Amendment Text: S.Amdt.2286 — 113th Congress (2013-2014)

There is one version of the amendment.

Shown Here:
Amendment as Submitted (11/19/2013)

This Amendment appears on page S8261 in the following article from the Congressional Record.



[Pages S8202-S8289]
                           TEXT OF AMENDMENTS

  SA 2148. Mr. BENNET (for himself, Mr. Coburn, Mr. Carper, and Ms. 
Ayotte) submitted an amendment intended to be proposed by him to the 
bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 93, strike lines 17 through 19, and insert the 
     following:

     SEC. 334. FEDERAL DATA CENTER CONSOLIDATION.

       (a) Short Title.--This section may be cited as the ``Data 
     Center Consolidation Act of 2013''.
       (b) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator for the Office of E-Government and Information 
     Technology within the Office of Management and Budget.
       (2) Covered agency.--The term ``covered agency'' means the 
     following (including all associated components of the 
     agency):
       (A) Department of Agriculture;
       (B) Department of Commerce;
       (C) Department of Defense;
       (D) Department of Education;
       (E) Department of Energy;
       (F) Department of Health and Human Services;
       (G) Department of Homeland Security;
       (H) Department of Housing and Urban Development;
       (I) Department of the Interior;
       (J) Department of Justice;
       (K) Department of Labor;
       (L) Department of State;
       (M) Department of Transportation;
       (N) Department of Treasury;
       (O) Department of Veterans Affairs;
       (P) Environmental Protection Agency;
       (Q) General Services Administration;
       (R) National Aeronautics and Space Administration;
       (S) National Science Foundation;
       (T) Nuclear Regulatory Commission;
       (U) Office of Personnel Management;
       (V) Small Business Administration;
       (W) Social Security Administration; and
       (X) United States Agency for International Development.
       (3) FDCCI.--The term ``FDCCI'' means the Federal Data 
     Center Consolidation Initiative described in the Office of 
     Management and Budget Memorandum on the Federal Data Center 
     Consolidation Initiative, dated February 26, 2010, or any 
     successor thereto.
       (4) Government-wide data center consolidation and 
     optimization metrics.--The term ``Government-wide data center 
     consolidation and optimization metrics'' means the metrics 
     established by the Administrator under subsection (c)(2)(G).
       (c) Federal Data Center Consolidation Inventories and 
     Strategies.--
       (1) In general.--
       (A) Annual reporting.--Each year, beginning in the first 
     fiscal year after the date of enactment of this Act and each 
     fiscal year thereafter, the head of each covered agency, 
     assisted by the Chief Information Officer of the agency, 
     shall submit to the Administrator--
       (i) a comprehensive inventory of the data centers owned, 
     operated, or maintained by or on behalf of the agency; and
       (ii) a multi-year strategy to achieve the consolidation and 
     optimization of the data centers inventoried under clause 
     (i), that includes--

       (I) performance metrics--

       (aa) that are consistent with the Government-wide data 
     center consolidation and optimization metrics; and
       (bb) by which the quantitative and qualitative progress of 
     the agency toward the goals of the FDCCI can be measured;

       (II) a timeline for agency activities to be completed under 
     the FDCCI, with an emphasis on benchmarks the agency can 
     achieve by specific dates;
       (III) year-by-year calculations of investment and cost 
     savings for the period beginning on the date of enactment of 
     this Act and ending on the date described in subsection (f), 
     broken down by each year, including a description of any 
     initial costs for data center consolidation and optimization 
     and life cycle cost savings and other improvements, with an 
     emphasis on--

       (aa) meeting the Government-wide data center consolidation 
     and optimization metrics; and

[[Page S8203]]

       (bb) demonstrating the amount of agency-specific cost 
     savings each fiscal year achieved through the FDCCI; and

       (IV) any additional information required by the 
     Administrator.

       (B) Use of other reporting structures.--The Administrator 
     may require a covered agency to include the information 
     required to be submitted under this subsection through 
     reporting structures determined by the Administrator to be 
     appropriate.
       (C) Statement.--Each year, beginning in the first fiscal 
     year after the date of enactment of this Act and each fiscal 
     year thereafter, the head of each covered agency, acting 
     through the Chief Information Officer of the agency, shall--
       (i)(I) submit a statement to the Administrator stating 
     whether the agency has complied with the requirements of this 
     section; and
       (II) make the statement submitted under subclause (I) 
     publically available; and
       (ii) if the agency has not complied with the requirements 
     of this section, submit a statement to the Administrator 
     explaining the reasons for not complying with such 
     requirements.
       (D) Agency implementation of strategies.--Each covered 
     agency, under the direction of the Chief Information Officer 
     of the agency, shall--
       (i) implement the strategy required under subparagraph 
     (A)(ii); and
       (ii) provide updates to the Administrator, on a quarterly 
     basis, of --

       (I) the completion of activities by the agency under the 
     FDCCI;
       (II) any progress of the agency towards meeting the 
     Government-wide data center consolidation and optimization 
     metrics; and
       (III) the actual cost savings and other improvements 
     realized through the implementation of the strategy of the 
     agency.

       (E) Rule of construction.--Nothing in this section shall be 
     construed to limit the reporting of information by a covered 
     agency to the Administrator, the Director of the Office of 
     Management and Budget, or Congress.
       (2) Administrator responsibilities.--The Administrator 
     shall--
       (A) establish the deadline, on an annual basis, for covered 
     agencies to submit information under this section;
       (B) establish a list of requirements that the covered 
     agencies must meet to be considered in compliance with 
     paragraph (1);
       (C) ensure that information relating to agency progress 
     towards meeting the Government-wide data center consolidation 
     and optimization metrics is made available in a timely manner 
     to the general public;
       (D) review the inventories and strategies submitted under 
     paragraph (1) to determine whether they are comprehensive and 
     complete;
       (E) monitor the implementation of the data center strategy 
     of each covered agency that is required under paragraph 
     (1)(A)(ii);
       (F) update, on an annual basis, the cumulative cost savings 
     realized through the implementation of the FDCCI; and
       (G) establish metrics applicable to the consolidation and 
     optimization of data centers Government-wide, including 
     metrics with respect to--
       (i) costs;
       (ii) efficiencies, including at least server efficiency; 
     and
       (iii) any other metrics the Administrator establishes under 
     this subparagraph.
       (3) Cost saving goal and updates for congress.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall develop, and 
     make publically available, a goal, broken down by year, for 
     the amount of planned cost savings and optimization 
     improvements achieved through the FDCCI during the period 
     beginning on the date of enactment of this Act and ending on 
     the date described in subsection (f).
       (B) Annual update.--
       (i) In general.--Not later than 1 year after the date on 
     which the goal described in subparagraph (A) is made 
     publically available, and each year thereafter, the 
     Administrator shall aggregate the reported cost savings of 
     each covered agency and optimization improvements achieved to 
     date through the FDCCI and compare the savings to the 
     projected cost savings and optimization improvements 
     developed under subparagraph (A).
       (ii) Update for congress.--The goal required to be 
     developed under subparagraph (A) shall be submitted to 
     Congress and shall be accompanied by a statement describing--

       (I) whether each covered agency has in fact submitted a 
     comprehensive asset inventory, including an assessment broken 
     down by agency, which shall include the specific numbers, 
     utilization, and efficiency level of data centers; and
       (II) whether each covered agency has submitted a 
     comprehensive consolidation strategy with the key elements 
     described in paragraph (1)(A)(ii).

       (4) GAO review.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, and each year thereafter, the 
     Comptroller General of the United States shall review and 
     verify the quality and completeness of the asset inventory 
     and strategy of each covered agency required under paragraph 
     (1)(A).
       (B) Report.--The Comptroller General of the United States 
     shall, on an annual basis, publish a report on each review 
     conducted under subparagraph (A).
       (d) Ensuring Cybersecurity Standards for Data Center 
     Consolidation and Cloud Computing.--
       (1) In general.--In implementing a data center 
     consolidation and optimization strategy under this section, a 
     covered agency shall do so in a manner that is consistent 
     with Federal guidelines on cloud computing security, 
     including--
       (A) applicable provisions found within the Federal Risk and 
     Authorization Management Program (FedRAMP); and
       (B) guidance published by the National Institute of 
     Standards and Technology.
       (2) Rule of construction.--Nothing in this section shall be 
     construed to limit the ability of the Director of the Office 
     of Management and Budget to update or modify the Federal 
     guidelines on cloud computing security.
       (e) Waiver of Disclosure Requirements.--The Director of 
     National Intelligence may waive the applicability to any 
     element (or component of an element) of the intelligence 
     community of any provision of this section if the Director of 
     National Intelligence determines that such waiver is in the 
     interest of national security. Not later than 30 days after 
     making a waiver under this subsection, the Director of 
     National Intelligence shall submit to the Committee on 
     Homeland Security and Governmental Affairs and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     Oversight and Government Reform and the Permanent Select 
     Committee on Intelligence of the House of Representatives a 
     statement describing the waiver and the reasons for the 
     waiver.
       (f) Sunset.--This section is repealed effective on October 
     1, 2018.

     SEC. 335. MODIFICATION OF ANNUAL CORROSION CONTROL AND 
                   PREVENTION REPORTING REQUIREMENTS.

                                 ______
                                 
  SA 2149. Mrs. HAGAN submitted an amendment intended to be proposed by 
her to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1066. REPORT ON DEPARTMENT OF DEFENSE SUPPORT OF CANINES 
                   USED IN STAND-OFF DETECTION OF EXPLOSIVES AND 
                   EXPLOSIVES PRECURSORS.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics shall submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report on the plans of the Department of 
     Defense to develop and maintain the capability and 
     infrastructure required to support canines used for stand-off 
     detection of explosives and explosives precursors to support 
     combat, combat support, and combat service support dismounted 
     forces.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the plans of the Department, and each 
     Armed Force, to develop and maintain the capability and 
     infrastructure required to support canines for stand-off 
     detection of explosives and explosives precursors to support 
     combat, combat support, and combat service support dismounted 
     forces.
       (2) A specification of each of the following:
       (A) The acquisition, production, and procurement process 
     for canines for stand-off detection of explosives and 
     explosives precursors.
       (B) The testing and evaluation procedures of the Department 
     to ensure that canines reach or exceed current detection 
     capabilities and standards for detection canines with respect 
     to explosives and explosives precursors.
       (C) The timeframe for procuring, training, and certifying 
     canines capable of providing stand-off detection of 
     explosives and explosives precursors in the event of a surge 
     requirement.
       (3) A description of the plans of the Department to 
     continue research and development in the field of improvised 
     explosive device (IED) detection for dismounted forces using 
     canines for stand-off detection of explosives and explosives 
     precursors.
       (4) A description of the technologies, if any, capable of 
     replacing canines as a stand-off detection of explosives and 
     explosives precursors capability for dismounted forces that 
     will be or are expected to be available during the 2-year 
     period beginning on the date of the report.
       (5) A description of the current work of the Department 
     with other Federal, State, and local agencies, institutions 
     of higher education, nonprofit organizations, other elements 
     of the private sector, and international allies in the 
     research, development, training, and coordination of the use 
     of canines for stand-off detection of explosives and 
     explosives precursors.
                                 ______
                                 
  SA 2150. Mrs. HAGAN (for herself and Mr. Coburn) submitted an 
amendment intended to be proposed by her to the

[[Page S8204]]

bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XI, add the following:

     SEC. 1109. LIMITATION ON PAY INCREASE OR BONUSES FOR FOREIGN 
                   NATIONALS EMPLOYED BY THE DEPARTMENT OF 
                   DEFENSE.

       (a) In General.--Except as provided in subsection (b), and 
     notwithstanding any other provision of law, the Secretary of 
     Defense may not increase the pay of any foreign national 
     employed by the Department of Defense, or pay such a foreign 
     national any employment-related bonus or award, until the 
     later of--
       (1) the effective date of the first adjustment under 
     section 5303 of title 5, United States Code made after the 
     date of enactment of this Act; or
       (2) the date on which the Secretary of Defense determines 
     that the discretionary spending limit under the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900 et seq.) for the revised security category (as defined 
     under section 251A(1) of such Act (2 U.S.C. 901a(1))) for the 
     fiscal year during which the determination is made, and each 
     fiscal year thereafter through fiscal year 2021, has been 
     increased by an Act of Congress over the otherwise applicable 
     discretionary spending limit, which shall be based on the 
     amounts of such discretionary spending limits after the 
     application of each calculation, reduction, and other 
     adjustment required under section 251A of such Act.
       (b) Waiver.--The Secretary of Defense may waive the 
     limitation under subsection (a), in whole or in part, if the 
     Secretary determines the waiver is in the interest of 
     national security.
                                 ______
                                 
  SA 2151. Mrs. HAGAN (for herself, Mr. Udall of Colorado, Mr. Baucus, 
Mr. Wyden, and Mr. Nelson) submitted an amendment intended to be 
proposed by her to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 529. MINIMUM AMOUNTS OF EXPENDITURES ON TUITION 
                   ASSISTANCE PROGRAMS FOR MEMBERS OF THE ARMED 
                   FORCES DURING FISCAL YEAR 2014.

       The minimum amount used by the Secretary of a military 
     department for tuition assistance for members of an Armed 
     Force under the jurisdiction of that Secretary during fiscal 
     year 2014 shall be not less than--
       (1) the amount authorized to be appropriated for fiscal 
     year 2014 by this Act for tuition assistance programs for 
     members of that Armed Force, minus
       (2) an amount that is not more than the percentage of the 
     reduction required to the Operation and Maintenance account 
     for that Armed Force for fiscal year 2014 by the budget 
     sequester required by section 251A of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
                                 ______
                                 
  SA 2152. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 3119. MODIFICATION OF SUBMITTAL DATE OF COMPTROLLER 
                   GENERAL OF THE UNITED STATES REPORT ON THE 
                   PROGRAM ON SCIENTIFIC ENGAGEMENT FOR 
                   NONPROLIFERATION.

       Section 3122 of the National Defense Authorization Act for 
     Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2176; 50 
     U.S.C. 2562) is amended--
       (1) in subsection (b)(1), by inserting ``, and to the 
     Comptroller General of the United States,'' after ``the 
     appropriate congressional committees''; and
       (2) in subsection (e)(1), by striking ``two years after the 
     date of the enactment of this Act'' and inserting ``18 months 
     after the date of the submittal of the report described in 
     subsection (b)(1)''.
                                 ______
                                 
  SA 2153. Mr. DONNELLY submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1237. REPORT ON ACTIVITIES BEING UNDERTAKEN BY THE 
                   PEOPLE'S REPUBLIC OF CHINA TO SUSTAIN THE 
                   ECONOMY OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF 
                   KOREA.

       (a) Report Required.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a report on the activities 
     being undertaken by the People's Republic of China to sustain 
     the economy of the Democratic People's Republic of Korea.
       (2) Elements.--The report shall include the following:
       (A) A description of the activities of the People's 
     Liberation Army (PLA) and Politburo members of the People's 
     Republic of China in government and non-government bilateral 
     trade, banking, investment, economic development, and 
     infrastructure projects between the People's Republic of 
     China and the Democratic People's Republic of Korea at the 
     national, provincial, and local level.
       (B) A description of the financial resources, transactions, 
     and structures of the entities and individuals of the 
     People's Republic of China engaged in the activities 
     described under subparagraph (A).
       (C) An assessment of the impact of the activities described 
     under subparagraph (A) on the weapons of mass destruction 
     program and the ballistic missile program of the Democratic 
     People's Republic of Korea.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 2154. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 27, strike lines 23 and 24 and insert the 
     following:
     181; 122 Stat. 32), is amended by inserting ``conventional'' 
     after ``common''.
       (b) Limitation.--No modification of B-52 aircraft for the 
     purpose of complying with the terms of the New START Treaty 
     MAY be made until the Secretary of Defense submits to 
     Congress the report required under section 1042(a) of the 
     National Defense Authorization Act of Fiscal Year 2012 
     (Public Law 112-81; 125 Stat. 1575).
       (c) New START Treaty Defined.--In this section, the term 
     ``New START Treaty'' means the Treaty between the United 
     States of America and the Russian Federation on Measures for 
     the Further Reduction and Limitation of Strategic Offensive 
     Arms, signed on April 8, 2010, and entered into force on 
     February 5, 2011.
                                 ______
                                 
  SA 2155. Mr. COBURN (for himself, Mr. Manchin, Mr. Grassley, Mr. 
Paul, Mr. Chambliss, Mr. Johnson of Wisconsin, Mr. Cornyn, Mr. Wyden, 
and Ms. Ayotte) submitted an amendment intended to be proposed by him 
to the bill S. 1197, to authorize appropriations for fiscal year 2014 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division A, add the following:

             TITLE XVI--AUDIT OF THE DEPARTMENT OF DEFENSE

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``Audit the Pentagon Act of 
     2013''.

     SEC. 1602. FINDINGS.

       Congress makes the following findings:
       (1) Section 9 of Article I of the Constitution of the 
     United States requires all agencies of the Federal 
     Government, including the Department of Defense, to publish 
     ``a regular statement and account of the receipts and 
     expenditures of all public money''.
       (2) Section 3515 of title 31, United States Code, requires 
     the agencies of the Federal Government, including the 
     Department of Defense, to present auditable financial 
     statements beginning not later than March 1, 1997. The 
     Department has not complied with this law.
       (3) The Federal Financial Management Improvement Act of 
     1996 (31 U.S.C. 3512 note) requires financial systems 
     acquired by the Federal Government, including the Department 
     of Defense, to be able to provide information to leaders to 
     manage and control the cost of Government. The Department has 
     not complied with this law.

[[Page S8205]]

       (4) The financial management of the Department of Defense 
     has been on the ``High-Risk'' list of the Government 
     Accountability Office, which means that the Department is not 
     consistently able to ``control costs; ensure basic 
     accountability; anticipate future costs and claims on the 
     budget; measure performance; maintain funds control; [and] 
     prevent and detect fraud, waste, and abuse''.
       (5) The National Defense Authorization Act for Fiscal Year 
     2002 (Public Law 107-107) requires the Secretary of Defense 
     to report to Congress annually on the reliability of the 
     financial statements of the Department of Defense, to 
     minimize resources spent on producing unreliable financial 
     statements, and to use resources saved to improve financial 
     management policies, procedures, and internal controls.
       (6) In 2005, the Department of Defense created a Financial 
     Improvement and Audit Readiness (FIAR) Plan, overseen by a 
     directorate within the office of the Under Secretary of 
     Defense (Comptroller), to improve Department business 
     processes with the goal of producing timely, reliable, and 
     accurate financial information that could generate an audit-
     ready annual financial statement. In December 2005, that 
     directorate, known as the FIAR Directorate, issued the first 
     of a series of semiannual reports on the status of the 
     Financial Improvement and Audit Readiness Plan.
       (7) The National Defense Authorization Act for Fiscal Year 
     2010 (Public Law 111-84) requires regular status reports on 
     the Financial Improvement and Audit Readiness Plan described 
     in paragraph (6), and codified as a statutory requirement the 
     goal of the Plan in ensuring that Department of Defense 
     financial statements are validated as ready for audit not 
     later than September 30, 2017. In addition, the National 
     Defense Authorization Act for Fiscal Year 2013 (Public Law 
     112-239) requires that the statement of budgetary resources 
     of the Department of Defense be validated as ready for audit 
     by not later than September 30, 2014.
       (8) At a September 2010 hearing of the Senate, the 
     Government Accountability Office stated that past 
     expenditures by the Department of Defense of $5,800,000,000 
     to improve financial information, and billions of dollars 
     more of anticipated expenditures on new information 
     technology systems for that purpose, may not suffice to 
     achieve full audit readiness of the financial statement of 
     the Department. At that hearing, the Government 
     Accountability Office could not predict when the Department 
     would achieve full audit readiness of such statements.
       (9) At a 2013 hearing of the Senate, Secretary of Defense 
     Chuck Hagel affirmed his commitment to audit-ready budget 
     statements for the Department of Defense by the end of 2014, 
     and stated that he ``will do everything he can to fulfill 
     this commitment''. At that hearing, Secretary Hagel noted 
     that auditable financial statements were essential to the 
     Department not only for improving the quality of its 
     financial information, but also for reassuring the public and 
     Congress that it is a good steward of public funds.

     SEC. 1603. CESSATION OF APPLICABILITY OF REPORTING 
                   REQUIREMENTS REGARDING THE FINANCIAL STATEMENTS 
                   OF THE DEPARTMENT OF DEFENSE.

       (a) Cessation of Applicability.--
       (1) Military departments.--The financial statements of a 
     military department shall cease to be covered by the 
     reporting requirements specified in subsection (b) upon the 
     issuance of an unqualified audit opinion on such financial 
     statements.
       (2) Department of defense.--The reporting requirements 
     specified in subsection (b) shall cease to be effective when 
     an unqualified audit opinion is issued on the financial 
     statements of the Department of Defense, including each of 
     the military departments and the other reporting entities 
     defined by the Office of Management and Budget.
       (b) Reporting Requirements.--The reporting requirements 
     specified in this subsection are the following:
       (1) The requirement for annual reports in section 892(b) of 
     the Ike Skelton National Defense Authorization Act for Fiscal 
     Year 2011 (Public Law 111-383; 124 Stat. 4311; 10 U.S.C. 
     2306a note).
       (2) The requirement for semi-annual reports in section 
     1003(b) of the National Defense Authorization Act for Fiscal 
     Year 2010 (Public Law 111-84; 123 Stat. 2440; 10 U.S.C. 2222 
     note).
       (3) The requirement for annual reports in section 817(d) of 
     the Bob Stump National Defense Authorization Act for Fiscal 
     Year 2003 (10 U.S.C. 2306a note).
       (4) The requirement for annual reports in section 1008(a) 
     of the National Defense Authorization Act for Fiscal Year 
     2002 (Public Law 107-107; 115 Stat. 1204; 10 U.S.C. 113 
     note).
       (5) The requirement for periodic reports in section 908(b) 
     of the Defense Acquisition Improvement Act of 1986 (Public 
     Law 99-500; 100 Stat. 1783-140; 10 U.S.C. 2326 note) and 
     duplicate requirements as provided for in section 6 of the 
     Defense Technical Corrections Act of 1987 (Public Law 100-26; 
     101 Stat. 274; 10 U.S.C. 2302 note).

     SEC. 1604. ENHANCED REPROGRAMMING AUTHORITY FOLLOWING 
                   ACHIEVEMENT BY DEPARTMENT OF DEFENSE AND 
                   MILITARY DEPARTMENTS OF AUDIT WITH UNQUALIFIED 
                   OPINION OF STATEMENT OF BUDGETARY RESOURCES FOR 
                   FISCAL YEARS AFTER FISCAL YEAR 2014.

       (a) Department of Defense Generally.--Subject to section 
     1606(1), if the Department of Defense obtains an audit with 
     an unqualified opinion on its statement of budgetary 
     resources for any fiscal year after fiscal year 2014, the 
     limitation on the total amount of authorizations that the 
     Secretary of Defense may transfer pursuant to general 
     transfer authority available to the Secretary in the national 
     interest in the succeeding fiscal year shall be 
     $8,000,000,000.
       (b) Military Departments, Defense Agencies, and Defense 
     Field Activities.--Subject to section 1607(a), if a military 
     department, Defense Agency, or defense field activity obtains 
     an audit with an unqualified opinion on its statement of 
     budgetary resources for any fiscal year after fiscal year 
     2014, the thresholds for reprogramming of funds of such 
     military department, Defense Agency, or defense field 
     activity, as the case may be, without prior notice to 
     Congress for the succeeding fiscal year shall be deemed to be 
     the thresholds as follows:
       (1) In the case of an increase or decrease to the program 
     base amount for a procurement program, $60,000,000.
       (2) In the case of an increase or decrease to the program 
     base amount for a research program, $30,000,000.
       (3) In the case of an increase or decrease to the amount 
     for a budget activity for operation and maintenance, 
     $45,000,000.
       (4) In the case of an increase or decrease to the amount 
     for a budget activity for military personnel, $30,000,000.
       (c) Construction.--Nothing in this section shall be 
     construed to alter or revise any requirement (other than a 
     threshold amount) for notice to Congress on transfers covered 
     by subsection (a) or reprogrammings covered by subsection (b) 
     under any other provision of law.
       (d) Definitions.--In this section, the terms ``program base 
     amount'', ``procurement program'', ``research program'', and 
     ``budget activity'' have the meanings given such terms in 
     chapter 6 of volume 3 of the Financial Management Regulation 
     of the Department of Defense (DoD 7000.14R), dated March 
     2011, or any successor document.

     SEC. 1605. FAILURE TO OBTAIN AUDITS WITH UNQUALIFIED OPINION 
                   OF FISCAL YEAR 2015 GENERAL FUND STATEMENT OF 
                   BUDGETARY RESOURCES OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) In General.--If the Department of Defense fails to 
     obtain an audit with an unqualified opinion on its general 
     fund statement of budgetary resources for fiscal year 2015 by 
     December 31, 2015, the following shall take effect on January 
     1, 2016:
       (1) Additional qualifications and duties of usd 
     (comptroller).--
       (A) Qualifications.--Any individual nominated for 
     appointment to the position of Under Secretary of Defense 
     (Comptroller) under section 135 of title 10, United States 
     Code, shall be an individual who has served--
       (i) as the chief financial officer or equivalent position 
     of a Federal or State agency that has received an audit with 
     an unqualified opinion on such agency's financial statements 
     during the time of such individual's service; or
       (ii) as the chief financial officer or equivalent position 
     of a public company that has received an audit with an 
     unqualified opinion on such company's financial statements 
     during the time of such individual's service.
       (B) Duties and powers.--The duties and powers of the 
     individual serving as Under Secretary of Defense 
     (Comptroller) shall include, in addition to the duties and 
     powers specified in section 135(c) of title 10, United States 
     Code, such duties and powers with respect to the financial 
     management of the Department of Defense as the Deputy 
     Secretary of Defense (acting in the capacity of Chief 
     Management Officer of the Department of Defense) or a 
     successor official in the Department of Defense (acting in 
     such capacity) may prescribe.
       (2) Additional qualifications and responsibilities of asa 
     for financial management.--
       (A) Qualifications.--Any individual nominated for 
     appointment to the position of Assistant Secretary of the 
     Army for Financial Management under section 3016 of title 10, 
     United States Code, shall be an individual who has served--
       (i) as the chief financial officer or equivalent position 
     of a Federal or State agency that has received an audit with 
     an unqualified opinion on such agency's financial statements 
     during the time of such individual's service; or
       (ii) as the chief financial officer or equivalent position 
     of a public company that has received an audit with an 
     unqualified opinion on such company's financial statements 
     during the time of such individual's service.
       (B) Responsibilities.--The responsibilities of the 
     individual serving as Assistant Secretary of the Army for 
     Financial Management shall include, in addition to the 
     responsibilities specified in section 3016(b)(4) of title 10, 
     United States Code, such responsibilities as the Deputy 
     Secretary of Defense (acting in the capacity of Chief 
     Management Officer of the Department of Defense) or a 
     successor official in the Department of Defense (acting in 
     such capacity) may prescribe.
       (3) Additional qualifications and responsibilities of asn 
     for financial management.--
       (A) Qualifications.--Any individual nominated for 
     appointment to the position of Assistant Secretary of the 
     Navy for Financial Management under section 5016 of title 10,

[[Page S8206]]

     United States Code, shall be an individual who has served--
       (i) as the chief financial officer or equivalent position 
     of a Federal or State agency that has received an audit with 
     an unqualified opinion on such agency's financial statements 
     during the time of such individual's service; or
       (ii) as the chief financial officer or equivalent position 
     of a public company that has received an audit with an 
     unqualified opinion on such company's financial statements 
     during the time of such individual's service.
       (B) Responsibilities.--The responsibilities of the 
     individual serving as Assistant Secretary of the Navy for 
     Financial Management shall include, in addition to the 
     responsibilities specified in section 5016(b)(4) of title 10, 
     United States Code, such responsibilities as the Deputy 
     Secretary of Defense (acting in the capacity of Chief 
     Management Officer of the Department of Defense) or a 
     successor official in the Department of Defense (acting in 
     such capacity) may prescribe.
       (4) Additional qualifications and responsibilities of asaf 
     for financial management.--
       (A) Qualifications.--Any individual nominated for 
     appointment to the position of Assistant Secretary of the Air 
     Force for Financial Management under section 8016 of title 
     10, United States Code, shall be an individual who has 
     served--
       (i) as the chief financial officer or equivalent position 
     of a Federal or State agency that has received an audit with 
     an unqualified opinion on such agency's financial statements 
     during the time of such individual's service; or
       (ii) as the chief financial officer or equivalent position 
     of a public company that has received an audit with an 
     unqualified opinion on such company's financial statements 
     during the time of such individual's service.
       (B) Responsibilities.--The responsibilities of the 
     individual serving as Assistant Secretary of the Air Force 
     for Financial Management shall include, in addition to the 
     responsibilities specified in section 8016(b)(4) of title 10, 
     United States Code, such responsibilities as the Deputy 
     Secretary of Defense (acting in the capacity of Chief 
     Management Officer of the Department of Defense) or a 
     successor official in the Department of Defense (acting in 
     such capacity) may prescribe.
       (b) Public Company Defined.--In this section, the term 
     ``public company'' has the meaning given the term ``issuer'' 
     in section 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 
     U.S.C. 7201(a)(7)).

