Public Health and Social 
     Services Emergency Fund (Including Transfer of Funds)'' in 
     title VI of the Departments of Labor, Health and Human 
     Services, and Education, and Related Agencies Appropriations 
     Act, 2015 (division G of Public Law 113-235) for the purpose 
     of other preparation and response.
       (2) $384,000,000 from the unobligated balances made 
     available under the heading ``CDC-Wide Activities and Program 
     Support (Including Transfer of Funds)'' in title VI of the 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2015 
     (division G of Public Law 113-235) for supporting national 
     public health institutes and global health security.
       (3) $466,000,000 from the unobligated balances made 
     available under the heading ``Funds Appropriated to the 
     President'' under the heading ``Bilateral Economic 
     Assistance'' in title IX of the Department of

[[Page 6139]]

     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2015 (division J of Public Law 113-235).
                                 ______
                                 
  SA 3959. Mrs. SHAHEEN (for herself, Mr. King, Ms. Baldwin, Mr. 
Manchin, and Ms. Ayotte) submitted an amendment intended to be proposed 
to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, 
Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place in division A, insert the 
     following:

     SEC. __. DEPARTMENT OF JUSTICE.

       (a) State and Local Law Enforcement Assistance.--In 
     addition to any amounts otherwise made available, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for fiscal year 2017, $240,000,000, to remain 
     available until expended, to the Department of Justice for 
     State law enforcement initiatives (which shall include a 30 
     percent pass-through to localities) under the Edward Byrne 
     Memorial Justice Assistance Grant program, as authorized by 
     subpart 1 of part E of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) (except 
     that section 1001(c) of such Act (42 U.S.C. 3793(c)) shall 
     not apply for purposes of this Act), to be used, 
     notwithstanding such subpart 1, for a comprehensive program 
     to combat the heroin and opioid crisis, and for associated 
     criminal justice activities, including approved treatment 
     alternatives to incarceration:  Provided, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)).
       (b) Community Oriented Policing Services Programs.--In 
     addition to any other amount for ``Community Oriented 
     Policing Services Programs'' for competitive grants to State 
     law enforcement agencies in States with high rates of primary 
     treatment admissions for heroin or other opioids, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for fiscal year 2017, $10,000,000, to remain 
     available until expended:  Provided, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)).

     SEC. __. DEPARTMENT OF HEALTH AND HUMAN SERVICES.

       (a) Substance Abuse and Mental Health Services 
     Administration.--In addition to any amounts otherwise made 
     available for ``Substance Abuse Treatment'', there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for fiscal year 2017, $300,000,000, to remain 
     available until expended:  Provided, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)):  Provided further, That of the amount 
     provided--
       (1) $285,000,000 is for the Substance Abuse Prevention and 
     Treatment block grant program under subpart II of part B of 
     title XIX of the Public Health Service Act;
       (2) $10,000,000 is for the Medication Assisted Treatment 
     for Prescription Drug and Opioid Addiction program of the 
     Programs of Regional and National Significance within the 
     Center for Substance Abuse Treatment; and
       (3) $5,000,000 is for the Recovery Community Services 
     program of the Programs of Regional and National Significance 
     within the Center for Substance Abuse Treatment.
       (b) Centers for Disease Control and Prevention.--In 
     addition to any amounts otherwise made available, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for fiscal year 2017, $50,000,000, to remain 
     available until expended, to the Centers for Disease Control 
     and Prevention of the Department of Health and Human 
     Services, for prescription drug monitoring programs, 
     community health system interventions, and rapid response 
     projects:  Provided, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
                                 ______
                                 
  SA 3960. Mr. PETERS (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 3900 proposed by Mr. 
McConnell (for Mr. Blunt (for himself, Mr. Graham, Mr. Cochran, Mrs. 
Murray, and Mr. Leahy)) to the amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 4, line 24, strike ``$88,000,000'' and insert 
     ``$50,000,000 shall be transferred to the head of the 
     Department of Health and Human Services to carry out programs 
     that serve pregnant women, infants, toddlers, and 
     preschoolers, and help families care for their children 
     through early, comprehensive health services, in communities 
     affected by water polluted by lead or a toxic pollutant as 
     the result of an event for which the President has declared 
     an emergency, and $38,000,000''.
                                 ______
                                 
  SA 3961. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, 
Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. ___. (a) Subchapter I of chapter 471, as amended by 
     this subtitle, is further amended by adding at the end the 
     following:

     ``Sec. 47144. Use of funds for repairs for runway safety 
       repairs

       ``(a) In General.--The Secretary of Transportation may make 
     project grants under this subchapter to an airport described 
     in subsection (b) from funds under section 47114 apportioned 
     to that airport or funds available for discretionary grants 
     to that airport under section 47115 to conduct airport 
     development to repair the runway safety area of the airport 
     damaged as a result of a natural disaster in order to 
     maintain compliance with the regulations of the Federal 
     Aviation Administration relating to runway safety areas, 
     without regard to whether construction of the runway safety 
     area damaged was carried out using amounts the airport 
     received under this subchapter.
       ``(b) Airports Described.--An airport is described in this 
     subsection if--
       ``(1) the airport is a public-use airport;
       ``(2) the airport is listed in the National Plan of 
     Integrated Airport Systems of the Federal Aviation 
     Administration;
       ``(3) the runway safety area of the airport was damaged as 
     a result of a natural disaster;
       ``(4) the airport was denied funding under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 4121 et seq.) with respect to the disaster;
       ``(5) the operator of the airport has exhausted all legal 
     remedies, including legal action against any parties (or 
     insurers thereof) whose action or inaction may have 
     contributed to the need for the repair of the runway safety 
     area;
       ``(6) there is still a demonstrated need for the runway 
     safety area to accommodate current or imminent aeronautical 
     demand; and
       ``(7) the cost of repairing or replacing the runway safety 
     area is reasonable in relation to the anticipated operational 
     benefit of repairing the runway safety area, as determined by 
     the Administrator of the Federal Aviation Administration.''.
       (b) The analysis for chapter 471, as amended by this 
     subtitle, is further amended by inserting after the item 
     relating to section 47143 the following:

``47144. Use of funds for repairs for runway safety repairs.''.
                                 ______
                                 
  SA 3962. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       After section 191 of title I of division A, add the 
     following:
       Sec. 1___. Section 127 of title 23, United States Code, is 
     amended by adding at the end the following:
       ``(u) Vehicles in North Dakota.--A vehicle limited or 
     prohibited under this section from operating on a segment of 
     the Interstate System in the State of North Dakota may 
     operate on such a segment if such vehicle--
       ``(1) has a gross vehicle weight of 129,000 pounds or less;
       ``(2) other than gross vehicle weight, complies with the 
     single axle, tandem axle, and bridge formula limits set forth 
     in subsection (a); and
       ``(3) is authorized to operate on such segment under North 
     Dakota State law.''.
                                 ______
                                 
  SA 3963. Mr. GARDNER submitted an amendment intended to be proposed 
to

[[Page 6140]]

amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. __. (a) None of the funds appropriated or otherwise 
     made available by this Act may be obligated or expended to 
     permit United States airspace to be used for a flight 
     operated to transfer an individual detained at Guantanamo to 
     a State, territory, or possession of the United States.
       (b) In this section, the term ``individual detained at 
     Guantanamo'' means any individual who--
       (1) is in detention, on or after January 20, 2009, at 
     United States Naval Station, Guantanamo Bay, Cuba;
       (2) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (3) is--
       (A) in the custody or under the control of the Department 
     of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
                                 ______
                                 
  SA 3964. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, 
Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 101, strike line 5 and all that follows 
     through page 104, line 2, and insert the following:
       (1) $650,000,000 shall be available for the Indian Housing 
     Block Grant program, as authorized under title I of NAHASDA:  
     Provided, That, notwithstanding NAHASDA, to determine the 
     amount of the allocation under title I of such Act for each 
     Indian tribe, the Secretary shall apply the formula under 
     section 302 of such Act with the need component based on 
     single-race census data and with the need component based on 
     multi-race census data, and the amount of the allocation for 
     each Indian tribe shall be the greater of the two resulting 
     allocation amounts:  Provided further, That notwithstanding 
     section 302(d) of NAHASDA, if on January 1, 2017, a 
     recipient's total amount of undisbursed block grant funds in 
     the Department's line of credit control system is greater 
     than three times the formula allocation it would otherwise 
     receive under the first proviso under this paragraph, the 
     Secretary shall adjust that recipient's formula allocation 
     down by the difference between its total amount of 
     undisbursed block grant funds in the Department's line of 
     credit control system on January 1, 2017, and three times the 
     formula allocation it would otherwise receive:  Provided 
     further, That notwithstanding the previous two provisos, no 
     Indian tribe shall receive an allocation amount greater than 
     10 percent of the total amount made available under this 
     paragraph:  Provided further, That grant amounts not 
     allocated to a recipient pursuant to the previous two 
     provisos shall be allocated under the need component of the 
     formula proportionately among all other Indian tribes not 
     subject to an adjustment under such provisos:  Provided 
     further, That the second and third provisos shall not apply 
     to any Indian tribe that would otherwise receive a formula 
     allocation of less than $8,000,000:  Provided further, That 
     to take effect, the four previous provisos do not require 
     issuance or amendment of any regulation, and shall not be 
     construed to confer hearing rights under any section of 
     NAHASDA or its implementing regulations:  Provided further, 
     That the Department will notify grantees of their formula 
     allocation within 60 days of the date of enactment of this 
     Act;
       (2) $2,000,000 shall be made available for the cost of 
     guaranteed notes and other obligations, as authorized by 
     title VI of NAHASDA:  Provided, That such costs, including 
     the costs of modifying such notes and other obligations, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974, as amended:  Provided further, That these 
     funds are available to subsidize the total principal amount 
     of any notes and other obligations, any part of which is to 
     be guaranteed, not to exceed $17,857,142 to remain available 
     until September 30, 2021;
       (3) $60,000,000 shall be for grants to Indian tribes for 
     carrying out the Community Development Block Grant program as 
     authorized under title I of the Housing and Community 
     Development Act of 1974, notwithstanding section 106(a)(1) of 
     such Act, of which, up to $4,000,000 may be used for 
     emergencies that constitute imminent threats to health and 
     safety notwithstanding any other provision of law (including 
     section 204 of this title):  Provided, That not to exceed 20 
     percent of any grant made with funds appropriated under this 
     paragraph shall be expended for planning and management 
     development and administration; and
       (4) $2,000,000 shall be to support the inspection of Indian 
     housing units, contract expertise, training, and technical 
     assistance needs in Indian country related to funding 
     provided under this heading.
                                 ______
                                 
  SA 3965. Mr. INHOFE (for himself and Mr. Lankford) submitted an 
amendment intended to be proposed to amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251.  From the amount made available in this title 
     under the heading ``Medical Support and Compliance'', not 
     less than $18,000,000 shall be made available to Directors of 
     Veterans Integrated Service Networks to contract with 
     appropriate non-Department of Veterans Affairs entities to 
     assess, evaluate, and improve the health care delivery by and 
     business operations of medical centers of the Department 
     under the jurisdiction of each such Director.
                                 ______
                                 
  SA 3966. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251.  For each veteran seeking assistance from the 
     Department of Veterans Affairs to purchase a home, for 
     purposes of the veteran receiving a timely appraisal on a 
     home, the Secretary of Veterans Affairs shall disclose to the 
     veteran that the veteran may pay the entity conducting the 
     appraisal an amount in excess of the amount provided on the 
     Appraisal Fee Schedule issued by the Department.
                                 ______
                                 
  SA 3967. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 41, strike lines 12 through 25 and insert the 
     following:
       ``(89) United States Route 67 from Interstate 40 in North 
     Little Rock, Arkansas, to United States Route 412.
       ``(90) The Edward T. Breathitt Parkway from Interstate 24 
     to Interstate 69.''.
       (b) Inclusion of Certain Route Segments on Interstate 
     System.--Section 1105(e)(5)(A) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 is amended in the first 
     sentence by striking ``and subsection (c)(83)'' and inserting 
     ``subsection (c)(83), subsection (c)(89), and subsection 
     (c)(90)''.
       (c) Designation.--Section 1105(e)(5)(C)(i) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 is 
     amended by adding at the end the following: ``The route 
     referred to in subsection (c)(89) is designated as Interstate 
     Route I-57. The route referred to in subsection (c)(90) is 
     designated as Interstate Route I-169.''.
                                 ______
                                 
  SA 3968. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended to 
     regulate, either directly or indirectly and including by 
     requiring an environmental impact statement or similar 
     analysis required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), the acquisition, use,

[[Page 6141]]

     transfer, or disposal of property at an airport for airfield 
     or non-airfield development activities if--
        (a) the property was not financed with Federal funding; 
     and
       (b) the acquisition, use, transfer, or disposal of the 
     property does not impair the safety, utility, or efficiency 
     of aircraft operations at the airport.
                                 ______
                                 
  SA 3969. Mr. INHOFE (for himself and Mr. Lankford) submitted an 
amendment intended to be proposed to amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251.  From the amount made available in this title 
     under the heading ``Medical Support and Compliance'', up to 
     $18,000,000 shall be made available to Directors of Veterans 
     Integrated Service Networks to contract with appropriate non-
     Department of Veterans Affairs entities to assess, evaluate, 
     and improve the health care delivery by and business 
     operations of medical centers of the Department under the 
     jurisdiction of each such Director.
                                 ______
                                 
  SA 3970. Ms. COLLINS (for herself and Mr. Reed) submitted an 
amendment intended to be proposed to amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. __. None of the funds made available by this Act may 
     be used by the Department of Housing and Urban Development to 
     direct a grantee to undertake specific changes to existing 
     zoning laws as part of carrying out the final rule entitled 
     ``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272 
     (July 16, 2015)) or the notice entitled ``Affirmatively 
     Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949 
     (September 26, 2014)).
                                 ______
                                 
  SA 3971. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; as follows:

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

     SEC. 251. MONTHLY ASSISTANCE ALLOWANCE FOR DISABLED VETERANS 
                   COMPETING ON OLYMPIC TEAMS.

       Section 322(d)(1) of title 38, United States Code, is 
     amended--
       (1) by striking ``allowance to a veteran'' and inserting 
     the following: ``allowance to--
       ``(A) a veteran'';
       (2) in subparagraph (A), as designated by paragraph (1), by 
     striking the period at the end and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) a veteran with a service-connected disability rated 
     as 30 percent or greater by the Department who is selected by 
     the United States Olympic Committee for the United States 
     Olympic Team for any month in which the veteran is competing 
     in any event sanctioned by the National Governing Bodies of 
     the United States Olympic Sports.''.
                                 ______
                                 
  SA 3972. Mr. DURBIN (for himself and Ms. Warren) submitted an 
amendment intended to be proposed to amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

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

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

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

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

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

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

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

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

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

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

       ``(D) Report to congress.--Not later than July 1, 2016, and 
     by July 1 of each succeeding year, the Secretary shall submit 
     to the authorizing committees a report that contains, for 
     each proprietary institution of higher education that 
     receives assistance under title IV and as provided in the 
     audited financial statements submitted to the Secretary by 
     each institution pursuant to the requirements of section 
     487(c)--

[[Page 6142]]

       ``(i) the amount and percentage of such institution's 
     revenues received from Federal funds; and
       ``(ii) the amount and percentage of such institution's 
     revenues received from other sources.''.
       (b) Section 487 of the Higher Education Act of 1965 (20 
     U.S.C. 1094) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (24);
       (B) by redesignating paragraphs (25) through (29) as 
     paragraphs (24) through (28), respectively;
       (C) in paragraph (24)(A)(ii) (as redesignated by 
     subparagraph (B)), by striking ``subsection (e)'' and 
     inserting ``subsection (d)''; and
       (D) in paragraph (26) (as redesignated by subparagraph 
     (B)), by striking ``subsection (h)'' and inserting 
     ``subsection (g)'';
       (2) by striking subsection (d);
       (3) by redesignating subsections (e) through (j) as 
     subsections (d) through (i), respectively;
       (4) in subsection (f)(1) (as redesignated by paragraph 
     (3)), by striking ``subsection (e)(2)'' and inserting 
     ``subsection (d)(2)''; and
       (5) in subsection (g)(1) (as redesignated by paragraph 
     (3)), by striking ``subsection (a)(27)'' in the matter 
     preceding subparagraph (A) and inserting ``subsection 
     (a)(26)''.
       (c) The Higher Education Act of 1965 (20 U.S.C. 1001 et 
     seq.) is amended--
       (1) in section 152 (20 U.S.C. 1019a)--
       (A) in subsection (a)(1)(A), by striking ``subsections 
     (a)(27) and (h) of section 487'' and inserting ``subsections 
     (a)(26) and (g) of section 487''; and
       (B) in subsection (b)(1)(B)(i)(I), by striking ``section 
     487(e)'' and inserting ``section 487(d)'';
       (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), by 
     striking ``section 487(a)(25)'' each place the term appears 
     and inserting ``section 487(a)(24)'';
       (3) in section 496(c)(3)(A) (20 U.S.C. 1099b(c)(3)(A)), by 
     striking ``section 487(f)'' and inserting ``section 487(e)''; 
     and
       (4) in section 498(k)(1) (20 U.S.C. 1099c(k)(1)), by 
     striking ``section 487(f)'' and inserting ``section 487(e)''.
                                 ______
                                 
  SA 3973. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251.  During fiscal year 2017, the Secretary of 
     Veterans Affairs may not pay any bonus to an individual in a 
     Senior Executive position (as defined in section 3132(a) of 
     title 5, United States Code) in the Department of Veterans 
     Affairs who is employed within Veterans Integrated Service 
     Network 16.
                                 ______
                                 
  SA 3974. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:
       Sec. __. (a) Definitions.--In this section--
       (1) the term ``families'' has the meaning given that term 
     in section 3(b)(3) of the United States Housing Act of 1937 
     (42 U.S.C. 1437a(b)(3));
       (2) the term ``low-income families'' has the meaning given 
     that term in section 3(b)(2) of the United States Housing Act 
     of 1937 (42 U.S.C. 1437a(b)(2));
       (3) the term ``Secretary'' means the Secretary of Housing 
     and Urban Development; and
       (4) the term ``very low-income families'' has the meaning 
     given that term in section 3(b)(2) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).
       (b) Purposes.--The purposes of this section are--
       (1) to give public housing agencies and the Secretary the 
     flexibility to design and implement various approaches for 
     providing and administering housing assistance that achieves 
     greater cost effectiveness in using Federal housing 
     assistance to address local housing needs for low-income 
     families;
       (2) to reduce administrative burdens on public housing 
     agencies providing such assistance;
       (3) to give incentives to assisted families to work and 
     become economically self-sufficient;
       (4) to increase housing choices for low-income families; 
     and
       (5) to enhance the ability of low-income elderly residents 
     and persons with disabilities to live independently.
       (c) Moving to Work Charter Program Authority.--
       (1) Contract authority.--
       (A) In general.--Subject to the phase-in requirements under 
     subparagraph (B), the Secretary shall enter into charter 
     contracts, beginning in fiscal year 2017, with not more than 
     250 public housing agencies administering the public housing 
     program or assistance provided under section 8 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f).
       (B) Phase-in.--The phase-in requirements under this 
     subparagraph are as follows:
       (i) By the end of fiscal year 2017, the Secretary shall 
     have entered into charter contracts with not less than 80 
     public housing agencies described in subparagraph (A).
       (ii) By the end of fiscal year 2018, the Secretary shall 
     have entered into charter contracts with not less than 160 
     public housing agencies described in subparagraph (A).
       (iii) By the end of fiscal year 2019, the Secretary shall 
     have entered into charter contracts with not less than 250 
     public housing agencies described in subparagraph (A).
       (2) Charter contracts.--A charter contract shall--
       (A) supersede and have a term commensurate with any annual 
     contributions contract between a public housing agency and 
     the Secretary; and
       (B) provide that a participating public housing agency 
     shall receive--
       (i) capital and operating assistance allocated to such 
     agency under section 9 of the United States Housing Act of 
     1937 (42 U.S.C. 1437g); and
       (ii) assistance provided under section 8 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f).
       (3) Use of assistance.--Any assistance provided under 
     paragraph (2)(B)--
       (A) may be combined; and
       (B) shall be used to provide locally designed housing 
     assistance for low-income families, including--
       (i) services to facilitate the transition to work and self-
     sufficiency; and
       (ii) any other activity which a public housing agency is 
     authorized to undertake pursuant to State or local law.
       (d) Terms and Conditions of Assistance.--
       (1) Applicability of united states housing act of 1937.--
     Except as provided in this subsection, the United States 
     Housing Act of 1937 (42 U.S.C. 1437 et seq.) shall not be 
     applicable to any public housing agency participating in the 
     Moving to Work Charter program established under this 
     section.
       (2) Applicable 1937 act provisions.--The following 
     provisions of the United States Housing Act of 1937 (42 
     U.S.C. 1437 et seq.) are applicable to any public housing 
     agency participating in the Moving to Work Charter program 
     established under this section:
       (A) Subsections (a) and (b) of section 12 (42 U.S.C. 1437j 
     (a) and (b)) shall apply to housing assisted under a charter 
     contract, other than housing assisted solely due to occupancy 
     by families receiving tenant based rental assistance.
       (B) Section 18 (42 U.S.C. 1437p) shall continue to apply to 
     public housing developed under such Act notwithstanding any 
     use of the housing under a charter contract.
       (3) Charter contract terms.--A charter contract shall 
     provide that a public housing agency--
       (A) may--
       (i) combine assistance received under sections 8 and 9 of 
     the United States Housing Act of 1937 (42 U.S.C. 1437f and 
     1437g), as described in subsection (c)(3); and
       (ii) use such assistance to provide housing assistance and 
     related services for activities authorized by this section, 
     including those activities authorized by sections 8 and 9 of 
     such Act;
       (B) certify that in preparing its application for 
     participation in the Moving to Work Charter program 
     established under this section, such agency has--
       (i) provided for citizen participation through a public 
     hearing and, if appropriate, other means; and
       (ii) taken into account comments from the public hearing 
     and any other public comments on the proposed activities 
     under this section, including comments from current and 
     prospective residents who would be affected by such contract;
       (C) shall ensure that not less than 75 percent of the 
     families assisted under a charter contract shall be, at the 
     time of such families' entry into the Moving to Work Charter 
     program, very low-income families;
       (D) shall establish a reasonable rent policy, which shall--
       (i) be designed to encourage employment, self-sufficiency, 
     and homeownership by participating families, consistent with 
     the purposes of this section;
       (ii) include transition and hardship provisions;
       (iii) be included in the annual plan of such agency; and
       (iv) be subject to the opportunities for public 
     participation described in subsection (f)(1)(C)(iv);
       (E) shall continue to assist not less than substantially 
     the same total number of low-income families as would have 
     been served had such agency not entered into such contract;

[[Page 6143]]

       (F) shall maintain a comparable mix of families (by family 
     size) as would have been provided had the agency not entered 
     into such contract;
       (G) shall ensure that housing assisted under such contract 
     meets housing quality standards established or approved by 
     the Secretary;
       (H) shall receive training and technical assistance, upon 
     request by such agency, to assist with the design and 
     implementation of the activities described under this 
     section;
       (I) shall receive an amount of assistance under sections 8 
     and 9 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f and 1437g) that is not diminished by the participation 
     of such agency in the Moving to Work Charter program 
     established under this section;
       (J) shall be subject to the procurement procedures 
     described in such contract;
       (K) shall ensure that each family receiving housing 
     assistance--
       (i) is engaged in work activities that would count toward 
     satisfying the monthly work participation rates applicable to 
     the State in which such public housing agency is located for 
     purposes of the State temporary assistance to needy families 
     program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.) if the family were 
     receiving assistance or benefits under that program; or
       (ii) would qualify under that program to an exception to 
     engaging in such work activities; and
       (L) shall provide housing assistance to families assisted 
     under a charter contract for not more than 5 years.
       (e) Selection.--In selecting among public housing agency 
     applications to participate in the Moving to Work Charter 
     program established under this section, the Secretary shall 
     consider--
       (1) the potential of each agency to plan and carry out 
     activities under such program;
       (2) the relative performance by an agency under section 
     6(j) of the United States Housing Act of 1937 (42 U.S.C. 
     1437d(j));
       (3) the need for a diversity of participants in terms of 
     size, location, and type of agency; and
       (4) any other appropriate factor as determined by the 
     Secretary.
       (f) Charter Report.--
       (1) Contents.--
       (A) In general.--Notwithstanding any other provision of 
     law, and in place of all other planning and reporting 
     requirements otherwise required, each public housing agency 
     that is a party to a charter contract shall submit to the 
     Secretary, on an annual basis, a single charter report, in a 
     form and at a time specified by the Secretary.
       (B) Sole means of reporting.--A charter report submitted 
     under subparagraph (A) shall be the sole means by which a 
     public housing agency shall be required to provide 
     information to the Secretary on the activities assisted under 
     this section during a fiscal year, unless the Secretary has 
     reason to believe that such agency has violated the charter 
     contract between the Secretary and such agency.
       (C) Requirements.--Each charter report required under 
     subparagraph (A) shall--
       (i) document the use by a public housing agency of any 
     assistance provided under a charter contract, including 
     appropriate financial statements;
       (ii) describe and analyze the effect of assisted activities 
     in addressing the objectives of this section;
       (iii) include a certification by such agency that such 
     agency has prepared an annual plan which--

       (I) states the goals and objectives of that agency under 
     the charter contract for the past fiscal year;
       (II) describes the proposed use of assistance by that 
     agency for activities under the charter contract for the past 
     fiscal year;
       (III) explains how the proposed activities of that agency 
     will meet the goals and objectives of that agency;
       (IV) includes appropriate budget and financial statements 
     of that agency; and
       (V) was prepared in accordance with a public process as 
     described in clause (iv);

       (iv) describe and document how a public housing agency has 
     provided residents assisted under a charter contract and the 
     wider community with opportunities to participate in the 
     development of and comment on the annual plan, which shall 
     include not less than 1 public hearing; and
       (v) include such other information as may be required by 
     the Secretary pursuant to subsection (g)(2).
       (2) Review.--Any charter report submitted pursuant to 
     paragraph (1) shall be deemed approved unless the Secretary, 
     not later than 45 days after the date of submission of such 
     report, issues a written disapproval because--
       (A) the Secretary reasonably determines, based on 
     information contained in the report, that a public housing 
     agency is not in compliance with the provisions of this 
     section or other applicable law; or
       (B) such report is inconsistent with other reliable 
     information available to the Secretary.
       (g) Records and Audits.--
       (1) Keeping of records.--Each public housing agency shall 
     keep such records as the Secretary may prescribe as 
     reasonably necessary--
       (A) to disclose the amounts and the disposition of amounts 
     under the Moving to Work Charter program established under 
     this section;
       (B) to ensure compliance with the requirements of this 
     section; and
       (C) to measure performance.
       (2) Access to documents by the secretary.--
       (A) In general.--The Secretary shall have access for the 
     purpose of audit and examination to any books, documents, 
     papers, and records that are pertinent to assistance in 
     connection with, and the requirements of, this section.
       (B) Limitation.--Access by the Secretary described under 
     subparagraph (A) shall be limited to information obtained 
     solely through the annual charter report submitted by a 
     public housing agency under subsection (f), unless the 
     Secretary has reason to believe that such agency is not in 
     compliance with the charter contract between the Secretary 
     and such agency.
       (3) Access to documents by the comptroller general.--The 
     Comptroller General of the United States, or any duly 
     authorized representative of the Comptroller General, shall 
     have access for the purpose of audit and examination to any 
     books, documents, papers, and records that are pertinent to 
     assistance in connection with, and the requirements of the 
     Moving to Work Charter program established under this 
     section.
       (h) Procurement Preemption.--
       (1) In general.--Any State or local law which imposes 
     procedures or standards for procurement which conflict with 
     or are more burdensome than applicable Federal procurement 
     requirements shall not apply to any public housing agency 
     under the Moving to Work Charter program established under 
     this section.
       (2) Reduction of administrative burdens.--The Secretary may 
     approve procurement procedures for public housing agencies 
     participating in the Moving to Work Charter program 
     established under this section that reduce administrative 
     burdens of procurement requirements imposed by Federal law.
       (i) Subsequent Laws Preempted.--A public housing agency 
     participating in the Moving to Work Charter program 
     established under this section shall not be subject to any 
     provision of law which conflicts with the provisions of this 
     section and which is enacted subsequent to the date of 
     execution of such agency's charter contract or Moving to Work 
     program agreement, as described in subsection (j), unless 
     such law expressly provides for such law's application to 
     public housing agencies subject to this section.
       (j) Existing Agreements.--Notwithstanding anything in this 
     section or any other provision of law, any public housing 
     agency which has an existing Moving to Work program agreement 
     with the Secretary pursuant to section 204 of the Departments 
     of Veterans Affairs and Housing and Urban Development, and 
     Independent Agencies Appropriations Act, 1996 (Public Law 
     104-134; 110 Stat. 1321-281) and which is not in default 
     thereof, may, at the option of such agency--
       (1) continue to operate under the terms and conditions of 
     such agreement notwithstanding any limitation on the terms 
     contained in such contract; or
       (2) at any time, enter into a charter contract with the 
     Secretary on terms and conditions which are not less 
     favorable to the agency than such existing agreement.
       (k) Public Housing Agency Evaluation.--
       (1) In general.--Not later than the end of fiscal year 
     2017, the Secretary shall appoint a Federal advisory 
     committee consisting of public housing agencies with charter 
     contracts, public housing industry organizations, resident 
     organizations, other public housing and section 8 voucher 
     stakeholders, and experts on accreditation systems in similar 
     fields, to assess and develop a demonstration program to test 
     standards, criteria, and practices for a national public 
     housing agency accreditation system or other evaluation 
     system.
       (2) Report.--Not later than the end of fiscal year 2019, 
     the committee established under paragraph (1) and the 
     Secretary shall provide a report and recommendations to 
     Congress with respect to the establishment of a national 
     public housing agency accreditation system.
                                 ______
                                 
  SA 3975. Mr. FLAKE (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed by him to the bill H.R. 2577, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. __.  None of the funds made available under this 
     division may be used by the Federal Government to interfere 
     with State and local inspections of public housing dwelling 
     units.
                                 ______
                                 
  SA 3976. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill H.R. 2577, making appropriations for the Departments of 
Transportation, and Housing and

[[Page 6144]]

Urban Development, and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. __. (a) In this section, the term ``covered agency'' 
     means--
       (1) the Department of Housing and Urban Development;
       (2) the Department of Transportation;
       (3) the Federal Maritime Commission;
       (4) the National Railroad Passenger Corporation;
       (5) the National Transportation Safety Board;
       (6) the Neighborhood Reinvestment Corporation; and
       (7) the United States Interagency Council on Homelessness.
       (b) Not later than 1 year after the date of enactment of 
     this Act, and every year thereafter, the Director of the 
     Office of Management and Budget shall submit to Congress and 
     post on the website of the Office of Management and Budget a 
     report on projects funded by a covered agency--
       (1) that are more than 5 years behind schedule; or
       (2) for which the amount spent on the project is not less 
     than $1,000,000,000 more than the original cost estimate for 
     the project.
       (c) Each report submitted and posted under subsection (b) 
     shall include, for each project included in the report--
       (1) a brief description of the project, including--
       (A) the purpose of the project;
       (B) each location in which the project is carried out;
       (C) the year in which the project was initiated; and
       (D) each primary contractor and grant recipient for the 
     project;
       (2) the original expected date for completion of the 
     project;
       (3) the current expected date for completion of the 
     project;
       (4) the original cost estimate for the project;
       (5) the current cost estimate for the project;
       (6) an explanation for a delay in completion or increase in 
     the original cost estimate for the project; and
       (7) recommendations to reduce the cost for the project that 
     may require legislative action.
                                 ______
                                 
  SA 3977. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of division B, add the following:
       Sec. 410. (a) None of the funds made available in this Act 
     may be used to award a construction contract on behalf of the 
     Federal Government--
       (1) in any solicitation, bid specification, project 
     agreement, or other controlling document to require or 
     prohibit a bidder, offeror, contractor, or subcontractor to 
     enter into or adhere to an agreement with a labor 
     organization; or
       (2) to discriminate against or give preference to such a 
     bidder, offeror, contractor, or subcontractor based on their 
     entering into or refusing to enter into an agreement with a 
     labor organization.
       (b) Subsection (a) does not apply to any construction 
     contract awarded before the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 3978. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251.  Notwithstanding any other provision of this Act, 
     the Secretary of Veterans Affairs may not provide any 
     allowance in connection with a permanent change of station to 
     an individual in a Senior Executive Service position (as 
     defined in section 3132(a) of title 5, United States Code) at 
     the Department of Veterans Affairs.
                                 ______
                                 
  SA 3979. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251.  Not later than September 30, 2017, the Secretary 
     of Veterans Affairs shall--
       (1) submit to the Committee on Appropriations and the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Appropriations and the Committee on Veterans' 
     Affairs of the House of Representatives an itemized 
     accounting of the use of Federal award GU1103 in the amount 
     of $3,265,487 that was awarded in 2013 to renovate a 
     veteran's cemetery in Guam under the Veterans Cemetery Grants 
     Program of the Department of Veterans Affairs; and
       (2) publish such itemized accounting on a publicly 
     available Internet website of the Department.
                                 ______
                                 
  SA 3980. Mr. FLAKE (for himself and Mr. McCain) submitted an 
amendment intended to be proposed to amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251.  Not later than September 30, 2017, the Secretary 
     of Veterans Affairs shall submit to Congress a plan on 
     modernizing the system of the Veterans Health Administration 
     for processing claims by non-Department of Veterans Affairs 
     health care providers for reimbursement for health care 
     provided to veterans under the laws administered by the 
     Secretary.
                                 ______
                                 
  SA 3981. Mr. FLAKE (for himself, Mr. Toomey, Mr. Coats, and Mr. Paul) 
submitted an amendment intended to be proposed to amendment SA 3896 
proposed by Ms. Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. 
Tester) to the bill H.R. 2577, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2016, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. __.  None of the funds made available in this division 
     may be used to provide housing assistance under section 3 or 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437a and 1437f) to any family whose income for the most 
     recent 2 consecutive years has exceeded 120 percent of the 
     median income for the area in which the family resides.
                                 ______
                                 
  SA 3982. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title II of division A, insert 
     the following:
       Sec. __.  Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to Congress a report on the community development block grant 
     program under title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.) that 
     describes--
       (1) how the Secretary could devise a system of consolidated 
     reporting of expenditures and accomplishments by grant 
     recipients under the program in an easily analyzable format, 
     which would include--
       (A) a cost-benefit analysis of each project that a grant 
     recipient has funded using amounts provided under the 
     program, including--
       (i) the number of people the project was expected to help;
       (ii) the number of people the project actually helped; and
       (iii) the number of houses rehabilitated or removed due to 
     blight;
       (B) a description of how each grant recipient validated the 
     self-reported information described in subparagraph (A); and
       (C) a description of how to tie the outcome data described 
     in clauses (ii) and (iii) of subparagraph (A) to census tract 
     or block group data to enable independent researchers to 
     validate the outcomes; and
       (2) measures that the Secretary could adopt to identify 
     viable urban communities

[[Page 6145]]

     that can serve as models for other communities trying to 
     rehabilitate certain neighborhoods, which measures shall be 
     tied to census tract or block group data, such as 
     communities--
       (A) in which not more than 10 percent of households have an 
     income at or below the poverty level;
       (B) in which the median wage is not less than 90 percent of 
     the median wage for the metropolitan statistical area;
       (C) in which the unemployment rate is not more than 8 
     percent; or
       (D) that meet 2 of the 3 criteria under subparagraphs (A) 
     through (C).
                                 ______
                                 
  SA 3983. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title I of division A, insert 
     the following:
       Sec. __.  None of the funds made available under this title 
     may be used for the VelociRFTA bus rapid transit project in 
     Roaring Fork Valley, Colorado.
                                 ______
                                 
  SA 3984. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 64, line 21, strike ``$5,000,000'' and insert 
     ``$3,000,000''.
                                 ______
                                 
  SA 3985. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 152, line 13, insert ``The Secretary may refuse to 
     withdraw the Notice of Default upon receipt of a petition 
     from the Governor of the State in which the deficient 
     property is located.'' after ``Default.''.
                                 ______
                                 
  SA 3986. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 85, line 10, insert ``Provided further, That the 
     Secretary may provide replacement vouchers for units operated 
     by management or ownership that has been declared in default 
     of a Housing Assistance Payments contract due to physical 
     deficiencies:'' after ``funds:''.
                                 ______
                                 
  SA 3987. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 2806, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2017, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:


          certain service deemed to be active military service

       Sec. 251.  (a) In General.--For purposes of section 
     401(a)(1)(A) of the GI Bill Improvement Act of 1977 (38 
     U.S.C. 106 note), the Secretary of Defense is deemed to have 
     determined that qualified service of an individual 
     constituted active military service.
       (b) Determination of Discharge Status.--The Secretary of 
     Defense shall issue an honorable discharge under section 
     401(a)(1)(B) of the GI Bill Improvement Act of 1977 to each 
     person whose qualified service warrants an honorable 
     discharge. Such discharge shall be issued before the end of 
     the one-year period beginning on the date of the enactment of 
     this Act.
       (c) Prohibition of Retroactive Benefits.--No benefits may 
     be paid to any individual as a result of the enactment of 
     this Act for any period before the date of the enactment of 
     this Act.
       (d) Qualified Service Defined.--In this section, the term 
     ``qualified service'' means service of an individual as a 
     member of the organization known as the United States Cadet 
     Nurse Corps during the period beginning on July 1, 1943, and 
     ending on December 15, 1945.
                                 ______
                                 
  SA 3988. Mr. MENENDEZ (for himself, Mr. Sanders, and Mr. Brown) 
submitted an amendment intended to be proposed to amendment SA 3896 
proposed by Ms. Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. 
Tester) to the bill H.R. 2577, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2016, and for 
other purposes; which was ordered to lie on the table; as follows:

       In division A, strike section 230.
                                 ______
                                 
  SA 3989. Mr. MENENDEZ (for himself, Mr. Brown, Mr. Booker, Ms. 
Baldwin, and Mr. Franken) submitted an amendment intended to be 
proposed to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. 
Kirk, Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in division B, insert the 
     following:

     SEC. __. MILITARY FAMILIES CREDIT REPORTING ACT.