     SEC. 1606. FAILURE OF THE DEPARTMENT OF DEFENSE TO OBTAIN 
                   AUDITS WITH UNQUALIFIED OPINION OF FISCAL YEAR 
                   2018 FINANCIAL STATEMENTS.

       If the Department of Defense fails to obtain an audit with 
     an unqualified opinion on its general fund statement of 
     budgetary resources for fiscal year 2018 by December 31, 
     2018:
       (1) Permanent cessation of enhanced general transfer 
     authority.--Effective as of January 1, 2019, the authority in 
     section 1604(a) shall cease to be available to the Department 
     of Defense for fiscal year 2018 and any fiscal year 
     thereafter.
       (2) Reorganization of responsibilities of chief management 
     officer.--Effective as of April 1, 2019:
       (A) Position of chief management officer.--Section 132a of 
     title 10, United States Code, is amended to read as follows:

     ``Sec. 132a. Chief Management Officer

       ``(a) In General.--(1) There is a Chief Management Officer 
     of the Department of Defense, appointed from civilian life by 
     the President, by and with the advice and consent of the 
     Senate.
       ``(2) Any individual nominated for appointment as Chief 
     Management Officer shall be an individual who has--
       ``(A) extensive executive level leadership and management 
     experience in the public or private sector;
       ``(B) strong leadership skills;
       ``(C) a demonstrated ability to manage large and complex 
     organizations; and
       ``(D) a proven record in achieving positive operational 
     results.
       ``(b) Powers and Duties.--The Chief Management Officer 
     shall perform such duties and exercise such powers as the 
     Secretary of Defense may prescribe.
       ``(c) Service as Chief Management Officer.--(1) The Chief 
     Management Officer is the Chief Management Officer of the 
     Department of Defense.
       ``(2) In serving as the Chief Management Officer of the 
     Department of Defense, the Chief Management Officer shall be 
     responsible for the management and administration of the 
     Department of Defense with respect to the following:
       ``(A) The expenditure of funds, accounting, and finance.
       ``(B) Procurement, including procurement of any enterprise 
     resource planning (ERP) system and any information technology 
     (IT) system that is a financial feeder system, human 
     resources system, or logistics system.
       ``(C) Facilities, property, nonmilitary equipment, and 
     other resources.
       ``(D) Strategic planning, annual performance planning, and 
     identification and tracking of performance measures.
       ``(E) Internal audits and management analyses of the 
     programs and activities of the Department, including the 
     Defense Contract Audit Agency.
       ``(F) Such other areas or matters as the Secretary of 
     Defense may designate.
       ``(3) The head of the Defense Contract Audit Agency shall 
     be under the supervision of, and shall report directly to, 
     the Chief Management Officer.
       ``(d) Precedence.--The Chief Management Officer takes 
     precedence in the Department of Defense after the Secretary 
     of Defense and the Deputy Secretary of Defense.''.
       (B) Conforming amendments.--
       (i) Section 131(b) of title 10, United States Code, is 
     amended--

       (I) by striking paragraph (3);
       (II) by redesignating paragraph (2) as paragraph (3); and
       (III) by inserting after paragraph (1) the following new 
     paragraph (2):

       ``(2) The Chief Management Officer of the Department of 
     Defense.''.
       (ii) Section 132 of such title is amended--

       (I) by striking subsection (c); and
       (II) by redesignating subsections (d) and (e) as 
     subsections (c) and (d), respectively.

       (iii) Section 133(e)(1) of such title is amended by 
     striking ``and the Deputy Secretary of Defense'' and 
     inserting ``, the Deputy Secretary of Defense, and the Chief 
     Management Officer of the Department of Defense''.
       (iv) Such title is further amended by inserting ``the Chief 
     Management Officer of the Department of Defense,'' after 
     ``the Deputy Secretary of Defense,'' each place it appears in 
     the provisions as follows:

       (I) Section 133(e)(2).
       (II) Section 134(c).

       (v) Section 137a(d) of such title is amended by striking 
     ``the Secretaries of the military departments,'' and all that 
     follows and inserting ``the Chief Management Officer of the 
     Department of Defense, the Secretaries of the military 
     departments, and the Under Secretaries of Defense.''.
       (vi) Section 138(d) of such title is amended by striking 
     ``the Secretaries of the military departments,'' and all that 
     follows through the period and inserting ``the Chief 
     Management Officer of the Department of Defense, the 
     Secretaries of the military departments, the Under 
     Secretaries of Defense, and the Director of Defense Research 
     and Engineering.''.
       (C) Clerical amendment.--The table of sections at the 
     beginning of chapter 4 of such title is amended by striking 
     the item relating to section 132a and inserting the following 
     new item:

``132a. Chief Management Officer.''.
       (D) Executive schedule.--Section 5313 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``Chief Management Officer of the Department of Defense.''.
       (E) Reference in law.--Any reference in any provision of 
     law to the Chief Management Officer of the Department of 
     Defense shall be deemed to refer to the Chief Management 
     Officer of the Department of Defense under section 132a of 
     title 10, United States Code (as amended by this paragraph).
       (3) Jurisdiction of dfas.--Effective as of April 1, 2019:
       (A) Transfer to department of the treasury.--Jurisdiction 
     of the Defense Finance and Accounting Service (DFAS) is 
     transferred from the Department of Defense to the Department 
     of the Treasury.
       (B) Administration.--The Secretary of the Treasury shall 
     administer the Defense Finance and Accounting Service 
     following transfer under this paragraph through the Financial 
     Management Service of the Department of the Treasury.
       (C) Memorandum of understanding.--The Secretary of Defense 
     and the Secretary of the Treasury shall jointly enter into a 
     memorandum of understanding regarding the transfer of 
     jurisdiction of the Defense Finance and Accounting Service 
     under this paragraph. The memorandum of understanding shall 
     provide for the transfer of the personnel and other resources 
     of the Service to the Department of the Treasury and for the 
     assumption of responsibility for such personnel and resources 
     by the Department of the Treasury.
       (D) Construction.--Nothing in this paragraph shall be 
     construed as terminating, altering, or revising any 
     responsibilities or authorities of the Defense Finance and 
     Accounting Service (other than responsibilities and 
     authorities in connection with the exercise of jurisdiction 
     of the Service following transfer under this paragraph).

     SEC. 1607. FAILURE OF THE MILITARY DEPARTMENTS TO OBTAIN 
                   AUDITS WITH UNQUALIFIED OPINION OF FINANCIAL 
                   STATEMENTS FOR FISCAL YEARS AFTER FISCAL YEAR 
                   2017.

       (a) Permanent Cessation of Authorities on Reprogramming of 
     Funds.--If a military department fails to obtain an audit 
     with an unqualified opinion on its financial statements for 
     fiscal year 2018 by December 31, 2018, effective as of 
     January 1, 2019, the authorities in section 1604(b) shall 
     cease to be available to the military department for fiscal 
     year 2018 and any fiscal year thereafter.
       (b) Annual Prohibition on Expenditure of Funds for Certain 
     MDAPs Past Milestone B in Connection With Failure.--
       (1) Prohibition.--Effective for fiscal years after fiscal 
     year 2017, if a military department fails to obtain an audit 
     with an unqualified opinion on its financial statements for 
     any fiscal year, effective as of the date of the issuance of 
     the opinion on such audit, amounts available to the military 
     department for the following fiscal year may not be obligated 
     by the military department for a weapon or weapon system or 
     platform being acquired as a major defense acquisition 
     program for any activity beyond Milestone B

[[Page S8207]]

     approval unless such program has already achieved Milestone B 
     approval of the date of the issuance of the opinion on such 
     audit.
       (2) Definitions.--In this subsection:
       (A) The term ``major defense acquisition program'' has the 
     meaning given that term in section 2430 of title 10, United 
     States Code.
       (B) The term ``Milestone B approval'' has the meaning given 
     that term in section 2366(e)(7) of title 10, United States 
     Code.

     SEC. 1608. ENTERPRISE RESOURCE PLANNING.

       The Secretary of Defense shall amend the acquisition 
     guidance of the Department of Defense to provide for the 
     following:
       (1) The Defense Business System Management Committee may 
     not approve procurement of any Enterprise Resource Planning 
     (ERP) business system that is independently estimated to take 
     longer than three years to procure from initial obligation of 
     funds to full deployment and sustainment.
       (2) Any contract for the acquisition of an Enterprise 
     Resource Planning business system shall include a provision 
     authorizing termination of the contract at no cost to the 
     Government if procurement of the system takes longer than 
     three years from initial obligation of funds to full 
     deployment and sustainment.
       (3) Any implementation of an Enterprise Resource Planning 
     system shall comply with each of the following:
       (A) The current Business Enterprise Architecture 
     established by the Chief Management Officer of the Department 
     of Defense.
       (B) The provisions of section 2222 of title 10, United 
     States Code.
       (4) The Deputy Secretary of Defense (acting in the capacity 
     of Chief Management Officer of the Department of Defense) or 
     a successor official in the Department of Defense (acting in 
     such capacity) shall have the authority to replace any 
     program manager (whether in a military department or a 
     Defense Agency) for the procurement of an Enterprise Resource 
     Planning business system if procurement of the system takes 
     longer than three years from initial obligation of funds to 
     full deployment and sustainment.
       (5) Any integrator contract for the implementation of an 
     Enterprise Resource Planning business system shall only be 
     awarded to companies that have a history of successful 
     implementation of other Enterprise Resource Planning business 
     systems for the Federal Government (whether with the 
     Department of Defense or another department or agency of the 
     Federal Government), including meeting cost and schedule 
     goals.
                                 ______
                                 
  SA 2156. Mr. COBURN (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. USE OF FUNDS AVAILABLE FOR THE DEPARTMENT OF DEFENSE 
                   ONLY FOR DEFENSE-RELATED PURPOSES.

       (a) Elimination of Non-defense Spending.--Amounts 
     authorized to be appropriated by this Act may not be used for 
     a program, project, or activity if the Secretary of Defense 
     determines that the such program, project, or activity does 
     not serve a defense-related purpose.
       (b) Transfer of Duplicative Programs.--In the event the 
     Secretary of Defense determines that a program, project, or 
     activity of the Department of Defense duplicates, in whole or 
     in part, a program, project, or activity of another 
     department or agency of the Federal Government, the Secretary 
     shall transfer to the head of such department or agency 
     jurisdiction any part of such program, project, or activity 
     that is so duplicative.
       (c) Coordination on Non-defense-specific Research.--In the 
     event the Secretary of Defense determines that a program, 
     project, or activity of the Department of Defense involves 
     research or development that will benefit another department 
     or agency of the Federal Government, the Secretary shall 
     coordinate with the head of such department or agency and the 
     Director of the Office of Management and Budget on such 
     research and development in order to ensure that such 
     research and development is conducted in a manner which 
     provides maximum benefit to both the Department and such 
     department or agency.
                                 ______
                                 
  SA 2157. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 901 and insert the following:

     SEC. 901. UNDER SECRETARY OF DEFENSE FOR MANAGEMENT.

       (a) Conversion of Position of Deputy Chief Management 
     Officer to Position of Under Secretary of Defense for 
     Management.--
       (1) In general.--Chapter 4 of title 10, United States Code, 
     is amended--
       (A) by redesignating section 137a as section 137b; and
       (B) by inserting after section 137 the following new 
     section 137a:

     ``Sec. 137a. Under Secretary of Defense for Management

       ``(a) Appointment.--(1) There is an Under Secretary of 
     Defense for Management, appointed from civilian life by the 
     President, by and with the advice and consent of the Senate.
       ``(2) Any individual nominated for appointment to the 
     position of Under Secretary of Defense for Management shall--
       ``(A) have served in a senior executive level position with 
     operational responsibilities in a public company or a Federal 
     or State agency;
       ``(B) have demonstrated experience driving strategic 
     performance measures and leading the transformational efforts 
     of a large, complex organization; and
       ``(C) possess an educational background in business 
     administration, public administration.
       ``(b) Responsibility for Discharge of Certain.--(1) In 
     addition to the responsibilities specified in subsection (c), 
     the Under Secretary of Defense for Management is also the 
     following:
       ``(A) The Deputy Chief Management Officer of the Department 
     of Defense.
       ``(B) The Performance Improvement Officer of the Department 
     of Defense.
       ``(C) The Chief Information Officer of the Department of 
     Defense.
       ``(2) In the capacity of Chief Information Officer of the 
     Department of Defense, the Under Secretary of Defense for 
     Management shall exercise authority, direction, and control 
     over the Information Assurance Directorate of the National 
     Security Agency.
       ``(c) General Responsibilities.--The Under Secretary of 
     Defense for Management is responsible, subject to the 
     authority, direction, and control of the Secretary of Defense 
     and the Deputy Secretary of Defense in the role of the Deputy 
     Secretary as Chief Management Officer of the Department of 
     Defense, for--
       ``(1) supervising the management of the business operations 
     of the Department of Defense and adjudicating issues and 
     conflicts in functional do main business policies;
       ``(2) establishing business strategic planning and 
     performance management policies and the Department of Defense 
     Strategic Management Plan;
       ``(3) establishing business information technology 
     portfolio policies and overseeing investment management of 
     that portfolio for the Department of Defense; and
       ``(4) establishing end-to-end process and standards 
     policies and the Business Enterprise Architecture.
       ``(d) Precedence.--The Under Secretary of Defense for 
     Management takes precedence in the Department of Defense 
     after the Deputy Secretary of Defense.''.
       (2) Conforming repeal of superseded authority.--Section 
     132a of such title is repealed.
       (3) Continuation of office.--Notwithstanding subsection (a) 
     of section 137a of title 10, United States Code (as amended 
     by paragraph (1)), the individual serving in the position of 
     Deputy Chief Management Officer of the Department of Defense 
     as of the date of the enactment of this Act may serve as 
     Under Secretary of Defense for Management under that section 
     until a successor is appointed Under Secretary of Defense for 
     Management as specified in that subsection.
       (b) Clarification of Order of Precedence for the Principal 
     Deputy Under Secretaries of Defense.--Subsection (d) of 
     section 137b of such title, as redesignated by subsection 
     (a)(1) of this section, is amended by striking ``and the 
     Deputy Chief Management Officer of the Department of 
     Defense'' and inserting ``the Under Secretary of Defense for 
     Management, and the officials serving in the positions 
     specified in section 131(b)(4) of this title''.
       (c) Technical and Conforming Amendments.--
       (1) In general.--Title 10, United States Code, is further 
     amended as follows:
       (A) In section 131(b)--
       (i) in paragraph (2), by adding at the end the following 
     new subparagraph:
       ``(F) The Under Secretary of Defense for Management.'';
       (ii) by striking paragraph (3); and
       (iii) by redesignating paragraphs (4) through (8) as 
     paragraphs (3) through (7), respectively.
       (B) In section 186--
       (i) in subsection (a), by striking paragraph (2) and 
     inserting the following new paragraph (2):
       ``(2) The Under Secretary of Defense for Management.''; and
       (ii) in subsection (b), by striking ``the Deputy Chief 
     Management Officer of the Department of Defense'' and 
     inserting `` `the Under Secretary of Defense for 
     Management''.
       (C) In section 2222, by striking ``the Deputy Chief 
     Management Officer of the Department of Defense'' each place 
     it appears in subsections (c)(2)(E), (d)(3), (f)(1)(D), 
     (f)(1)(E), and (f)(2)(E) and inserting ``the Under Secretary 
     of Defense for Management''.
       (2) Clerical amendments.--The table of sections at the 
     beginning of chapter 4 of such title is amended--
       (A) by striking the item relating to section 132a; and
       (B) by striking the item relating to section 137a and 
     inserting the following new items:


[[Page S8208]]


``137a. Under Secretary of Defense for Management.
``137b. Principal Deputy Under Secretaries of Defense.''.
       (3) Executive schedule matters.--Section 5314 of title 5, 
     United States Code, is amended by striking the item relating 
     to the Deputy Chief Management Office of the Department of 
     Defense and inserting the following new item:
       ``Under Secretary of Defense for Management.''.
                                 ______
                                 
  SA 2158. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DISPOSAL OF SURPLUS OR EXCESS TANGIBLE PROPERTY OF 
                   THE DEPARTMENT OF DEFENSE SOLELY BY PUBLIC 
                   SALE.

       Notwithstanding any other provision of law, surplus or 
     excess tangible property of the Department of Defense shall 
     be disposed of solely by public sale.
                                 ______
                                 
  SA 2159. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CONSOLIDATION OF DUPLICATIVE AND OVERLAPPING 
                   AGENCIES, PROGRAMS, AND ACTIVITIES OF THE 
                   FEDERAL GOVERNMENT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall, in coordination 
     with the heads of other departments and agencies of the 
     Federal Government--
       (1) use available administrative authority to eliminate, 
     consolidate, or streamline Government agencies, programs, and 
     activities with duplicative and overlapping missions as 
     identified in Government Accountability Office reports on 
     duplication and overlap in Government programs;
       (2) identify and submit to Congress a report setting the 
     legislative action required to further eliminate, 
     consolidate, or streamline Government agencies, programs, and 
     activities with duplicative and overlapping missions as 
     identified in the reports referred to in paragraph (1); and
       (3) determine the total cost savings that--
       (A) will accrue to each department, agency, and office 
     effected by an action under paragraph (1) as a result of the 
     actions taken under that paragraph; and
       (B) could accrue to each department, agency, and office 
     effected by an action under paragraph (2) as a result of the 
     actions proposed to be taken under that paragraph using the 
     legislative authority set forth under that paragraph.
                                 ______
                                 
  SA 2160. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPORT ON BALANCES CARRIED FORWARD BY THE 
                   DEPARTMENT OF DEFENSE AT THE END OF EACH FISCAL 
                   YEAR.

       Not later March 1 each year, the Secretary of Defense shall 
     submit to Congress, and publish on the Internet website of 
     the Department of Defense available to the public, the 
     following:
       (1) The total dollar amount of all balances carried forward 
     by the Department of Defense at the end of the previous 
     fiscal year by account.
       (2) The total dollar amount of all unobligated balances 
     carried forward by the Department of Defense at the end of 
     the previous fiscal year by account.
       (3) The total dollar amount of any balances (both obligated 
     and unobligated) that have been carried forward by the 
     Department of Defense for five years or more as of the end of 
     the previous fiscal year by account.
                                 ______
                                 
  SA 2161. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. LIMITATION ON AMOUNTS AVAILABLE IN FISCAL YEAR 2014 
                   FOR TUITION ASSISTANCE PROGRAMS OF THE 
                   DEPARTMENT OF DEFENSE TO ADDRESS CRITICAL-NEEDS 
                   SHORTAGES FOR MILITARY PERSONNEL.

       Notwithstanding any other provision of this Act, the total 
     amount available in this Act for fiscal year 2014 for tuition 
     assistance programs of the Department of Defense may not 
     exceed $100,000,000 in order that such assistance be limited 
     to use as a retention tool to address critical-needs 
     shortages for military personnel.
                                 ______
                                 
  SA 2162. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 524.
                                 ______
                                 
  SA 2163. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON EMPLOYMENT BY THE DEPARTMENT OF 
                   DEFENSE OF INDIVIDUALS AND CONTRACTORS WITH 
                   SERIOUSLY DELINQUENT TAX DEBTS.

       (a) Prohibition.--An individual or contractor with a 
     seriously delinquent tax debt may not be appointed to, or 
     continue serving in, a position within or funded by the 
     Department of Defense.
       (b) Seriously Delinquent Tax Debt Defined.--In this 
     section, the term ``seriously delinquent tax debt'' means an 
     outstanding debt under the Internal Revenue Code of 1986 for 
     which a notice of lien has been filed in public records 
     pursuant to section 6323 of such Code, except that such term 
     does not include--
       (1) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or section 7122 of such 
     Code; and
       (2) a debt with respect to which a collection due process 
     hearing under section 6330 of such Code, or relief under 
     subsection (a), (b), or (f) of section 6015 of such Code, is 
     requested or pending.
                                 ______
                                 
  SA 2164. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIMITATION ON FUNDS AVAILABLE IN AFGHANISTAN 
                   SECURITY FORCES FUND FOR EQUIPMENT AND 
                   TRANSPORTATION.

       Of the amounts available in the Afghanistan Security Forces 
     Fund for fiscal year 2014 for equipment and transportation, 
     not more than an amount equal to 50 percent of such amounts 
     may be obligated or expended for such purposes until the 
     Secretary of Defense submits to the congressional defense 
     committees a report setting forth the plan of the Department 
     of Defense to transfer or sell the C-27A aircraft.
                                 ______
                                 
  SA 2165. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. C-130J AIRCRAFT.

       Of the amount authorized to be appropriated for fiscal year 
     2014 by section 101 and available for Aircraft Procurement 
     for the Air Force for procurement of C-130J aircraft as 
     specified in the funding table in section 4101, not more than 
     an amount equal to 25 percent of such amount may be obligated 
     or expended for procurement of C-130J aircraft until the 
     Secretary of Defense submits to the congressional defense 
     committees a report

[[Page S8209]]

     setting forth the plan of the Department of Defense to 
     transfer or sell the C-27J aircraft.
                                 ______
                                 
  SA 2166. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS ON SMALL ARMS AND AMMUNITION USED 
                   BY UNITED STATES ARMED FORCES.

       It is the sense of Congress that the small arms and 
     ammunition used by the United States Armed Forces should be 
     superior to the small arms and ammunition used by potential 
     threat nations, foreign allied militaries, and United States 
     domestic law enforcement.
                                 ______
                                 
  SA 2167. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2833. TRANSFER OF ADMINISTRATIVE JURISDICTION, GEORGIA.

       (a) Transfer of Administrative Jurisdiction.--Not later 
     than September 30, 2014, the Secretary of Agriculture shall 
     transfer to the Secretary of the Army administrative 
     jurisdiction over the approximately 282.304 acres of Federal 
     land in the Chattahoochee National Forest that is being used 
     by the Secretary of the Army for Camp Frank D. Merrill in 
     Dahlonega, Georgia, in accordance with the permit numbered 
     0018-01, in exchange for the transfer by the Secretary of the 
     Army (acting through the Chief of Engineers) to the Secretary 
     of Agriculture of administrative jurisdiction over 
     approximately 10 acres of Corps of Engineers land on Lake 
     Lanier located at 372 Dunlap Landing Road, Gainesville, 
     Georgia.
       (b) Use of Transferred Land.--On transfer of the Federal 
     land in the Chattahoochee National Forest to the Secretary of 
     the Army under subsection (a), the Secretary of the Army 
     shall continue to use the transferred land for military 
     purposes.
       (c) Protection of the Etowah Darter and Holiday Darter.--
     Nothing in this section affects the designation of land 
     within the Chattahoochee National Forest before the date of 
     enactment of this Act as critical habitat for the Etowah 
     darter (Etheostoma etowahae) and the Holiday darter 
     (Etheostoma brevirostrum).
       (d) Map and Legal Description.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     publish in the Federal Register a map and legal description 
     of the land to be transferred under subsection (a).
       (2) Effect.--The map and legal description filed under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary of 
     Agriculture may correct any errors in the map and legal 
     description.
       (e) Reimbursements of Costs.--The transfer of 
     administrative jurisdiction under subsection (a) shall be 
     made without reimbursement, except that the Secretary of the 
     Army shall reimburse the Secretary of Agriculture for any 
     costs incurred by the Secretary of Agriculture in preparing 
     the map and legal description under subsection (d).
                                 ______
                                 
  SA 2168. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an 
amendment intended to be proposed by her to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 2832.
                                 ______
                                 
  SA 2169. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 593. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   IMPACT OF CERTAIN MENTAL AND PHYSICAL TRAUMA ON 
                   DISCHARGES FROM MILITARY SERVICE FOR 
                   MISCONDUCT.