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

[[Page 6146]]

       ``(2) Negative information notification.--If a consumer 
     reporting agency receives an item of adverse information 
     about a consumer who has provided appropriate proof that the 
     consumer is an active duty military consumer, the consumer 
     reporting agency shall promptly notify the consumer, 
     according to a frequency, manner, and timeliness determined 
     by the Bureau or specified by the consumer--
       ``(A) that the consumer reporting agency has received the 
     item of adverse information, along with a description of the 
     item; and
       ``(B) the method by which the consumer may dispute the 
     validity of the item.
       ``(3) Contact information for active duty military 
     consumers.--
       ``(A) In general.--If a consumer who has provided 
     appropriate proof to a consumer reporting agency that the 
     consumer is an active duty military consumer provides the 
     consumer reporting agency with contact information for the 
     purpose of communicating with the consumer while the consumer 
     is an active duty military consumer, the consumer reporting 
     agency shall use that contact information for all 
     communications while the consumer is an active duty military 
     consumer.
       ``(B) Direct request.--Unless the consumer directs 
     otherwise, the provision of contact information by the 
     consumer under subparagraph (A) shall be deemed to be a 
     request for the consumer to receive an active duty alert 
     under paragraph (1).
       ``(4) Sense of congress.--It is the sense of Congress that 
     any person making use of a consumer report that contains an 
     item of adverse information should, if the action or inaction 
     that gave rise to the item occurred while the consumer was an 
     active duty military consumer, take such fact into account 
     when evaluating the creditworthiness of the consumer.''; and
       (B) in subsection (e), by striking paragraph (3) and 
     inserting the following:
       ``(3) subparagraphs (A) and (B) of subsection (c)(1), in 
     the case of a referral under subsection (c)(1)(C).''; and
       (3) in section 611(a)(1) (15 U.S.C. 1681i(a)(1)), by adding 
     at the end the following:
       ``(D) Notice of dispute related to active duty military 
     consumers.--With respect to an item of information described 
     under subparagraph (A) that is under dispute, if the consumer 
     to whom the item relates has notified the consumer reporting 
     agency, and has provided appropriate proof, that the consumer 
     was an active duty military consumer at the time the action 
     or inaction that gave rise to the disputed item occurred, the 
     consumer reporting agency shall--
       ``(i) include that fact in the file of the consumer; and
       ``(ii) indicate that fact in each consumer report that 
     includes the disputed item.''.
                                 ______
                                 
  SA 3990. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

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


    prohibition on recovery of overpayment of compensation paid to 
         incarcerated individuals except in the case of fraud, 
                    misrepresentation, or bad faith

       Sec. 251. Section 5313 of title 38, United States Code, is 
     amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) The Secretary may not recover from a person the 
     amount of any compensation that should have been reduced 
     under this section after the date that is 180 days after the 
     date on which such amount should have been reduced under this 
     section unless the Secretary determines that the person 
     committed fraud, misrepresentation, or bad faith that 
     resulted in such amount not being reduced.''.
                                 ______
                                 
  SA 3991. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, 
Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 251. PUBLICATION OF INFORMATION ON PROVISION OF HEALTH 
                   CARE BY DEPARTMENT OF VETERANS AFFAIRS.

       (a) Publication of Information.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of Veterans Affairs shall publish on an Internet 
     database of the Department of Veterans Affairs available to 
     the public information on the provision of health care by the 
     Department.
       (2) Elements.--
       (A) In general.--Each publication required by paragraph (1) 
     shall include, with respect to each medical facility of the 
     Department during the 180-day period preceding such 
     publication, the following:
       (i) The average length of stay for inpatient care.
       (ii) A description of any hospital-acquired condition 
     acquired by a patient.
       (iii) The rate of readmission of patients within 30 days of 
     release.
       (iv) The rate at which opioids are prescribed to each 
     patient.
       (v) The average wait time for emergency room treatment.
       (vi) A description of any scheduling backlog with respect 
     to patient appointments.
       (vii) The average number of patients seen per month by each 
     primary care physician.
       (B) Additional elements.--The Secretary may include in each 
     publication required by paragraph (1) such additional 
     information on the safety of medical facilities of the 
     Department, health outcomes at such facilities, and quality 
     of care at such facilities as the Secretary considers 
     appropriate.
       (3) Searchability.--The Secretary shall ensure that the 
     Internet database required by paragraph (1) is searchable by 
     State, city, and facility.
       (4) Personal information.--The Secretary shall ensure that 
     personal information connected to information published under 
     paragraph (1) is protected from disclosure as required by 
     applicable law.
       (b) Comptroller General Report.--Not later than 180 days 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress a 
     report setting forth recommendations for additional elements 
     to be included with the information published under 
     subsection (a) to improve the evaluation and assessment of 
     the safety and health of individuals receiving health care 
     under the laws administered by the Secretary and the quality 
     of health care received by such individuals.
                                 ______
                                 
  SA 3992. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, 
Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. __. (a) None of the funds made available in this Act 
     may be used to deny an Inspector General funded under this 
     Act timely access to any records, documents, or other 
     materials available to the department or agency over which 
     that Inspector General has responsibilities under the 
     Inspector General Act of 1978 (5 U.S.C. App.), or to prevent 
     or impede that Inspector General's access to such records, 
     documents, or other materials, under any provision of law, 
     except a provision of law that expressly refers to the 
     Inspector General and expressly limits the Inspector 
     General's right of access.
       (b) A department or agency covered by this section shall 
     provide its Inspector General with access to all such 
     records, documents, and other materials in a timely manner.
       (c) Each Inspector General shall ensure compliance with 
     statutory limitations on disclosure relevant to the 
     information provided by the establishment over which that 
     Inspector General has responsibilities under the Inspector 
     General Act of 1978 (5 U.S.C. App.).
       (d) Each Inspector General covered by this section shall 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate within 5 calendar days any 
     failures to comply with this requirement.
                                 ______
                                 
  SA 3993. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, 
Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place in division B, insert the 
     following:
       Sec. __. (a) None of the funds made available in this Act 
     may be used to deny an Inspector General funded under this 
     Act timely access to any records, documents, or other 
     materials available to the department or agency over which 
     that Inspector General has responsibilities under the 
     Inspector General Act of 1978 (5 U.S.C. App.), or to prevent

[[Page 6147]]

     or impede that Inspector General's access to such records, 
     documents, or other materials, under any provision of law, 
     except a provision of law that expressly refers to the 
     Inspector General and expressly limits the Inspector 
     General's right of access.
       (b) A department or agency covered by this section shall 
     provide its Inspector General with access to all such 
     records, documents, and other materials in a timely manner.
       (c) Each Inspector General shall ensure compliance with 
     statutory limitations on disclosure relevant to the 
     information provided by the establishment over which that 
     Inspector General has responsibilities under the Inspector 
     General Act of 1978 (5 U.S.C. App.).
       (d) Each Inspector General covered by this section shall 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate within 5 calendar days any 
     failures to comply with this requirement.
                                 ______
                                 
  SA 3994. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, 
Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place in division B, insert the 
     following:

                  TITLE __--WHISTLEBLOWER PROTECTIONS

     SEC. __01. SHORT TITLE.

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

                    Subtitle A--Employees Generally

     SEC. __11. DEFINITIONS.

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

     SEC. __12. STAYS; PROBATIONARY EMPLOYEES.

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

     SEC. __13. ADEQUATE ACCESS OF SPECIAL COUNSEL TO INFORMATION.

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

     SEC. __14. PROHIBITED PERSONNEL PRACTICES.

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

     SEC. __15. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION 
                   AGAINST WHISTLEBLOWERS.

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

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

       ``(a) Definitions.--In this section--
       ``(1) the term `agency' has the meaning given that term 
     under section 2302;
       ``(2) the term `prohibited personnel action' means taking 
     or failing to take an action in violation of paragraph (8), 
     (9), or (14) of section 2302(b) against an employee of an 
     agency; and
       ``(3) the term `supervisor' means a supervisor, as defined 
     under section 7103(a), who is employed by an agency, as 
     defined under paragraph (1) of this subsection.
       ``(b) Proposed Adverse Actions.--
       ``(1) In general.--In accordance with paragraph (2), the 
     head of an agency shall propose against a supervisor whom the 
     head of that agency, an administrative law judge, the Merit 
     Systems Protection Board, the Office of Special Counsel, an 
     adjudicating body provided under a union contract, a Federal 
     judge, or the Inspector General of the agency determines 
     committed a prohibited personnel action the following adverse 
     actions:
       ``(A) With respect to the first prohibited personnel 
     action, an adverse action that is not less than a 12-day 
     suspension.
       ``(B) With respect to the second prohibited personnel 
     action, removal.
       ``(2) Procedures.--
       ``(A) Notice.--A supervisor against whom an adverse action 
     under paragraph (1) is proposed is entitled to written 
     notice.
       ``(B) Answer and evidence.--
       ``(i) In general.--A supervisor who is notified under 
     subparagraph (A) that the supervisor is the subject of a 
     proposed adverse action under paragraph (1) is entitled to 14 
     days following such notification to answer and furnish 
     evidence in support of the answer.
       ``(ii) No evidence.--After the end of the 14-day period 
     described in clause (i), if a supervisor does not furnish 
     evidence as described in clause (i) or if the head of the 
     agency determines that such evidence is not sufficient to 
     reverse the proposed adverse action, the head of the agency 
     shall carry out the adverse action.
       ``(C) Scope of procedures.--Paragraphs (1) and (2) of 
     subsection (b) of section 7513, subsection (c) of such 
     section, paragraphs (1) and (2) of subsection (b) of section 
     7543, and subsection (c) of such section shall not apply with 
     respect to an adverse action carried out under this 
     subsection.
       ``(c) Limitation on Other Adverse Actions.--With respect to 
     a prohibited personnel action, if the head of the agency 
     carries out an adverse action against a supervisor under 
     another provision of law, the head of the agency may carry 
     out an additional adverse action under this section based on 
     the same prohibited personnel action.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for subchapter II of chapter 75 of title 5, United 
     States Code, is amended by adding at the end the following:

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

     SEC. __16. SUICIDE BY EMPLOYEES.

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

     SEC. __17. TRAINING FOR SUPERVISORS.

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

     SEC. __18. INFORMATION ON WHISTLEBLOWER PROTECTIONS.

       (a) Existing Provision.--
       (1) In general.--Section 2302 of title 5, United States 
     Code, is amended--
       (A) by striking subsection (c); and

[[Page 6148]]

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

     ``Sec. 2307. Information on whistleblower protections

       ``(a) Definitions.--In this section--
       ``(1) the term `agency' has the meaning given that term in 
     section 2302;
       ``(2) the term `new employee' means an individual--
       ``(A) appointed to a position as an employee of an agency 
     on or after the date of enactment of the Dr. Chris 
     Kirkpatrick Whistleblower Protection Act of 2016; and
       ``(B) who has not previously served as an employee; and
       ``(3) the term `whistleblower protections' means the 
     protections against and remedies for a prohibited personnel 
     practice described in paragraph (8), subparagraph (A)(i), 
     (B), (C), or (D) of paragraph (9), or paragraph (14) of 
     section 2302(b).
       ``(b) Responsibilities of Head of Agency.--The head of each 
     agency shall be responsible for the prevention of prohibited 
     personnel practices, for the compliance with and enforcement 
     of applicable civil service laws, rules, and regulations, and 
     other aspects of personnel management, and for ensuring (in 
     consultation with the Special Counsel and the Inspector 
     General of the agency) that employees of the agency are 
     informed of the rights and remedies available to them under 
     this chapter and chapter 12, including--
       ``(1) information regarding whistleblower protections 
     available to new employees during the probationary period;
       ``(2) the role of the Office of Special Counsel and the 
     Merit Systems Protection Board with regard to whistleblower 
     protections; and
       ``(3) how to make a lawful disclosure of information that 
     is specifically required by law or Executive order to be kept 
     classified in the interest of national defense or the conduct 
     of foreign affairs to the Special Counsel, the Inspector 
     General of an agency, Congress, or other agency employee 
     designated to receive such disclosures.
       ``(c) Timing.--The head of each agency shall ensure that 
     the information required to be provided under subsection (b) 
     is provided to each new employee of the agency not later than 
     6 months after the date the new employee is appointed.
       ``(d) Information Online.--The head of each agency shall 
     make available information regarding whistleblower 
     protections applicable to employees of the agency on the 
     public website of the agency, and on any online portal that 
     is made available only to employees of the agency if one 
     exists.
       ``(e) Delegees.--Any employee to whom the head of an agency 
     delegates authority for personnel management, or for any 
     aspect thereof, shall, within the limits of the scope of the 
     delegation, be responsible for the activities described in 
     subsection (b).''.
       (c) Technical and Conforming Amendment.--The table of 
     sections for chapter 23 of title 5, United States Code, is 
     amended by adding at the end the following:

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

          Subtitle B--Department of Veterans Affairs Employees

     SEC. __21. PREVENTION OF UNAUTHORIZED ACCESS TO MEDICAL 
                   RECORDS OF EMPLOYEES OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

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

     SEC. __22. OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES 
                   AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

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

     SEC. __23. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF 
                   THE DEPARTMENT OF VETERANS AFFAIRS.

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

     SEC. __24. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON 
                   ACCOUNTABILITY OF CHIEFS OF POLICE OF 
                   DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS.