       (a) Report Required.--The Comptroller General of the United 
     States shall submit to Congress a report on the impact of 
     mental and physical trauma relating to Post Traumatic Stress 
     Disorder (PTSD), Traumatic Brain Injury (TBI), behavioral 
     health matters not related to Post Traumatic Stress Disorder, 
     and other neurological combat traumas (in this section 
     referred to as ``covered traumas'') on the discharge of 
     members of the Armed Forces from the Armed Forces for 
     misconduct.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the extent to which the Armed Forces 
     have in place processes for the consideration of the impact 
     of mental and physical trauma relating to covered traumas on 
     members of the Armed Forces who are being considered for 
     discharge from the Armed Forces for misconduct, including the 
     compliance of the Armed Forces with such processes and 
     mechanisms in the Department of Defense for ensuring the 
     compliance of the Armed Forces with such processes.
       (2) An assessment of the extent to which the Armed Forces 
     provide members of the Armed Forces, including commanding 
     officers, junior officers, and noncommissioned officers, 
     training on the symptoms of covered traumas and the 
     identification of the presence of such conditions in members 
     of the Armed Forces.
       (3) An assessment of the extent to which members of the 
     Armed Forces who receive treatment for a covered trauma 
     before discharge from the Armed Forces are later discharged 
     from the Armed Forces for misconduct.
       (4) An identification of the number of members of the Armed 
     Forces discharged as described in paragraph (3) who are 
     ineligible for benefits from the Department of Veterans 
     Affairs based on characterization of discharge.
       (5) An assessment of the extent to which members of the 
     Armed Forces who accept a discharge from the Armed Forces for 
     misconduct in lieu of trial by court-martial are counseled on 
     the potential for ineligibility for benefits from the 
     Department of Veterans Affairs as a result of such discharge 
     before acceptance of such discharge.
                                 ______
                                 
  SA 2170. Mrs. McCASKILL (for herself, Ms. Ayotte, Mrs. Fischer, Ms. 
Collins, and Mr. Crapo) submitted an amendment intended to be proposed 
by her to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 167, line 9, insert ``or Senior Trial Counsel'' 
     after ``Staff Judge Advocate''.
       On page 167, line 13, insert ``or the senior trial counsel 
     detailed to the case'' after ``Military Justice),''.
       On page 167, line 21, insert ``or Senior Trial Counsel'' 
     after ``Staff Judge Advocate''.
       On page 167, line 25, insert ``or the senior trial counsel 
     detailed to the case'' after ``Military Justice),''.
       At the end of part I subtitle E of title V, add the 
     following:

     SEC. 547. ADDITIONAL ENHANCEMENTS OF MILITARY DEPARTMENT 
                   ACTIONS ON SEXUAL ASSAULT PREVENTION AND 
                   RESPONSE.

       (a) Additional Duty of Special Victims' Counsel.--In 
     addition to the duties specified in section 539(a)(3), a 
     Special Victims' Counsel designated under section 539 shall 
     provide advice to victims of sexual assault on the advantages 
     and disadvantages of prosecution of the offense concerned by 
     court-martial or by a civilian court with jurisdiction over 
     the offense before such victims express their preference as 
     to the prosecution of the offense under subsection (b).
       (b) Consultation With Victims Regarding Preference in 
     Prosecution of Certain Sexual Offenses.--
       (1) In general.--The Secretaries of the military 
     departments shall each establish a process to ensure 
     consultation with the victim of a covered sexual offense that 
     occurs in the United States with respect to the victim's 
     preference as to whether the offense should be prosecuted by 
     court-martial or by a civilian court with jurisdiction over 
     the offense.
       (2) Weight afforded preference.--The preference expressed 
     by a victim under paragraph (1) with respect to the 
     prosecution of an offense, while not binding, should be 
     afforded great weight in the determination whether to 
     prosecute the offense by court-martial or by a civilian 
     court.
       (3) Notice to victim of lack of civilian criminal 
     prosecution after preference for such prosecution.--In the 
     event a victim expresses a preference under paragraph (1) in 
     favor of prosecution of an offence by civilian court and the 
     civilian authorities determine to decline prosecution, or 
     defer to prosecution by court-martial, the victim shall be 
     promptly notified of that determination.
       (c) Performance Appraisals of Members of the Armed 
     Forces.--
       (1) Appraisals of all members on compliance with sexual 
     assault prevention and

[[Page S8210]]

     response programs.--The Secretaries of the military 
     departments shall each ensure that the written performance 
     appraisals of members of the Armed Forces (whether officers 
     or enlisted members) under the jurisdiction of such Secretary 
     include an assessment of the extent to which each such member 
     supports the sexual assault prevention and response program 
     of the Armed Force concerned.
       (2) Performance appraisals of commanding officers.--The 
     Secretaries of the military departments shall each ensure 
     that the performance appraisals of commanding officers under 
     the jurisdiction of such Secretary indicate the extent to 
     which each such commanding officer has or has not established 
     a command climate in which--
       (A) allegations of sexual assault are properly managed and 
     fairly evaluated; and
       (B) a victim can report criminal activity, including sexual 
     assault, without fear of retaliation, including ostracism and 
     group pressure from other members of the command.
       (d) Command Climate Assessments Following Incidents of 
     Certain Sexual Offenses.--
       (1) Assessments required.--The Secretaries of the military 
     departments shall each establish a process whereby a command 
     climate assessment is performed following an incident 
     involving a covered sexual offense for each of the command of 
     the accused and the command of the victim. If the accused and 
     the victim are within the same command, only a single climate 
     assessment is required. The process shall ensure the timely 
     completion of command climate assessments for provision to 
     military criminal investigation organizations and commanders 
     pursuant to paragraph (2).
       (2) Provision to military criminal investigation 
     organizations and commanders.--A command climate assessment 
     performed pursuant to paragraph (1) shall be provided to the 
     following:
       (A) The military criminal investigation organization 
     conducting the investigation of the offense concerned.
       (B) The commander next higher in the chain of command of 
     the command covered by the climate assessment.
       (e) Confidential Review of Characterization of Terms of 
     Discharge of Victims of Sexual Offenses.--
       (1) In general.--The Secretaries of the military 
     departments shall each establish a confidential process, 
     through boards for the correction of military records of the 
     military department concerned, by which an individual who was 
     the victim of a covered sexual offense during service in the 
     Armed Forces may challenge, on the basis of being the victim 
     of such an offense, the terms or characterization of the 
     individual's discharge or separation from the Armed Forces.
       (2) Consideration of individual experiences in connection 
     with offenses.--In deciding whether to modify the terms or 
     characterization of an individual's discharge or separation 
     pursuant to the process required by paragraph (1), the 
     Secretary of the military department concerned shall instruct 
     boards to give due consideration to the psychological and 
     physical aspects of the individual's experience in connection 
     with the offense concerned, and to what bearing such 
     experience may have had on the circumstances surrounding the 
     individual's discharge or separation from the Armed Forces.
       (3) Preservation of confidentiality.--Documents considered 
     and decisions rendered pursuant to the process required by 
     paragraph (1) shall not be made available to the public, 
     except with the consent of the individual concerned.
       (f) Covered Sexual Offense Defined.--In subsections (a) 
     through (e), the term ``covered sexual offense'' means any of 
     the following:
       (1) Rape or sexual assault under subsection (a) or (b) of 
     section 920 of title 10, United States Code (article 120 of 
     the Uniform Code of Military Justice).
       (2) Forcible sodomy under section 925 of title 10, United 
     States Code (article 125 of the Uniform Code of Military 
     Justice).
       (3) An attempt to commit an offense specified in paragraph 
     (1) or (2) as punishable under section 880 of title 10, 
     United States Code (article 80 of the Uniform Code of 
     Military Justice).
       (g) Modification of Military Rules of Evidence Relating to 
     Admissibility of General Military Character Toward 
     Probability of Innocence.--Not later than 180 days after the 
     date of the enactment of this Act, Rule 404(a) of the 
     Military Rules of Evidence shall be modified to clarify that 
     the general military character of an accused is not 
     admissible for the purpose of showing the probability of 
     innocence of the accused, except that evidence of a trait of 
     the military character of an accused may be offered in 
     evidence by the accused when that trait is relevant to an 
     element of an offense for which the accused has been charged.

     SEC. 548. APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND 
                   RESPONSE AND RELATED MILITARY JUSTICE 
                   ENHANCEMENTS TO MILITARY SERVICE ACADEMIES.

       (a) Military Service Academies.--The Secretary of the 
     military department concerned shall ensure that the 
     provisions of this subtitle, and the amendments made by this 
     subtitle, apply to the United States Military Academy, the 
     Naval Academy, and the Air Force Academy, as applicable.
       (b) Coast Guard Academy.--The Secretary of Homeland 
     Security shall ensure that the provisions of this subtitle, 
     and the amendments made by this subtitle, apply to the Coast 
     Guard Academy.

     SEC. 549. COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND 
                   THE DEPARTMENT OF JUSTICE IN EFFORTS TO PREVENT 
                   AND RESPOND TO SEXUAL ASSAULT.

       (a) Strategic Framework on Collaboration Required.--Not 
     later than 270 days after the date of the enactment of this 
     Act, the Secretary of Defense and the Attorney General shall 
     jointly develop a strategic framework for ongoing 
     collaboration between the Department of Defense and the 
     Department of Justice in their efforts to prevent and respond 
     to sexual assault. The framework shall be based on and 
     include the following:
       (1) An assessment of the role of the Department of Justice 
     in investigations and prosecutions of sexual assault cases in 
     which the Department of Defense and the Department of Justice 
     have concurrent jurisdiction, with the assessment to include 
     a review of and list of recommended revisions to relevant 
     Memoranda of Understanding and related documents between the 
     Department of Justice and the Department of Defense.
       (2) An assessment of the feasibility of establishing the 
     position of advisor on military sexual assaults within the 
     Department of Justice (using existing Department resources 
     and personnel) to assist in the activities required under 
     paragraph (1)and provide to the Department of Defense 
     investigative and other assistance in sexual assault cases 
     occurring on domestic and overseas military installations 
     over which the Department of Defense has primary 
     jurisdiction, with the assessment to address the feasibility 
     of maintaining representatives or designees of the advisor at 
     military installations for the purpose of reviewing cases of 
     sexual assault and providing assistance with the 
     investigation and prosecution of sexual assaults.
       (3) An assessment of the number of unsolved sexual assault 
     cases that have occurred on military installations, and a 
     plan, with appropriate benchmarks, to review those cases 
     using currently available civilian and military law 
     enforcement resources, such as new technology and forensics 
     information.
       (4) A strategy to leverage efforts by the Department of 
     Defense and the Department of Justice--
       (A) to improve the quality of investigations, prosecutions, 
     specialized training, services to victims, awareness, and 
     prevention regarding sexual assault; and
       (B) to address social conditions that relate to sexual 
     assault.
       (5) Mechanisms to promote information sharing and best 
     practices between the Department of Defense and the 
     Department of Justice on prevention and response to sexual 
     assault, including victim assistance through the Violence 
     against Women Act and Office for Victims of Crime programs of 
     the Department of Justice.
       (b) Report.--The Secretary of Defense and the Attorney 
     General shall jointly submit to the appropriate committees of 
     Congress a report on the framework required by subsection 
     (a). The report shall--
       (1) describe the manner in which the Department of Defense 
     and Department of Justice will collaborate on an ongoing 
     basis under the framework;
       (2) explain obstacles to implementing the framework; and
       (3) identify changes in laws necessary to achieve the 
     purpose of this section.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     the Judiciary of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     the Judiciary of the House of Representatives.

     SEC. 550. SENSE OF SENATE ON INDEPENDENT PANEL ON REVIEW AND 
                   ASSESSMENT ON RESPONSE SYSTEMS TO SEXUAL 
                   ASSAULT CRIMES.

       It is the sense of the Senate that--
       (1) the panel to review and assess the systems used to 
     respond to sexual assault established by section 576 of the 
     National Defense Authorization Act for Fiscal Year 2013 
     (Public Law 112-239; 126 Stat. 1758) is conducting an 
     independent assessment of the systems used to investigate, 
     prosecute, and adjudicate crimes involving adult sexual 
     assault and related offenses;
       (2) the work of the panel will be critical in informing the 
     efforts of Congress to combat rape, sexual assault, and other 
     sex-related crimes in the Armed Forces;
       (3) the panel should include in its assessment under 
     subsection (d)(1) of section 576 of the National Defense 
     Authorization Act for Fiscal Year 2013 a review of the 
     reforms that will be enacted pursuant to this subtitle and 
     the amendments made by this subtitle; and
       (4) the views of the victim advocate community should 
     continue to be well-represented on the panel, and input from 
     victims should continue to play a central role in informing 
     the work of the panel.
       On page 176, line 23, strike ``120 days'' and insert ``60 
     days''.
                                 ______
                                 
  SA 2171. Mrs. McCASKILL (for herself, Mr. McCain, and Ms. Ayotte) 
submitted an amendment intended to be proposed by her to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of

[[Page S8211]]

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

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

     SEC. 1066. POW/MIA MATTERS.

       (a) Report on Accounting for POW/MIAS.--
       (1) Report required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the appropriate committees of Congress a 
     report on accounting for missing persons from covered 
     conflicts.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The total number of missing persons in all covered 
     conflicts and in each covered conflict.
       (B) The total number of missing persons in all covered 
     conflicts, and in each covered conflict, that are considered 
     unrecoverable, including--
       (i) the total number in each conflict that are considered 
     unrecoverable by being lost at sea or in inaccessible 
     terrain;
       (ii) the total number from the Korean War that are 
     considered to be located in each of China, North Korea, and 
     Russia.
       (C) The total number of missing persons in all covered 
     conflicts, and in each covered conflict, that were interred 
     without identification, including the locations of interment.
       (D) The number of remains in the custody of the Department 
     of Defense that are awaiting identification, and the number 
     of such remains estimated by the Department to be likely to 
     be identified using current technology.
       (E) The total number of identifications of remains that 
     have been made since January 1, 1970, for all covered 
     conflicts and for each covered conflict.
       (F) The number of instances where next of kin have refused 
     to provide a DNA sample for the identification of recovered 
     remains, for each covered conflict.
       (3) Definitions.--In this subsection:
       (A) The term ``missing persons'' has the meaning given that 
     term in section 1513(1) of title 10, United States Code.
       (B) The term ``covered conflicts'' means the conflicts 
     specified in or designated under section 1509(a) of title 10, 
     United States Code, as of the date of the report required by 
     paragraph (1).
       (b) Report on POW/MIA Accounting Community.--
       (1) Report required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate committees of Congress a report on the 
     POW/MIA accounting community.
       (2) Elements.--The report required by paragraph (1)) shall 
     including the following:
       (A) A description and assessment of the current structure 
     of the POW/MIA accounting community.
       (B) An assessment of the feasibility and advisability of 
     reorganizing the community into a single, central command, 
     including--
       (i) an identification of the elements that could be 
     organized into such command; and
       (ii) an assessment of cost-savings, advantages, and 
     disadvantages of--

       (I) transferring the command and control of the Joint POW/
     MIA Accounting Command (JPAC) and the Central Identification 
     Laboratory (CIL) from the United States Pacific Command to 
     the Office of the Secretary of Defense;
       (II) merging the Joint POW/MIA Accounting Command and the 
     Central Identification Laboratory with the Defense Prisoner 
     of War/Missing Personnel Office (DPMO); and
       (III) merging the Central Identification Laboratory with 
     the Armed Forces DNA Identification Lab (AF-DIL).

       (C) A recommendation on the element of the Department of 
     Defense to be responsible for directing POW/MIA accounting 
     activities, and on whether all elements of the POW/MIA 
     accounting community should report to that element.
       (D) An estimate of the costs to be incurred, and the cost 
     savings to be achieved--
       (i) by relocating central POW/MIA accounting activities to 
     the continental United States;
       (ii) by closing or consolidating existing Joint POW/MIA 
     Accounting Command facilities; and
       (iii) through any actions with respect to the POW/MIA 
     accounting community and POW/MIA accounting activities that 
     the Secretary considers advisable for purposes of the report.
       (E) An assessment of the feasibility and advisability of 
     the use by the Department of university anthropology or 
     archaeology programs to conduct field work, particularly in 
     politically sensitive environments, including an assessment 
     of the potential cost of the use of such programs and whether 
     the use of such programs would result in a greater number of 
     identifications.
       (F) A survey of the manner in which other countries conduct 
     accounting for missing persons, and an assessment whether 
     such practices can be used by the United States
       (G) A recommendation as to the advisability of continuing 
     to use a military model for recovery operations, including 
     the impact of the use of such model on diplomatic relations 
     with countries in which the United States seeks to conduct 
     recovery operations.
       (H) Such recommendations for the reorganization of the POW/
     MIA accounting community as the Secretary considers 
     appropriate in light of the other elements of the report, 
     including an estimate of the additional numbers of recoveries 
     and identifications anticipated to be made by the accounting 
     community as a result of implementation of the 
     reorganization.
       (3) Basis in previous recommendations.--The report required 
     by paragraph (1) shall take into account recommendations 
     previously made by the Director of Cost Assessment and 
     Program Evaluation, the Inspector General of the Department 
     of Defense, and the Comptroller General of the United States 
     regarding the organization of the POW/MIA accounting 
     community.
       (4) POW/MIA accounting community.--In this subsection, the 
     term ``POW/MIA accounting community'' has the meaning given 
     that term in section 1509(b)(2) of title 10, United States 
     Code.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
                                 ______
                                 
  SA 2172. Mr. CASEY (for himself, Ms. Ayotte, Mr. Warner, and Mrs. 
Shaheen) submitted an amendment intended to be proposed by him to the 
bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1220. SECURITY SUPPORT FOR AFGHAN WOMEN AND GIRLS.

       (a) Findings.--Congress makes the following findings:
       (1) In January 2013, President Barack Obama stated, ``The 
     Afghan constitution protects the rights of Afghan women. And 
     the United States strongly believes that Afghanistan cannot 
     succeed unless it gives opportunity to its women. . .And we 
     think that a failure to provide that protection not only will 
     make reconciliation impossible to achieve, but also would 
     make Afghanistan's long-term development impossible to 
     achieve.''
       (2) As stated in the Department of Defense's July 2013 1230 
     Report on Progress Toward Security and Stability in 
     Afghanistan (in this section, the ``1230 Report''), the 
     United States Government ``recognizes that promoting security 
     for Afghan women and girls must remain a top foreign policy 
     priority''. The November 2013 1230 Report also highlights 
     this priority and further states, ``A major focus of DoD and 
     others working to improve the conditions of women in 
     Afghanistan is now to maintain the gains made in the last 
     twelve years after the ISAF mission ends.''
       (3) According to the United Nations Assistance Mission in 
     Afghanistan (UNAMA) Mid-Year Report 2013: Protection of 
     Civilians in Armed Conflict, the conflict ``increasingly 
     harmed women and children. In the first six months of 2013, 
     conflict related violence killed 106 women and injured 241 
     (347 casualties), a 61 percent increase from the same period 
     in 2012.''
       (4) Women still face significant barriers to full 
     participation in the Afghan National Army (ANA) and Afghan 
     National Police (ANP), including a discriminatory or hostile 
     work environment. As stated in the July and November 1230 
     Report, other barriers include ``family-related issues. . 
     .lack of challenging assignments upon graduation, accounts of 
     sexual harassment and violence, and difficulties concerning 
     separate housing and bathing facilities'' for female 
     personnel.
       (5) According to the November 1230 Report, female 
     recruitment and retention rates for the Afghan National 
     Security Forces fell short of the Ministry of Defense (MoD) 
     and Ministry of the Interior (MoI) female recruitment goals 
     of 10 percent of the ANA and AAF and 5,000 for the ANP. In 
     regards to women serving in the ANP, the November 1230 report 
     also states, ``Low female recruitment is due in part to the 
     MoI's passive female recruitment efforts, which has no 
     specific female recruitment strategy or plan.'' At the time 
     of the November 1230 Report, only 1,557 women were serving in 
     the ANP (847 officers and NCOs and 710 patrolmen). This 
     represents an increase of 36 women from the last reporting 
     period.
       (6) According to the Special Inspector General for Afghan 
     Reconstruction (SIGAR) October 2013 report, despite more 
     women showing an interest in joining the security forces, 
     only 0.3 percent of ANA and AAF and 1 percent of police in 
     Afghanistan are women. According to the November 1230 Report, 
     ``The MOD has failed to capitalize on this interest and 
     organize the necessary initial training, such as Female 
     Officer Candidate and NCO courses. ISAF advisors continue to 
     mentor the MOD to reduce their emphasis on ethnic balancing 
     in order to accelerate ANA gender integration.''

[[Page S8212]]

       (7) According to the International Crisis Group, there are 
     not enough female police officers to staff all provincial 
     Family Response Units (FRUs). United Nations Assistance 
     Mission in Afghanistan and the Office of the High 
     Commissioner for Refugees found that ``in the absence of 
     Family Response Units or visible women police officers, women 
     victims almost never approach police stations willingly, 
     fearing they will be arrested, their reputations stained or 
     worse''.
       (8) Fair, free, and inclusive presidential elections in 
     Afghanistan in April 2014 will be critical for the country's 
     future security and stability. Afghan women in particular are 
     often prevented from meaningful participation in the 
     electoral process due to the threat of violence, security 
     environment, the scarcity of female poll workers, and lack of 
     awareness of women's political rights and opportunities, 
     according to the Free and Fair Election Foundation of 
     Afghanistan.
       (9) According to the Independent Election Commission of 
     Afghanistan, Afghanistan needs 12,000 female police officers 
     to search women at polling stations. The Afghan National 
     Police has about 1,570 women for this duty. According to the 
     United Nations Development Programme (UNDP), without female 
     searchers at polling stations, security threats will increase 
     as men can dress in burkhas attempting to enter the female 
     areas of the polling station while concealing firearms, 
     knives, or explosives.
       (10) According to the July 1230 Report, ``U.S. Embassy 
     engagement on security preparations for the 2014 election 
     with the MoI and Independent Elections Commission has focused 
     on the need for increased temporary female security 
     personnel, which would provide an environment where women can 
     access polling stations while also ensuring the safety and 
     security of the polling stations, and highlighting the role 
     women can play in ensuring security overall.''
       (11) According to the November 1230 Report, ``The lack of 
     female ANSF for both routine security operations and the 2014 
     Afghan elections makes the ANSF gender gap an operational and 
     political risk for the Government of the Islamic Republic of 
     Afghanistan (GIRoA).'' Further, the November 1230 Report 
     highlights the significant risk to the credibility of the 
     April 2014 elections and to the ANSF, stating, ``Failure to 
     recruit more women could deter female voter turnout, harming 
     the legitimacy of the ANSF and those elected to office in 
     2014.''
       (b) The Sense of Congress On Promotion of Security of 
     Afghan Women.--It is the sense of Congress that--
       (1) the United States Government should regularly press the 
     Government of the Islamic Republic of Afghanistan to commit 
     to the meaningful inclusion of women in any peace process and 
     to ensure that women's concerns are fully reflected in 
     relevant negotiations; and
       (2) the United States Government and the Government of 
     Afghanistan should ``reaffirm the role of Afghan civil 
     society, particularly women's organizations, in advocating 
     for and supporting human rights, good governance, and 
     sustainable social, economic, and democratic development of 
     Afghanistan through a sustained dialogue'', as agreed to 
     during the meeting between the International Community and 
     the Government of Afghanistan on the Tokyo Mutual 
     Accountability Framework (TMAF) in July 2013.
       (c) Strategy To Promote Security of Afghan Women.--
       (1) In general.--The Secretary of Defense shall support the 
     efforts of the Government of Afghanistan to ensure the 
     security of Afghan women and girls during and after the 
     security transition process through implementation of an 
     Afghan-led strategy to increase awareness and responsiveness 
     among Afghan National Army and Afghan National Police 
     personnel regarding the unique challenges women confront when 
     serving in those forces.
       (2) Training.--The Secretary of Defense, working with the 
     International Security Force (ISAF) and NATO Training 
     Mission-Afghanistan (NTM-A), should encourage the Government 
     of Afghanistan to include in the strategy developed under 
     paragraph (1) the following elements:
       (A) An evaluation of the effectiveness of existing training 
     for Afghan National Security Forces on this issue.
       (B) A plan to increase the number of female security 
     officers, including those serving in Family Response Units, 
     specifically trained to address cases of gender-based 
     violence.
       (C) A plan to address the development of accountability 
     mechanisms for ANA and ANP personnel who violate codes of 
     conduct related to the human rights of women and girls.
       (3) Enrollment and treatment.--The Secretary of Defense, in 
     cooperation with the Afghan Ministries of Defense and 
     Interior, shall assist the Government of Afghanistan in 
     including as part of the strategy developed under paragraph 
     (1) the development and implementation of a strategy to 
     increase the number of female members of the ANA and ANP and 
     to ensure their equal treatment, including the following 
     actions:
       (A) Submission of status reports to the Secretary of 
     Defense, not later than 120 days after the date of the 
     enactment of this Act, on the plans of the MOD and MOI for 
     the recruitment and retention of female officers, non-
     commissioned officers, and soldiers, including efforts to--
       (i) provide appropriate equipment for female security and 
     police forces;
       (ii) modify facilities to allow for female participation 
     within the security and police forces;
       (iii) training to include literacy training for women 
     recruits and gender awareness training for male counterparts; 
     and
       (iv) a review of the number of women in the ANP and 
     realistic deadlines to increase the number of female officers 
     by 2014.
       (B) The allocation of not less than $15,000,000 from the 
     Afghan Security Forces Fund to be available for the 
     recruitment, retention, and support of women in the ANSF.
       (4) Staffing at polling stations.--The Secretary of Defense 
     shall assist the Afghan MOD and MOI in increasing the number 
     of women staffing polling stations during the April 2014 
     elections in Afghanistan, including--
       (A) assistance in the development of a recruitment and 
     training program for female searchers and security officers 
     to staff voting stations during the April 2014 elections by 
     not later than 60 days after the date of the enactment of 
     this Act;
       (B) assistance in the implementation of the program 
     described in subparagraph (A), including working with the 
     Ministry of Interior to ensure that female ANP officers are 
     assigned to provide security for polling stations; and
       (C) allocating up to $5,000,000 from the Afghan Security 
     Forces Fund to be available to hire temporary female 
     personnel to staff polling stations.
                                 ______
                                 
  SA 2173. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2842. RESPONSIBILITY FOR ENVIRONMENTAL REMEDIATION AT 
                   BADGER ARMY AMMUNITION PLANT, BARABOO, 
                   WISCONSIN.

       (a) Definitions.--In this section:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (2) Plant.--The term ``plant'' means the Badger Army 
     Ammunition Plant near Baraboo, Wisconsin.
       (3) Property.--The term ``property'' includes--
       (A) the plant;
       (B) any land--
       (i) located in Sauk County, Wisconsin; and
       (ii) managed by the Federal Government relating to the 
     plant; and
       (C) any structure on the land described in subparagraph 
     (B).
       (b) Retention of Environmental Liability.--
       (1) In general.--Subject to paragraph (2), the Department 
     of Defense shall retain liability for the costs of 
     environmental remediation associated with the plant under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) and any other 
     applicable Federal or State law if the property is 
     transferred in fee or in trust to another Federal agency.
       (2) Limitation.--The liability described in paragraph (1) 
     is limited to the costs of remediation of environmental 
     contamination that existed before the date on which the 
     property is transferred.
       (c) Land Held in Trust.--If the property is transferred to 
     another Federal agency to be held in trust for an Indian 
     tribe, the transfer shall not result in any reduction of 
     funds available to the Secretary of Defense to carry out the 
     cleanup and closure of the plant.
       (d) Effect.--Nothing in this section--
       (1) relieves the Secretary of Defense, the Administrator of 
     the Environmental Protection Agency, the Secretary of the 
     Interior, or any other person from any obligation or 
     liability under any Federal or State law with respect to the 
     plant;
       (2) alters any authority of the Administrator of the 
     Environmental Protection Agency or the Governor of the State 
     of Wisconsin under subsection (a)(4) or (h)(3)(B) of section 
     120 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 
     9620(a)(4), (h)(3)(B));
       (3) affects the level of cleanup at the plant or the 
     closure of the plant required under any Federal or State law;
       (4) affects or limits the application of, or any obligation 
     to comply with, any environmental law, including--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
       (B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); 
     or
       (5) prevents the United States from bringing a cost 
     recovery, contribution, or any other action that would 
     otherwise be available under any Federal or State law.
                                 ______
                                 
  SA 2174. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction,

[[Page S8213]]

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

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

     SEC. 547. REPORT ON FEASIBILITY OF ASSESSMENT OF SEXUAL 
                   VIOLENCE AMONG RESERVE OFFICERS' TRAINING CORPS 
                   CADETS.