       The Comptroller General of the United States shall conduct 
     a study to assess the reporting, staffing, accountability, 
     and chain of command structure of the Department of Veterans 
     Affairs police officers at medical centers of the Department.
                                 ______
                                 
  SA 3995. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, 
Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title II of division B, add the following:
       Sec. 251. (a) Report on Opioid Abuse and Treatment.--Not 
     later than 180 days after the date of the enactment of this 
     Act, and not less frequently than annually thereafter, the 
     Secretary of Veterans Affairs shall publish on a publicly 
     available Internet website of the Department of Veterans 
     Affairs a report that includes the following information:
       (1) A comprehensive list of all facilities of the 
     Department offering an opioid abuse treatment program, 
     including details on the types of services available at each 
     facility.
       (2) The number of veterans treated by a health care 
     provider of the Department for opioid abuse during the year 
     preceding the publication of the report.
       (3) Of the veterans described in paragraph (2), the number 
     treated for opioid abuse in conjunction with posttraumatic 
     stress disorder, depression, or anxiety.
       (4) With respect to veterans receiving treatment for opioid 
     abuse--
       (A) the average period of time veterans reported abusing 
     opioids before beginning such treatment during the year 
     preceding the publication of the report; and
       (B) the main reasons reported to the Department by veterans 
     as to how they came to receive such treatment, including 
     self-referral or recommendation by a physician or family 
     member.
       (b) Protection of Information.--No information published 
     under subsection (a) shall include any information that 
     personally identifies a veteran.
                                 ______
                                 
  SA 3996. Mr. VITTER submitted an amendment intended to be proposed to

[[Page 6149]]

amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title II in Division A, add the following:
       Sec. __. (a) Definitions.--In this section--
       (1) the term ``families'' has the meaning given that term 
     in section 3(b)(3) of the United States Housing Act of 1937 
     (42 U.S.C. 1437a(b)(3));
       (2) the term ``low-income families'' has the meaning given 
     that term in section 3(b)(2) of the United States Housing Act 
     of 1937 (42 U.S.C. 1437a(b)(2));
       (3) the term ``Secretary'' means the Secretary of Housing 
     and Urban Development; and
       (4) the term ``very low-income families'' has the meaning 
     given that term in section 3(b)(2) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437a(b)(2)).
       (b) Purposes.--The purposes of this section are--
       (1) to give public housing agencies and the Secretary the 
     flexibility to design and implement various approaches for 
     providing and administering housing assistance that achieves 
     greater cost effectiveness in using Federal housing 
     assistance to address local housing needs for low-income 
     families;
       (2) to reduce administrative burdens on public housing 
     agencies providing such assistance;
       (3) to give incentives to assisted families to work and 
     become economically self-sufficient;
       (4) to increase housing choices for low-income families; 
     and
       (5) to enhance the ability of low-income elderly residents 
     and persons with disabilities to live independently.
       (c) Moving to Work Charter Program Authority.--
       (1) Contract authority.--
       (A) In general.--Subject to the phase-in requirements under 
     subparagraph (B), the Secretary shall enter into charter 
     contracts, beginning in fiscal year 2017, with not more than 
     250 public housing agencies administering the public housing 
     program or assistance provided under section 8 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f).
       (B) Phase-in.--The phase-in requirements under this 
     subparagraph are as follows:
       (i) By the end of fiscal year 2017, the Secretary shall 
     have entered into charter contracts with not less than 80 
     public housing agencies described in subparagraph (A).
       (ii) By the end of fiscal year 2018, the Secretary shall 
     have entered into charter contracts with not less than 160 
     public housing agencies described in subparagraph (A).
       (iii) By the end of fiscal year 2019, the Secretary shall 
     have entered into charter contracts with not less than 250 
     public housing agencies described in subparagraph (A).
       (2) Charter contracts.--A charter contract shall--
       (A) supersede and have a term commensurate with any annual 
     contributions contract between a public housing agency and 
     the Secretary; and
       (B) provide that a participating public housing agency 
     shall receive--
       (i) capital and operating assistance allocated to such 
     agency under section 9 of the United States Housing Act of 
     1937 (42 U.S.C. 1437g); and
       (ii) assistance provided under section 8 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f).
       (3) Use of assistance.--Any assistance provided under 
     paragraph (2)(B)--
       (A) may be combined; and
       (B) shall be used to provide locally designed housing 
     assistance for low-income families, including--
       (i) services to facilitate the transition to work and self-
     sufficiency; and
       (ii) any other activity which a public housing agency is 
     authorized to undertake pursuant to State or local law.
       (d) Terms and Conditions of Assistance.--
       (1) Applicability of united states housing act of 1937.--
     Except as provided in this subsection, the United States 
     Housing Act of 1937 (42 U.S.C. 1437 et seq.) shall not be 
     applicable to any public housing agency participating in the 
     Moving to Work Charter program established under this 
     section.
       (2) Applicable 1937 act provisions.--The following 
     provisions of the United States Housing Act of 1937 (42 
     U.S.C. 1437 et seq.) are applicable to any public housing 
     agency participating in the Moving to Work Charter program 
     established under this section:
       (A) Subsections (a) and (b) of section 12 (42 U.S.C. 1437j 
     (a) and (b)) shall apply to housing assisted under a charter 
     contract, other than housing assisted solely due to occupancy 
     by families receiving tenant based rental assistance.
       (B) Section 18 (42 U.S.C. 1437p) shall continue to apply to 
     public housing developed under such Act notwithstanding any 
     use of the housing under a charter contract.
       (3) Charter contract terms.--A charter contract shall 
     provide that a public housing agency--
       (A) may--
       (i) combine assistance received under sections 8 and 9 of 
     the United States Housing Act of 1937 (42 U.S.C. 1437f and 
     1437g), as described in subsection (c)(3); and
       (ii) use such assistance to provide housing assistance and 
     related services for activities authorized by this section, 
     including those activities authorized by sections 8 and 9 of 
     such Act;
       (B) certify that in preparing its application for 
     participation in the Moving to Work Charter program 
     established under this section, such agency has--
       (i) provided for citizen participation through a public 
     hearing and, if appropriate, other means; and
       (ii) taken into account comments from the public hearing 
     and any other public comments on the proposed activities 
     under this section, including comments from current and 
     prospective residents who would be affected by such contract;
       (C) shall ensure that not less than 75 percent of the 
     families assisted under a charter contract shall be, at the 
     time of such families' entry into the Moving to Work Charter 
     program, very low-income families;
       (D) shall establish a reasonable rent policy, which shall--
       (i) be designed to encourage employment, self-sufficiency, 
     and homeownership by participating families, consistent with 
     the purposes of this section;
       (ii) include transition and hardship provisions;
       (iii) be included in the annual plan of such agency; and
       (iv) be subject to the opportunities for public 
     participation described in subsection (f)(1)(C)(iv);
       (E) shall continue to assist not less than substantially 
     the same total number of low-income families as would have 
     been served had such agency not entered into such contract;
       (F) shall maintain a comparable mix of families (by family 
     size) as would have been provided had the agency not entered 
     into such contract;
       (G) shall ensure that housing assisted under such contract 
     meets housing quality standards established or approved by 
     the Secretary;
       (H) shall receive training and technical assistance, upon 
     request by such agency, to assist with the design and 
     implementation of the activities described under this 
     section;
       (I) shall receive an amount of assistance under sections 8 
     and 9 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f and 1437g) that is not diminished by the participation 
     of such agency in the Moving to Work Charter program 
     established under this section;
       (J) shall be subject to the procurement procedures 
     described in such contract;
       (K) shall ensure that each family receiving housing 
     assistance--
       (i) is engaged in work activities that would count toward 
     satisfying the monthly work participation rates applicable to 
     the State in which such public housing agency is located for 
     purposes of the State temporary assistance to needy families 
     program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.) if the family were 
     receiving assistance or benefits under that program; or
       (ii) would qualify under that program to an exception to 
     engaging in such work activities; and
       (L) shall provide housing assistance to families assisted 
     under a charter contract for not more than 5 years.
       (e) Selection.--In selecting among public housing agency 
     applications to participate in the Moving to Work Charter 
     program established under this section, the Secretary shall 
     consider--
       (1) the potential of each agency to plan and carry out 
     activities under such program;
       (2) the relative performance by an agency under section 
     6(j) of the United States Housing Act of 1937 (42 U.S.C. 
     1437d(j));
       (3) the need for a diversity of participants in terms of 
     size, location, and type of agency; and
       (4) any other appropriate factor as determined by the 
     Secretary.
       (f) Charter Report.--
       (1) Contents.--
       (A) In general.--Notwithstanding any other provision of 
     law, and in place of all other planning and reporting 
     requirements otherwise required, each public housing agency 
     that is a party to a charter contract shall submit to the 
     Secretary, on an annual basis, a single charter report, in a 
     form and at a time specified by the Secretary.
       (B) Sole means of reporting.--A charter report submitted 
     under subparagraph (A) shall be the sole means by which a 
     public housing agency shall be required to provide 
     information to the Secretary on the activities assisted under 
     this section during a fiscal year, unless the Secretary has 
     reason to believe that such agency has violated the charter 
     contract between the Secretary and such agency.
       (C) Requirements.--Each charter report required under 
     subparagraph (A) shall--
       (i) document the use by a public housing agency of any 
     assistance provided under a

[[Page 6150]]

     charter contract, including appropriate financial statements;
       (ii) describe and analyze the effect of assisted activities 
     in addressing the objectives of this section;
       (iii) include a certification by such agency that such 
     agency has prepared an annual plan which--

       (I) states the goals and objectives of that agency under 
     the charter contract for the past fiscal year;
       (II) describes the proposed use of assistance by that 
     agency for activities under the charter contract for the past 
     fiscal year;
       (III) explains how the proposed activities of that agency 
     will meet the goals and objectives of that agency;
       (IV) includes appropriate budget and financial statements 
     of that agency; and
       (V) was prepared in accordance with a public process as 
     described in clause (iv);

       (iv) describe and document how a public housing agency has 
     provided residents assisted under a charter contract and the 
     wider community with opportunities to participate in the 
     development of and comment on the annual plan, which shall 
     include not less than 1 public hearing; and
       (v) include such other information as may be required by 
     the Secretary pursuant to subsection (g)(2).
       (2) Review.--Any charter report submitted pursuant to 
     paragraph (1) shall be deemed approved unless the Secretary, 
     not later than 45 days after the date of submission of such 
     report, issues a written disapproval because--
       (A) the Secretary reasonably determines, based on 
     information contained in the report, that a public housing 
     agency is not in compliance with the provisions of this 
     section or other applicable law; or
       (B) such report is inconsistent with other reliable 
     information available to the Secretary.
       (g) Records and Audits.--
       (1) Keeping of records.--Each public housing agency shall 
     keep such records as the Secretary may prescribe as 
     reasonably necessary--
       (A) to disclose the amounts and the disposition of amounts 
     under the Moving to Work Charter program established under 
     this section;
       (B) to ensure compliance with the requirements of this 
     section; and
       (C) to measure performance.
       (2) Access to documents by the secretary.--
       (A) In general.--The Secretary shall have access for the 
     purpose of audit and examination to any books, documents, 
     papers, and records that are pertinent to assistance in 
     connection with, and the requirements of, this section.
       (B) Limitation.--Access by the Secretary described under 
     subparagraph (A) shall be limited to information obtained 
     solely through the annual charter report submitted by a 
     public housing agency under subsection (f), unless the 
     Secretary has reason to believe that such agency is not in 
     compliance with the charter contract between the Secretary 
     and such agency.
       (3) Access to documents by the comptroller general.--The 
     Comptroller General of the United States, or any duly 
     authorized representative of the Comptroller General, shall 
     have access for the purpose of audit and examination to any 
     books, documents, papers, and records that are pertinent to 
     assistance in connection with, and the requirements of the 
     Moving to Work Charter program established under this 
     section.
       (h) Procurement Preemption.--
       (1) In general.--Any State or local law which imposes 
     procedures or standards for procurement which conflict with 
     or are more burdensome than applicable Federal procurement 
     requirements shall not apply to any public housing agency 
     under the Moving to Work Charter program established under 
     this section.
       (2) Reduction of administrative burdens.--The Secretary may 
     approve procurement procedures for public housing agencies 
     participating in the Moving to Work Charter program 
     established under this section that reduce administrative 
     burdens of procurement requirements imposed by Federal law.
       (i) Subsequent Laws Preempted.--A public housing agency 
     participating in the Moving to Work Charter program 
     established under this section shall not be subject to any 
     provision of law which conflicts with the provisions of this 
     section and which is enacted subsequent to the date of 
     execution of such agency's charter contract or Moving to Work 
     program agreement, as described in subsection (j), unless 
     such law expressly provides for such law's application to 
     public housing agencies subject to this section.
       (j) Existing Agreements.--Notwithstanding anything in this 
     section or any other provision of law, any public housing 
     agency which has an existing Moving to Work program agreement 
     with the Secretary pursuant to section 204 of the Departments 
     of Veterans Affairs and Housing and Urban Development, and 
     Independent Agencies Appropriations Act, 1996 (Public Law 
     104-134; 110 Stat. 1321-281) and which is not in default 
     thereof, may, at the option of such agency--
       (1) continue to operate under the terms and conditions of 
     such agreement notwithstanding any limitation on the terms 
     contained in such contract; or
       (2) at any time, enter into a charter contract with the 
     Secretary on terms and conditions which are not less 
     favorable to the agency than such existing agreement.
       (k) Public Housing Agency Evaluation.--
       (1) In general.--Not later than the end of fiscal year 
     2017, the Secretary shall appoint a Federal advisory 
     committee consisting of public housing agencies with charter 
     contracts, public housing industry organizations, resident 
     organizations, other public housing and section 8 voucher 
     stakeholders, and experts on accreditation systems in similar 
     fields, to assess and develop a demonstration program to test 
     standards, criteria, and practices for a national public 
     housing agency accreditation system or other evaluation 
     system.
       (2) Report.--Not later than the end of fiscal year 2019, 
     the committee established under paragraph (1) and the 
     Secretary shall provide a report and recommendations to 
     Congress with respect to the establishment of a national 
     public housing agency accreditation system.
                                 ______
                                 
  SA 3997. Mr. KIRK submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 251. INSPECTION OF KITCHENS AND FOOD SERVICE AREAS AT 
                   MEDICAL FACILITIES OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, the Secretary of Veterans Affairs shall 
     provide for the conduct of inspections of kitchens and food 
     service areas at each medical facility of the Department of 
     Veterans Affairs to ensure that the same standards for 
     kitchens and food service areas at hospitals in the private 
     sector are being met at kitchens and food service areas at 
     medical facilities of the Department.
       (b) Agreement.--
       (1) In general.--The Secretary shall seek to enter into an 
     agreement with the Joint Commission on Accreditation of 
     Hospital Organizations under which the Joint Commission on 
     Accreditation of Hospital Organizations conducts the 
     inspections required under subsection (a).
       (2) Alternate organization.--If the Secretary is unable to 
     enter into an agreement described in paragraph (1) with the 
     Joint Commission on Accreditation of Hospital Organizations 
     on terms acceptable to the Secretary, the Secretary shall 
     seek to enter into such an agreement with another appropriate 
     organization that--
       (A) is not part of the Federal Government;
       (B) operates as a not-for-profit entity; and
       (C) has expertise and objectivity comparable to that of the 
     Joint Commission on Accreditation of Hospital Organizations.
       (c) Remediation Plan.--
       (1) Initial failure.--If a kitchen or food service area of 
     a medical facility of the Department is determined pursuant 
     to an inspection conducted under subsection (a) not to meet 
     the standards for kitchens and food service areas in 
     hospitals in the private sector, that medical facility fails 
     the inspection and the Secretary shall--
       (A) implement a remediation plan for that medical facility 
     within 48 hours; and
       (B) Conduct a second inspection under subsection (a) at 
     that medical facility within 7 days of the failed inspection.
       (2) Second failure.--If a medical facility of the 
     Department fails the second inspection conducted under 
     paragraph (1)(B), the Secretary shall close the kitchen or 
     food service area at that medical facility that did not meet 
     the standards for kitchens and food service areas in 
     hospitals in the private sector until remediation is 
     completed and all kitchens and food service areas at that 
     medical facility meet such standards.
       (3) Provision of food.--If a kitchen or food service area 
     is closed at a medical facility of the Department pursuant to 
     paragraph (2), the Director of the Veterans Integrated 
     Service Network in which the medical facility is located 
     shall enter into a contract with a vendor approved by the 
     General Services Administration to provide food at the 
     medical facility.
       (d) Reports.--
       (1) Quarterly.--Not less frequently than quarterly, the 
     Director of each Veterans Integrated Service Network shall 
     submit to Congress a report on inspections conducted under 
     this section during that quarter at medical facilities of the 
     Department under the jurisdiction of that Director.
       (2) Subsequent period.--A Director of a Veterans Integrated 
     Service Network may submit to Congress the report described 
     in paragraph (1) not less frequently than semiannually if the 
     Director does not report any failed inspections for the one-
     year period preceding the submittal of the report.

[[Page 6151]]



     SEC. 252. INSPECTION OF MOLD ISSUES AT MEDICAL FACILITIES OF 
                   THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter, the Secretary of Veterans Affairs shall 
     provide for the inspection of mold issues at medical 
     facilities of the Department of Veterans Affairs.
       (b) Agreement.--
       (1) In general.--The Secretary shall seek to enter into an 
     agreement with the Joint Commission on Accreditation of 
     Hospital Organizations under which the Joint Commission on 
     Accreditation of Hospital Organizations conducts the 
     inspections required under subsection (a).
       (2) Alternate organization.--If the Secretary is unable to 
     enter into an agreement described in paragraph (1) with the 
     Joint Commission on Accreditation of Hospital Organizations 
     on terms acceptable to the Secretary, the Secretary shall 
     seek to enter into such an agreement with another appropriate 
     organization that--
       (A) is not part of the Federal Government;
       (B) operates as a not-for-profit entity; and
       (C) has expertise and objectivity comparable to that of the 
     Joint Commission on Accreditation of Hospital Organizations.
       (c) Remediation Plan.--If a medical facility of the 
     Department is determined pursuant to an inspection conducted 
     under subsection (a) to have a mold issue, the Secretary 
     shall--
       (1) implement a remediation plan for that medical facility 
     within 48 hours; and
       (2) Conduct a second inspection under subsection (a) at 
     that medical facility within 90 days of the initial 
     inspection.
       (d) Reports.--
       (1) Quarterly.--Not less frequently than quarterly, the 
     Director of each Veterans Integrated Service Network shall 
     submit to the Secretary of Veterans Affairs and Congress a 
     report on inspections conducted under this section during 
     that quarter at medical facilities of the Department under 
     the jurisdiction of that Director.
       (2) Subsequent period.--A Director of a Veterans Integrated 
     Service Network may submit to Congress the report described 
     in paragraph (1) not less frequently than semiannually if the 
     Director does not report any mold issues for the one-year 
     period preceding the submittal of the report.
                                 ______
                                 
  SA 3998. Mr. TESTER (for himself and Mr. Moran) submitted an 
amendment intended to be proposed to amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 251. COVERAGE UNDER DEPARTMENT OF VETERANS AFFAIRS 
                   BENEFICIARY TRAVEL PROGRAM OF TRAVEL IN 
                   CONNECTION WITH CERTAIN SPECIAL DISABILITIES 
                   REHABILITATION.

       (a) In General.--Section 111(b)(1) of title 38, United 
     States Code, is amended by adding at the end the following 
     new subparagraph:
       ``(G) A veteran with vision impairment, a veteran with a 
     spinal cord injury or disorder, or a veteran with double or 
     multiple amputations whose travel is in connection with care 
     provided through a special disabilities rehabilitation 
     program of the Department (including programs provided by 
     spinal cord injury centers, blind rehabilitation centers, and 
     prosthetics rehabilitation centers) if such care is 
     provided--
       ``(i) on an in-patient basis; or
       ``(ii) during a period in which the Secretary provides the 
     veteran with temporary lodging at a facility of the 
     Department to make such care more accessible to the 
     veteran.''.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the beneficiary travel program 
     under section 111 of title 38, United States Code, as amended 
     by subsection (a), that includes the following:
       (1) The cost of the program.
       (2) The number of veterans served by the program.
       (3) Such other matters as the Secretary considers 
     appropriate.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the first day of the first fiscal year 
     that begins after the date of the enactment of this Act.
                                 ______
                                 
  SA 3999. Mrs. ERNST submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 105, line 9, strike ``$5,000,000'' and insert 
     ``$500,000''.
                                 ______
                                 
  SA 4000. Mrs. ERNST submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 105, strike lines 5 through 10.
                                 ______
                                 
  SA 4001. Mrs. ERNST submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 27, line 9, strike ``In addition'' and all that 
     follows through the end of line 12.
                                 ______
                                 
  SA 4002. Mr. BLUMENTHAL (for himself, Mr. Markey, and Mr. Booker) 
submitted an amendment intended to be proposed to amendment SA 3896 
proposed by Ms. Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. 
Tester) to the bill H.R. 2577, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2016, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 44 of division A, strike line 3 and all 
     that follows through page 45, line 21, and insert the 
     following:
       Sec. 131. (a) Section 133 of the Transportation, Housing 
     and Urban Development, and Related Agencies Appropriations 
     Act, 2016 (division L of Public Law 114-113) is repealed.
       (b) Section 133 of the Transportation, Housing and Urban 
     Development, and Related Agencies Appropriations Act, 2015 
     (division K of Public Law 113-235) is amended by striking 
     subsections (a) and (b).
                                 ______
                                 
  SA 4003. Ms. COLLINS (for Mr. Sullivan (for himself, Mr. Schatz, and 
Mr. Markey)) proposed an amendment to the bill S. 1335, to implement 
the Convention on the Conservation and Management of the High Seas 
Fisheries Resources in the North Pacific Ocean, as adopted at Tokyo on 
February 24, 2012, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Ensuring 
     Access to Fisheries Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--NORTH PACIFIC FISHERIES

   Subtitle A--North Pacific Fisheries Convention Implementation Act

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. United States participation in the North Pacific Fisheries 
              Convention.
Sec. 104. Authority and responsibility of the Secretary of State.
Sec. 105. Authority of the Secretary of Commerce.
Sec. 106. Enforcement.
Sec. 107. Prohibited acts.
Sec. 108. Cooperation in carrying out Convention.
Sec. 109. Territorial participation.
Sec. 110. Exclusive economic zone notification.
Sec. 111. Authorization of appropriations.

                       Subtitle B--Miscellaneous

Sec. 121. Funding for travel expenses.
Sec. 122. National Sea Grant College Program Reauthorization Act of 
              1998.

    TITLE II--SOUTH PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Appointment of United States Commissioners.
Sec. 204. Authority and responsibility of the Secretary of State.
Sec. 205. Authority of the Secretary of Commerce.
Sec. 206. Enforcement.
Sec. 207. Prohibited acts.
Sec. 208. Cooperation in carrying out Convention.

[[Page 6152]]

Sec. 209. Territorial participation.
Sec. 210. Exclusive economic zone notification.
Sec. 211. Authorization of appropriations.

   TITLE III--NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT

Sec. 301. Short title; references to the Northwest Atlantic Fisheries 
              Convention Act of 1995.
Sec. 302. Representation of the United States under Convention.
Sec. 303. Requests for scientific advice.
Sec. 304. Authorities of Secretary of State with respect to Convention.
Sec. 305. Interagency cooperation.
Sec. 306. Prohibited acts and penalties.
Sec. 307. Consultative committee.
Sec. 308. Definitions.
Sec. 309. Authorization of appropriations.
Sec. 310. Quota allocation practice.

                    TITLE I--NORTH PACIFIC FISHERIES

   Subtitle A--North Pacific Fisheries Convention Implementation Act

     SEC. 101. SHORT TITLE.

       This subtitle may be cited as the ``North Pacific Fisheries 
     Convention Implementation Act''.

     SEC. 102. DEFINITIONS.

       In this subtitle:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the advisory committee established under section 103.
       (2) Commission.--The term ``Commission'' means the North 
     Pacific Fisheries Commission established pursuant to the 
     North Pacific Fisheries Convention.
       (3) Commissioner.--The term ``Commissioner'' means a United 
     States Commissioner appointed under section 103.
       (4) Convention area.--The term ``Convention Area''--
       (A) means the waters of the high seas areas of the North 
     Pacific Ocean; and
       (B) excludes--
       (i) the high seas areas of the Bering Sea and other high 
     seas areas that are surrounded by the exclusive economic zone 
     of a single nation, which are bounded to the south by a 
     continuous line beginning at the seaward limit of waters 
     under the jurisdiction of the United States around the 
     Commonwealth of the Northern Mariana Islands at 20 degrees 
     North latitude, then proceeding East and connecting the 
     coordinates: 2000'00"N, 18000'00"E/W; 1000'00"N 
     18000'00"E/W; 1000'00"N, 14000'00"W; 2000'00"N, 
     14000'00"W; and thence East to the seaward limit of waters 
     under the fisheries jurisdiction of Mexico; and
       (ii) the exclusive economic zone of the United States or of 
     any other country.
       (5) Council.--The term ``Council'' means the North Pacific 
     Fishery Management Council, the Pacific Fishery Management 
     Council, or the Western Pacific Fishery Management Council 
     established under section 302 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1852).
       (6) Exclusive economic zone.--The term ``exclusive economic 
     zone'' means--
       (A) with respect to the United States, the zone established 
     by Presidential Proclamation Numbered 5030 of March 10, 1983 
     (16 U.S.C. 1453 note), the inner boundary of which, for 
     purposes of this subtitle, is a line coterminous with the 
     seaward boundary of each of the coastal States; and
       (B) with respect to a foreign country, a designated zone 
     similar to the zone referred to in subparagraph (A) for that 
     country.
       (7) Fisheries resources.--
       (A) In general.--The term ``fisheries resources'' means all 
     fish, mollusks, crustaceans, and other marine species, 
     including any products thereof, caught by a fishing vessel 
     within the Convention Area.
       (B) Exclusions.--The term ``fisheries resources'' does not 
     include--
       (i) sedentary species insofar as they are subject to the 
     sovereign rights of coastal nations consistent with Article 
     77, paragraph 4 of the 1982 Convention and indicator species 
     of vulnerable marine ecosystems as listed in, or adopted 
     pursuant to, Article 13, paragraph 5 of the North Pacific 
     Fisheries Convention;
       (ii) catadromous species;
       (iii) marine mammals, marine reptiles, or seabirds; or
       (iv) other marine species already covered by pre-existing 
     international fisheries management instruments within the 
     area of competence of such instruments.
       (8) Fishing activities.--
       (A) In general.--The term ``fishing activities'' means--
       (i) the actual or attempted searching for, catching, 
     taking, or harvesting of fisheries resources;
       (ii) engaging in any activity that can reasonably be 
     expected to result in the locating, catching, taking, or 
     harvesting of fisheries resources for any purpose;
       (iii) the processing of fisheries resources at sea;
       (iv) the transhipment of fisheries resources at sea or in 
     port; or
       (v) any operation at sea in direct support of, or in 
     preparation for, any activity described in clauses (i) 
     through (iv), including transshipment.
       (B) Exclusions.--The term ``fishing activities'' does not 
     include any operation related to an emergency involving the 
     health or safety of a crew member or the safety of a fishing 
     vessel.
       (9) Fishing vessel.--The term ``fishing vessel'' means any 
     vessel used or intended for use for the purpose of engaging 
     in fishing activities, including a processing vessel, a 
     support ship, a carrier vessel, or any other vessel directly 
     engaged in such fishing activities.
       (10) High seas.--The term ``high seas'' does not include an 
     area that is within the exclusive economic zone of the United 
     States or of any other country.
       (11) North pacific fisheries convention.--The term ``North 
     Pacific Fisheries Convention'' means the Convention on the 
     Conservation and Management of the High Seas Fisheries 
     Resources in the North Pacific Ocean (including any annexes, 
     amendments, or protocols that are in force, or have come into 
     force) for the United States, which was adopted at Tokyo on 
     February 24, 2012.
       (12) Person.--The term ``person'' means--
       (A) any individual, whether or not a citizen or national of 
     the United States;
       (B) any corporation, partnership, association, or other 
     entity, whether or not organized or existing under the laws 
     of any State; or
       (C) any Federal, State, local, tribal, or foreign 
     government or any entity of such government.
       (13) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Commerce.
       (14) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of the Northern Mariana Islands, Guam, American 
     Samoa, and any other commonwealth, territory, or possession 
     of the United States.
       (15) Straddling stock.--The term ``straddling stock'' means 
     a stock of fisheries resources which migrates between, or 
     occurs in, the exclusive economic zone of 1 or more parties 
     to the Convention and the Convention Area.
       (16) Transshipment.--The term ``transshipment'' means the 
     unloading of any fisheries resources taken in the Convention 
     Area from 1 fishing vessel to another fishing vessel either 
     at sea or in port.
       (17) 1982 convention.--The term ``1982 Convention'' means 
     the United Nations Convention on the Law of the Sea of 10 
     December 1982.

     SEC. 103. UNITED STATES PARTICIPATION IN THE NORTH PACIFIC 
                   FISHERIES CONVENTION.

       (a) United States Commissioners.--
       (1) Number of commissioners.--The United States shall be 
     represented on the Commission by 5 United States 
     Commissioners.
       (2) Selection of commissioners.--The United States 
     Commissioners shall be as follows:
       (A) Appointment by the president.--
       (i) In general.--Two of the Commissioners shall be 
     appointed by the President and shall be an officer or 
     employee of--

       (I) the Department of Commerce;
       (II) the Department of State; or
       (III) the United States Coast Guard.

       (ii) Selection criteria.--In making each appointment under 
     clause (i), the President shall select a Commissioner from 
     among individuals who are knowledgeable or experienced 
     concerning fisheries resources in the North Pacific Ocean.
       (B) North pacific fishery management council.--One 
     Commissioner shall be the chairperson of the North Pacific 
     Fishery Management Council or a designee of such chairperson.
       (C) Pacific fishery management council.--One Commissioner 
     shall be the chairperson of the Pacific Fishery Management 
     Council or a designee of such chairperson.
       (D) Western pacific fishery management council.--One 
     Commissioner shall be the chairperson of the Western Pacific 
     Fishery Management Council or a designee of such chairperson.
       (3) Chairperson.--The President shall designate 1 of the 
     Commissioners appointed under paragraph (2) to serve as 
     chairperson of the United States Commissioners.
       (b) Alternate Commissioners.--In the event of a vacancy in 
     a Commissioner appointed under subsection (a), the Secretary 
     of State, in consultation with the Secretary, may designate 
     from time to time and for periods of time considered 
     appropriate an alternate Commissioner to the Commission. An 
     alternate Commissioner may exercise all powers and duties of 
     a Commissioner in the absence of a Commissioner appointed 
     under subsection (a), and shall serve the remainder of the 
     term of the absent Commissioner for which designated.
       (c) Administrative Matters.--
       (1) Employment status.--An individual serving as a 
     Commissioner, or an alternative Commissioner, other than an 
     officer or employee of the United States Government, shall 
     not be considered a Federal employee, except for the purposes 
     of injury compensation or tort claims liability as provided 
     in chapter 81 of title 5, United States Code, and chapter 171 
     of title 28, United States Code.
       (2) Compensation.--An individual serving as a Commissioner 
     or an alternate Commissioner, although an officer of the 
     United States while so serving, shall receive no compensation 
     for the individual's services as such Commissioner or 
     alternate Commissioner.

[[Page 6153]]

       (3) Travel expenses.--
       (A) In general.--The Secretary of State shall pay the 
     necessary travel expenses of a Commissioner or an alternate 
     Commissioner in accordance with the Federal Travel 
     Regulations and sections 5701, 5702, 5704 through 5708, and 
     5731 of title 5, United States Code.
       (B) Reimbursement.--The Secretary may reimburse the 
     Secretary of State for amounts expended by the Secretary of 
     State under this paragraph.
       (d) Advisory Committee.--
       (1) Establishment of permanent advisory committee.--
       (A) Membership.--There is established an advisory committee 
     which shall be composed of 11 members appointed by the 
     Secretary as follows:
       (i) A member engaging in commercial fishing activities in 
     the management area of the North Pacific Fishery Management 
     Council.
       (ii) A member engaging in commercial fishing activities in 
     the management area of the Pacific Fishery Management 
     Council.
       (iii) A member engaging in commercial fishing activities in 
     the management area of the Western Pacific Fishery Management 
     Council.
       (iv) 3 members from the indigenous population of the North 
     Pacific, including an Alaska Native, Native Hawaiian, or a 
     native-born inhabitant of any State of the United States in 
     the Pacific, and an individual from a Pacific Coast tribe.
       (v) A member that is a marine fisheries scientist that is a 
     resident of a State the adjacent exclusive economic zone for 
     which is bounded by the Convention Area.
       (vi) A member nominated by the Governor of the State of 
     Alaska.
       (vii) A member nominated by the Governor of the State of 
     Hawaii.
       (viii) A member nominated by the Governor of the State of 
     Washington.
       (ix) A member nominated by the Governor of the State of 
     California.
       (B) Terms and privileges.--Each member of the Advisory 
     Committee shall serve for a term of 2 years and shall be 
     eligible for reappointment for not more than 3 consecutive 
     terms. The Commissioners shall notify the Advisory Committee 
     in advance of each meeting of the Commissioners. The Advisory 
     Committee shall attend each meeting and shall examine and be 
     heard on all proposed programs, investigations, reports, 
     recommendations, and regulations of the Commissioners.
       (C) Procedures.--
       (i) In general.--The Advisory Committee shall determine its 
     organization and prescribe its practices and procedures for 
     carrying out its functions under this subtitle, the North 
     Pacific Fisheries Convention, and the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.).
       (ii) Public availability of procedures.--The Advisory 
     Committee shall publish and make available to the public a 
     statement of its organization, practices, and procedures.
       (iii) Quorum.--A majority of the members of the Advisory 
     Committee shall constitute a quorum to conduct business.
       (iv) Public meetings.--Meetings of the Advisory Committee, 
     except when in executive session, shall be open to the 
     public. Prior notice of each non-executive meeting shall be 
     made public in a timely fashion. The Advisory Committee shall 
     not be subject to the Federal Advisory Committee Act (5 
     U.S.C. App.).
       (D) Provision of information.--The Secretary and the 
     Secretary of State shall furnish the Advisory Committee with 
     relevant information concerning fisheries resources and 
     international fishery agreements.
       (2) Administrative matters.--
       (A) Support services.--The Secretary shall provide to the 
     Advisory Committee in a timely manner such administrative and 
     technical support services as are necessary to function 
     effectively.
       (B) Compensation; status.--An individual appointed to serve 
     as a member of the Advisory Committee--
       (i) shall serve without pay; and
       (ii) shall not be considered a Federal employee, except for 
     the purposes of injury compensation or tort claims liability 
     as provided in chapter 81 of title 5, United States Code, and 
     chapter 171 of title 28, United States Code.
       (C) Travel expenses.--
       (i) In general.--The Secretary of State shall pay the 
     necessary travel expenses of members of the Advisory 
     Committee in carrying out the duties of the Advisory 
     Committee in accordance with the Federal Travel Regulations 
     and sections 5701, 5702, 5704 through 5708, and 5731 of title 
     5, United States Code.
       (ii) Reimbursement.--The Secretary may reimburse the 
     Secretary of State for amounts expended by the Secretary of 
     State under this subparagraph.
       (e) United States Participation.--In instances in which the 
     United States is participating in any meeting of the parties 
     to the North Pacific Fisheries Convention, the United States 
     shall be represented by the Commissioners and the Advisory 
     Committee.

     SEC. 104. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF 
                   STATE.

       The Secretary of State may--
       (1) receive and transmit, on behalf of the United States, 
     reports, requests, recommendations, proposals, decisions, and 
     other communications of and to the Commission;
       (2) in consultation with the Secretary, act upon, or refer 
     to other appropriate authority, any communication under 
     paragraph (1);
       (3) with the concurrence of the Secretary, and in 
     accordance with the provisions of the Convention, object to 
     any decision of the Commission; and
       (4) in the conduct of any program, including scientific and 
     research programs, under this subtitle, request and utilize 
     on a reimbursed or non-reimbursed basis the assistance, 
     services, personnel, equipment, and facilities of other 
     Federal departments and agencies, foreign governments, 
     foreign agencies, or international intergovernmental 
     organizations.

     SEC. 105. AUTHORITY OF THE SECRETARY OF COMMERCE.

       (a) Promulgation of Regulations.--
       (1) Authority.--The Secretary, in consultation with the 
     Secretary of State and, with respect to enforcement measures, 
     the Secretary of the department in which the Coast Guard is 
     operating, is authorized to promulgate such regulations as 
     may be necessary to carry out the United States international 
     obligations under the North Pacific Fisheries Convention and 
     this subtitle, including recommendations and decisions 
     adopted by the Commission.
       (2) Regulations of straddling stocks.--In the 
     implementation of a measure adopted by the Commission that 
     would govern a straddling stock under the authority of a 
     Council, any regulation promulgated by the Secretary to 
     implement such measure within the exclusive economic zone of 
     the United States shall be approved by such Council.
       (b) Rule of Construction.--Regulations promulgated under 
     subsection (a) shall be applicable only to a person or a 
     fishing vessel that is or has engaged in fishing activities, 
     or fisheries resources covered by the North Pacific Fisheries 
     Convention under this subtitle.
       (c) Additional Authority.--The Secretary may conduct, and 
     may request and utilize on a reimbursed or non-reimbursed 
     basis the assistance, services, personnel, equipment, and 
     facilities of other Federal departments and agencies in--
       (1) scientific, research, and other programs under this 
     subtitle;
       (2) fishing operations and biological experiments for 
     purposes of scientific investigation or other purposes 
     necessary to implement the North Pacific Fisheries 
     Convention;
       (3) the collection, utilization, and disclosure of such 
     information as may be necessary to implement the North 
     Pacific Fisheries Convention, subject to sections 552 and 
     552a of title 5, United States Code, and section 402(b) of 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1881a(b));
       (4) if recommended by the Commissioners, the assessment and 
     collection of fees, not to exceed 3 percent of the ex-vessel 
     value of fisheries resource harvested by vessels of the 
     United States in fisheries conducted in the Convention Area, 
     to recover the actual costs to the United States of 
     management and enforcement under this subtitle, which shall 
     be deposited as an offsetting collection in, and credited to, 
     the account providing appropriations to carry out the 
     functions of the Secretary under this subtitle; and
       (5) the issuance of permits to owners and operators of 
     United States vessels to engage in fishing activities in the 
     Convention Area seaward of the exclusive economic zone of the 
     United States, under such terms and conditions as the 
     Secretary may prescribe, including the period of time that a 
     permit is valid.
       (d) Consistency With Other Laws.--The Secretary shall 
     ensure the consistency, to the extent practicable, of fishery 
     management programs administered under this subtitle, the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.), the Tuna Conventions Act of 1950 (16 
     U.S.C. 951 et seq.), the South Pacific Tuna Act of 1988 (16 
     U.S.C. 973 et seq.), section 401 of Public Law 108-219 (16 
     U.S.C. 1821 note) (relating to Pacific albacore tuna), the 
     Western and Central Pacific Fisheries Convention 
     Implementation Act (16 U.S.C. 6901 et seq.), the National 
     Oceanic and Atmospheric Administration Authorization Act of 
     1992 (Public Law 102-567) and the amendments made by that 
     Act, and Public Law 100-629 (102 Stat. 3286).
       (e) Judicial Review of Regulations.--
       (1) In general.--Regulations promulgated by the Secretary 
     under this subtitle shall be subject to judicial review to 
     the extent authorized by, and in accordance with, chapter 7 
     of title 5, United States Code, if a petition for such review 
     is filed not later than 30 days after the date on which the 
     regulations are promulgated.
       (2) Responses.--Notwithstanding any other provision of law, 
     the Secretary shall file a response to any petition filed in 
     accordance with paragraph (1), not later than 30 days after 
     the date the Secretary is served with that petition, except 
     that the appropriate court may extend the period for filing 
     such a response upon a showing by the Secretary of good cause 
     for that extension.
       (3) Copies of administrative record.--A response of the 
     Secretary under paragraph (2) shall include a copy of the 
     administrative

[[Page 6154]]

     record for the regulations that are the subject of the 
     petition.
       (4) Expedited hearings.--Upon a motion by the person who 
     files a petition under this subsection, the appropriate court 
     shall assign the matter for hearing at the earliest possible 
     date.