       (a) Report.--Not later than June 30, 2014, the Secretary of 
     Defense shall, in consultation with the Secretary of 
     Education, submit to the congressional defense committees a 
     report setting forth an assessment of the feasibility of 
     conducting a study of sexual violence by cadets in the 
     Reserve Officers' Training Corps (ROTC) programs during 
     fiscal years 2009 through 2014 in order to determine the 
     extent of sexual violence in the Reserve Officers' Training 
     Corps programs and the need for reform of such programs in 
     connection with such violence.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description and prioritization of the quantitative 
     and qualitative data, including collection and assessment 
     methodologies in compliance with applicable privacy laws, 
     that should be used to assess the extent of sexual violence 
     among Reserve Officers' Training Corps cadets for each Armed 
     Forces and across the Armed Forces in general, including data 
     on--
       (A) alleged and proven incidents of sexual violence by 
     Reserve Officers' Training Corps cadets as reported to the 
     Reserve Officers' Training Corps programs, institutions of 
     higher education, and law enforcement officials;
       (B) alleged and proven incidents of sexual violence by 
     students of institutions of higher education of demographics 
     similar to the demographics of Reserve Officers' Training 
     Corps cadets as reported to institutions of higher education 
     and law enforcement officials; and
       (C) actions officially and unofficially taken by Reserve 
     Officers' Training Corps programs, institutions of higher 
     education, and law enforcement officials in response to such 
     alleged and proven incidents of sexual violence.
       (2) An assessment of the feasibility of the collection and 
     analysis of the data provided for in paragraph (1), to 
     include what methods and resources that would be required to 
     collect, for sample sizes of sufficient size as to provide 
     significant evidence for determining the extent, if any, of 
     sexual violence among Reserve Officers' Training Corps 
     cadets.
       (3) An approach to surveying and assessing Reserve 
     Officers' Training Corps classroom information materials, 
     course materials, and lesson plans related to education and 
     training for prevention of sexual violence, and the process 
     for developing such materials and lesson plans.
       (4) An approach to assessing the processes of communication 
     among Reserve Officers' Training Corps program officials, 
     institutions of higher education, and law enforcement 
     officials about alleged and proven sexual violence incidents 
     involving Reserve Officers' Training Corps cadets.
       (5) An approach to assessing how the records of Reserve 
     Officers' Training Corps cadets, including disciplinary 
     records, are evaluated prior to commissioning.
       (6) Such other matters and recommendations with respect to 
     the study described in subsection (a) as the Secretary 
     considers appropriate.
       (c) Comptroller General of the United States Review.--Not 
     later than four months after the date of the submittal of the 
     report required by subsection (a), the Comptroller General of 
     the United States shall submit to the congressional defense 
     committees a report setting forth an assessment of the 
     methodology proposed in the feasibility study covered by such 
     report to conduct a study of sexual violence among Reserve 
     Officers' Training Corps cadets.
       (d) Congressional Review and Report Requirements.--The 
     relevant congressional defense committees shall review the 
     Comptroller General report required by subsection (c), and 
     the feasibility study required by subsection (a). Such 
     committees shall certify completion of the feasibility study 
     required under subsection (a) and identify recommendations 
     for a new report. Upon certification of the feasibility 
     study, the Secretary of Defense, in consultation with the 
     Secretary of Education, shall execute a new report following 
     the guidelines established by the feasibility study required 
     in subsection (a) and recommendations identified by the 
     relevant defense committees. The new report shall be 
     submitted to the congressional defense committees not later 
     than 6 months after certification.
       (e) Sexual Violence Defined.--In this section, the term 
     ``sexual violence'' means the following:
       (1) Sexual assault, as that term is defined in section 
     40002(a)(23) of the Violence Against Women Act of 1994 (42 
     U.S.C. 13925(a)(23)).
       (2) Domestic violence, as that term is defined in section 
     40002(a)(6) of the Violence Against Women Act of 1994 (42 
     U.S.C. 13925(a)(6)).
       (3) Dating violence, as that term is defined in section 
     40002(a)(8) of the Violence Against Women Act of 1994 (42 
     U.S.C. 13925(a)(8)).
       (4) Stalking, as that term is defined in section 
     40002(a)(24) of the Violence Against Women Act of 1994 (42 
     U.S.C. 13925(a)(24)).
       (5) Sexual harassment, as that term is defined in section 
     1561(e) of title 10, United States Code.
                                 ______
                                 
  SA 2175. Mr. LEVIN (for himself, Mr. McCain, Mrs. Feinstein, and Mr. 
Udall of Colorado) submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       Strike section 1033 and insert the following:

     SEC. 1033. LIMITATION ON THE TRANSFER OR RELEASE OF 
                   INDIVIDUALS DETAINED AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA.

       (a) In General.--Except as provided in subsection (b), none 
     of the funds authorized to be appropriated by this Act for 
     fiscal year 2014 may be used to transfer, release, or assist 
     in the transfer or release to or within the United States, 
     its territories, or possessions of Khalid Sheikh Mohammed or 
     any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after January 20, 2009, at United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       (b) Transfer for Detention and Trial.--The Secretary of 
     Defense may transfer a detainee described in subsection (a) 
     to the United States for detention pursuant to the 
     Authorization for Use of Military Force (Public Law 107-40; 
     50 U.S.C. 1541 note), trial, and incarceration if the 
     Secretary--
       (1) determines that the transfer is in the national 
     security interest of the United States;
       (2) determines that appropriate actions have been taken, or 
     will be taken, to address any risk to public safety that 
     could arise in connection with detention and trial in the 
     United States; and
       (3) notifies the appropriate committees of Congress not 
     later than 30 days before the date of the proposed transfer.
       (c) Notification Elements.--A notification on a transfer 
     under subsection (b)(3) shall include the following:
       (1) A statement of the basis for the determination that the 
     transfer is in the national security interest of the United 
     States.
       (2) A description of the action the Secretary determines 
     have been taken, or will be taken, to address any risk to the 
     public safety that could arise in connection with the 
     detention and trial in the United States.
       (d) Status While in the United States.--A detainee who is 
     transferred to the United States under this section--
       (1) shall not be permitted to apply for asylum under 
     section 208 of the Immigration and Nationality Act (8 U.S.C. 
     1158) or be eligible to apply for admission into the United 
     States;
       (2) shall be considered to be paroled into the United 
     States temporarily pursuant to section 212(d)(5)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)); and
       (3) shall not, as a result of such transfer, have a change 
     in designation as an unprivileged enemy belligerent eligible 
     for detention pursuant to the Authorization for Use of 
     Military Force, as determined in accordance with applicable 
     law and regulations.
       (e) Limitation on Transfer or Release of Detainees 
     Transferred to the United States.--An individual who is 
     transferred to the United States under this section may not 
     be released within the United States and may only be 
     transferred or released in accordance with the procedures 
     under section 1031.
       (f) Limitations on Judicial Review.--
       (1) Limitations.--Except as provided for in paragraph (2), 
     no court, justice, or judge shall have jurisdiction to hear 
     or consider any action against the United States or its 
     agents relating to any aspect of the detention, transfer, 
     treatment, or conditions of confinement of a detainee 
     described in subsection (a) who is held by the Armed Forces 
     of the United States.
       (2) Exception.--A detainee who is transferred to the United 
     States under this section shall not be deprived of the right 
     to challenge his designation as an unprivileged enemy 
     belligerent by filing a writ of habeas corpus as provided by 
     the Supreme Court in Hamdan v. Rumsfeld (548 U.S. 557 (2006)) 
     and Boumediene v. Bush (553 U.S. 723 (2008)).
       (3) No cause of action in decision not to transfer.--A 
     decision not to transfer a detainee to the United States 
     under this section shall not give rise to a judicial cause of 
     action.
       (g) Effective Date.--
       (1) In general.--Subsections (b), (c), (d), (e), and (f) 
     shall take effect on the date that is 60 days after the date 
     on which the Secretary of Defense submits to the appropriate 
     committees of Congress a detailed plan to close the detention 
     facility at United States Naval Station, Guantanamo Bay, 
     Cuba.
       (2) Elements.--The report required by paragraph (1) shall 
     contain the following:
       (A) A case-by-case determination made for each individual 
     detained at Guantanamo of whether such individual is intended 
     to be transferred to a foreign country, transferred

[[Page S8214]]

     to the United States for the purpose of civilian or military 
     trial, or transferred to the United States or another country 
     for continued detention under the law of armed conflict.
       (B) The specific facility or facilities that are intended 
     to be used, or modified to be used, to hold individuals 
     inside the United States for the purpose of trial, for 
     detention in the aftermath of conviction, or for continued 
     detention under the law of armed conflict.
       (C) The estimated costs associated with the detention 
     inside the United States of individuals detained at 
     Guantanamo.
       (D) A description of any additional actions that should be 
     taken consistent with subsections (d), (e), and (f) to hold 
     detainees inside the United States.
       (E) A detailed description and assessment, made in 
     consultation with the Secretary of State and the Director of 
     National Intelligence, of the actions that would be taken 
     prior to the transfer to a foreign country of an individual 
     detained at Guantanamo that would substantially mitigate the 
     risk of such individual engaging or reengaging in any 
     terrorist or other hostile activity that threatens the United 
     States or United States person or interests.
       (F) What additional authorities, if any, may be necessary 
     to detain an individual detained at Guantanamo inside the 
     United States as an unprivileged enemy belligerent pursuant 
     to the Authorization for Use of Military Force (Public Law 
     107-40), pending the end of hostilities or a future 
     determination by the Secretary of Defense that such 
     individual no longer poses a threat to the United States or 
     United States persons or interests.
       (3) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (h) Interim Prohibition.--The prohibition in section 1022 
     of the Fiscal Year 2013 National Defense Authorization Act 
     (Public Law 112-239; 126 Stat. 1911) shall apply to funds 
     appropriated or otherwise made available for fiscal year 2014 
     for the Department of Defense from the date of the enactment 
     of this Act until the effective date specified in subsection 
     (g).
       (i) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) The term ``individual detained at Guantanamo'' has the 
     meaning given that term in section 1031(e)(2).
                                 ______
                                 
  SA 2176. Mr. RISCH (for himself, Mr. Rubio, Mr. Cornyn, Mr. Blunt, 
Mr. Moran, Ms. Ayotte, Mr. Vitter, Mrs. Fischer, Mr. Johnson of 
Wisconsin, Mr. Crapo, and Mr. Hoeven) submitted an amendment intended 
to be proposed by him to the bill S. 1197, to authorize appropriations 
for fiscal year 2014 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 1237. REPORT ON INF TREATY COMPLIANCE INFORMATION 
                   SHARING.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Secretary of Defense and the Director 
     of National Intelligence, shall submit to the appropriate 
     congressional committees a report on information and 
     intelligence sharing with North Atlantic Treaty Organization 
     (NATO) and NATO countries on compliance issues related to the 
     INF Treaty.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of all compliance and consistency issues 
     associated with the INF Treaty, including a listing and 
     assessment of all Ground Launched Russian Federation Systems 
     being designed, tested, or deployed with ranges between 500 
     kilometers and 5,500 kilometers.
       (2) An assessment of INF Treaty compliance and consistency 
     information sharing among NATO countries, including--
       (A) sharing among specific NATO countries and the NATO 
     Secretariat;
       (B) the date specific information was shared; and
       (C) the manner in which such information was transmitted.
       (3) If any information on INF Treaty compliance or 
     consistency was withheld from a specific NATO country or the 
     NATO Secretariat, a justification for why such information 
     was withheld.
       (c) Updates.--Not later than 180 days and one year after 
     the date of the enactment of this Act, the Secretary of 
     State, in coordination with the Secretary of Defense and the 
     Director of National Intelligence, shall provide to the 
     appropriate congressional committees updates to the report 
     submitted under subsection (a).
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the congressional defense committees;
       (B) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (C) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) INF treaty.--The term ``INF Treaty'' means the Treaty 
     Between the United States of America and the Union of Soviet 
     Socialist Republics on the Elimination of their Intermediate-
     Range and Shorter-Range Missiles, signed at Washington 
     December 8, 1987.
                                 ______
                                 
  SA 2177. Mr. HELLER (for himself and Ms. Hirono) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. DETERMINATION OF CERTAIN SERVICE IN PHILIPPINES 
                   DURING WORLD WAR II.

       (a) In General.--The Secretary of Defense, in consultation 
     with the Secretary of Veterans Affairs and such military 
     historians as the Secretary of Defense considers appropriate, 
     shall establish a process to determine whether a covered 
     individual served as described in subsection (a) or (b) of 
     section 107 of title 38, United States Code, for purposes of 
     determining whether such covered individual is eligible for 
     benefits described in such subsections.
       (b) Covered Individuals.--For purposes of this section, a 
     covered individual is any individual who--
       (1) claims service described in subsection (a) or (b) of 
     section 107 of title 38, United States Code; and
       (2) is not included in the Approved Revised Reconstructed 
     Guerilla Roster of 1948, known as the ``Missouri List''.
       (c) Prohibition on Benefits for Disqualifying Conduct Under 
     New Process.--The process established under subsection (a) 
     shall include a mechanism to ensure that a covered individual 
     is not treated as an individual eligible for a benefit 
     described in subsection (a) or (b) of section 107 of such 
     title if such covered individual engaged in any disqualifying 
     conduct during service described in such subsections, 
     including collaboration with the enemy or criminal conduct.
                                 ______
                                 
  SA 2178. Mr. FLAKE (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1523. REPORT ON USE OF FUNDS FOR OVERSEAS CONTINGENCY 
                   OPERATIONS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Under Secretary of 
     Defense (Comptroller) shall submit to the congressional 
     defense committees a report on the use of funds appropriated 
     for overseas contingency operations during fiscal year 2013 
     and on the funds requested for such operations for fiscal 
     year 2014.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An accounting (including by specific dollar amount) of 
     the use of funds appropriated for overseas contingency 
     operations for fiscal year 2013 by the Department of Defense 
     Appropriations Act, 2013 (division C of Public Law 113-6), 
     set forth by program, project, and activity.
       (2) An accounting (including by specific dollar amount) of 
     the proposed use of funds requested for overseas contingency 
     operations for fiscal year 2014 in the budget of the 
     President for that fiscal year (as submitted pursuant to 
     section 1105 of title 31, United States Code), set forth by 
     program, project, and activity.
       (3) A description of dollar amounts within each program, 
     project, and activity funded through funds for overseas 
     contingency operations for fiscal year 2013 or 2014 that may 
     be funded using funds authorized or appropriated for the 
     Department of Defense on a recurring basis upon completion of 
     current overseas contingency operations in Afghanistan.
       (c) Contingent Reduction in Amount Available for OSD.--Of 
     the amount authorized to be appropriated for fiscal year 2014 
     by this Act and available for the Office of the Secretary of 
     Defense as specified in the funding tables in division D, not 
     more than an amount equal to 90 percent of such amount may be 
     used for that purpose until the date of the submittal of the 
     report required by subsection (a).

[[Page S8215]]

                                 ______
                                 
  SA 2179. Mr. FLAKE (for himself, Mr. Coburn, Mr. Scott, and Mr. 
Johnson of Wisconsin) submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2803. CERTIFICATION REQUIREMENT FOR MILITARY 
                   CONSTRUCTION PROJECTS IN AREAS OF CONTINGENCY 
                   OPERATIONS.

       (a) In General.--Subchapter I of chapter 169 of title 10, 
     United States Code, is amended by inserting after section 
     2804 the following new section:

     ``Sec. 2804a. Certification requirement for military 
       construction projects in areas of contingency operations

       ``(a) Certification Requirement.--(1) The Secretary of 
     Defense may not obligate or expend funds to carry out a 
     military construction project overseas in connection with a 
     contingency operation (as defined in section 101(a)(13)) 
     unless the combatant commander of the area of operations in 
     which such project is to be constructed has certified to the 
     Secretary of Defense that the project is needed for direct 
     support of a contingency operation within that combatant 
     command.
       ``(2) The restriction under paragraph (1) does not apply to 
     planning and design activities.
       ``(b) Certification Guidance.--The Secretary of Defense 
     shall provide guidance regarding the certification required 
     under subsection (a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding after the 
     item relating to section 2804 the following new item:
       ``2804a. Certification requirement for military 
           construction projects in areas of contingency 
           operations.''.
                                 ______
                                 
  SA 2180. Mr. FLAKE (for himself and Mr. Coons) submitted an amendment 
intended to be proposed by him to the bill S. 1197, to authorize 
appropriations for fiscal year 2014 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1237. MARITIME SECURITY IN GULF OF GUINEA.

       (a) Findings.--Congress makes the following findings:
       (1) Although the number of armed robbery at sea and piracy 
     attacks worldwide dropped substantially in recent years, such 
     acts in the Gulf of Guinea are increasing, with more than 40 
     reported through October 2013 and many more going unreported.
       (2) The nature of attacks in the Gulf of Guinea 
     demonstrates an ongoing pattern of cargo thefts and robbery, 
     often occurring in the territorial waters of West and Central 
     African states.
       (3) The U.S. Strategy Toward Sub-Saharan Africa issued by 
     President Barack Obama in June 2012 states, ``It is in the 
     interest of the United States to improve the region's trade 
     competitiveness, encourage the diversification of exports 
     beyond natural resources, and ensure that the benefits from 
     growth are broad-based.''.
       (4) The United States Government in the Gulf of Guinea has 
     focused on encouraging multi-layered regional and national 
     ownership in developing sustainable capacity building 
     efforts, including working with partners through the G8++ 
     Friends of Gulf of Guinea Group, to coordinate United States 
     Government maritime security activities in the region.
       (5) United Nations Security Council Resolution 2039, 
     ``expressing its deep concern about the threat that piracy 
     and armed robbery at sea in the Gulf of Guinea pose to 
     international navigation, security and the economic 
     development of states in the region'', was unanimously 
     adopted on February 29, 2012.
       (b) Sense of Congress.--Congress--
       (1) condemns acts of armed robbery at sea, piracy, and 
     other maritime crime in the Gulf of Guinea;
       (2) endorses and supports the efforts made by United States 
     Government agencies to assist affected West and Central 
     African countries to build capacity to combat armed robbery 
     at sea, piracy, and other maritime threats, and encourages 
     the President to continue such assistance, as appropriate, 
     within resource constraints; and
       (3) commends the African Union, subregional entities such 
     as the ECOWAS and ECCAS, and the various international 
     agencies that have worked to develop policy and program 
     frameworks for enhancing maritime security in West and 
     Central Africa, and encourages these entities and their 
     member states to continue to build upon these and other 
     efforts to achieve that end.
                                 ______
                                 
  SA 2181. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1066. FORCE PROTECTION.

       (a) Report.--Not later than March 1, 2014, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on current expeditionary physical barrier systems 
     and new systems or technologies that are or can be used for 
     force protection and to provide blast protection for forces 
     supporting contingency operations.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) A review of current and projected threats in connection 
     with force protection, a description of any recent changes to 
     policies on force protection, and an assessment of current 
     planning methods on force protection, including standoff 
     distances and physical barriers, to provide consistent and 
     adequate levels of force protection.
       (2) An assessment of the use of expeditionary physical 
     barrier systems to meet the goals of the combatant commands 
     for force protection and force resiliency.
       (3) A description of the specifications developed by the 
     Department to meet requirements for effectiveness, 
     affordability, lifecycle management, and reuse or disposal of 
     expeditionary physical barrier systems.
       (4) A description of the process used within the Department 
     to ensure appropriate consideration of the decommissioning 
     cost, environmental impact, and subsequent disposal of 
     expeditionary physical barrier materials in the procurement 
     process for such materials.
       (5) An assessment of the availability of new technologies 
     or designs that improve the capabilities or lifecycle costs 
     of expeditionary physical barrier systems.
                                 ______
                                 
  SA 2182. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. SECURITY CLEARANCES FOR CERTAIN SENATE PERSONAL 
                   OFFICE EMPLOYEES.

       (a) Definitions.--In this section--
       (1) the term ``covered committee of the Senate'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Select Committee on Intelligence of the Senate;
       (D) the Subcommittee on Defense of the Committee on 
     Appropriations of the Senate;
       (E) the Subcommittee on State, Foreign Operations, and 
     Related Programs of the Committee on Appropriations of the 
     Senate; and
       (F) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (2) the term ``covered Member of the Senate'' means a 
     Member of the Senate who serves on a covered committee of the 
     Senate; and
       (3) the term ``personal office employee'' means an 
     individual who is an employee serving in the official office 
     of a covered Member of the Senate.
       (b) Procedures.--Not later than 60 days after the date of 
     enactment of this Act, the Director of Senate Security, in 
     coordination with the Secretary of Defense and the Director 
     of National Intelligence, shall establish and implement 
     procedures that enable 1 personal office employee of each 
     covered Member of the Senate, to be designated by the covered 
     Member of the Senate, to obtain security clearances necessary 
     for access to classified national security information, 
     including top secret and sensitive compartmented information, 
     if the personal office employee meets the criteria for such 
     clearances.
                                 ______
                                 
  SA 2183. Mr. VITTER (for himself, Mr. Risch, Mr. Lee, and Mrs. 
Fischer) submitted an amendment intended to be proposed by him to the 
bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

[[Page S8216]]

     SEC. 1046. SENSE OF CONGRESS ON CESSATION OF PURSUIT OF 
                   BILATERAL REDUCTIONS IN UNITED STATES NUCLEAR 
                   FORCES WITH COUNTRIES IN ACTIVE NONCOMPLIANCE 
                   WITH CURRENT NUCLEAR ARMS REDUCTION 
                   OBLIGATIONS.

       It is the sense of Congress that the President should not 
     seek further reductions to United States nuclear forces, 
     including by negotiation, with a country that is in active 
     noncompliance with its existing nuclear arms reduction 
     obligations until, at the earliest, that noncompliance is 
     resolved.
                                 ______
                                 
  SA 2184. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.__.TRANSPARENCY OF COVERAGE DETERMINATION.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Chief Administrative Officer of 
     the House of Representatives and the Financial Clerk of the 
     Senate shall make publically available the determinations of 
     each member of the House of Representatives and each Senator, 
     as the case may be, regarding the designation of their 
     respective congressional staff (including leadership and 
     committee staff) as ``official'' for purposes of requiring 
     such staff to enroll in health insurance coverage provided 
     through an Exchange as required under section 1312(d)(1)(D) 
     of the Patient Protection and Affordable Care Act (42 U.S.C. 
     18032(d)(1)(D)), and the regulations relating to such 
     section.
       (b) Failure to Submit.--The failure by any member of the 
     House of Representatives or Senator to designate any of their 
     respective staff, whether committee or leadership staff, as 
     ``official'' (as described in subsection (a)), shall be noted 
     in the determination made publically available under 
     subsection (a) along with a statement that such failure 
     permits the staff involved to remain in the Federal Employee 
     Health Benefits Program.
       (c) Privacy.--Nothing in this Act shall be construed to 
     permit the release of any individually identifiable 
     information concerning any individual, including any health 
     plan selected by an individual.
                                 ______
                                 
  SA 2185. Mr. WICKER (for himself, Mr. Lee, Mrs. Fischer, and Mr. 
Cornyn) submitted an amendment intended to be proposed by him to the 
bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. LIMITATION ON CONSTRUCTION ON UNITED STATES SOIL 
                   OF SATELLITE POSITIONING GROUND MONITORING 
                   STATIONS OF FOREIGN GOVERNMENTS.

       (a) Certification.--The President may not authorize or 
     permit the construction of a satellite positioning ground 
     monitoring station directly or indirectly controlled by a 
     foreign government on United States soil until the Secretary 
     of Defense and the Director of National Intelligence jointly 
     certify to Congress that such monitoring station will not 
     possess the capability or potential to be used for the 
     purpose of gathering intelligence or improving any foreign 
     weapons system.
       (b) Report.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense, the 
     Director of National Intelligence, and the Commander of the 
     United States Strategic Command shall jointly submit to the 
     appropriate committees of Congress a report on the use of 
     satellite positioning ground monitoring stations by foreign 
     governments for the purpose of gathering intelligence or 
     improving the accuracy of missile guidance systems.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description and assessment of the current and 
     potential use of satellite ground monitoring stations under 
     the control of foreign governments for the purpose of 
     gathering intelligence.
       (B) A description of the role of positioning satellites in 
     ballistic and tactical missile guidance systems.
       (C) A description and assessment of the current and 
     potential future use of satellite positioning ground 
     monitoring stations as a means of improving the accuracy of 
     satellite guided missiles.
       (3) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (4) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 2186. Mr. KIRK (for himself, Mr. Grassley, Mr. Harkin, Mr. Durbin, 
Mr. Boozman, Mrs. Gillibrand, and Mr. Pryor) submitted an amendment 
intended to be proposed by him to the bill S. 1197, to authorize 
appropriations for fiscal year 2014 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 314. DEPARTMENT OF DEFENSE MANUFACTURING ARSENAL STUDY 
                   AND REPORT.

       (a) Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study that examines how the Department 
     of Defense can improve its manufacturing arsenals located at 
     the Joint Manufacturing and Technology Center at Rock Island 
     Arsenal, Illinois, the Watervliet Arsenal in Watervliet, New 
     York, and the Pine Bluff Arsenal in Jefferson, Arkansas and 
     how the Department of Defense can more effectively use and 
     manage public-private partnerships to preserve critical 
     industrial capabilities at these facilities for future 
     national security requirements while providing a return on 
     investment to the Army.
       (2) Details of study.--The study required under paragraph 
     (1) shall include an examination of the following issues:
       (A) The effectiveness of the Department of Defense's 
     strategy to workload each of the arsenals and the potential 
     for alternative strategies that could better identify 
     workload for each arsenal.
       (B) The impact of the Army Working Capital Fund-driven rate 
     structure on public private partnerships at each arsenal.
       (C) The extent to which operations at each arsenal can be 
     streamlined, improved, or enhanced.
       (D) The effectiveness of the Army's implementation of 
     cooperative agreements authorized at manufacturing arsenals 
     under section 4544 of title 10, United States Code.
       (b) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the congressional defense committees a report on the study 
     conducted under this section. The report shall include 
     recommendations to improve the Department of Defense's work 
     loading strategy.
                                 ______
                                 
  SA 2187. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1237. SUSPENSION AND REFORM OF UNITED STATES ARMS SALES 
                   TO EGYPT AND UNITED STATES ECONOMIC SUPPORT TO 
                   EGYPT.

       (a) Suspension and Reform of Arms Sales.--
       (1) In general.--The United States Government may not 
     license, approve, facilitate, or otherwise allow the sale, 
     lease, transfer, retransfer, or delivery of defense articles 
     or defense services to Egypt under section 38(a)(1) of the 
     Arms Export Control Act (22 U.S.C. 2778(a)(1)) until 15 days 
     after the President submits to the appropriate congressional 
     committees a certification that--
       (A) the Government of Egypt--
       (i) continues to implement the Peace Treaty between the 
     State of Israel and the Arab Republic of Egypt, signed at 
     Washington, March 26, 1979;
       (ii) is taking necessary and appropriate measures to 
     counter terrorism, including measures to counter smuggling 
     into the Gaza Strip by, among other measures, detecting and 
     destroying tunnels between Egypt and the Gaza Strip and 
     securing the Sinai peninsula;
       (iii) is allowing the Armed Forces of the United States to 
     transit the territory of Egypt, including through the 
     airspace and territorial waters of Egypt;
       (iv) is supporting a transition to an inclusive civilian 
     government by demonstrating a commitment to, and making 
     consistent progress toward, holding regular, credible 
     elections that are free, fair, and consistent with 
     internationally accepted standards;
       (v) is respecting and protecting the political and economic 
     freedoms of all residents of Egypt, including taking measures 
     to address violence against women and religious minorities;
       (vi) is respecting freedom of expression and due process of 
     law, including respecting the rights of women and religious 
     minorities; and

[[Page S8217]]

       (vii) is permitting nongovernmental organizations and civil 
     society groups in Egypt, the National Democratic Institute, 
     the International Republican Institute, Freedom House, and 
     the Konrad Adenauer Stiftung to operate freely and consistent 
     with internationally recognized practices; and
       (B) licensing, approving, facilitating, or otherwise 
     allowing the sale, lease, transfer, retransfer, or delivery 
     of defense articles or defense services to Egypt is in the 
     national security interests of the United States.
       (2) Exception.--The limitation under paragraph (1) shall 
     not apply to defense articles and defense services to be used 
     primarily for supporting or enabling counterterrorism, border 
     and maritime security, or special operations capabilities or 
     operations.
       (3) Waiver.--
       (A) In general.--The President may waive the limitation 
     under paragraph (1) for a 180-day period if, not later than 
     15 days before the waiver takes effect, the President--
       (i) certifies to the appropriate congressional committees 
     that licensing, approving, facilitating, or otherwise 
     allowing the sale, lease, transfer, retransfer, or delivery 
     of defense articles or defense services to Egypt is in the 
     vital national security interests of the United States; and
       (ii) provides to those committees a report--

       (I) detailing the reasons for the certification under 
     clause (i); and
       (II) analyzing the extent to which the actions of the 
     Government of Egypt do or do not satisfy each of the criteria 
     described in subparagraphs (A) and (B) of paragraph (1).

       (B) Extensions of waiver.--The President may extend the 
     effective period of a waiver under subparagraph (A) for an 
     additional 180-day period if, not later than 15 days before 
     the extension takes effect, the President submits to the 
     appropriate congressional committees an updated certification 
     and report that meet the requirements of that subparagraph.
       (b) Suspension and Reform of United States Economic Support 
     to Egypt.--
       (1) In general.--No bilateral economic assistance may be 
     provided to Egypt as direct budget support for the Government 
     of Egypt until 15 days after the Secretary of State certifies 
     to the appropriate congressional committees that--
       (A) providing such assistance is in the national security 
     interest of the United States;
       (B) the Government of Egypt--
       (i) continues to implement the peace treaty referred to in 
     subsection (a)(1)(A)(i);
       (ii) is supporting the transition to an inclusive civilian 
     government by demonstrating a commitment to hold regular, 
     credible elections that are free, fair, and consistent with 
     internationally accepted standards;
       (iii) is respecting and protecting the political, economic, 
     and religious freedoms of all residents of Egypt, including 
     taking measures to address violence against women and 
     religious minorities;
       (iv) is permitting nongovernmental organizations and civil 
     society groups in Egypt, including the National Democratic 
     Institute, the International Republican Institute, Freedom 
     House, and the Konrad Adenauer Stiftung to operate freely and 
     consistent with internationally recognized standards; and
       (v) is demonstrating a commitment to implementing economic 
     reforms, including reforms necessary to reduce the deficit 
     and ensure economic stability and growth.
       (2) Waiver.--
       (A) In general.--The President may waive the limitation 
     under paragraph (1) for a 180-day period if, not later than 
     15 days before the waiver takes effect, the President--
       (i) certifies to the appropriate congressional committees 
     that providing assistance described in that paragraph is in 
     the vital national security interests of the United States;
       (ii) submits to those committees a report--

       (I) detailing the reasons for the certification described 
     in clause (i); and
       (II) analyzing the extent to which the actions of the 
     Government of Egypt do or do not satisfy each of the criteria 
     described in subparagraphs (A) and (B) of paragraph (1).

       (B) Extensions of waiver.--The President may extend the 
     effective period of a waiver under subparagraph (A) for an 
     additional 180-day period if, not later than 15 days before 
     the extension takes effect, the President submits to the 
     appropriate congressional committees an updated certification 
     and report that meet the requirements of subparagraph (A).
       (c) Funding for Democracy and Governance Programs.--
       (1) In general.--If, in any fiscal year, bilateral economic 
     assistance is provided to Egypt pursuant to chapter 4 of part 
     II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
     seq.; relating to the Economic Support Fund), not less than 
     $50,000,000 of that assistance shall be provided through the 
     Department of State and the National Endowment for Democracy 
     for democracy and governance programs in Egypt.
       (2) Additional funding if waiver authority invoked.--If, in 
     any fiscal year, the President exercises the waiver authority 
     under subsection (b)(2) and bilateral economic assistance is 
     provided to Egypt pursuant to chapter 4 of part II of the 
     Foreign Assistance Act of 1961, not less than $25,000,000 of 
     that assistance (in addition to the amount provided for under 
     paragraph (1)) shall be provided through the Department of 
     State and the National Endowment for Democracy for democracy 
     and governance programs in Egypt.
       (d) Inapplicability of Certain Limitation.--The limitation 
     on the use of funds under section 7008 of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2012 (division I of Public Law 112-74; 
     125 Stat. 1195) shall not apply to assistance provided in 
     accordance with this section.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.
                                 ______
                                 
  SA 2188. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

       Subtitle D--Imposition of Sanctions With Respect to Syria

     SEC. 1241. DEFINITIONS.

       In this subtitle:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Finance, and the Committee on Banking, Housing, and Urban 
     Affairs of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on Ways 
     and Means, and the Committee on Financial Services of the 
     House of Representatives.
       (3) Defense article; defense service.--The terms ``defense 
     article'' and ``defense service'' have the meanings given 
     those terms in section 47 of the Arms Export Control Act (22 
     U.S.C. 2794).
       (4) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning of that term as 
     determined by the Secretary of the Treasury pursuant to 
     section 104(i) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 
     8513(i)).
       (5) Person.--The term ``person'' means an individual or 
     entity.
       (6) Petroleum.--The term ``petroleum'' includes crude oil 
     and any mixture of hydrocarbons that exists in liquid phase 
     in natural underground reservoirs and remains liquid at 
     atmospheric pressure after passing through surface separating 
     facilities.
       (7) Petroleum products.--The term ``petroleum products'' 
     includes unfinished oils, liquefied petroleum gases, pentanes 
     plus, aviation gasoline, motor gasoline, naptha-type jet 
     fuel, kerosene-type jet fuel, kerosene, distillate fuel oil, 
     residual fuel oil, petrochemical feedstocks, special 
     naphthas, lubricants, waxes, petroleum coke, asphalt, road 
     oil, still gas, miscellaneous products obtained from the 
     processing of crude oil (including lease condensate), natural 
     gas, and other hydrocarbon compounds.
       (8) Syrian financial institution.--The term ``Syrian 
     financial institution'' means--
       (A) a financial institution organized under the laws of 
     Syria or any jurisdiction within Syria, including a foreign 
     branch of such an institution;
       (B) a financial institution located in Syria;
       (C) a financial institution, wherever located, owned or 
     controlled by the Government of Syria; and
       (D) a financial institution, wherever located, owned or 
     controlled by a financial institution described in 
     subparagraph (A), (B), or (C).
       (9) United states person.--The term ``United States 
     person'' means--
       (A) a natural person who is a citizen or resident of the 
     United States or a national of the United States (as defined 
     in section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a))); and
       (B) an entity that is organized under the laws of the 
     United States or a jurisdiction within the United States.

     SEC. 1242. IMPOSITION OF SANCTIONS WITH RESPECT TO SELLING, 
                   TRANSFERRING, OR TRANSPORTING DEFENSE ARTICLES, 
                   DEFENSE SERVICES, OR MILITARY TRAINING TO THE 
                   ASSAD REGIME OF SYRIA.

       On or after the date that is 30 days after the date of the 
     enactment of this Act, the President may impose sanctions 
     from among the sanctions described in section 1245 with 
     respect to any person that the President determines has, on 
     or after such date of enactment, knowingly participated in or 
     facilitated a significant transaction related to the sale, 
     transfer, or transportation of defense articles, defense 
     services, or military training to the Assad regime of Syria 
     or any successor regime in Syria that the President 
     determines is not a legitimate transitional or replacement 
     government.

[[Page S8218]]

     SEC. 1243. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 
                   PROVIDING PETROLEUM OR PETROLEUM PRODUCTS TO 
                   THE ASSAD REGIME OF SYRIA.

       On or after the date that is 30 days after the date of the 
     enactment of this Act, the President shall impose the 
     sanction described in paragraph (5) of section 1245 and 2 or 
     more of the other sanctions described in that section with 
     respect to each person that the President determines has, on 
     or after such date of enactment, knowingly participated in or 
     facilitated a significant transaction related to the sale or 
     transfer of petroleum or petroleum products to the Assad 
     regime of Syria or any successor regime in Syria that the 
     President determines is not a legitimate transitional or 
     replacement government.

     SEC. 1244. IMPOSITION OF SANCTIONS WITH RESPECT TO CONDUCTING 
                   CERTAIN FINANCIAL TRANSACTIONS WITH THE CENTRAL 
                   BANK OF SYRIA OR ANOTHER SYRIAN FINANCIAL 
                   INSTITUTION.

       (a) In General.--The President shall prohibit the opening, 
     and prohibit or impose strict conditions on the maintaining, 
     in the United States of a correspondent account or a payable-
     through account by a foreign financial institution that the 
     President determines has knowingly conducted, on or after the 
     date of the enactment of this Act, a significant transaction 
     with the Central Bank of Syria or another Syrian financial 
     institution designated by the Secretary of the Treasury for 
     the imposition of sanctions pursuant to the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) 
     related to the sale of defense articles to--
       (1) the Assad regime of Syria or any successor regime in 
     Syria that the President determines is not a legitimate 
     transitional or replacement government; or
       (2) any person added after April 28, 2011, and before the 
     date of the enactment of this Act, to the list of specially 
     designated nationals and blocked persons maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury in connection with the conflict in Syria.
       (b) Humanitarian Exception.--The President may not impose 
     sanctions under this section with respect to any person for 
     the provision of agricultural commodities, food, medicine, or 
     medical devices to Syria or the provision of humanitarian 
     assistance to the people of Syria.

     SEC. 1245. SANCTIONS DESCRIBED.

       The sanctions the President may impose with respect to a 
     person under sections 1242 and 1243 are the following:
       (1) Export-import bank assistance.--The President may 
     direct the Export-Import Bank of the United States not to 
     give approval to the issuance of any guarantee, insurance, 
     extension of credit, or participation in the extension of 
     credit in connection with the export of any goods or services 
     to the person.
       (2) Procurement sanction.--The President may prohibit the 
     United States Government from procuring, or entering into any 
     contract for the procurement of, any goods or services from 
     the person.
       (3) Arms export prohibition.--The President may prohibit 
     United States Government sales to the person of any item on 
     the United States Munitions List under section 38(a)(1) of 
     the Arms Export Control Act (22 U.S.C. 2778(a)(1)) and 
     require termination of sales to the person of any defense 
     articles, defense services, or design and construction 
     services under that Act (22 U.S.C. 2751 et seq.).
       (4) Dual-use export prohibition.--The President may deny 
     licenses and suspend existing licenses for the transfer to 
     the person of items the export of which is controlled under 
     the Export Administration Act of 1979 (50 U.S.C. App. 2401 et 
     seq.) (as in effect pursuant to the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.)) or the Export 
     Administration Regulations under subchapter C of chapter VII 
     of title 15, Code of Federal Regulations.
       (5) Blocking of assets.--The President may, pursuant to 
     such regulations as the President may prescribe, block and 
     prohibit all transactions in all property and interests in 
     property of the person if such property and interests in 
     property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (6) Visa ineligibility.--In the case of a person that is an 
     alien, the President may direct the Secretary of State to 
     deny a visa to, and the Secretary of Homeland Security to 
     exclude from the United States, the person, subject to 
     regulatory exceptions to permit the United States to comply 
     with the Agreement between the United Nations and the United 
     States of America regarding the Headquarters of the United 
     Nations, signed June 26, 1947, and entered into force 
     November 21, 1947, and other applicable international 
     obligations.

     SEC. 1246. WAIVERS.

       (a) General Waiver Authority.--The President may waive the 
     application of section 1242, 1243, or 1244 to a person or 
     category of persons for a period of 180 days, and may renew 
     the waiver for additional periods of 180 days, if the 
     President determines and reports to the appropriate 
     congressional committees every 180 days that the waiver is in 
     the vital national security interests of the United States.
       (b) Waiver for Humanitarian Needs.--The President may waive 
     the application of section 1243 to a person for a period of 
     180 days, and may renew the waiver for additional periods of 
     180 days, if the President determines and reports to the 
     appropriate congressional committees every 180 days that the 
     waiver is to necessary to permit the person to conduct or 
     facilitate a transaction that is necessary to meet 
     humanitarian needs of the people of Syria.
       (c) Form.--Each report submitted under subsection (a) or 
     (b) shall be submitted in unclassified form but may include a 
     classified annex.

     SEC. 1247. SENSE OF CONGRESS ON SANCTIONS.

       It is the sense of Congress that the President should work 
     closely with allies of the United States to obtain broad 
     multilateral support for countries to impose sanctions that 
     are equivalent to the sanctions set forth in this subtitle 
     under the laws of those countries.
                                 ______
                                 
  SA 2189. Mr. RUBIO (for himself, Mr. Cruz, Mr. Roberts, Mr. Hatch, 
and Mr. Cornyn) submitted an amendment intended to be proposed by him 
to the bill S. 1197, to authorize appropriations for fiscal year 2014 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1237. SENSE OF CONGRESS ON IRANIAN NUCLEAR PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) Diplomats from the Islamic Republic of Iran, the 
     European Union, the United States, the United Kingdom, 
     Germany, France, China, and Russia continue to discuss the 
     Government of Iran's illicit nuclear weapons program.
       (2) President of Iran Hasan Rouhani has in the past bragged 
     about his success in buying time for Iran to make nuclear 
     advances.
       (3) Iranian Supreme Leader Ayatollah Khamenei, who retains 
     control over Iran's nuclear program, recently claimed that 
     Iran did not desire nuclear weapons but said that if Iran 
     ``intended to possess nuclear weapons, no power could stop 
     us''.
       (4) The Government of Iran continues to expand Iran's 
     nuclear and missile programs in violation of multiple United 
     Nations Security Council resolutions.
       (5) The Government of Iran has a decades-long track record 
     of cheating on and violating commitments regarding its 
     nuclear program and has used more than 10 years of diplomatic 
     negotiations to buy more time to expand its nuclear weapons 
     program.
       (6) Iran remains the world's number one exporter of 
     terrorism and as recently as 2011 was plotting to assassinate 
     a foreign official on United States soil.
       (7) Over the last three decades, the Government of Iran and 
     its terrorist proxies have been responsible for the deaths of 
     Americans.
       (8) The Government of Iran and its terrorist proxies 
     continue to provide military and financial support to the 
     regime of Bashar al-Assad in Syria, aiding his regime's mass 
     killing of civilians.
       (9) The Government of Iran continues to sow instability in 
     its region and to threaten its neighbors, including United 
     States allies such as Israel.
       (10) The Government of Iran denies its people their 
     fundamental freedoms, including freedom of the press, freedom 
     of assembly, freedom of religion, and freedom of conscience.
       (11) International and United States sanctions imposed on 
     Iran have assisted in bringing Iran to the negotiating table.
       (12) Other countries, such as North Korea, have used 
     diplomatic talks regarding their nuclear programs to allow 
     time for the development of nuclear weapons.
       (13) Based on the Government of Iran's stockpile of low 
     enriched uranium and its plan to continue installing advanced 
     centrifuges, the Government of Iran could agree to suspend 
     all enrichment above 3.5 percent and still be in a position 
     to produce weapons-grade uranium without detection by the 
     middle of next year.
       (14) If the Government of Iran starts up its heavy water 
     reactor in Arak, it could establish an alternate pathway to a 
     nuclear weapon, producing enough plutonium each year for one 
     or two nuclear weapons.
       (15) Nineteen other nations currently access peaceful 
     nuclear energy without any enrichment or reprocessing 
     activities on their soil.
       (16) The Government of Iran could likewise achieve access 
     to peaceful nuclear energy without enrichment or reprocessing 
     activities on its own soil.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it shall be the policy of the United States that the 
     Government of Iran will not be allowed to develop a nuclear 
     weapon and that all instruments of United States power and 
     influence remain on the table to prevent this outcome;
       (2) the Government of Iran does not have an absolute or 
     inherent right to enrichment and reprocessing technologies 
     under the Treaty on the Non-Proliferation of Nuclear Weapons, 
     done at Washington, London, and Moscow July 1, 1968, and 
     entered into force

[[Page S8219]]

     March 5, 1970 (commonly known as the ``Nuclear Non-
     Proliferation Treaty'');
       (3) relief of sanctions related to Iran's nuclear program 
     imposed upon Iran by the United States should only be 
     provided once Iran has completely abandoned its nuclear 
     weapons program, including any enrichment or reprocessing 
     capability, and has provided complete transparency to the 
     International Atomic Energy Agency regarding its work on 
     weaponization of a nuclear device; and
       (4) until the Government of Iran has taken the actions set 
     forth in paragraph (3), Congress should move to pass a new 
     round of additional sanctions without delay.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed as an authorization for the use of force or 
     declaration of war.
                                 ______
                                 
  SA 2190. Mr. RUBIO (for himself, Mr. Tester, and Mr. Boozman) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 198, strike line 13 and insert the following:
     the uniformed services are increased by 1.8 percent.
       (c) Funding and Offset.--
       (1) Increase in amount for military personnel.--The amount 
     authorized to be appropriated for fiscal year by section 421 
     for military personnel is hereby increased by $600,000,000.
       (2) Decrease in amount for rdt army.--The amount 
     authorized to be appropriated for fiscal year 2014 by section 
     201 and available for Research, Development, Test, and 
     Evaluation, Army as specified in the funding table in section 
     4201 is hereby decreased by $71,223,000.
       (3) Decrease in amount for rdt navy.--The amount 
     authorized to be appropriated for fiscal year 2014 by section 
     201 and available for Research, Development, Test, and 
     Evaluation, Navy as specified in the funding table in section 
     4201 is hereby decreased by $141,015,000.
       (4) Decrease in amount for rdt air force.--The amount 
     authorized to be appropriated for fiscal year 2014 by section 
     201 and available for Research, Development, Test, and 
     Evaluation, Air Force as specified in the funding table in 
     section 4201 is hereby decreased by $227,890,000.
       (5) Decrease in amount for rdt defense-wide.--The amount 
     authorized to be appropriated for fiscal year 2014 by section 
     201 and available for Research, Development, Test, and 
     Evaluation, Defense-wide as specified in the funding table in 
     section 4201 is hereby decreased by $158,207,000.
       (6) Decrease in amount for ot defense management 
     support.--The amount authorized to be appropriated for fiscal 
     year 2014 by section 201 and available for Operational Test 
     and Evaluation, Defense Management Support as specified in 
     the funding table in section 4201 is hereby decreased by 
     $1,655,000.
                                 ______
                                 
  SA 2191. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2803. DEPARTMENT OF DEFENSE REPORT ON MILITARY HOUSING 
                   PRIVATIZATION INITIATIVE.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary of Defense shall issue a report to 
     Congress on the Military Housing Privatization Initiative 
     under subchapter IV of chapter 169 of title 10, United States 
     Code. The report shall include the details of any project 
     where the project owner has outstanding local, county, city, 
     town, or State tax obligations dating back over 12 months, as 
     determined by a final judgment by a tax authority.
                                 ______
                                 
  SA 2192. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 843. EXTENSION OF WHISTLEBLOWER PROTECTIONS FOR 
                   CONTRACTOR EMPLOYEES TO EMPLOYEES OF 
                   CONTRACTORS OF THE ELEMENTS OF THE INTELLIGENCE 
                   COMMUNITY.

       (a) Contractor Employees of DoD and Related Agencies.--
     Section 2409 of title 10, United States Code, is amended--
       (1) by striking subsection (e); and
       (2) by redesignating subsections (f) and (g) as subsections 
     (e) and (f), respectively.
       (b) Pilot Program on Other Contractor Employees.--Section 
     4712 of title 41, United States Code, is amended--
       (1) by striking subsection (f); and
       (2) by redesignating subsections (g), (h), and (i) as 
     subsection (f), (g), and (h), respectively.
                                 ______
                                 
  SA 2193. Mrs. McCASKILL (for herself and Mr. McCain) submitted an 
amendment intended to be proposed by her to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1054. PROHIBITION ON USE OF FUNDS FOR INCENTIVE PAYMENTS 
                   UNDER CERTAIN CONTRACTOR PREFERENCE AUTHORITY.

       Amounts authorized to be appropriated for fiscal year 2014 
     for the Department of Defense may not be used for incentive 
     payments for Indian organizations, Indian-owned economic 
     enterprises, and Native Hawaiian small business concerns 
     under subsection (f)(5) of clause 252.226-7001 of the 
     Department of Defense Supplement to the Federal Acquisition 
     Regulation.
                                 ______
                                 
  SA 2194. Mrs. McCASKILL (for herself and Mr. McCain) submitted an 
amendment intended to be proposed by her to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 864. SMALL BUSINESS GOALS.

       (a) Definitions.--In this section--
       (1) the term ``small business concern'' has the meaning 
     given that term under section 3 of the Small Business Act (15 
     U.S.C. 632); and
       (2) the term ``small business contracting goal'' means a 
     contracting or subcontracting goal for the utilization or 
     participation of small business concerns or types of small 
     business concerns established under section 8 of the Small 
     Business Act (15 U.S.C. 637).
       (b) Limitation.--In determining whether the Department of 
     Defense has met a small business contracting goal, the 
     Department of Defense may not include a contract or 
     subcontract awarded under the authority under the Small 
     Business Act that is--
       (1) awarded as a sole source contract; and
       (2) in an amount that is more than the limit on sole source 
     contracts under subpart 19.8 of part 19 of the Federal 
     Acquisition Regulation.
                                 ______
                                 
  SA 2195. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC.____.PROHIBITION ON PERFORMANCE AWARDS IN THE SENIOR 
                   EXECUTIVE SERVICE.

       (a) Definitions.--In this section, the terms ``agency'' and 
     ``career appointee'' have the meanings given such terms in 
     section 5381 of title 5, United States Code.
       (b) Prohibition.--On and after the date of enactment of 
     this Act, an agency may not pay an award under section 4507 
     or 5384 of title 5, United States Code, to a career appointee 
     that relates to any period of service performed during fiscal 
     year 2013 or fiscal year 2014.
                                 ______
                                 
  SA 2196. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1220. PROHIBITION ON USE OF UNITED STATES FUNDS FOR 
                   PROGRAMS AND PROJECTS IN AFGHANISTAN THAT 
                   CANNOT BE PHYSICALLY ACCESSED BY UNITED STATES 
                   GOVERNMENT CIVILIAN PERSONNEL.

       (a) Prohibition.--Amounts available to the department and 
     agencies of the United

[[Page S8220]]

     States Government may not be obligated or expended for a 
     program or project in Afghanistan if civilian personnel of 
     the United States Government with authority to conduct 
     oversight of such program or project cannot physically access 
     such program or project.
       (b) Waiver.--
       (1) In general.--The prohibition in subsection (a) may be 
     waived with respect to a program or project otherwise covered 
     by that subsection if a determination described in paragraph 
     (2) is made as follows:
       (A) In the case of a program or project with an estimated 
     lifecycle cost of less than $1,000,000, by the contracting 
     officer assigned to oversee the program or project.
       (B) In the case of a program or project with an estimated 
     lifecycle cost of $1,000,000 or more, but less than 
     $40,000,000, by the mission director of the department or 
     agency concerned, the United States Ambassador to 
     Afghanistan, or the Commander of the International Security 
     Assistance Force (ISAF).
       (C) In the case of a program or project with an estimated 
     lifecycle cost of $40,000,000 or more, by the head of the 
     department or agency of the United States Government 
     concerned.
       (2) Determination.--A determination described in this 
     paragraph with respect to a program or project is a 
     determination of each of the following:
       (A) That the program or project clearly contributes to 
     United States national interests or strategic objectives.
       (B) That the people of Afghanistan want or need the program 
     or project.
       (C) That the program or project has been coordinated with 
     the Afghanistan Government, and with any other implementing 
     agencies or international donors.
       (D) That security conditions permit effective 
     implementation and oversight of the program or project.
       (E) That the program or project includes safeguards to 
     detect, deter, and mitigate corruption.
       (F) That the people of Afghanistan have the financial 
     resources, technical capacity, and political will to sustain 
     the program or project.
       (G) That all implementing agencies have established 
     meaningful metrics for determining outcomes and measuring 
     success of the program or project.
                                 ______
                                 
  SA 2197. Mr. KAINE (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 573. ASSESSMENT OF ELEMENTARY AND SECONDARY SCIENCE, 
                   TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
                   PROGRAMS OF THE DEPARTMENT OF DEFENSE.