     SEC. 106. ENFORCEMENT.

       (a) In General.--The Secretary and the Secretary of the 
     department in which the Coast Guard is operating--
       (1) shall administer and enforce this subtitle and any 
     regulations issued under this subtitle; and
       (2) may request and utilize on a reimbursed or non-
     reimbursed basis the assistance, services, personnel, 
     equipment, and facilities of other Federal departments and 
     agencies in the administration and enforcement of this 
     subtitle.
       (b) Secretarial Actions.--Except as provided under 
     subsection (c), the Secretary and the Secretary of the 
     department in which the Coast Guard is operating shall 
     prevent any person from violating this subtitle in the same 
     manner, by the same means, and with the same jurisdiction, 
     powers, and duties as though sections 308 through 311 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1858, 1859, 1860, 1861) were incorporated into and 
     made a part of this subtitle. Any person that violates any 
     provision of this subtitle is subject to the penalties and 
     entitled to the privileges and immunities provided in the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.) in the same manner, by the same means, 
     and with the same jurisdiction, power, and duties as though 
     sections 308 through 311 of that Act (16 U.S.C. 1858, 1859, 
     1860, and 1861) were incorporated into and made a part of 
     this subtitle.
       (c) Jurisdiction of the Courts.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     district courts of the United States shall have exclusive 
     jurisdiction over any case or controversy arising under the 
     provisions of this subtitle, and any such court may at any 
     time--
       (A) enter restraining orders or prohibitions;
       (B) issue warrants, process in rem, or other process;
       (C) prescribe and accept satisfactory bonds or other 
     security; and
       (D) take such other actions as are in the interest of 
     justice.
       (2) Hawaii and pacific insular areas.--In the case of 
     Hawaii or any possession of the United States in the Pacific 
     Ocean, the appropriate court is the United States District 
     Court for the District of Hawaii, except that--
       (A) in the case of Guam and Wake Island, the appropriate 
     court is the United States District Court for the District of 
     Guam; and
       (B) in the case of the Northern Mariana Islands, the 
     appropriate court is the United States District Court for the 
     District of the Northern Mariana Islands.
       (3) Construction.--Each violation shall be a separate 
     offense and the offense shall be deemed to have been 
     committed not only in the district where the violation first 
     occurred, but also in any other district authorized by law. 
     Any offense not committed in any district is subject to the 
     venue provisions of section 3238 of title 18, United States 
     Code.
       (d) Confidentiality.--
       (1) In general.--Any information submitted in compliance 
     with a requirement under this subtitle to the Secretary or to 
     implement the Convention, including information submitted on 
     or before the date of enactment of the Ensuring Access to 
     Fisheries Act, shall be confidential and may not be 
     disclosed, except--
       (A) to a Federal employee who is responsible for 
     administering, implementing, or enforcing this subtitle;
       (B) to the Commission, in accordance with requirements in 
     the North Pacific Fisheries Convention and decisions of the 
     Commission, and, insofar as possible, in accordance with an 
     agreement with the Commission that prevents public disclosure 
     of the identity or business of any person;
       (C) to State, Council, or Marine Fisheries Commission 
     employees pursuant to an agreement with the Secretary that 
     prevents public disclosure of the identity or business of any 
     person;
       (D) when required by court order; or
       (E) when the Secretary has obtained written authorization 
     from the person submitting such information to release such 
     information to another person for a reason not otherwise 
     provided for in this paragraph, and such release does not 
     violate other requirements of this subtitle.
       (2) Use of information.--
       (A) In general.--Except as provided under subparagraph (B), 
     the Secretary shall promulgate regulations regarding the 
     procedures the Secretary considers necessary to preserve the 
     confidentiality of information submitted under this subtitle.
       (B) Exception.--The Secretary may release or make public 
     information submitted under this subtitle if the information 
     is in any aggregate or summary form that does not directly or 
     indirectly disclose the identity or business of any person.
       (3) Rule of construction.--Nothing in this subsection shall 
     be interpreted or construed to prevent the use for 
     conservation and management purposes by the Secretary of any 
     information submitted under this subtitle.

     SEC. 107. PROHIBITED ACTS.

       It is unlawful for any person--
       (1) to violate any provision of this subtitle or any 
     regulation or permit issued pursuant to this subtitle;
       (2) to use any fishing vessel to engage in fishing 
     activities without, or after the revocation or during the 
     period of suspension of, an applicable permit issued pursuant 
     to this subtitle;
       (3) to refuse to permit any officer authorized to enforce 
     the provisions of this subtitle to board a fishing vessel 
     subject to such person's control for the purposes of 
     conducting any search, investigation, or inspection in 
     connection with the enforcement of this subtitle or any 
     regulation, permit, or the North Pacific Fisheries 
     Convention;
       (4) to assault, resist, oppose, impede, intimidate, or 
     interfere with any such authorized officer in the conduct of 
     any search, investigation, or inspection in connection with 
     the enforcement of this subtitle or any regulation, permit, 
     or the North Pacific Fisheries Convention;
       (5) to resist a lawful arrest for any act prohibited by 
     this subtitle or any regulation promulgated or permit issued 
     under this subtitle;
       (6) to ship, transport, offer for sale, sell, purchase, 
     import, export, or have custody, control, or possession of, 
     any fisheries resources if the person knew or should have 
     known in the exercise of due care that the fisheries 
     resources were taken or retained in violation of this 
     subtitle or any regulation or permit referred to in paragraph 
     (1) or paragraph (2);
       (7) to interfere with, delay, or prevent, by any means, the 
     apprehension or arrest of another person, knowing that such 
     other person has committed any act prohibited by this 
     section;
       (8) to submit to the Secretary false information (including 
     false information regarding the capacity and extent to which 
     a United States fish processor, on an annual basis, will 
     process a portion of the optimum yield of a fishery that will 
     be harvested by fishing vessels of the United States) 
     regarding any matter that the Secretary is considering in the 
     course of carrying out this subtitle if the person knew or 
     should have known in the exercise of due care that the 
     information was false;
       (9) to assault, resist, oppose, impede, intimidate, 
     sexually harass, bribe, or interfere with any observer on a 
     vessel under this subtitle, or any data collector employed by 
     or under contract to any person to carry out responsibilities 
     under this subtitle;
       (10) to engage in fishing activities in violation of any 
     regulation adopted pursuant to this subtitle;
       (11) to fail to make, keep, or furnish any catch returns, 
     statistical records, or other reports required by regulations 
     adopted pursuant to this subtitle to be made, kept, or 
     furnished;
       (12) to fail to stop a vessel upon being hailed and 
     instructed to stop by a duly authorized official of the 
     United States;
       (13) to import, in violation of any regulation adopted 
     pursuant to this subtitle, any fisheries resources in any 
     form of those species subject to regulation pursuant to a 
     recommendation, resolution, or decision of the Commission, or 
     any fisheries resources in any form not under regulation but 
     under investigation by the Commission, during the period such 
     fisheries resources have been denied entry in accordance with 
     the provisions of this subtitle;
       (14) to make or submit any false record, account, or label 
     for, or any false identification of, any fisheries resources 
     which have been, or are intended to be imported, exported, 
     transported, sold, offered for sale, purchased, or received 
     in interstate or foreign commerce; or
       (15) to refuse to authorize and accept boarding by a duly 
     authorized inspector pursuant to procedures adopted by the 
     Commission for the boarding and inspection of fishing vessels 
     in the Convention Area.

     SEC. 108. COOPERATION IN CARRYING OUT CONVENTION.

       (a) Federal and State Agencies; Private Institutions and 
     Organizations.--The Secretary may cooperate with departments 
     and agencies of the United States Government, any public or 
     private institutions or organizations within the United 
     States or abroad, and, through the Secretary of State, the 
     duly authorized officials of the government of any party to 
     the North Pacific Fisheries Convention, in carrying out 
     responsibilities under this subtitle.
       (b) Scientific and Other Programs; Facilities and 
     Personnel.--Each Federal department and agency is authorized, 
     upon the request of the Secretary, to cooperate in the 
     conduct of scientific and other programs and to furnish 
     facilities and personnel for the purpose of assisting the 
     Commission in carrying out its duties under the North Pacific 
     Fisheries Convention.
       (c) Sanctioned Fishing Operations and Biological 
     Experiments.--Nothing in this subtitle, or in the laws of any 
     State, prevents the Secretary or the Commission from--

[[Page 6155]]

       (1) conducting or authorizing the conduct of fishing 
     operations and biological experiments at any time for 
     purposes of scientific investigation; or
       (2) discharging any other duties prescribed by the North 
     Pacific Fisheries Convention.
       (d) State Jurisdiction Not Affected.--Nothing in this 
     subtitle shall be construed to diminish or to increase the 
     jurisdiction of any State in the territorial sea of the 
     United States.

     SEC. 109. TERRITORIAL PARTICIPATION.

       The Secretary of State shall ensure participation in the 
     Commission and its subsidiary bodies by the Commonwealth of 
     the Northern Mariana Islands to the same extent provided to 
     the territories of other nations.

     SEC. 110. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

       Masters of commercial fishing vessels of countries fishing 
     under the management authority of the North Pacific Fisheries 
     Convention that do not carry vessel monitoring systems 
     capable of communicating with United States enforcement 
     authorities shall, prior to or as soon as reasonably possible 
     after, entering and transiting the exclusive economic zone 
     bounded by the Convention Area--
       (1) notify the United States Coast Guard of the name, flag 
     state, location, route, and destination of the vessel and of 
     the circumstances under which it will enter United States 
     waters;
       (2) ensure that all fishing gear on board the vessel is 
     stowed below deck or otherwise removed from the place it is 
     normally used for fishing activities and placed where it is 
     not readily available for fishing activities; and
       (3) if requested by an enforcement officer, proceed to a 
     specified location so that a vessel inspection can be 
     conducted.

     SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated out of funds made 
     available to the Secretary and the Secretary of State 
     $500,000 for each of fiscal years 2017 through 2021 to carry 
     out this subtitle and to pay the United States contribution 
     to the Commission under Article 12 of the North Pacific 
     Fisheries Convention.

                       Subtitle B--Miscellaneous

     SEC. 121. FUNDING FOR TRAVEL EXPENSES.

       (a) North Pacific Bering Sea Fisheries Advisory Body.--
     Section 5 of the Act entitled ``An Act to approve the 
     governing international fishery agreement between the United 
     States and the Union of Soviet Socialist Republics, and for 
     other purposes'', approved November 7, 1988 (Public Law 100-
     629; 16 U.S.C. 1823 note), is amended by adding at the end 
     the following:
       ``(e) Travel Expenses.--
       ``(1) In general.--The Secretary of State shall pay the 
     necessary travel expenses of the members of the advisory body 
     established pursuant to this section in carrying out their 
     service as such members in accordance with the Federal Travel 
     Regulations and sections 5701, 5702, 5704 through 5708, and 
     5731 of title 5, United States Code.
       ``(2) Reimbursement.--The Secretary of Commerce may 
     reimburse the Secretary of State for amounts expended by the 
     Secretary of State under this subsection.''.
       (b) North Pacific Anadromous Fish Commission.--
       (1) United states commissioners.--Section 804 of the North 
     Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5003) is 
     amended by adding at the end the following:
       ``(e) Travel Expenses.--
       ``(1) In general.--The Secretary shall pay the necessary 
     travel expenses of the United States Commissioners and 
     Alternate United States Commissioners in carrying out the 
     duties of the Commission in accordance with the Federal 
     Travel Regulations and sections 5701, 5702, 5704 through 
     5708, and 5731 of title 5, United States Code.
       ``(2) Reimbursement.--The Secretary of Commerce may 
     reimburse the Secretary for amounts expended by the Secretary 
     under this subparagraph.''.
       (2) Advisory panel.--Section 805 of the North Pacific 
     Anadromous Stocks Act of 1992 (16 U.S.C. 5004) is amended by 
     striking subsection (e) and inserting the following:
       ``(e) Compensation.--The members of the Advisory Panel 
     shall receive no compensation for their service as such 
     members.
       ``(f) Travel Expenses.--
       ``(1) In general.--The Secretary shall pay the necessary 
     travel expenses of the members of the Advisory Panel in 
     carrying out their service as such members in accordance with 
     the Federal Travel Regulations and sections 5701, 5702, 5704 
     through 5708, and 5731 of title 5, United States Code.
       ``(2) Reimbursement.--The Secretary of Commerce may 
     reimburse the Secretary for amounts expended by the Secretary 
     under this subparagraph.''.

     SEC. 122. NATIONAL SEA GRANT COLLEGE PROGRAM REAUTHORIZATION 
                   ACT OF 1998.

       Section 10 of the National Sea Grant College Program 
     Reauthorization Act of 1998 (15 U.S.C. 1541) is amended by 
     striking ``the United States Coast Guard'' each place it 
     appears and inserting ``another Federal agency''.

    TITLE II--SOUTH PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``South Pacific Fisheries 
     Convention Implementation Act''.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the advisory committee established under section 203.
       (2) Commission.--The term ``Commission'' means the South 
     Pacific Fisheries Commission established under the South 
     Pacific Fisheries Convention.
       (3) Commissioner.--The term ``Commissioner'' means a United 
     States Commissioner appointed under section 203.
       (4) Convention area.--The term ``Convention Area'' means--
       (A) the waters of the Pacific Ocean beyond areas of 
     national jurisdiction and in accordance with international 
     law, bounded by the 10 parallel of north latitude and the 
     20 parallel of south latitude and by the 135 meridian of 
     east longitude and the 150 meridian of west longitude; and
       (B) the waters of the Pacific Ocean beyond areas of 
     national jurisdiction and in accordance with international 
     law--
       (i) east of a line extending south along the 120 meridian 
     of east longitude from the outer limit of the national 
     jurisdiction of Australia off the south coast of Western 
     Australia to the intersection with the 55 parallel of south 
     latitude; then due east along the 55 parallel of south 
     latitude to the intersection with the 150 meridian of east 
     longitude; then due south along the 150 meridian of east 
     longitude to the intersection with the 60 parallel of south 
     latitude;
       (ii) north of a line extending east along the 60 parallel 
     of south latitude from the 150 meridian of east longitude to 
     the intersection with the 67 16' meridian of west longitude;
       (iii) west of a line extending north along the 67 16' 
     meridian of west longitude from the 60 parallel of south 
     latitude to its intersection with the outer limit of the 
     national jurisdiction of Chile; then along the outer limits 
     of the national jurisdictions of Chile, Peru, Ecuador and 
     Colombia to the intersection with the 2 parallel of north 
     latitude; and
       (iv) south of a line extending west along the 2 parallel 
     of north latitude (but not including the national 
     jurisdiction of Ecuador (Galapagos Islands)) to the 
     intersection with the 150 meridian of west longitude; then 
     due north along the 150 meridian of west longitude to its 
     intersection with 10 parallel of north latitude; then west 
     along the 10 parallel of north latitude to its intersection 
     with the outer limits of the national jurisdiction of the 
     Marshall Islands; and then generally south and around the 
     outer limits of the national jurisdictions of Pacific States 
     and territories, New Zealand and Australia until it connects 
     to the commencement of the line described in clause (i).
       (5) Council.--The term ``Council'' means the Western 
     Pacific Regional Fishery Management Council.
       (6) Exclusive economic zone of the united states.--The term 
     ``exclusive economic zone of the United States'' means the 
     zone established by Presidential Proclamation Numbered 5030 
     of March 10, 1983 (16 U.S.C. 1453 note), the inner boundary 
     of which, for purposes of this title, is a line coterminous 
     with the seaward boundary of each of the coastal States.
       (7) Fishery resources.--
       (A) In general.--The term ``fishery resources'' means all 
     fish within the Convention Area.
       (B) Inclusions.--The term ``fishery resources'' includes 
     mollusks, crustaceans, and other living marine resources, 
     including any products thereof, as may be decided by the 
     Commission.
       (C) Exclusions.--The term ``fishery resources'' does not 
     include--
       (i) sedentary species in so far as they are subject to the 
     national jurisdiction of coastal States pursuant to Article 
     77 paragraph 4 of the 1982 Convention;
       (ii) highly migratory species listed in Annex I of the 1982 
     Convention;
       (iii) anadromous species;
       (iv) catadromous species;
       (v) marine mammals;
       (vi) marine reptiles; or
       (vii) sea birds.
       (8) Fishing.--
       (A) In general.--The term ``fishing'' means--
       (i) the actual or attempted searching for, catching, 
     taking, or harvesting of fishery resources;
       (ii) engaging in any activity that can reasonably be 
     expected to result in the locating, catching, taking, or 
     harvesting of fishery resources for any purpose;
       (iii) transshipment and any operation at sea in direct 
     support of, or in preparation for, any activity described in 
     this subparagraph; or
       (iv) the use of any vessel, vehicle, aircraft, or 
     hovercraft, in relation to any activity described in clauses 
     (i) through (iii).
       (B) Exclusions.--The term ``fishing'' does not include any 
     operation related to an emergency involving the health or 
     safety of a crew member or the safety of a fishing vessel.
       (9) Fishing vessel.--The term ``fishing vessel'' means any 
     vessel used or intended for use for the purpose of fishing, 
     including a

[[Page 6156]]

     support ship, a carrier vessel, or any other vessel directly 
     involved in such fishing operations.
       (10) Panel.--The term ``Panel'' means the Council's 
     Advisory Panel.
       (11) Person.--The term ``person'' means--
       (A) any individual, whether or not a citizen or national of 
     the United States;
       (B) any corporation, partnership, association, or other 
     entity, whether or not organized or existing under the laws 
     of any State; or
       (C) any Federal, State, local, tribal, or foreign 
     government, or any entity of such government.
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (13) South pacific fisheries convention.--The term ``South 
     Pacific Fisheries Convention'' means the Convention on the 
     Conservation and Management of the High Seas Fishery 
     Resources in the South Pacific Ocean (including any annexes, 
     amendments, or protocols that are in force, or have come into 
     force, for the United States), which was adopted at Auckland 
     on November 14, 2009.
       (14) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, 
     American Samoa, Guam, and any other commonwealth, territory, 
     or possession of the United States.
       (15) Straddling stock.--The term ``straddling stock'' means 
     a stock of fishery resources which migrates between, or 
     occurs in, the exclusive economic zone of 1 or more parties 
     to the South Pacific Fisheries Convention and the Convention 
     Area.
       (16) Transshipment.--The term ``transshipment'' means the 
     unloading of all or any of the fishery resources or fishery 
     resources products derived from fishing in the Convention 
     Area on board a fishing vessel to another fishing vessel 
     either at sea or in port.
       (17) 1982 convention.--The term ``1982 Convention'' means 
     the United Nations Convention on the Law of the Sea of 10 
     December 1982.

     SEC. 203. APPOINTMENT OF UNITED STATES COMMISSIONERS.

       (a) Appointment.--
       (1) In general.--The United States shall be represented on 
     the Commission by not more than 3 Commissioners. In making 
     each appointment, the President shall select a Commissioner 
     from among individuals who are knowledgeable or experienced 
     concerning fishery resources in the South Pacific Ocean.
       (2) Representation.--At least 1 of the Commissioners shall 
     be--
       (A) serving at the pleasure of the President, an officer or 
     employee of--
       (i) the Department of Commerce;
       (ii) the Department of State; or
       (iii) the United States Coast Guard; and
       (B) the chairperson or designee of the Council.
       (b) Alternate Commissioners.--The Secretary of State, in 
     consultation with the Secretary, may designate from time to 
     time and for periods of time considered appropriate an 
     alternate Commissioner to the Commission. An alternate 
     Commissioner may exercise all powers and duties of a 
     Commissioner in the absence of a Commissioner appointed under 
     subsection (a).
       (c) Administrative Matters.--
       (1) Employment status.--An individual serving as a 
     Commissioner, or as an alternate Commissioner, other than an 
     officer or employee of the United States Government, shall 
     not be considered a Federal employee, except for the purposes 
     of injury compensation or tort claims liability as provided 
     in chapter 81 of title 5, United States Code and chapter 171 
     of title 28, United States Code.
       (2) Compensation.--An individual serving as a Commissioner 
     or an alternate Commissioner, although an officer of the 
     United States while so serving, shall receive no compensation 
     for the individual's services as such Commissioner or 
     alternate Commissioner.
       (3) Travel expenses.--
       (A) In general.--The Secretary of State shall pay the 
     necessary travel expenses of a Commissioner or an alternate 
     Commissioner in accordance with the Federal Travel 
     Regulations and sections 5701, 5702, 5704 through 5708, and 
     5731 of title 5, United States Code.
       (B) Reimbursement.--The Secretary may reimburse the 
     Secretary of State for amounts expended by the Secretary of 
     State under this paragraph.
       (d) Advisory Committee.--
       (1) Establishment of permanent advisory committee.--
       (A) Membership.--There is established an advisory committee 
     which shall be composed of 7 members appointed by the 
     Secretary as follows:
       (i) A member engaging in commercial fishing in the 
     management area of the Council.
       (ii) 2 members from the indigenous population of the 
     Pacific, including a Native Hawaiian and a native-born 
     inhabitant of any State in the Pacific.
       (iii) A member that is a marine fisheries scientist and a 
     member of the Council's Scientific and Statistical Committee.
       (iv) A member representing a non-governmental organization 
     active in fishery issues in the Pacific.
       (v) A member nominated by the Governor of the State of 
     Hawaii.
       (vi) A member designated by the Council.
       (B) Terms and privileges.--Each member of the Advisory 
     Committee shall serve for a term of 2 years and shall be 
     eligible for reappointment for not more than 3 consecutive 
     terms. The Commissioners shall notify the Advisory Committee 
     in advance of each meeting of the Commissioners. The Advisory 
     Committee may attend each meeting and may examine and be 
     heard on all proposed programs, investigations, reports, 
     recommendations, and regulations of the Commissioners.
       (C) Procedures.--
       (i) In general.--The Advisory Committee shall determine its 
     organization and prescribe its practices and procedures for 
     carrying out its functions under this title, the South 
     Pacific Fisheries Convention, and the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.).
       (ii) Public availability of procedures.--The Advisory 
     Committee shall publish and make available to the public a 
     statement of its organization, practices, and procedures.
       (iii) Quorum.--A majority of the members of the Advisory 
     Committee shall constitute a quorum to conduct business.
       (iv) Public meetings.--Meetings of the Advisory Committee, 
     except when in executive session, shall be open to the 
     public. Prior notice of each non-executive meeting shall be 
     made public in a timely fashion. The Advisory Committee shall 
     not be subject to the Federal Advisory Committee Act (5 
     U.S.C. App.).
       (D) Provision of information.--The Secretary and the 
     Secretary of State shall furnish the Advisory Committee with 
     relevant information concerning fishery resources and 
     international fishery agreements.
       (2) Administrative matters.--
       (A) Support services.--The Secretary shall provide to the 
     Advisory Committee in a timely manner such administrative and 
     technical support services as are necessary to function 
     effectively.
       (B) Compensation; status; expenses.--An individual 
     appointed to serve as a member of the Advisory Committee--
       (i) shall serve without pay; and
       (ii) shall not be considered a Federal employee, except for 
     the purposes of injury compensation or tort claims liability 
     as provided in chapter 81 of title 5, United States Code, and 
     chapter 171 of title 28, United States Code.
       (e) Memorandum of Understanding.--For fishery resources in 
     the Convention Area, the Secretary, in coordination with the 
     Secretary of State, shall develop a memorandum of 
     understanding with the Council that clarifies the role of the 
     Council with respect to--
       (1) participation in United States delegations to 
     international fishery organizations in the Pacific Ocean, 
     including government-to-government consultations;
       (2) providing formal recommendations to the Secretary and 
     the Secretary of State regarding necessary measures for both 
     domestic and foreign fishing vessels;
       (3) coordinating positions with the United States 
     delegation for presentation to the appropriate international 
     fishery organization; and
       (4) recommending those domestic fishing regulations that 
     are consistent with the actions of the international fishery 
     organization, for approval and implementation under the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.).

     SEC. 204. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF 
                   STATE.

       The Secretary of State may--
       (1) receive and transmit, on behalf of the United States, 
     reports, requests, recommendations, proposals, decisions, and 
     other communications of and to the Commission;
       (2) in consultation with the Secretary, act upon, or refer 
     to other appropriate authority, any communication under 
     paragraph (1);
       (3) with the concurrence of the Secretary, and in 
     accordance with the provisions of the Convention, object to 
     any decision of the Commission; and
       (4) in the conduct of any program, including scientific and 
     research programs, under this title, request and utilize on a 
     reimbursed or non-reimbursed basis the assistance, services, 
     personnel, equipment, and facilities of other Federal 
     departments and agencies, foreign governments, foreign 
     agencies, or international intergovernmental organizations.

     SEC. 205. AUTHORITY OF THE SECRETARY OF COMMERCE.

       (a) Promulgation of Regulations.--
       (1) Authority.--The Secretary, in consultation with the 
     Secretary of State and, with respect to enforcement measures, 
     the Secretary of the department in which the Coast Guard is 
     operating, is authorized to promulgate such regulations as 
     may be necessary to carry out United States international 
     obligations under the South Pacific Fisheries Convention and 
     this title, including recommendations and decisions adopted 
     by the Commission.
       (2) Regulations of straddling stocks.--If the Secretary has 
     discretion in the implementation of 1 or more measures 
     adopted by the Commission that would govern a straddling 
     stock under the authority of the Council, the Secretary shall 
     promulgate, to the extent practicable within the 
     implementation schedule of the South Pacific Fisheries 
     Convention and any recommendations and decisions adopted by 
     the Commission, such

[[Page 6157]]

     regulations in accordance with the procedures established by 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1801 et seq.).
       (b) Rule of Construction.--Regulations promulgated under 
     subsection (a) shall be applicable only to a person or a 
     fishing vessel that is or has engaged in fishing, or fishery 
     resources covered by the South Pacific Fisheries Convention 
     under this title.
       (c) Additional Authority.--The Secretary may conduct, and 
     may request and utilize on a reimbursed or non-reimbursed 
     basis the assistance, services, personnel, equipment, and 
     facilities of other Federal departments and agencies in--
       (1) scientific, research, and other programs under this 
     title;
       (2) fishing operations and biological experiments for 
     purposes of scientific investigation or other purposes 
     necessary to implement the South Pacific Fisheries 
     Convention;
       (3) the collection, utilization, and disclosure of such 
     information as may be necessary to implement the South 
     Pacific Fisheries Convention, subject to sections 552 and 
     552a of title 5, United States Code, and section 402(b) of 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1881a(b));
       (4) if recommended by the Commissioners, the assessment and 
     collection of fees, not to exceed 3 percent of the ex-vessel 
     value of fishery resources harvested by vessels of the United 
     States in fisheries conducted in the Convention Area, to 
     recover the actual costs to the United States of management 
     and enforcement under this title, which shall be deposited as 
     an offsetting collection in, and credited to, the account 
     providing appropriations to carry out the functions of the 
     Secretary under this title; and
       (5) the issuance of permits to owners and operators of 
     United States vessels to engage in fishing in the Convention 
     Area seaward of the exclusive economic zone of the United 
     States, under such terms and conditions as the Secretary may 
     prescribe, including the period of time that a permit is 
     valid.
       (d) Consistency With Other Laws.--The Secretary shall 
     ensure the consistency, to the extent practicable, of fishery 
     management programs administered under this title, the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.), the Tuna Conventions Act of 1950 (16 
     U.S.C. 951 et seq.), the South Pacific Tuna Act of 1988 (16 
     U.S.C. 973 et seq.), section 401 of Public Law 108-219 (16 
     U.S.C. 1821 note) (relating to Pacific albacore tuna), the 
     Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et 
     seq.), and the Western and Central Pacific Fisheries 
     Convention Implementation Act (16 U.S.C. 6901 et seq.).
       (e) Judicial Review of Regulations.--
       (1) In general.--Regulations promulgated by the Secretary 
     under this title shall be subject to judicial review to the 
     extent authorized by, and in accordance with, chapter 7 of 
     title 5, United States Code, if a petition for such review is 
     filed not later than 30 days after the date on which the 
     regulations are promulgated.
       (2) Responses.--Notwithstanding any other provision of law, 
     the Secretary shall file a response to any petition filed in 
     accordance with paragraph (1), not later than 30 days after 
     the date the Secretary is served with that petition, except 
     that the appropriate court may extend the period for filing 
     such a response upon a showing by the Secretary of good cause 
     for that extension.
       (3) Copies of administrative record.--A response of the 
     Secretary under paragraph (2) shall include a copy of the 
     administrative record for the regulations that are the 
     subject of the petition.
       (4) Expedited hearings.--Upon a motion by the person who 
     files a petition under this subsection, the appropriate court 
     shall assign the matter for hearing at the earliest possible 
     date.

     SEC. 206. ENFORCEMENT.

       (a) In General.--The Secretary and the Secretary of the 
     department in which the Coast Guard is operating--
       (1) shall administer and enforce this title and any 
     regulations issued under this title; and
       (2) may request and utilize on a reimbursed or non-
     reimbursed basis the assistance, services, personnel, 
     equipment, and facilities of other Federal departments and 
     agencies in the administration and enforcement of this title.
       (b) Secretarial Actions.--Except as provided under 
     subsection (c), the Secretary and the Secretary of the 
     department in which the Coast Guard is operating shall 
     prevent any person from violating this title in the same 
     manner, by the same means, and with the same jurisdiction, 
     powers, and duties as though sections 308 through 311 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1858, 1859, 1860, 1861) were incorporated into and 
     made a part of this title. Any person that violates any 
     provision of this title is subject to the penalties and 
     entitled to the privileges and immunities provided in the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.) in the same manner, by the same means, 
     and with the same jurisdiction, power, and duties as though 
     sections 308 through 311 of that Act (16 U.S.C. 1858, 1859, 
     1860, 1861) were incorporated into and made a part of this 
     title.
       (c) Jurisdiction of the Courts.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     district courts of the United States shall have exclusive 
     jurisdiction over any case or controversy arising under the 
     provisions of this title, and any such court may at any 
     time--
       (A) enter restraining orders or prohibitions;
       (B) issue warrants, process in rem, or other process;
       (C) prescribe and accept satisfactory bonds or other 
     security; and
       (D) take such other actions as are in the interest of 
     justice.
       (2) Hawaii and pacific insular areas.--In the case of 
     Hawaii or any other State in the Pacific Ocean, the 
     appropriate court is the United States District Court for the 
     District of Hawaii, except that--
       (A) in the case of Guam and Wake Island, the appropriate 
     court is the United States District Court for the District of 
     Guam; and
       (B) in the case of the Northern Mariana Islands, the 
     appropriate court is the United States District Court for the 
     District of the Northern Mariana Islands.
       (3) Construction.--Each violation shall be a separate 
     offense and the offense shall be deemed to have been 
     committed not only in the district where the violation first 
     occurred, but also in any other district authorized by law. 
     Any offense not committed in any district is subject to the 
     venue provisions of section 3238 of title 18, United States 
     Code.
       (d) Confidentiality.--
       (1) In general.--Any information submitted in compliance 
     with a requirement under this title to the Secretary or to 
     implement the Convention, including information submitted on 
     or before the date of enactment of the Ensuring Access to 
     Fisheries Act, shall be confidential and may not be 
     disclosed, except--
       (A) to a Federal employee who is responsible for 
     administering, implementing, or enforcing this title;
       (B) to the Commission, in accordance with requirements in 
     the South Pacific Fisheries Convention and decisions of the 
     Commission, and, insofar as possible, in accordance with an 
     agreement with the Commission that prevents public disclosure 
     of the identity or business of any person;
       (C) to a State or Council employee pursuant to an agreement 
     with the Secretary that prevents public disclosure of the 
     identity or business of any person;
       (D) when required by court order; or
       (E) when the Secretary has obtained written authorization 
     from the person submitting such information to release such 
     information to another person for a reason not otherwise 
     provided for in this paragraph, and such release does not 
     violate other requirements of this title.
       (2) Use of information.--
       (A) In general.--Except as provided under subparagraph (B), 
     the Secretary shall promulgate regulations regarding the 
     procedures the Secretary considers necessary to preserve the 
     confidentiality of information under this title.
       (B) Exception.--The Secretary may release or make public 
     information submitted under this title if the information is 
     in any aggregate or summary form that does not directly or 
     indirectly disclose the identity or business of any person.
       (3) Rule of construction.--Nothing in this subsection shall 
     be interpreted or construed to prevent the use for 
     conservation and management purposes by the Secretary of any 
     information submitted under this title.

     SEC. 207. PROHIBITED ACTS.

       It is unlawful for any person--
       (1) to violate any provision of this title or any 
     regulation or permit issued under this title;
       (2) to use any fishing vessel to engage in fishing without, 
     or after the revocation or during the period of suspension 
     of, an applicable permit issued under this title;
       (3) to refuse to permit any officer authorized to enforce 
     the provisions of this title to board a fishing vessel 
     subject to such person's control for the purposes of 
     conducting any search, investigation, or inspection in 
     connection with the enforcement of this title or the South 
     Pacific Fisheries Convention;
       (4) to assault, resist, oppose, impede, intimidate, or 
     interfere with any such authorized officer in the conduct of 
     any search, investigation, or inspection in connection with 
     the enforcement of this title or the South Pacific Fisheries 
     Convention;
       (5) to resist a lawful arrest for any act prohibited by 
     this title or any regulation promulgated or permit issued 
     under this title;
       (6) to ship, transport, offer for sale, sell, purchase, 
     import, export, or have custody, control, or possession of 
     any fisheries resources if the person knew or should have 
     known in the exercise of due care that the fisheries 
     resources were taken or retained in violation of this title 
     or any regulation or permit referred to in paragraph (1) or 
     paragraph (2);
       (7) to interfere with, delay, or prevent, by any means, the 
     apprehension or arrest of another person, knowing that such 
     other person has committed any act prohibited by this 
     section;

[[Page 6158]]

       (8) to submit to the Secretary false information (including 
     false information regarding the capacity and extent to which 
     a United States fish processor, on an annual basis, will 
     process a portion of the optimum yield of a fishery that will 
     be harvested by fishing vessels of the United States) 
     regarding any matter that the Secretary is considering in the 
     course of carrying out this title if the person knew or 
     should have known in the exercise of due care that the 
     information was false;
       (9) to assault, resist, oppose, impede, intimidate, 
     sexually harass, bribe, or interfere with any observer on a 
     vessel under this title, or any data collector employed by or 
     under contract to any person to carry out responsibilities 
     under this title;
       (10) to engage in fishing in violation of any regulation 
     adopted under this title;
       (11) to fail to make, keep, or furnish any catch returns, 
     statistical records, or other reports required to be made, 
     kept, or furnished under this title;
       (12) to fail to stop a vessel upon being hailed and 
     instructed to stop by a duly authorized official of the 
     United States;
       (13) to import, in violation of any regulation promulgated 
     under this title, any fishery resources in any form of those 
     species subject to regulation pursuant to a recommendation, 
     resolution, or decision of the Commission, or any fishery 
     resources in any form not under regulation but under 
     investigation by the Commission, during the period the 
     fishery resources have been denied entry in accordance with 
     the provisions of this title;
       (14) to make or submit any false record, account, or label 
     for, or any false identification of, any fishery resources 
     which have been, or are intended to be imported, exported, 
     transported, sold, offered for sale, purchased, or received 
     in interstate or foreign commerce; or
       (15) to refuse to authorize and accept boarding by a duly 
     authorized inspector pursuant to procedures adopted by the 
     Commission for the boarding and inspection of fishing vessels 
     in the Convention Area.