       (a) Assessment Required.--
       (1) In general.--The Secretary of Defense shall submit to 
     the congressional defense committees a report setting forth 
     an assessment of each program as follows:
       (A) The Army Educational Outreach Program (AEOP).
       (B) The STEM2Stern program of the Navy.
       (C) The DoD STARBASE program carried out by the Under 
     Secretary of Defense for Personnel and Readiness.
       (2) Consultation.--The Secretary of Defense shall conduct 
     assessments under this subsection in consultation with the 
     Secretary of Education and the heads of other appropriate 
     Federal agencies.
       (b) Elements.--The assessment of a program under subsection 
     (a) shall include the following:
       (1) An assessment of the current status of the program.
       (2) A determination as to the advisability of retaining, 
     terminating, or transferring the program to another agency, 
     together with a justification for the determination.
       (3) For a program determined under paragraph (2) to be 
     terminated, a justification why the science, technology, 
     engineering, and mathematics education requirements of the 
     program are no longer required.
       (4) For a program determined under paragraph (2) to be 
     transferred to the jurisdiction of another agency--
       (A) the name of such agency;
       (B) the funding anticipated to be provided the program by 
     such agency during the five-year period beginning on the date 
     of transfer; and
       (C) mechanisms to ensure that education under the program 
     will continue to meet the science, technology, engineering, 
     and mathematics education requirements of the Department of 
     Defense, including requirements for the dependents covered by 
     the program.
       (5) Metrics to assess whether a program under paragraph (3) 
     or (4) is meeting the requirements applicable to such program 
     under such paragraph.
       (c) Limitation on Certain Actions on Programs Pending 
     Submittal of Assessment.--A program specified in paragraph 
     (1) of subsection (a) may not be terminated or transferred to 
     the jurisdiction of another agency until 30 days after the 
     date on which the report required by that subsection is 
     submitted to the congressional defense committees.
                                 ______
                                 
  SA 2198. Mr. WHITEHOUSE (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 331 and insert the following:

     SEC. 331. STRATEGY FOR IMPROVING ASSET TRACKING AND IN-
                   TRANSIT VISIBILITY.

       (a) Strategy and Implementation Plans.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a 
     comprehensive strategy for improving asset tracking and in-
     transit visibility across the Department of Defense, together 
     with the plans of the military departments, for implementing 
     the strategy and ensuring compliance.
       (2) Elements.--The strategy and implementation plans 
     required under paragraph (1) shall include the following 
     elements:
       (A) The overarching goals and objectives desired from 
     implementation of the strategy.
       (B) A description of steps to achieve those goals and 
     objectives, as well as milestones and performance measures to 
     gauge results.
       (C) An estimate of the costs associated with executing the 
     plan, and the sources and types of resources and investments, 
     including skills, technology, human capital, information, and 
     other resources, required to meet the goals and objectives.
       (D) A description of roles and responsibilities for 
     managing and overseeing the implementation of the strategy, 
     including the role of program managers, and the establishment 
     of mechanisms for multiple stakeholders to coordinate their 
     efforts throughout implementation and make necessary 
     adjustments to the strategy based on performance.
       (E) A description of key factors external to the Department 
     of Defense and beyond its control that could significantly 
     affect the achievement of the long-term goals contained in 
     the strategy.
       (F) A detailed description of asset marking requirements 
     and how automated information and data capture technologies 
     could improve readiness, cost effectiveness, and performance.
       (G) A defined list of all categories of items that program 
     managers shall identify for the purposes of asset marking.
       (H) A description of steps to improve asset visibility 
     tracking for classified programs.
       (I) Steps to be undertaken to facilitate collaboration with 
     industry designed to capture best practices, lessons learned, 
     and any relevant technical matters.
       (J) A description of how improved asset tracking and in-
     transit visibility could enhance audit readiness, reduce 
     counterfeit risk, enhance logistical processes, and benefit 
     the Department of Defense.
       (b) Comptroller General Report.--Not later than one year 
     after the strategy is submitted under subsection (a), the 
     Comptroller General shall submit to the congressional defense 
     committees a report setting forth an assessment of the extent 
     to which the strategy, accompanying implementation, and asset 
     marking plans--
       (1) include the elements set forth under subsection (a)(2);
       (2) align to achieve the overarching asset visibility and 
     in-transit visibility goals and objectives of the Department 
     of Defense; and
       (3) have been implemented.
                                 ______
                                 
  SA 2199. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1066. REPORTS ON UNMANNED AIRCRAFT SYSTEMS.

       (a) Report on Collaboration, Demonstration, and Use Cases 
     and Data Sharing.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, the 
     Secretary of Transportation, the Administrator of the Federal 
     Aviation Administration, and the Administrator of the 
     National Aeronautics and Space Administration, on behalf of 
     the UAS Executive Committee, shall jointly submit a report to 
     the appropriate congressional committees that describes the 
     following:
       (1) The collaboration, demonstrations, and initial fielding 
     of unmanned aircraft systems at test sites within and outside 
     of restricted airspace.
       (2) The progress being made to develop public and civil 
     sense-and-avoid and command-and-control technology, including 
     the human factors and other technological challenges 
     identified in the Integration of Civil

[[Page S8221]]

     Unmanned Aircraft Systems in the National Airspace System 
     Roadmap, published by the Federal Aviation Administration on 
     November 7, 2013, and what role the test sites can play in 
     overcoming those challenges.
       (3) An assessment on the sharing of operational, 
     programmatic, and research data relating to unmanned aircraft 
     systems operations by the Federal Aviation Administration, 
     the Department of Defense, and the National Aeronautics and 
     Space Administration to help the Federal Aviation 
     Administration establish civil unmanned aircraft systems 
     certification standards, pilot certification and licensing, 
     and air traffic control procedures, including identifying the 
     locations selected to collect, analyze, and store the data.
       (4) The strategy to improve the effectiveness of 
     government-industry collaboration between UAS Executive 
     Committee members and relevant stakeholders regarding 
     National Airspace System integration, and how the test sites 
     can be used to improve this collaboration.
       (5) An evaluation of how best to overcome the national 
     security challenges identified in the NAS Roadmap referred to 
     in paragraph (2).
       (b) Report on Resource Requirements Needed for Unmanned 
     Aircraft Systems Described in 5-year Roadmap.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Secretary of Defense, on behalf of the UAS Executive 
     Committee, shall submit a report to the appropriate 
     congressional committees that describes the resource 
     requirements needed to meet the milestones for unmanned 
     aircraft systems integration described in the 5-year roadmap 
     described in section 332(a)(5) of the FAA Modernization and 
     Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).
       (c) Definitions.--In this section:
       (1) The term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Committee on Armed Services of the House of 
     Representatives;
       (E) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (F) the Committee on Science, Space, and Technology of the 
     House of Representatives; and
       (G) the Committee on Appropriations of the House of 
     Representatives.
       (2) The term ``UAS Executive Committee'' means the 
     Department of Defense-Federal Aviation Administration 
     executive committee described in section 1036(b) of the 
     Duncan Hunter National Defense Authorization Act for Fiscal 
     Year 2009 (Public Law 110-417; 122 Stat. 4596) established by 
     the Secretary of Defense and the Administrator of the Federal 
     Aviation Administration.
                                 ______
                                 
  SA 2200. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 547. ASSESSMENT OF MEMBER ABUSE OF CHAIN OF COMMAND 
                   POSITIONS TO GAIN ACCESS TO OR COERCE ANOTHER 
                   PERSON FOR A SEX-RELATED OFFENSE AS ADDITIONAL 
                   DUTIES OF INDEPENDENT PANELS FOR REVIEW OF 
                   MILITARY JUSTICE AND JUDICIAL PROCEEDINGS OF 
                   SEXUAL ASSAULT CASES.

       (a) Assessment as Additional Duty of Panel on Response 
     Systems to Sexual Assault Crimes.--Paragraph (1) of section 
     576(d) of the National Defense Authorization Act for Fiscal 
     Year 2013 (Public Law 112-239; 126 Stat. 1760), as amended by 
     section 545(a) of this Act, is further amended--
       (1) by redesignating subparagraph (L) as subparagraph (M); 
     and
       (2) by inserting after subparagraph (K) the following new 
     subparagraph (L):
       ``(L) An assessment of instances in the Armed Forces in 
     which a member of the Armed Forces has committing a sexual 
     act upon another person by abusing one's position in the 
     chain of command of the other person to gain access to or 
     coerce the other person.''.
       (b) Assessment of Consequences of Revision of Article 120 
     Sex-related Offenses as Additional Duty of Independent Panel 
     on Judicial Proceedings.--Paragraph (2) of such section, as 
     amended by section 546 of this Act, is further amended--
       (1) by redesignating subparagraph (M) as subparagraph (N); 
     and
       (2) by inserting after subparagraph (L) the following new 
     subparagraph (M):
       ``(M) Assess the likely consequences of amending of 
     definition of rape and sexual assault under section 120 of 
     title 10, United States Code (article 120 of the Uniform Code 
     of Military Justice), to expressly cover a situation in which 
     a person subject to the Uniform Code of Military Justice 
     commits a sexual act upon another person by abusing one's 
     position in the chain of command of the other person to gain 
     access to or coerce the other person.''.
                                 ______
                                 
  SA 2201. Mr. NELSON (for himself, Mr. Blumenthal, and Mr. Schumer) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 712 and insert the following:

     SEC. 712. TIMELINE FOR IMPLEMENTATION OF INTEROPERABLE 
                   ELECTRONIC HEALTH RECORDS.

       (a) Timeline.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly--
       (1) ensure that the electronic health record systems of the 
     Department of Defense and the Department of Veterans Affairs 
     are interoperable through compliance with the national 
     standards and architectural requirements identified by the 
     Department of Defense/Department of Veterans Affairs 
     Interagency Program Office, in collaboration with the Office 
     of the National Coordinator for Health Information Technology 
     of the Department of Health and Human Services; and
       (2) by not later than December 31, 2016, provide for the 
     deployment by the Department of Defense and the Department of 
     Veterans Affairs of modernized electronic health record 
     software supporting Department of Defense and Department of 
     Veterans Affairs clinicians in a manner that ensures 
     continuing compatibility with the interoperability platform 
     and full standards-based interoperability.
       (b) Implementation.--In implementing the interoperability 
     of electronic health records under subsection (a), the 
     Secretary of Defense and Secretary of Veterans Affairs shall 
     jointly consider the feasibility and advisability of each of 
     the following:
       (1) The creation of a health data authoritative source by 
     the Department of Defense and Department of Veterans Affairs 
     that can be accessed by multiple providers and standardizes 
     the input of new medical information.
       (2) The ability of patients of both the Department of 
     Defense and the Department of Veterans Affairs to download 
     the medical records of the patient (commonly referred to as 
     the ``Blue Button Initiative'').
       (3) Enabling each current member of the Armed Forces and 
     dependent of such a member to elect to receive an electronic 
     copy of the health care record of such individual.
       (4) The establishment of a secure, remote, network-
     accessible computer storage system (commonly referred to as 
     ``cloud storage'') to provide members of the Armed Forces and 
     veterans the ability to upload the health care records of the 
     member or veteran if the member or veteran elects to do so 
     and allow medical providers of the Department of Defense and 
     the Department of Veterans Affairs to access such records in 
     the course of providing care to the member or veteran.
       (c) Reports.--
       (1) Status report.--Not later than January 1, 2014, the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall jointly submit to Congress a report setting forth a 
     description of the current progress of the Secretaries in 
     achieving the full interoperability of personal health care 
     information between the Department of Defense and the 
     Department of Veterans Affairs. The report shall include a 
     description and assessment of lessons learned by the 
     Secretaries as a result of efforts undertaken by the 
     Secretary before the report to achieve the full 
     interoperability of such information.
       (2) Plan to meet timeline.--Not later than March 31, 2014, 
     the Secretary of Defense and the Secretary of Veterans 
     Affairs shall jointly submit to Congress a report setting 
     forth the plan of the Secretaries to meet the timeline 
     specified in subsection (a)(2), and any associated deadlines 
     and objectives.
                                 ______
                                 
  SA 2202. Mr. NELSON (for himself, Ms. Collins, Mr. Wyden, Mrs. Hagan, 
and Mr. Coons) submitted an amendment intended to be proposed by him to 
the bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 646. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR 
                   BENEFITS PLAN SURVIVOR ANNUITIES BY DEPENDENCY 
                   AND INDEMNITY COMPENSATION.

       (a) Repeal.--
       (1) In general.--Subchapter II of chapter 73 of title 10, 
     United States Code, is amended as follows:
       (A) In section 1450, by striking subsection (c).
       (B) In section 1451(c)--

[[Page S8222]]

       (i) by striking paragraph (2); and
       (ii) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (2) Conforming amendments.--Such subchapter is further 
     amended as follows:
       (A) In section 1450--
       (i) by striking subsection (e);
       (ii) by striking subsection (k); and
       (iii) by striking subsection (m).
       (B) In section 1451(g)(1), by striking subparagraph (C).
       (C) In section 1452--
       (i) in subsection (f)(2), by striking ``does not apply--'' 
     and all that follows and inserting ``does not apply in the 
     case of a deduction made through administrative error.''; and
       (ii) by striking subsection (g).
       (D) In section 1455(c), by striking ``, 1450(k)(2),''.
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date provided under subsection (f) by reason of the 
     amendments made by subsection (a).
       (c) Prohibition on Recoupment of Certain Amounts Previously 
     Refunded to SBP Recipients.--A surviving spouse who is or has 
     been in receipt of an annuity under the Survivor Benefit Plan 
     under subchapter II of chapter 73 of title 10, United States 
     Code, that is in effect before the effective date provided 
     under subsection (f) and that is adjusted by reason of the 
     amendments made by subsection (a) and who has received a 
     refund of retired pay under section 1450(e) of title 10, 
     United States Code, shall not be required to repay such 
     refund to the United States.
       (d) Repeal of Authority for Optional Annuity for Dependent 
     Children.--Section 1448(d) of such title is amended--
       (1) in paragraph (1), by striking ``Except as provided in 
     paragraph (2)(B), the Secretary concerned'' and inserting 
     ``The Secretary concerned''; and
       (2) in paragraph (2)--
       (A) by striking ``Dependent children.--'' and all that 
     follows through ``In the case of a member described in 
     paragraph (1),'' and inserting ``Dependent children annuity 
     when no eligible surviving spouse.--In the case of a member 
     described in paragraph (1),''; and
       (B) by striking subparagraph (B).
       (e) Restoration of Eligibility for Previously Eligible 
     Spouses.--The Secretary of the military department concerned 
     shall restore annuity eligibility to any eligible surviving 
     spouse who, in consultation with the Secretary, previously 
     elected to transfer payment of such annuity to a surviving 
     child or children under the provisions of section 
     1448(d)(2)(B) of title 10, United States Code, as in effect 
     on the day before the effective date provided under 
     subsection (f). Such eligibility shall be restored whether or 
     not payment to such child or children subsequently was 
     terminated due to loss of dependent status or death. For the 
     purposes of this subsection, an eligible spouse includes a 
     spouse who was previously eligible for payment of such 
     annuity and is not remarried, or remarried after having 
     attained age 55, or whose second or subsequent marriage has 
     been terminated by death, divorce or annulment.
       (f) Effective Date.--The sections and the amendments made 
     by this section shall take effect on the later of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted.
                                 ______
                                 
  SA 2203. Ms. MIKULSKI (for herself and Mr. Coats) submitted an 
amendment intended to be proposed by her to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. CONFIRMATION OF APPOINTMENT OF THE DIRECTOR OF THE 
                   NATIONAL SECURITY AGENCY.

       (a) Director of the National Security Agency.--Section 2 of 
     the National Security Agency Act of 1959 (50 U.S.C. 3602) is 
     amended--
       (1) by inserting ``(b)'' before ``There''; and
       (2) by inserting before subsection (b), as so designated by 
     paragraph (1), the following:
       ``(a)(1) There is a Director of the National Security 
     Agency.
       ``(2) The Director of the National Security Agency shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(3) The Director of the National Security Agency shall be 
     the head of the National Security Agency and shall discharge 
     such functions and duties as are provided by this Act or 
     otherwise by law or executive order.''.
       (b) Position of Importance and Responsibility.--The 
     President may designate the Director of the National Security 
     Agency as a position of importance and responsibility under 
     section 601 of title 10, United States Code.
       (c) Effective Date and Applicability.--
       (1) In general.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply upon the earlier of--
       (A) the date of the nomination by the President of an 
     individual to serve as the Director of the National Security 
     Agency, except that the individual serving as such Director 
     as of the date of the enactment of this Act may continue to 
     perform such duties after such date of nomination and until 
     the individual appointed as such Director, by and with the 
     advice and consent of the Senate, assumes the duties of such 
     Director; or
       (B) the date of the cessation of the performance of the 
     duties of such Director by the individual performing such 
     duties as of the date of the enactment of this Act.
       (2) Positions of importance and responsibility.--Subsection 
     (b) shall take effect on the date of the enactment of this 
     Act.

     SEC. _. PRESIDENTIAL APPOINTMENT AND SENATE CONFIRMATION OF 
                   THE INSPECTOR GENERAL OF THE NATIONAL SECURITY 
                   AGENCY.

       (a) In General.--The Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) in section 8G(a)(2), by striking ``the National 
     Security Agency,''; and
       (2) in section 12--
       (A) in paragraph (1), by striking ``or the Federal 
     Cochairpersons of the Commissions established under section 
     15301 of title 40, United States Code'' and inserting ``the 
     Federal Cochairpersons of the Commissions established under 
     section 15301 of title 40, United States Code; or the 
     Director of the National Security Agency''; and
       (B) in paragraph (2), by striking ``or the Commissions 
     established under section 15301 of title 40, United States 
     Code'' and inserting ``the Commissions established under 
     section 15301 of title 40, United States Code, or the 
     National Security Agency''.
       (b) Effective Date; Incumbent.--
       (1) Effective date.--The amendments made by subsection (a) 
     shall take effect on the date on which the first Director of 
     the National Security Agency takes office on or after the 
     date of the enactment of this Act.
       (2) Incumbent.--The individual serving as Inspector General 
     of the National Security Agency on the date of the enactment 
     of this Act shall be eligible to be appointed by the 
     President to a new term of service under section 3 of the 
     Inspector General Act of 1978 (5 U.S.C. App.), by and with 
     the advice and consent of the Senate.
                                 ______
                                 
  SA 2204. Mr. LEVIN (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1208. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO USE 
                   ACQUISITION AND CROSS-SERVICING AGREEMENTS TO 
                   LEND CERTAIN MILITARY EQUIPMENT TO CERTAIN 
                   FOREIGN FORCES FOR PERSONNEL PROTECTION AND 
                   SURVIVABILITY.

       Section 1202(e) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2413), as most recently amended by section 1202(b) 
     of the National Defense Authorization Act for Fiscal Year 
     2012 (Public Law 112-81; 125 Stat. 1621), is further amended 
     by striking ``September 30, 2014'' and inserting ``September 
     30, 2015''.
                                 ______
                                 
  SA 2205. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 514. REVIEW OF DISCHARGE CHARACTERIZATION OF FORMER 
                   MEMBERS OF THE ARMED FORCES WHO WERE DISCHARGED 
                   BY REASON OF SEXUAL ORIENTATION.

       (a) In General.--In accordance with this section, the 
     appropriate discharge boards--
       (1) shall review the discharge characterization of covered 
     members at the request of the covered member; and
       (2) if such characterization is any characterization except 
     honorable, may change such characterization to honorable.
       (b) Criteria.--In changing the discharge characterization 
     of a covered member to honorable under subsection (a)(2), the 
     Secretary of Defense shall ensure that such changes are 
     carried out consistently and uniformly across the military 
     departments using the following criteria:
       (1) The original discharge must be based on Don't Ask Don't 
     Tell (in this Act referred to as ``DADT'') or a similar 
     policy in place prior to the enactment of DADT.
       (2) Such discharge characterization shall be so changed if, 
     with respect to the original discharge, there were no 
     aggravating circumstances, such as misconduct, that would

[[Page S8223]]

     have independently led to a discharge characterization that 
     was any characterization except honorable. For purposes of 
     this paragraph, such aggravating circumstances may not 
     include--
       (A) an offense under section 925 of title 10, United States 
     Code (article 125 of the Uniform Code of Military Justice), 
     committed by a covered member against a person of the same 
     sex with the consent of such person; or
       (B) statements, consensual sexual conduct, or consensual 
     acts relating to sexual orientation or identity, or the 
     disclosure of such statements, conduct, or acts, that were 
     prohibited at the time of discharge but after the date of 
     such discharge became permitted.
       (3) When requesting a review, a covered member, or their 
     representative, shall be required to provide either--
       (A) documents consisting of--
       (i) a copy of the DD-214 form of the member;
       (ii) a personal affidavit of the circumstances surrounding 
     the discharge; and
       (iii) any relevant records pertaining to the discharge; or
       (B) an affidavit certifying that the member, or their 
     representative, does not have the documents specified in 
     subparagraph (A).
       (4) If a covered member provides an affidavit described in 
     subparagraph (B) of paragraph (3)--
       (A) the appropriate discharge board shall make every effort 
     to locate the documents specified in subparagraph (A) of such 
     paragraph within the records of the Department of Defense; 
     and
       (B) the absence of such documents may not be considered a 
     reason to deny a change of the discharge characterization 
     under subsection (a)(2).
       (c) Request for Review.--The appropriate discharge board 
     shall ensure the mechanism by which covered members, or their 
     representative, may request to have the discharge 
     characterization of the covered member reviewed under this 
     section is simple and straightforward.
       (d) Review.--
       (1) In general.--After a request has been made under 
     subsection (c), the appropriate discharge board shall review 
     all relevant laws, records of oral testimony previously 
     taken, service records, or any other relevant information 
     regarding the discharge characterization of the covered 
     member.
       (2) Additional materials.--If additional materials are 
     necessary for the review, the appropriate discharge board--
       (A) may request additional information from the covered 
     member or their representative, in writing, and specifically 
     detailing what is being requested; and
       (B) shall be responsible for obtaining a copy of the 
     necessary files of the covered member from the member, or 
     when applicable, from the Department of Defense.
       (e) Change of Characterization.--The appropriate discharge 
     board shall change the discharge characterization of a 
     covered member to honorable if such change is determined to 
     be appropriate after a review is conducted under subsection 
     (d) pursuant to the criteria under subsection (b). A covered 
     member, or the representative of the member, may appeal a 
     decision by the appropriate discharge board to not change the 
     discharge characterization by using the regular appeals 
     process of the board.
       (f) Change of Records.--For each covered member whose 
     discharge characterization is changed under subsection (e), 
     or for each covered member who was honorably discharged but 
     whose DD-214 form reflects the sexual orientation of the 
     member, the Secretary of Defense shall reissue to the member 
     or their representative a revised DD-214 form that reflects 
     the following:
       (1) For each covered member discharged, the Separation 
     Code, Reentry Code, Narrative Code, and Separation Authority 
     shall not reflect the sexual orientation of the member and 
     shall be placed under secretarial authority. Any other 
     similar indication of the sexual orientation or reason for 
     discharge shall be removed or changed accordingly to be 
     consistent with this paragraph.
       (2) For each covered member whose discharge occurred prior 
     to the creation of general secretarial authority, the 
     sections of the DD-214 form referred to paragraph (1) shall 
     be changed to similarly reflect a universal authority with 
     codes, authorities, and language applicable at the time of 
     discharge.
       (g) Status.--
       (1) In general.--Each covered member whose discharge 
     characterization is changed under subsection (e) shall be 
     treated without regard to the original discharge 
     characterization of the member, including for purposes of--
       (A) benefits provided by the Federal Government to an 
     individual by reason of service in the Armed Forces; and
       (B) all recognitions and honors that the Secretary of 
     Defense provides to members of the Armed Forces.
       (2) Reinstatement.--In carrying out paragraph (1)(B), the 
     Secretary shall reinstate all recognitions and honors of a 
     covered member whose discharge characterization is changed 
     under subsection (e) that the Secretary withheld because of 
     the original discharge characterization of the member.
       (h) Reports.--
       (1) Review.--The Secretary of Defense shall conduct a 
     review of the consistency and uniformity of the reviews 
     conducted under this section.
       (2) Reports.--Not later than 270 days after the date of the 
     enactment of this Act, and each year thereafter for a four-
     year period, the Secretary shall submit to Congress a report 
     on the reviews under paragraph (1). Such reports shall 
     include any comments or recommendations for continued 
     actions.
       (i) Historical Review.--The Secretary of each military 
     department shall ensure that oral historians of such 
     department--
       (1) review the facts and circumstances surrounding the 
     estimated 100,000 members of the Armed Forces discharged from 
     the Armed Forces between World War II and September 2011 
     because of the sexual orientation of the member; and
       (2) receive oral testimony of individuals who personally 
     experienced discrimination and discharge because of the 
     actual or perceived sexual orientation of the individual so 
     that such testimony may serve as an official record of these 
     discriminatory policies and their impact on American lives.
       (j) Definitions.--In this section:
       (1) The term ``appropriate discharge board'' means the 
     boards for correction of military records under section 1552 
     of title 10, United States Code, or the discharge review 
     boards under section 1553 of such title, as the case may be.
       (2) The term ``covered member'' means any former member of 
     the Armed Forces who was discharged from the Armed Forces 
     because of the sexual orientation of the member.
       (3) The term ``discharge characterization'' means the 
     characterization under which a member of the Armed Forces is 
     discharged or released, including ``dishonorable'', 
     ``general'', ``other than honorable'', and ``honorable''.
       (4) The term ``Don't Ask Don't Tell'' means section 654 of 
     title 10, United States Code, as in effect before such 
     section was repealed pursuant to the Don't Ask, Don't Tell 
     Repeal Act of 2010 (Public Law 111-321).
       (5) The term ``representative'' means the surviving spouse, 
     next of kin, or legal representative of a covered member
                                 ______
                                 
  SA 2206. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 353. ORDNANCE RELATED RECORDS REVIEW AND REPORTING 
                   REQUIREMENT FOR VIEQUES AND CULEBRA ISLANDS, 
                   PUERTO RICO.

       (a) Identification of Military Munitions and Navy 
     Operational History.--
       (1) Records review.--The Secretary of Defense shall conduct 
     a review of all existing Department of Defense records to 
     determine and describe the historical use of military 
     munitions and military training on the islands of Vieques and 
     Culebra, Puerto Rico, and in the nearby cays and waters. The 
     review shall, to the extent practicable and based on 
     historical documents available, identify the type of 
     munitions, the quantity of munitions, and the location where 
     such munitions may have potentially been used or may be 
     remaining on the islands of Vieques and Culebra, Puerto Rico, 
     and in the nearby cays or waters. The historical review shall 
     also determine the type of various military training 
     exercises that occurred on each island and in the nearby cays 
     and waters.
       (2) Cooperation and consultation.--The Secretary of Defense 
     may request the assistance of other Federal agencies and may 
     consult the Governor of Puerto Rico as may be determined 
     appropriate in conducting the review required by this 
     subsection and in preparing the report required by subsection 
     (b).
       (b) Report.--Not later than 450 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committee on Armed Services of the Senate and the 
     Committee on Armed Services of the House of Representatives, 
     and shall make publicly available, a report detailing the 
     findings and determinations of the review required by 
     subsection (a). The report shall be organized to include the 
     information detailed in subsection (a) in addition to site 
     history, site description, real estate ownership information, 
     and any other information about known military munitions and 
     military training that occurred historically on the islands 
     of Vieques and Culebra, Puerto Rico, and in the nearby cays 
     and waters. The report shall include any information and 
     recommendations that the Secretary determines appropriate 
     about the potential hazards to the public associated with 
     unexploded ordnance on the islands of Vieques and Culebra, 
     Puerto Rico, and in the nearby cays and waters.
       (c) Definitions.--In this section:
       (1) Military munitions.--The term ``military munitions'' 
     has the meaning given that term in section 101(e)(4) of title 
     10, United States Code.
       (2) Unexploded ordnance.--The term ``unexploded ordnance'' 
     has the meaning given that term in section 101(e)(5) of title 
     10, United States Code.
                                 ______
                                 
  SA 2207. Mr. BLUMENTHAL (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by

[[Page S8224]]

him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1522. REDUCTION IN FUNDING AVAILABLE FOR AFGHANISTAN 
                   SECURITY FORCES FUND FOR ROTARY WING AIRCRAFT.

       The amount authorized to be appropriated for fiscal year 
     2014 by section 1504 and available for Operation and 
     Maintenance for Overseas Contingency Operations for the 
     Afghanistan Security Forces Fund for the Ministry of Defense 
     for equipment and transportation, as specified in the funding 
     table in section 4302, is hereby reduced by $345,000,000, 
     with the amount of the reduction to be applied to amounts 
     otherwise so available for rotary wing aircraft.
                                 ______
                                 
  SA 2208. Mr. CASEY (for himself and Mr. Toomey) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 2833. LAND CONVEYANCE, PHILADELPHIA NAVAL SHIPYARD, 
                   PHILADELPHIA, PENNSYLVANIA.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey to the Philadelphia Regional Port Authority (in this 
     section referred to as the ``Port Authority'') all right, 
     title, and interest of the United States in and to a parcel 
     of real property, including any improvements thereon, 
     consisting of approximately .595 acres located at the 
     Philadelphia Naval Shipyard, Philadelphia, Pennsylvania. The 
     Secretary may void any land use restrictions associated with 
     the property to be conveyed under this subsection.
       (b) Consideration.--
       (1) Amount and determination.--As consideration for the 
     conveyance under subsection (a), the Port Authority shall pay 
     to the Secretary of the Navy an amount that is not less than 
     the fair market value of the conveyed property, as determined 
     by the Secretary. The Secretary's determination of fair 
     market value shall be final. In lieu of all or a portion of 
     cash payment of consideration, the Secretary may accept in-
     kind consideration.
       (2) Treatment of cash consideration.--The Secretary shall 
     deposit any cash payment received under paragraph (1) in the 
     special account in the Treasury established for that 
     Secretary under subsection (e) of section 2667 of title 10, 
     United States Code. The entire amount deposited shall be 
     available for use in accordance with paragraph (1)(D) of such 
     subsection.
       (c) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the Port 
     Authority to cover costs (except costs for environmental 
     remediation of the property) to be incurred by the Secretary, 
     or to reimburse the Secretary for costs incurred by the 
     Secretary, to carry out the conveyance under subsection (a), 
     including survey costs, costs related to environmental 
     documentation, and any other administrative costs related to 
     the conveyance. If amounts are collected from the Port 
     Authority in advance of the Secretary incurring the actual 
     costs, and the amount collected exceeds the costs actually 
     incurred by the Secretary to carry out the conveyance, the 
     Secretary shall refund the excess amount to the Port 
     Authority.
       (2) Treatment of amounts received.--Amounts received under 
     paragraph (1) as reimbursement for costs incurred by the 
     Secretary to carry out the conveyance under subsection (a) 
     shall be credited to the fund or account that was used to 
     cover those costs incurred by the Secretary in carrying out 
     the conveyance. Amounts so credited shall be merged with 
     amounts in such fund or account and shall be available for 
     the same purposes, and subject to the same conditions and 
     limitations, as amounts in such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the parcel of real property to be conveyed 
     under subsection (a) shall be determined by a survey 
     satisfactory to the Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 2209. Ms. KLOBUCHAR (for herself, Mr. Schatz, Mr. Pryor, and Mr. 
Casey) submitted an amendment intended to be proposed by her to the 
bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 226, between lines 14 and 15, insert the following:

                      Subtitle A--TRICARE Program

     SEC. 701. FUTURE AVAILABILITY OF TRICARE PRIME FOR CERTAIN 
                   BENEFICIARIES ENROLLED IN TRICARE PRIME.

       Section 732 of the National Defense Authorization Act for 
     Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1816) is 
     amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Access to TRICARE Prime.--
       ``(1) One-time election.--Subject to paragraph (3), the 
     Secretary shall ensure that each affected eligible 
     beneficiary who is enrolled in TRICARE Prime as of September 
     30, 2013, may make a one-time election to continue such 
     enrollment in TRICARE Prime, notwithstanding that a contract 
     described in subsection (a)(2)(A) does not allow for such 
     enrollment based on the location in which such beneficiary 
     resides. The beneficiary may continue such enrollment in 
     TRICARE Prime so long as the beneficiary resides in the same 
     ZIP code as the ZIP Code in which the beneficiary resided at 
     the time of such election.
       ``(2) Enrollment in tricare standard.--If an affected 
     eligible beneficiary makes the one-time election under 
     paragraph (1), the beneficiary may thereafter elect to enroll 
     in TRICARE Standard at any time in accordance with a contract 
     described in subsection (a)(2)(A).
       ``(3) Residence at time of election.--An affected eligible 
     beneficiary may not make the one-time election under 
     paragraph (1) if, at the time of such election, the 
     beneficiary does not reside in a ZIP code that is in a region 
     described in subsection (c)(1)(B).''.
                                 ______
                                 
  SA 2210. Ms. KLOBUCHAR (for herself, Mr. Schatz, and Mr. Casey) 
submitted an amendment intended to be proposed by her to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 226, between lines 14 and 15, insert the following:

                      Subtitle A--TRICARE Program

     SEC. 701. MODIFICATIONS OR REALIGNMENTS OF THE TRICARE 
                   PROGRAM.

       (a) Sense of Congress on Changes or Realignments of TRICARE 
     Prime Service Areas.--It is the sense of Congress that any 
     changes or realignments of the service areas of the TRICARE 
     Prime option of the TRICARE program that are implemented by 
     the Department of Defense should minimize their impact on 
     cost and beneficiary satisfaction for current beneficiaries 
     under the TRICARE program to the greatest extent practicable.
       (b) Report on Implementation of Reductions in TRICARE Prime 
     Service Areas.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report setting 
     forth the policy of the Department of Defense on the 
     implementation of reductions in the service areas of TRICARE 
     Prime.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the implementation of the transition 
     for eligible beneficiaries under the TRICARE program (other 
     than eligible beneficiaries on active duty in the Armed 
     Forces) who no longer have access to TRICARE Prime under 
     current TRICARE managed care contracts, including the 
     following:
       (i) The number of eligible beneficiaries who have 
     transitioned from TRICARE Prime to the TRICARE Standard 
     option of the TRICARE program since October 1, 2013.
       (ii) The number of affected eligible beneficiaries who 
     transferred their TRICARE Prime enrollment to a more distant 
     available Prime Service Area to remain in TRICARE Prime, by 
     State.
       (iii) The number of beneficiaries who were eligible to 
     transfer to a more distant available Prime Service Area, but 
     chose to use TRICARE Standard.
       (B) An estimate of the increased annual costs per 
     beneficiary incurred for healthcare under the TRICARE program 
     for eligible beneficiaries described in subparagraph (A).
       (C) A description of the plans of the Department to assess 
     the impact on access to healthcare and beneficiary 
     satisfaction for eligible beneficiaries described in 
     subparagraph (A).
                                 ______
                                 
  SA 2211. Ms. KLOBUCHAR (for herself and Mr. Donnelly) submitted an 
amendment intended to be proposed by her to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction,

[[Page S8225]]

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

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

     SEC. 514. REVIEW OF INTEGRATED DISABILITY EVALUATION SYSTEM.

       (a) Review.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, conduct 
     a review of--
       (1) the backlog of pending cases in the Integrated 
     Disability Evaluation System with respect to members of the 
     reserve components of the Armed Forces for the purpose of 
     addressing the matters specified in paragraph (1) of 
     subsection (b); and
       (2) the improvements to the Integrated Disability 
     Evaluation System specified in paragraph (2) of such 
     subsection.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the appropriate committees of Congress a report on the 
     review under subsection (a). The report shall include the 
     following:
       (1) With respect to the reserve components of the Armed 
     Forces--
       (A) the number of pending cases that exist as of the date 
     of the report, listed by military department, component, and, 
     with respect to the National Guard, State;
       (B) as of the date of the report, the average time it takes 
     each of the Department of Defense and the Department of 
     Veterans Affairs to process a case through each phase or step 
     of the Integrated Disability Evaluation System under such 
     Department's control;
       (C) a description of the measures the Secretary has taken 
     and will take to resolve the backlog of cases in the 
     Integrated Disability Evaluation System; and
       (D) the date by which the Secretary plans to resolve such 
     backlog for each military department.
       (2) With respect to the regular components and reserve 
     components of the Armed Forces--
       (A) a description of the progress being made by each of the 
     Department of Defense and the Department of Veterans Affairs 
     to transition the Integrated Disability Evaluation System to 
     an integrated and readily accessible electronic format that a 
     member of the Armed Forces may access to see the status of 
     the member during each phase of the system;
       (B) an estimate of the cost to complete the transition to 
     an integrated and readily accessible electronic format; and
       (C) an assessment of the feasibility of improving in-
     transit visibility of pending cases, including by 
     establishing a method of tracking a pending case when--
       (i) a military treatment facility is assigned a packet and 
     pending case for action regarding a member; and
       (ii) a packet is at the Veterans Tracking Application and 
     Disability Rating Activity Site of the Department of Veterans 
     Affairs.
       (c) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.
       (2) The term ``pending case'' means a case involving a 
     member of the Armed Forces who, as of the date of the review 
     under subsection (a), is within the Integrated Disability 
     Evaluation System and has been referred to a medical 
     evaluation board.
                                 ______
                                 
  SA 2212. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 593. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   USE OF DETERMINATIONS OF PERSONALITY DISORDER 
                   OR ADJUSTMENT DISORDER AS BASIS TO SEPARATE 
                   MEMBERS FROM THE ARMED FORCES.

       Not later than one year after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report setting forth an 
     evaluation of the following:
       (1) The use by the Secretaries of the military departments 
     of the authority to separate members of the Armed Forces from 
     the Armed Forces due to unfitness for duty because of a 
     mental condition not amounting to disability, including 
     separation on the basis of a personality disorder or 
     adjustment disorder, during the period beginning on January 
     1, 2007, and ending on the date of the enactment of this Act, 
     including the total number of members separated on such basis 
     during that period.
       (2) The extent to which the Secretaries of the military 
     departments complied with Department of Defense regulations 
     in separating members of the Armed Forces on the basis of a 
     personality disorder or adjustment disorder during that 
     period.
       (3) The impact of such a separation on the ability of 
     veterans so separated to obtain service-connected disability 
     compensation, disability severance pay, and disability 
     retirement pay.
       (4) The effectiveness of existing mechanisms for members of 
     the Armed Forces so separated to review or challenge 
     separations on that basis.
                                 ______
                                 
  SA 2213. Ms. KLOBUCHAR (for herself and Mr. Enzi) submitted an 
amendment intended to be proposed by her to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. GRANTS FOR EMERGENCY MEDICAL SERVICES PERSONNEL 
                   TRAINING FOR VETERANS.

       Section 330J(c) of the Public Health Service Act (42 U.S.C. 
     254c-15(c)) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(9) provide to military veterans who were certified as 
     military emergency medical technicians (or a substantially 
     similar military occupational specialty) with required 
     coursework and training that take into account, and are not 
     duplicative of, previous medical coursework and training 
     received when such veterans were active members of the Armed 
     Forces, to enable such veterans to satisfy emergency medical 
     services personnel certification requirements, as determined 
     by the appropriate State regulatory entity.''.
                                 ______
                                 
  SA 2214. Ms. KLOBUCHAR (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. DESIGNATION OF MEDICAL FACILITIES OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS AS HEALTH 
                   PROFESSIONAL SHORTAGE AREAS.

       (a) PHSA.--Section 332(a)(1) of the Public Health Service 
     Act (42 U.S.C. 254e(a)(1)) is amended in the second sentence 
     by inserting ``and medical facilities of the Department of 
     Veterans Affairs (including State homes, as defined in 
     section 101(19) of title 38, United States Code)'' after 
     ``(42 U.S.C. 1395x(aa)),''.
       (b) Concurrent Benefits.--
       (1) Scholarship program.--Section 338A(b) of the Public 
     Health Service Act (42 U.S.C. 254l(b)) is amended--
       (A) in paragraph (3), by striking ``and'';
       (B) in paragraph (4), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(5) not be participating in the Department of Veterans 
     Affairs Health Professionals Educational Assistance Program 
     under chapter 76 of title 38, United States Code.''.
       (2) Debt reduction program.--Section 338B(b) of the Public 
     Health Service Act (42 U.S.C. 254l-1(b)) is amended--
       (A) in paragraph (2), by striking ``and'';
       (B) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(4) not be participating in the Department of Veterans 
     Affairs Health Professionals Educational Assistance Program 
     under chapter 76 of title 38, United States Code.''.
       (c) Consultation.--In carrying out the National Health 
     Service Corps Program under subpart II of part D of title III 
     of the Public Health Service Act (42 U.S.C. 254d et seq.), 
     the Secretary of Health and Human Services shall consult with 
     the Secretary of Veterans Affairs with respect to health 
     professional shortage areas that are medical facilities of 
     the Department of Veterans Affairs (including State homes, as 
     defined in section 101(19) of title 38, United States Code).
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 2215. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal

[[Page S8226]]

year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 646. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR CERTAIN 
                   MILITARY RETIREES WITH COMPENSABLE SERVICE-
                   CONNECTED DISABILITIES.

       (a) Extension of Concurrent Receipt Authority to Retirees 
     With Service-Connected Disabilities Rated Less Than 50 
     Percent.--
       (1) Repeal of 50 percent requirement.--Section 1414 of 
     title 10, United States Code, is amended by striking 
     paragraph (2) of subsection (a).
       (2) Computation.--Paragraph (1) of subsection (c) of such 
     section is amended by adding at the end the following new 
     subparagraph:
       ``(G) For a month for which the retiree receives veterans' 
     disability compensation for a disability rated as 40 percent 
     or less or has a service-connected disability rated as zero 
     percent, $0.''.
       (b) Clerical Amendments.--
       (1) The heading of section 1414 of such title is amended to 
     read as follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       payment of retired pay and disability compensation''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 71 of such title is 
     amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent payment of 
              retired pay and disability compensation.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on July 1, 2014, and shall apply to 
     payments for months beginning on or after that date.

     SEC. 647. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendments To Standardize Similar Provisions.--
       (1) Qualified retirees.--Subsection (a) of section 1414 of 
     title 10, United States Code, as amended by section 646(a), 
     is amended--
       (A) by striking ``a member or'' and all that follows 
     through ``retiree')'' and inserting ``a qualified retiree''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(2) Qualified retirees.--For purposes of this section, a 
     qualified retiree, with respect to any month, is a member or 
     former member of the uniformed services who--
       ``(A) is entitled to retired pay (other than by reason of 
     section 12731b of this title); and
       ``(B) is also entitled for that month to veterans' 
     disability compensation.''.
       (2) Disability retirees.--Paragraph (2) of subsection (b) 
     of section 1414 of such title is amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on July 1, 2014, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 2216. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR 
                   CERTAIN INDIVIDUALS.

       (a) Definition.--In this section, the term ``unfunded 
     liability'' has the meaning given the term under section 8331 
     of title 5, United States Code.
       (b) Amendments.--
       (1) In general.--Section 8332(b) of title 5, United States 
     Code, is amended--
       (A) in paragraph (16), by striking ``and'' at the end;
       (B) in paragraph (17), by striking the period at the end 
     and inserting ``; and'';
       (C) by inserting after paragraph (17) the following:
       ``(18) any period of service performed--
       ``(A) not later than December 31, 1977;
       ``(B) while a citizen of the United States;
       ``(C) in the employ of--
       ``(i) Air America, Inc.; or
       ``(ii) any entity associated with, predecessor to, or 
     subsidiary to Air America, Inc., including--

       ``(I) Air Asia Company Limited;
       ``(II) CAT Incorporated;
       ``(III) Civil Air Transport Company Limited; and
       ``(IV) the Pacific Division of Southern Air Transport; and

       ``(D) during the period that Air America, Inc. or any other 
     entity described in subparagraph (C) was owned and controlled 
     by the United States Government.''; and
       (D) in the second undesignated paragraph following 
     paragraph (18) (as added by subparagraph (C)), by adding at 
     the end the following: ``For purposes of this subchapter, 
     service of the type described in paragraph (18) shall be 
     considered to have been service as an employee.''.
       (2) Exemption from deposit requirement.--Section 8334(g) of 
     title 5, United States Code, is amended--
       (A) in paragraph (5), by striking ``or'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(7) any period of service for which credit is allowed 
     under section 8332(b)(18) of this title.''.
       (c) Applicability.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     with respect to annuities commencing on or after the 
     effective date of this section.
       (2) Provisions relating to current annuitants.--
       (A) In general.--Except as provided under paragraph (4), 
     any individual who is entitled to an annuity for the month in 
     which this section becomes effective may elect to have the 
     amount of the annuity recomputed as if the amendments made by 
     this section had been in effect throughout all periods of 
     service on the basis of which the annuity is or may be based.
       (B) Submission of election.--An election to have an annuity 
     recomputed under subparagraph (A) shall be submitted to the 
     Office of Personnel Management not later than 2 years after 
     the effective date of this section.
       (C) Prospective application of recomputation.--A 
     recomputation under subparagraph (A) shall be effective as of 
     the date of the first payment under the annuity that is made 
     after the later of--
       (i) the date of the recomputation; or
       (ii) the effective date of this section.
       (D) No retroactive payments.--An individual may not receive 
     payments for any additional amounts that would have been 
     payable, if the amendments made by this section had been in 
     effect throughout all periods of service on the basis of 
     which the annuity is or may be based, for periods before the 
     first month for which recomputation is reflected in the 
     regular monthly annuity payments of the individual.
       (3) Provisions relating to individuals eligible for (but 
     not currently receiving) an annuity.--
       (A) In general.--
       (i) Election.--Except as provided under subparagraph 
     (B)(ii) and paragraph (4), an individual not described in 
     paragraph (2) who becomes eligible for an annuity or for an 
     increased annuity as a result of the enactment of this 
     section may elect to have the rights of the individual under 
     subchapter III of chapter 83 of title 5, United States Code, 
     determined as if the amendments made by this section had been 
     in effect throughout all periods of service on the basis of 
     which the annuity is or would be based.
       (ii) Submission of election.--An individual shall make an 
     election under clause (i) by submitting an appropriate 
     application to the Office of Personnel Management not later 
     than 2 years after the later of--

       (I) the effective date of this section; or
       (II) the date on which the individual separates from 
     service.

       (B) Commencement date; retroactivity.--
       (i) In general.--Subject to clause (ii), any entitlement to 
     an annuity or to an increased annuity resulting from an 
     election under subparagraph (A) shall be effective as of the 
     date on which regular monthly annuity payments begin to be 
     made in accordance with the amendments made by this section.
       (ii) No retroactive payments.--An individual may not 
     receive payments for any amounts that would have been 
     payable, if the amendments made by this section had been in 
     effect throughout all periods of service on the basis of 
     which the annuity or increased annuity is or may be based, 
     for periods before the first month for which regular monthly 
     annuity payments begin to be made in accordance with the 
     amendments made by this section.
       (iii) Retroactivity for purposes of entitlement to 
     annuity.--Any determination of the amount of any annuity, all 
     the requirements for entitlement to which (including 
     separation, but not including any application requirement) 
     would have been satisfied before the effective date of this 
     section if this section had been in effect (but would not 
     then otherwise have been satisfied absent this section) shall 
     be made as if application for the annuity had been submitted 
     as of the earliest date that would have been allowable, after 
     the date on which the individual separated from service, if 
     the amendments made by this section had been in effect 
     throughout the periods of service referred to in subparagraph 
     (A)(i).
       (4) No right to survivor annuity.--Notwithstanding section 
     8341 of title 5, United States Code, or any other provision 
     of law, an individual shall not be entitled to an annuity or 
     increased annuity under subchapter

[[Page S8227]]

     III of chapter 83 of such title based on service described in 
     section 8332(b)(18) of such title (as added by subsection 
     (b)(1)(C)) performed by a deceased individual.
       (d) Funding.--Any increase in the unfunded liability of the 
     Civil Service Retirement System attributable to the enactment 
     of this section shall be financed in accordance with section 
     8348(f) of title 5, United States Code.
       (e) Regulations.--The Director of the Office of Personnel 
     Management shall promulgate regulations necessary to carry 
     out this section, which shall include provisions under which 
     rules similar to those established under the amendments made 
     by section 201 of the Federal Employees' Retirement System 
     Act of 1986 (Public Law 99-335; 100 Stat. 588) shall be 
     applied with respect to any service described in section 
     8332(b)(18) of title 5, United States Code (as amended by 
     subsection (b)) that was subject to title II of the Social 
     Security Act.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first fiscal year beginning after the date of enactment of 
     this section.
                                 ______
                                 
  SA 2217. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 722. MEDICAL RESEARCH ON HYDROCEPHALUS.

       In conducting the Peer Reviewed Medical Research Program, 
     the Secretary of Defense may select medical research projects 
     relating to hydrocephalus under the program.
                                 ______
                                 
  SA 2218. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 514. INDEPENDENT ASSESSMENT ON ADVANCEMENT OF WOMEN IN 
                   THE ARMED FORCES.

       (a) Assessment Required.--
       (1) In general.--The Secretary of Defense shall provide for 
     an independent assessment of the manner in which current 
     laws, policies, and practices of the Department of Defense 
     support the full integration of women into the Armed Forces 
     throughout their military careers.
       (2) Independent entity.--The assessment shall be conducted 
     by an independent, non-governmental entity selected by the 
     Secretary from among entities described in section 501(c)(3) 
     of the Internal Revenue Code of 1986 and exempt from tax 
     under section 501(a) of such Code that have recognized 
     expertise in national security and military affairs and ready 
     access to appropriate policy experts throughout the United 
     States and internationally.
       (b) Elements.--The assessment conducted pursuant to 
     subsection (a) shall include the following:
       (1) A review of current Department of Defense policies 
     intended to ensure the physical safety of women in the Armed 
     Forces and the prevention of unwanted sexual contact.
       (2) A review of current and emerging data on the impacts of 
     broadening career opportunities for women in the Armed Forces 
     on the short-term and longer-term readiness of women for 
     military service, as well as potential implications for the 
     Department of Veterans Affairs.
       (3) An identification and assessment of barriers to the 
     equal advancement of women throughout their military careers.
       (4) An identification and assessment of options to enhance 
     the physical safety, short-term and long-term medical 
     readiness, and career advancement opportunities of women in 
     the Armed Forces.
       (5) An identification and assessment of the views of policy 
     leaders and experts from relevant fields, including the view 
     of international leaders and experts when applicable, on the 
     matters covered by the assessment.
       (c) Report.--
       (1) Submittal to secretary of defense.--Not later than 270 
     days after the date of the enactment of this Act, the entity 
     selected pursuant to subsection (a) to conduct the assessment 
     required by that subsection shall submit to the Secretary a 
     report on the findings of the entity as a result of the 
     assessment. The report shall be submitted in unclassified 
     form.
       (2) Transmittal to congress.--Not later than 90 days after 
     the date of the receipt of the report under paragraph (1), 
     the Secretary shall transmit the report to the congressional 
     defense committees, together with such comments on the report 
     as the Secretary considers appropriate.
       (d) Funding.--Of the amount authorized to be appropriated 
     for fiscal year 2014 by section 301 and available for 
     Operation and Maintenance, Defense-wide, for the Office of 
     Secretary of Defense Studies Fund as specified in the funding 
     tables in section 4301, $800,000 shall be available for the 
     assessment required by subsection (a).
                                 ______
                                 
  SA 2219. Mr. MENENDEZ (for himself, Mr. Isakson, Ms. Landrieu, Mr. 
Schumer, Mr. Vitter, Mr. Nelson, Mrs. Gillibrand, Mr. Cochran, Ms. 
Heitkamp, Ms. Warren, Mr. Markey, Mr. Schatz, Mr. Manchin, Mr. Booker, 
Mr. Begich, Mr. Casey, Mr. Hoeven, Mrs. Hagan, and Mr. Merkley) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of Division A, add the following:

                       TITLE XVI--FLOOD INSURANCE

     SECTION 1601. SHORT TITLE.

       This title may be cited as the ``Homeowner Flood Insurance 
     Affordability Act of 2013''.

     SEC. 1602. DEFINITIONS.

       As used in this title, the following definitions shall 
     apply:
       (1) Adjusted base flood elevation.--For purposes of rating 
     a floodproofed covered structure, the term ``adjusted base 
     flood elevation'' means the base flood elevation for a 
     covered structure on the applicable effective flood insurance 
     rate map, plus 1 foot.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Emergency Management Agency.
       (3) Affordability authority bill.--The term ``affordability 
     authority bill'' means a non-amendable bill that if enacted 
     would only grant the Administrator the authority necessary to 
     promulgate regulations in accordance with the criteria set 
     forth in section 1603(d)(2).
       (4) Affordability study.--The term ``affordability study'' 
     means the study required under section 100236 of the Biggert-
     Waters Flood Insurance Reform Act of 2012 (Public Law 112-
     141; 126 Stat. 957).
       (5) Applicable flood plain management measures.--The term 
     ``applicable flood plain management measures'' means flood 
     plain management measures adopted by a community under 
     section 60.3(c) of title 44, Code of Federal Regulations.
       (6) Covered structure.--The term ``covered structure'' 
     means a residential structure--
       (A) that is located in a community that has adopted flood 
     plain management measures that are approved by the Federal 
     Emergency Management Agency and that satisfy the requirements 
     for an exception for floodproofed residential basements under 
     section 60.6(c) of title 44, Code of Federal Regulations; and
       (B) that was built in compliance with the applicable flood 
     plain management measures.
       (7) Draft affordability framework.--The term ``draft 
     affordability framework'' means the draft programmatic and 
     regulatory framework required to be prepared by the 
     Administrator and submitted to Congress under section 1603(d) 
     addressing the issues of affordability of flood insurance 
     sold under the National Flood Insurance Program, including 
     issues identified in the affordability study.
       (8) Floodproofed elevation.--The term ``floodproofed 
     elevation'' means the height of floodproofing on a covered 
     structure, as identified on the Residential Basement 
     Floodproofing Certificate for the covered structure.
       (9) National flood insurance program.--The term ``National 
     Flood Insurance Program'' means the program established under 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
     seq.).