     SEC. 208. COOPERATION IN CARRYING OUT CONVENTION.

       (a) Federal and State Agencies; Private Institutions and 
     Organizations.--The Secretary may cooperate with departments 
     and agencies of the United States Government, any public or 
     private institutions or organizations within the United 
     States or abroad, and, through the Secretary of State, the 
     duly authorized officials of the government of any party to 
     the South Pacific Fisheries Convention, in carrying out 
     responsibilities under this title.
       (b) Scientific and Other Programs; Facilities and 
     Personnel.--Each Federal department and agency is authorized, 
     upon the request of the Secretary, to cooperate in the 
     conduct of scientific and other programs and to furnish 
     facilities and personnel for the purpose of assisting the 
     Commission in carrying out its duties under the South Pacific 
     Fisheries Convention.
       (c) Sanctioned Fishing Operations and Biological 
     Experiments.--Nothing in this title, or in the laws of any 
     State, prevents the Secretary or the Commission from--
       (1) conducting or authorizing the conduct of fishing 
     operations and biological experiments at any time for 
     purposes of scientific investigation; or
       (2) discharging any other duties prescribed by the South 
     Pacific Fisheries Convention.
       (d) State Jurisdiction Not Affected.--Nothing in this title 
     shall be construed to diminish or to increase the 
     jurisdiction of any State in the territorial sea of the 
     United States.

     SEC. 209. TERRITORIAL PARTICIPATION.

       The Secretary of State shall ensure participation in the 
     Commission and its subsidiary bodies by American Samoa, Guam, 
     and the Commonwealth of the Northern Mariana Islands to the 
     same extent provided to the territories of other nations.

     SEC. 210. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

       Masters of commercial fishing vessels of nations fishing 
     under the management authority of the South Pacific Fisheries 
     Convention that do not carry vessel monitoring systems 
     capable of communicating with United States enforcement 
     authorities shall, prior to, or as soon as reasonably 
     possible after, entering and transiting the exclusive 
     economic zone of the United States seaward of the Convention 
     Area--
       (1) notify the United States Coast Guard of the name, flag 
     state, location, route, and destination of the vessel and of 
     the circumstances under which it will enter the exclusive 
     economic zone of the United States seaward of the Convention 
     Area;
       (2) ensure that all fishing gear on board the vessel is 
     stowed below deck or otherwise removed from the place it is 
     normally used for fishing and placed where it is not readily 
     available for fishing; and
       (3) if requested by an enforcement officer, proceed to a 
     specified location so that a vessel inspection can be 
     conducted.

     SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated out 
     of funds made available to the Secretary and the Secretary of 
     State $500,000 for each of fiscal years 2017 through 2021 to 
     carry out this title and to pay the United States 
     contribution to the Commission under Article 15 of the South 
     Pacific Fisheries Convention.
       (b) International Cooperation and Assistance.--
       (1) In general.--Subject to the limits of available 
     appropriations and consistent with applicable law, the 
     Secretary or the Secretary of State shall provide appropriate 
     assistance, including grants, to developing nations and 
     international organizations of which such nations are members 
     to assist those nations in meeting their obligations under 
     the South Pacific Fisheries Convention.
       (2) Transfer of funds.--Subject to the limits of available 
     appropriations and consistent with other applicable law, the 
     Secretary and the Secretary of State are authorized to 
     transfer funds to any foreign government, international, non-
     governmental, or international organization, including the 
     Commission, for purposes of carrying out the international 
     responsibilities under paragraph (1).

   TITLE III--NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT

     SEC. 301. SHORT TITLE; REFERENCES TO THE NORTHWEST ATLANTIC 
                   FISHERIES CONVENTION ACT OF 1995.

       (a) Short Title.--This title may be cited as the 
     ``Northwest Atlantic Fisheries Convention Amendments Act''.
       (b) References to the Northwest Atlantic Fisheries 
     Convention Act of 1995.--Except as otherwise expressly 
     provided, whenever in this title an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Northwest 
     Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et 
     seq.).

     SEC. 302. REPRESENTATION OF THE UNITED STATES UNDER 
                   CONVENTION.

       Section 202 (16 U.S.C. 5601) is amended--
       (1) in subsection (a)(1), by striking ``General Council and 
     the Fisheries'';
       (2) in subsection (b)(1), by striking ``at a meeting of the 
     General Council or the Fisheries Commission'';
       (3) in subsection (b)(2), by striking ``, at any meeting of 
     the General Council or the Fisheries Commission for which the 
     Alternate Commissioner is designated'';
       (4) in subsection (d)(1), by striking ``at a meeting of the 
     Scientific Council'';
       (5) in subsection (d)(2), by striking ``, at any meeting of 
     the Scientific Council for which the Alternative 
     Representative is designated''; and
       (6) in subsection (f)(1)(A), by striking ``Magnuson Act'' 
     and inserting ``Magnuson-Stevens Fishery Conservation and 
     Management Act''.

     SEC. 303. REQUESTS FOR SCIENTIFIC ADVICE.

       Section 203 (16 U.S.C. 5602) is amended--
       (1) in subsection (a)--
       (A) by striking ``The Representatives may'' and inserting 
     ``A Representative may'';
       (B) by striking ``described in subsection (b)(1) or (2)'' 
     and inserting ``described in paragraph (1) or (2) of 
     subsection (b)''; and
       (C) by striking ``the Representatives have'' and inserting 
     ``the Representative has'';
       (2) by striking ``VII(1)'' each place it appears and 
     inserting ``VII(10)(b)''; and
       (3) in subsection (b)(2), by striking ``VIII(2)'' and 
     inserting ``VII(11)''.

     SEC. 304. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO 
                   CONVENTION.

       Section 204 (16 U.S.C. 5603) is amended by striking 
     ``Fisheries Commission'' each place it appears and inserting 
     ``Commission consistent with the procedures detailed in 
     Articles XIV and XV of the Convention''.

     SEC. 305. INTERAGENCY COOPERATION.

       Section 205(a) (16 U.S.C. 5604(a)) is amended to read as 
     follows:
       ``(a) Authorities of the Secretary.--In carrying out the 
     provisions of the Convention and this title, the Secretary 
     may arrange for cooperation with--
       ``(1) any department, agency, or instrumentality of the 
     United States;
       ``(2) a State;
       ``(3) a Council; or
       ``(4) a private institution or an organization.''.

     SEC. 306. PROHIBITED ACTS AND PENALTIES.

       Section 207 (16 U.S.C. 5606) is amended--
       (1) by striking ``Magnuson Act'' each place it appears and 
     inserting ``Magnuson-Stevens Fishery Conservation and 
     Management Act''; and
       (2) by striking ``fish'' each place it appears and 
     inserting ``fishery resources''.

     SEC. 307. CONSULTATIVE COMMITTEE.

       Section 208 (16 U.S.C. 5607) is amended--
       (1) in subsection (b)(2), by striking ``two'' and inserting 
     ``2''; and
       (2) in subsection (c), by striking ``General Council or the 
     Fisheries'' each place it appears.

     SEC. 308. DEFINITIONS.

       Section 210 (16 U.S.C. 5609) is amended to read as follows:

     ``SEC. 210. DEFINITIONS.

       ``In this title:
       ``(1) 1982 convention.--The term `1982 Convention' means 
     the United Nations Convention on the Law of the Sea of 10 
     December 1982.
       ``(2) Authorized enforcement officer.--The term `authorized 
     enforcement officer'

[[Page 6159]]

     means a person authorized to enforce this title, any 
     regulation issued under this title, or any measure that is 
     legally binding on the United States under the Convention.
       ``(3) Commission.--The term `Commission' means the body 
     provided for by Articles V, VI, XIII, XIV, and XV of the 
     Convention.
       ``(4) Commissioner.--The term `Commissioner' means a United 
     States Commissioner to the Northwest Atlantic Fisheries 
     Organization appointed under section 202.
       ``(5) Convention.--The term `Convention' means the 
     Convention on Future Multilateral Cooperation in the 
     Northwest Atlantic Fisheries, done at Ottawa on October 24, 
     1978, and as amended on September 28, 2007.
       ``(6) Convention area.--The term `Convention Area' means 
     the waters of the Northwest Atlantic Ocean north of 3500' N 
     and west of a line extending due north from 3500' N and 
     4200' W to 5900' N, thence due west to 4400' W, and thence 
     due north to the coast of Greenland, and the waters of the 
     Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 
     7810' N.
       ``(7) Council.--The term `Council' means the New England 
     Fishery Management Council or the Mid-Atlantic Fishery 
     Management Council.
       ``(8) Fishery resources.--
       ``(A) In general.--The term `fishery resources' means all 
     fish, mollusks, and crustaceans, including any products 
     thereof, within the Convention Area.
       ``(B) Exclusions.--The term `fishery resources' does not 
     include--
       ``(i) sedentary species over which coastal States may 
     exercise sovereign rights consistent with Article 77 of the 
     1982 Convention; or
       ``(ii) in so far as they are managed under other 
     international treaties, anadromous and catadromous stocks and 
     highly migratory species listed in Annex I of the 1982 
     Convention.
       ``(9) Fishing activities.--
       ``(A) In general.--The term `fishing activities' means 
     harvesting or processing fishery resources, or transhipping 
     of fishery resources or products derived from fishery 
     resources, or any other activity in preparation for, in 
     support of, or related to the harvesting of fishery 
     resources.
       ``(B) Inclusions.--The term `fishing activities' includes--
       ``(i) the actual or attempted searching for or catching or 
     taking of fishery resources;
       ``(ii) any activity that can reasonably be expected to 
     result in locating, catching, taking, or harvesting of 
     fishery resources for any purpose; and
       ``(iii) any operation at sea in support of, or in 
     preparation for, any activity described in this paragraph.
       ``(C) Exclusions.--The term `fishing activities' does not 
     include any operation related to emergencies involving the 
     health and safety of crew members or the safety of a vessel.
       ``(10) Fishing vessel.--
       ``(A) In general.--The term `fishing vessel' means a vessel 
     that is or has been engaged in fishing activities.
       ``(B) Inclusions.--The term `fishing vessel' includes a 
     fish processing vessel or a vessel engaged in transshipment 
     or any other activity in preparation for or related to 
     fishing activities, or in experimental or exploratory fishing 
     activities.
       ``(11) Organization.--The term `Organization' means the 
     Northwest Atlantic Fisheries Organization provided for by 
     Article V of the Convention.
       ``(12) Person.--The term `person' means any individual 
     (whether or not a citizen or national of the United States), 
     and any corporation, partnership, association, or other 
     entity (whether or not organized or existing under the laws 
     of any State).
       ``(13) Representative.--The term `Representative' means a 
     United States Representative to the Northwest Atlantic 
     Fisheries Scientific Council appointed under section 202.
       ``(14) Scientific council.--The term `Scientific Council' 
     means the Scientific Council provided for by Articles V, VI, 
     and VII of the Convention.
       ``(15) Secretary.--The term `Secretary' means the Secretary 
     of Commerce.
       ``(16) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, and 
     any other commonwealth, territory, or possession of the 
     United States.
       ``(17) Transshipment.--The term `transshipment' means the 
     unloading of all or any of the fishery resources on board a 
     fishing vessel to another fishing vessel either at sea or in 
     port.''.

     SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

       Section 211 (16 U.S.C. 5610) is amended to read as follows:

     ``SEC. 211. CONTRIBUTIONS TO ORGANIZATION.

       ``There is authorized to be appropriated out of funds made 
     available to the Secretary and the Secretary of State 
     $500,000 for each of fiscal years 2017 through 2021 to carry 
     out this title and to pay the United States contribution to 
     the Organization as provided in Article IX of the 
     Convention.''.

     SEC. 310. QUOTA ALLOCATION PRACTICE.

       Section 213 (16 U.S.C. 5612) is repealed.
                                 ______
                                 
  SA 4004. Mr. NELSON submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       In division A, strike section 225 and insert the following:
       Sec. 225. (a) Any entity receiving housing assistance 
     payments shall maintain decent, safe, and sanitary 
     conditions, as determined by the Secretary of Housing and 
     Urban Development (in this section referred to as the 
     ``Secretary''), and comply with any standards under 
     applicable State or local laws, rules, ordinances, or 
     regulations relating to the physical condition of any 
     property covered under a housing assistance payment contract.
       (b) The Secretary shall take action under subsection (c) 
     when a multifamily housing project with a section 8 contract 
     or contract for similar project-based assistance--
       (1) receives a Uniform Physical Condition Standards (UPCS) 
     score of 30 or less;
       (2) fails to certify in writing to the Secretary within 3 
     days that all Exigent Health and Safety deficiencies 
     identified by the inspector at the project have been 
     corrected; or
       (3) receives a UPCS score between 31 and 59 and has 
     received consecutive scores of less than 60 on UPCS 
     inspections.
       Such requirements shall apply to insured and noninsured 
     projects with assistance attached to the units under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), 
     but do not apply to such units assisted under section 
     8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units 
     assisted with capital or operating funds under section 9 of 
     the United States Housing Act of 1937 (42 U.S.C. 1437g).
       (c) Corrections of Deficiencies.--
       (1) The Secretary shall notify the owner and provide an 
     opportunity for response within 30 days. If the violations 
     remain, the Secretary shall develop a Compliance, Disposition 
     and Enforcement Plan within 60 days and must provide the 
     owner with a Notice of Default with a specified timetable, 
     determined by the Secretary, for correcting all deficiencies. 
     The Secretary must also provide a copy of the Notice of 
     Default to the tenants, the local government, any mortgagees, 
     and any contract administrator. If the owner's appeal results 
     in a UPCS score of 60 or above, the Secretary may withdraw 
     the Notice of Default.
       (2) At the end of the time period for correcting all 
     deficiencies specified in the Notice of Default, if the owner 
     fails to fully correct such deficiencies, the Secretary may--
       (A) require immediate replacement of project management 
     with a management agent approved by the Secretary;
       (B) impose civil money penalties, which shall be used 
     solely for the purpose of supporting safe and sanitary 
     conditions at applicable properties, as designated by the 
     Secretary, with priority given to the tenants of the property 
     affected by the penalty;
       (C) abate the section 8 contract, including partial 
     abatement, as determined by the Secretary, until all 
     deficiencies have been corrected;
       (D) pursue transfer of the project to an owner, approved by 
     the Secretary under established procedures, which will be 
     obligated to promptly make all required repairs and to accept 
     renewal of the assistance contract as long as such renewal is 
     offered;
       (E) transfer the existing section 8 contract to another 
     project or projects and owner or owners;
       (F) pursue exclusionary sanctions, including suspensions or 
     debarments from Federal programs;
       (G) seek judicial appointment of a receiver to manage the 
     property and cure all project deficiencies or seek a judicial 
     order of specific performance requiring the owner to cure all 
     project deficiencies;
       (H) work with the owner, lender, or other related party to 
     stabilize the property in an attempt to preserve the property 
     through compliance, transfer of ownership, or an infusion of 
     capital provided by a third-party that requires time to 
     effectuate; or
       (I) take any other regulatory or contractual remedies 
     available as deemed necessary and appropriate by the 
     Secretary.
       (d) The Secretary shall also take appropriate steps to 
     ensure that project-based contracts remain in effect, subject 
     to the exercise of contractual abatement remedies to assist 
     relocation of tenants for major threats to health and safety 
     after written notice to and informed consent of the affected 
     tenants and use of other remedies set forth above. To the 
     extent the Secretary determines, in consultation with the 
     tenants and the local government, that the property is not 
     feasible for continued rental assistance payments under such 
     section 8 or other programs, based on consideration of (1) 
     the costs of rehabilitating and operating the property and 
     all available Federal, State, and local resources, including 
     rent adjustments under section 524 of the Multifamily 
     Assisted Housing Reform and Affordability Act of 1997 
     (``MAHRAA'')

[[Page 6160]]

     and (2) environmental conditions that cannot be remedied in a 
     cost-effective fashion, the Secretary may, in consultation 
     with the tenants of that property, contract for project-based 
     rental assistance payments with an owner or owners of other 
     existing housing properties, or provide other rental 
     assistance.
       (e) The Secretary shall report quarterly on all properties 
     covered by this section that are assessed through the Real 
     Estate Assessment Center and have UPCS physical inspection 
     scores of less than 60 or have received an unsatisfactory 
     management and occupancy review within the past 36 months. 
     The report shall include--
       (1) the enforcement actions being taken to address such 
     conditions, including imposition of civil money penalties and 
     termination of subsidies, and identify properties that have 
     such conditions multiple times;
       (2) actions that the Department of Housing and Urban 
     Development is taking to protect tenants of such identified 
     properties; and
       (3) any administrative or legislative recommendations to 
     further improve the living conditions at properties covered 
     under a housing assistance payment contract.

                          ____________________