     SEC. 1603. DELAYED IMPLEMENTATION OF FLOOD INSURANCE RATE 
                   INCREASES; DRAFT AFFORDABILITY FRAMEWORK.

       (a) Delayed Implementation of Flood Insurance Rate 
     Increases.--
       (1) Grandfathered properties.--Beginning on the date of 
     enactment of this Act, the Administrator may not increase 
     risk premium rates for flood insurance for any property 
     located in an area subject to the premium adjustment required 
     under section 1308(h) of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4015(h)).
       (2) Pre-FIRM properties.--Beginning on the date of 
     enactment of this Act, the Administrator may not reduce the 
     risk premium rate subsidies for flood insurance for any 
     property--
       (A) described under section 1307(g)(1) of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4014(g)(1)); or
       (B) described under 1307(g)(3) of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4014(g)(3)), provided that 
     the decision of the

[[Page S8228]]

     policy holder to permit a lapse in flood insurance coverage 
     was as a result of the property no longer being required to 
     retain such coverage.
       (3) Expiration.--The prohibitions set forth under 
     paragraphs (1) and (2) shall expire 6 months after the later 
     of--
       (A) the date on which the Administrator proposes the draft 
     affordability framework;
       (B) the date on which any regulations proposed pursuant to 
     the authority that the Administrator is granted in the 
     affordability authority bill, if such bill is enacted, become 
     final; or
       (C) the date on which the Administrator certifies in 
     writing to Congress that the Federal Emergency Management 
     Agency has implemented a flood mapping approach that utilizes 
     sound scientific and engineering methodologies to determine 
     varying levels of flood risk in all areas participating in 
     the National Flood Insurance Program.
       (b) Property Sale Trigger.--Section 1307(g)(2) of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)(2)) 
     is amended to read as follows:
       ``(2) any property purchased after the expiration of the 6-
     month period set forth under section 1603(a)(3) of the 
     Homeowner Flood Insurance Affordability Act of 2013;''.
       (c) Treatment of Pre-FIRM Properties.--Beginning on the 
     date of enactment of this Act and ending upon the expiration 
     of the 6-month period set forth under subsection (a)(3), the 
     Administrator shall restore the risk premium rate subsidies 
     for flood insurance estimated under section 1307(a)(2) of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(2)) 
     for any property described in subparagraphs (A) and (B) of 
     subsection (a)(2) and in section 1307(g)(2) of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4014(g)(2)).
       (d) Draft Affordability Framework.--
       (1) In general.--The Administrator shall prepare a draft 
     affordability framework that proposes to address, via 
     programmatic and regulatory changes, the issues of 
     affordability of flood insurance sold under the National 
     Flood Insurance Program, including issues identified in the 
     affordability study.
       (2) Criteria.--In carrying out the requirements under 
     paragraph (1), the Administrator shall consider the following 
     criteria:
       (A) Accurate communication to consumers of the flood risk 
     associated with their property.
       (B) Targeted assistance to flood insurance policy holders 
     based on their financial ability to continue to participate 
     in the National Flood Insurance Program.
       (C) Individual or community actions to mitigate the risk of 
     flood or lower the cost of flood insurance.
       (D) The impact of increases in risk premium rates on 
     participation in the National Flood Insurance Program.
       (E) The impact flood insurance rate map updates have on the 
     affordability of flood insurance.
       (3) Deadline for submission.--Not later than 18 months 
     after the date on which the Administrator submits the 
     affordability study, the Administrator shall submit to the 
     full Committee on Banking, Housing, and Urban Affairs and the 
     full Committee on Appropriations of the Senate and the full 
     Committee on Financial Services and the full Committee on 
     Appropriations of the House of Representatives the draft 
     affordability framework.
       (e) Congressional Consideration of FEMA Affordability 
     Authorities.--
       (1) No referral.--Upon introduction in either House of 
     Congress, an affordability authority bill shall not be 
     referred to a committee and shall immediately be placed on 
     the calendar.
       (2) Consideration in the house of representatives.--
       (A) Proceeding to consideration.--It shall be in order to 
     move to proceed to consider the affordability authority bill 
     in the House. All points of order against the motion are 
     waived. Such a motion shall not be in order after the House 
     has disposed of a motion to proceed with respect to the 
     affordability authority bill. The previous question shall be 
     considered as ordered on the motion to its adoption without 
     intervening motion. The motion shall not be debatable. A 
     motion to reconsider the vote by which the motion is disposed 
     of shall not be in order.
       (B) Consideration.--The affordability authority bill shall 
     be considered as read. All points of order against the 
     affordability authority bill and against its consideration 
     are waived. The previous question shall be considered as 
     ordered on the affordability authority bill to its passage 
     without intervening motion except 10 hours of debate equally 
     divided and controlled by the proponent and an opponent. A 
     motion to reconsider the vote on passage of the affordability 
     authority bill shall not be in order.
       (3) Consideration in the senate.--
       (A) Placement on the calendar.--Upon introduction in the 
     Senate, an affordability authority bill shall be immediately 
     placed on the calendar.
       (B) Floor consideration.--Notwithstanding Rule XXII of the 
     Standing Rules of the Senate, it is in order, at any time 
     beginning on the day after the 6th day after the date of 
     introduction of an affordability authority bill (even if a 
     previous motion to the same effect has been disagreed to) to 
     move to proceed to the consideration of the affordability 
     authority bill and all points of order against consideration 
     of the affordability authority bill are waived. The motion to 
     proceed is not debatable. The motion is not subject to a 
     motion to postpone. A motion to reconsider the vote by which 
     the motion is agreed to or disagreed to shall not be in 
     order. If a motion to proceed to the consideration of the 
     affordability authority bill is agreed to, the affordability 
     authority bill shall remain the unfinished business until 
     disposed of.
       (C) Consideration.--All points of order against the 
     affordability authority bill are waived. Consideration of the 
     affordability authority bill and of all debatable motions and 
     appeals in connection therewith shall be limited to not more 
     than 10 hours which shall be divided equally between the 
     majority and minority leaders or their designees. A motion 
     further to limit debate on the affordability authority bill 
     is in order, and is not debatable.
       (D) No amendments.--An amendment to the affordability 
     authority bill, or a motion to postpone, or a motion to 
     proceed to the consideration of other business, or a motion 
     to commit or recommit the affordability authority bill, is 
     not in order.
       (E) Vote on passage.--If the Senate has voted to proceed to 
     the affordability authority bill, the vote on passage of the 
     affordability authority bill shall occur immediately 
     following the conclusion of consideration of the 
     affordability authority bill, and a single quorum call at the 
     conclusion of the debate if requested in accordance with the 
     rules of the Senate.
       (4) Amendment.--The affordability authority bill shall not 
     be subject to amendment in either the House of 
     Representatives or the Senate.
       (5) Consideration by the other house.--
       (A) In general.--If, before passing the affordability 
     authority bill, one House receives from the other an 
     affordability authority bill--
       (i) the affordability authority bill of the other House 
     shall not be referred to a committee; and
       (ii) the procedure in the receiving House shall be the same 
     as if no affordability authority bill had been received from 
     the other House except that the vote on passage shall be on 
     the affordability authority bill of the other House.
       (B) Revenue measure.--This subsection shall not apply to 
     the House of Representatives if the affordability authority 
     bill received from the Senate is a revenue measure.
       (6) Coordination with action by other house.--
       (A) Treatment of affordability authority bill of other 
     house.--If the Senate fails to introduce or consider a 
     affordability authority bill under this section, the 
     affordability authority bill of the House shall be entitled 
     to expedited floor procedures under this section.
       (B) Treatment of companion measures in the senate.--If 
     following passage of the affordability authority bill in the 
     Senate, the Senate then receives the affordability authority 
     bill from the House of Representatives, the House-passed 
     affordability authority bill shall not be debatable.
       (C) Vetoes.--If the President vetoes the affordability 
     authority bill, debate on a veto message in the Senate under 
     this section shall be 1 hour equally divided between the 
     majority and minority leaders or their designees.
       (7) Rules of the house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     it is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of an affordability 
     authority bill, and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change its rules at any time, in the same 
     manner, and to the same extent as in the case of any other 
     rule of that House.
       (f) Interagency Agreements.--The Administrator may enter 
     into an agreement with another Federal agency to--
       (1) complete the affordability study; or
       (2) prepare the draft affordability framework.
       (g) Clear Communications.--The Administrator shall clearly 
     communicate full flood risk determinations to individual 
     property owners regardless of whether their premium rates are 
     full actuarial rates.
       (h) Rule of Construction.--Nothing in this section shall be 
     construed to provide the Administrator with the authority to 
     provide assistance to homeowners based on affordability that 
     was not available prior to the enactment of the Biggert-
     Waters Flood Insurance Reform Act of 2012 (Public Law 112-
     141; 126 Stat. 916).

     SEC. 1604. AFFORDABILITY STUDY AND REPORT.

       Notwithstanding the deadline under section 100236(c) of the 
     Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 
     112-141; 126 Stat. 957), not later than 2 years after the 
     date of enactment of this Act, the Administrator shall submit 
     to the full Committee on Banking, Housing, and Urban Affairs 
     and the full Committee on Appropriations of the Senate and 
     the full Committee on Financial Services and the full 
     Committee on Appropriations of the House of Representatives 
     the affordability study and report required under such 
     section.

[[Page S8229]]

     SEC. 1605. AFFORDABILITY STUDY FUNDING.

       Section 100236(d) of the Biggert-Waters Flood Insurance 
     Reform Act of 2012 (Public Law 112-141; 126 Stat. 957) is 
     amended by striking ``not more than $750,000'' and inserting 
     ``such amounts as may be necessary''.

     SEC. 1606. FUNDS TO REIMBURSE HOMEOWNERS FOR SUCCESSFUL MAP 
                   APPEALS.

       (a) In General.--Section 1363(f) of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4104(f)) is amended by 
     striking the second sentence and inserting the following: 
     ``The Administrator may use such amounts from the National 
     Flood Insurance Fund established under section 1310 as may be 
     necessary to carry out this subsection.''.
       (b) Conforming Amendment.--Section 1310(a) of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(8) for carrying out section 1363(f).''.

     SEC. 1607. FLOOD PROTECTION SYSTEMS.

       (a) Adequate Progress on Construction of Flood Protection 
     Systems.--Section 1307(e) of the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4014(e)) is amended--
       (1) in the first sentence, by inserting ``or 
     reconstruction'' after ``construction'';
       (2) by amending the second sentence to read as follows: 
     ``The Administrator shall find that adequate progress on the 
     construction or reconstruction of a flood protection system, 
     based on the present value of the completed flood protection 
     system, has been made only if (1) 100 percent of the cost of 
     the system has been authorized, (2) at least 60 percent of 
     the cost of the system has been appropriated, (3) at least 50 
     percent of the cost of the system has been expended, and (4) 
     the system is at least 50 percent completed.''; and
       (3) by adding at the end the following: ``Notwithstanding 
     any other provision of law, in determining whether a 
     community has made adequate progress on the construction, 
     reconstruction, or improvement of a flood protection system, 
     the Administrator shall consider all sources of funding, 
     including Federal, State, and local funds.''.
       (b) Communities Restoring Disaccredited Flood Protection 
     Systems.--Section 1307(f) of the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4014(f)) is amended by amending the first 
     sentence to read as follows: ``Notwithstanding any other 
     provision of law, this subsection shall apply to riverine and 
     coastal levees that are located in a community which has been 
     determined by the Administrator of the Federal Emergency 
     Management Agency to be in the process of restoring flood 
     protection afforded by a flood protection system that had 
     been previously accredited on a Flood Insurance Rate Map as 
     providing 100-year frequency flood protection but no longer 
     does so, and shall apply without regard to the level of 
     Federal funding of or participation in the construction, 
     reconstruction, or improvement of the flood protection 
     system.''.

     SEC. 1608. TREATMENT OF FLOODPROOFED RESIDENTIAL BASEMENTS.

       Notwithstanding the Biggert-Waters Flood Insurance Reform 
     Act of 2012 (Public Law 112-141; 126 Stat. 916), the 
     amendments made by that Act, or any other provision of law, 
     the Administrator shall rate a covered structure using the 
     elevation difference between the floodproofed elevation of 
     the covered structure and the adjusted base flood elevation 
     of the covered structure.

     SEC. 1609. DESIGNATION OF FLOOD INSURANCE ADVOCATE.

       (a) In General.--The Administrator shall designate a Flood 
     Insurance Advocate to advocate for the fair treatment of 
     policy holders under the National Flood Insurance Program and 
     property owners in the mapping of flood hazards, the 
     identification of risks from flood, and the implementation of 
     measures to minimize the risk of flood.
       (b) Duties and Responsibilities.--The duties and 
     responsibilities of the Flood Insurance Advocate designated 
     under subsection (a) shall be to--
       (1) educate property owners and policyholders under the 
     National Flood Insurance Program on--
       (A) individual flood risks;
       (B) flood mitigation; and
       (C) measures to reduce flood insurance rates through 
     effective mitigation; and
       (D) the flood insurance rate map review and amendment 
     process;
       (2) assist policy holders under the National Flood 
     Insurance Program and property owners to understand the 
     procedural requirements related to appealing preliminary 
     flood insurance rate maps and implementing measures to 
     mitigate evolving flood risks;
       (3) assist in the development of regional capacity to 
     respond to individual constituent concerns about flood 
     insurance rate map amendments and revisions;
       (4) coordinate outreach and education with local officials 
     and community leaders in areas impacted by proposed flood 
     insurance rate map amendments and revisions; and
       (5) aid potential policy holders under the National Flood 
     Insurance Program in obtaining and verifying accurate and 
     reliable flood insurance rate information when purchasing or 
     renewing a flood insurance policy.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for each fiscal year such sums as may be 
     necessary to carry out the duties and responsibilities of the 
     Flood Insurance Advocate.
                                 ______
                                 
  SA 2220. Mr. TOOMEY (for himself and Mr. Casey) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1066. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   ASSESSMENT OF ARMY STUDY ON THE COMBAT VEHICLE 
                   INDUSTRIAL BASE.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the congressional defense 
     committees a report setting forth an assessment by the 
     Comptroller General of the study of the Army on the Bradley 
     Fighting Vehicle industrial base submitted to Congress 
     pursuant to the Conference Report to Accompany H.R. 4310 
     (112th Congress), the National Defense Authorization Act for 
     Fiscal Year 2013 (House Report 112-705).
       (b) Elements.--The report required by subsection (a) 
     shall--
       (1) address each of the combat vehicles included in the 
     study of the Army;
       (2) include an assessment of the reasonableness of the 
     study's methods including, but not limited to the 
     sufficiency, validity, and reliability of the data used to 
     conduct the study; and
       (3) include findings and recommendations on the combat 
     vehicle industrial base, but should not replicate the study 
     of the Army.
                                 ______
                                 
  SA 2221. Mr. BURR (for himself, Mr. Kirk, and Mr. Durbin) submitted 
an amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. CLARIFICATION OF VETERAN STATUS OF INDIVIDUALS WHO 
                   ATTENDED PREPARATORY SCHOOL OF SERVICE ACADEMY.

       (a) Clarification of Definition of Military Service.--
     Section 101 of title 38, United States Code, is amended--
       (1) in paragraph (21)(D), by inserting after ``Naval 
     Academy'' the following: ``(but, except for purposes of 
     chapter 17 of this title in accordance with section 
     107(e)(2), does not include any service performed by a 
     student at a preparatory school of a service academy who is 
     not otherwise a member of the Armed Forces)'';
       (2) in paragraph (22), by inserting before the period at 
     the end the following: ``or, except for purposes of chapter 
     17 of this title in accordance with section 107(e)(2), duty 
     performed by a student at a preparatory school of a service 
     academy who is not otherwise a member of the Armed Forces''; 
     and
       (3) in paragraph (23), by adding after the period at the 
     end the following: ``Except for purposes of chapter 17 of 
     this title in accordance with section 107(e)(2), such term 
     does not include duty performed by a student at a preparatory 
     school of a service academy who is not otherwise a member of 
     the Armed Forces.''.
       (b) Service Deemed Not To Be Active Service.--Section 107 
     of title 38, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(e)(1) Except as provided by paragraph (2), duty 
     performed by a student at a preparatory school of a service 
     academy who is not otherwise a member of the Armed Forces 
     shall not be deemed to have been active military, naval, or 
     air service for the purposes of any of the laws administered 
     by the Secretary, regardless of whether the student was 
     injured or disabled as a result of such duty.
       ``(2) Chapter 17 of this title shall apply to an individual 
     described in paragraph (1) with respect to furnishing 
     hospital care and medical services solely for an injury or 
     disability incurred by the individual as a result of military 
     training related to future active duty service performed as a 
     student during the course of required training at a 
     preparatory school of a service academy. An individual who 
     receives such care and services under this paragraph may not 
     be treated as a veteran for the purposes of any other 
     provision of law solely by reason of receiving such care and 
     services under this paragraph.''.
       (c) Small Business Concerns.--Section 8127(l) of title 38, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(3) The term `veteran', in accordance with sections 101 
     and 107 of this title, does not include an individual whose 
     veteran status is based solely on the attendance of the 
     individual as a student at a preparatory school of a service 
     academy, regardless of whether the individual was injured or 
     disabled as a result of duty performed as such a student.''.
       (d) Preference Eligible.--Section 2108 of title 5, United 
     States Code, is amended--
       (1) in paragraph (4)(B), by striking ``; and'' and 
     inserting a semicolon;

[[Page S8230]]

       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(6) an individual whose veteran status is based solely on 
     the attendance of the individual as a student at a 
     preparatory school of a service academy, regardless of 
     whether the individual was injured or disabled as a result of 
     duty performed as such a student, may not be treated as a 
     `veteran', `disabled veteran', or `preference eligible'.''.
                                 ______
                                 
  SA 2222. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SECTION 1082. PURCHASE OF PRISON-MADE PRODUCTS BY FEDERAL 
                   DEPARTMENTS.

       (a) Repeal of Purchase Requirement.--Section 4124 of title 
     18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``shall purchase'' and inserting ``may 
     purchase''; and
       (B) by inserting ``and services'' after ``such products''; 
     and
       (2) in subsection (c), by striking ``subject to the 
     requirements of subsection (a)'' and inserting ``that 
     purchases such products or services of the industries 
     authorized by this chapter''.
       (b) Technical and Conforming Amendment.--Section 8504 of 
     title 41, United States Code, is amended--
       (1) in subsection (a), by striking ``(a) In General.--''; 
     and
       (2) by striking subsection (b).

     SEC. 1083. PROHIBITION ON AWARD OF CERTAIN CONTRACTS TO 
                   FEDERAL PRISON INDUSTRIES, INC..

       Notwithstanding any other provision of law, a Federal 
     agency may not award a contract to Federal Prison Industries 
     after competition restricted to small business concerns under 
     section 15 of the Small Business Act (15 U.S.C. 644) or the 
     program established under section 8(a) of the Small Business 
     Act (15 U.S.C. 637(a)).

     SEC. 1084. SHARE OF INDEFINITE DELIVERY/INDEFINITE QUANTITY 
                   CONTRACTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council shall amend the Federal Acquisition Regulation to 
     require that if the head of an executive agency reduces the 
     quantity of items or services to be delivered under an 
     indefinite delivery/indefinite quantity contract to which 
     Federal Prison Industries is a party, the head of the 
     executive agency shall reduce Federal Prison Industries's 
     share of the items or services to be delivered under the 
     contract by the same percentage by which the total number of 
     items or services to be delivered under the contract from all 
     sources is reduced.
       (b) Definitions.--In this section--
       (1) the term ``executive agency'' has the meaning given the 
     term in section 133 of title 41, United States Code; and
       (2) the term ``Federal Acquisition Regulatory Council'' 
     means the Federal Acquisition Regulatory Council established 
     under section 1302(a) of title 41, United States Code.
                                 ______
                                 
  SA 2223. Mr. PAUL (for himself, Mr. Wyden, and Mr. Udall of Colorado) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CHALLENGES TO GOVERNMENT SURVEILLANCE.

       Section 702 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1881a) is amended by adding at the end the 
     following new subsection:
       ``(m) Challenges to Government Surveillance.--
       ``(1) Injury in fact.--In any claim in a civil action 
     brought in a court of the United States relating to 
     surveillance conducted under this section, the person 
     asserting the claim has suffered an injury in fact if the 
     person--
       ``(A) has a reasonable basis to believe that the person's 
     communications will be acquired under this section; and
       ``(B) has taken objectively reasonable steps to avoid 
     surveillance under this section.
       ``(2) Reasonable basis.--A person shall be presumed to have 
     demonstrated a reasonable basis to believe that the 
     communications of the person will be acquired under this 
     section if the profession of the person requires the person 
     regularly to communicate foreign intelligence information 
     with persons who--
       ``(A) are not United States persons; and
       ``(B) are located outside the United States.
       ``(3) Objective steps.--A person shall be presumed to have 
     taken objectively reasonable steps to avoid surveillance 
     under this section if the person demonstrates that the steps 
     were taken in reasonable response to rules of professional 
     conduct or analogous professional rules.''.
                                 ______
                                 
  SA 2224. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. IMPROVED ENUMERATION OF MEMBERS OF THE ARMED 
                   FORCES IN ANY TABULATION OF TOTAL POPULATION BY 
                   SECRETARY OF COMMERCE.

       (a) In General.--Section 141 of title 13, United States 
     Code, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Effective beginning with the 2020 decennial census of 
     population, in taking any tabulation of total population by 
     States, the Secretary shall take appropriate measures to 
     ensure, to the maximum extent practicable, that all members 
     of the Armed Forces deployed abroad on the date of taking 
     such tabulation are--
       ``(1) fully and accurately counted; and
       ``(2) properly attributed to the State in which their 
     residence at their permanent duty station or homeport is 
     located on such date.''.
       (b) Construction.--The amendments made by subsection (a) 
     shall not be construed to affect the residency status of any 
     member of the Armed Forces under any provision of law other 
     than title 13, United States Code.
                                 ______
                                 
  SA 2225. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. EXTENSION OF PERIOD FOR USE OF ENTITLEMENT TO 
                   POST-9/11 EDUCATIONAL ASSISTANCE FOR 
                   INDIVIDUALS WITH POST-TRAUMATIC STRESS DISORDER 
                   OR TRAUMATIC BRAIN INJURY.

       (a) Extended Period.--Section 3312 of title 38, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``in subsections (b) and 
     (c)'' and inserting ``in subsections (b), (c), and (d)''; and
       (2) by adding at the end the following new subsection:
       ``(d) Extended Period for Individuals With Post-traumatic 
     Stress Disorder or Traumatic Brain Injury.--Subject to 
     section 3695 of this title and except as provided in 
     subsections (b) and (c), an individual entitled to 
     educational assistance under this chapter who has a service-
     connected disability consisting of post-traumatic stress 
     disorder or traumatic brain injury is entitled to a number of 
     months of educational assistance under section 3313 of this 
     title equal to 54 months.''.
       (b) Reduced Amount.--Section 3313 of such title is amended 
     by adding at the end the following new subsection:
       ``(j) Reduced Amount for Individuals With Extended Period 
     of Assistance.--The amount of educational assistance payable 
     under this section to an individual described in section 
     3312(d) of this title shall be 67 percent of the amount 
     otherwise payable to such individual under this section.''.
                                 ______
                                 
  SA 2226. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SECTION 1082. PRESERVING FREEDOM FROM UNWARRANTED 
                   SURVEILLANCE.

       (a) Short Title.--This section may be cited as the 
     ``Preserving Freedom from Unwarranted Surveillance Act of 
     2013''.
       (b) Definitions.--In this section--
       (1) the term ``drone'' has the meaning given the term 
     ``unmanned aircraft'' in section 331 of the FAA Modernization 
     and Reform Act of 2012 (49 U.S.C. 40101 note); and
       (2) the term ``law enforcement party'' means a person or 
     entity authorized by law, or funded by the Government of the 
     United

[[Page S8231]]

     States, to investigate or prosecute offenses against the 
     United States.
       (c) Prohibited Use of Drones.--Except as provided in 
     subsection (d), a person or entity acting under the 
     authority, or funded in whole or in part by, the Government 
     of the United States shall not use a drone to gather evidence 
     or other information pertaining to criminal conduct or 
     conduct in violation of a statute or regulation except to the 
     extent authorized in a warrant that satisfies the 
     requirements of the Fourth Amendment to the Constitution of 
     the United States.
       (d) Exceptions.--This Act does not prohibit any of the 
     following:
       (1) Patrol of borders.--The use of a drone to patrol 
     national borders to prevent or deter illegal entry of any 
     persons or illegal substances.
       (2) Exigent circumstances.--The use of a drone by a law 
     enforcement party when exigent circumstances exist. For the 
     purposes of this paragraph, exigent circumstances exist when 
     the law enforcement party possesses reasonable suspicion that 
     under particular circumstances, swift action to prevent 
     imminent danger to the life of an individual is necessary.
       (3) High risk.--The use of a drone to counter a high risk 
     of a terrorist attack by a specific individual or 
     organization, when the Secretary of Homeland Security 
     determines credible intelligence indicates there is such a 
     risk.
       (e) Remedies for Violation.--Any aggrieved party may in a 
     civil action obtain all appropriate relief to prevent or 
     remedy a violation of this section.
       (f) Prohibition on Use of Evidence.--No evidence obtained 
     or collected in violation of this section may be admissible 
     as evidence in a criminal prosecution in any court of law in 
     the United States.
                                 ______
                                 
  SA 2227. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1208. LIMITATION ON FOREIGN ASSISTANCE TO PAKISTAN.

       No amounts may be obligated or expended to provide any 
     direct United States assistance to the Government of Pakistan 
     unless the President certifies to Congress that--
       (1) Dr. Shakil Afridi has been released from prison in 
     Pakistan;
       (2) any criminal charges brought against Dr. Afridi, 
     including treason, have been dropped; and
       (3) if necessary to ensure his freedom, Dr. Afridi has been 
     allowed to leave Pakistan.
                                 ______
                                 
  SA 2228. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF 
                   GOVERNORS OF THE FEDERAL RESERVE SYSTEM.

       (a) In General.--Notwithstanding section 714 of title 31, 
     United States Code, or any other provision of law, an audit 
     of the Board of Governors of the Federal Reserve System and 
     the Federal reserve banks under subsection (b) of such 
     section 714 shall be completed within 12 months of the date 
     of enactment of this Act.
       (b) Report.--
       (1) In general.--A report on the audit required under 
     subsection (a) shall be submitted by the Comptroller General 
     to the Congress before the end of the 90-day period beginning 
     on the date on which such audit is completed and made 
     available to the Speaker of the House, the majority and 
     minority leaders of the House of Representatives, the 
     majority and minority leaders of the Senate, the Chairman and 
     Ranking Member of the committee and each subcommittee of 
     jurisdiction in the House of Representatives and the Senate, 
     and any other Member of Congress who requests it.
       (2) Contents.--The report under paragraph (1) shall include 
     a detailed description of the findings and conclusion of the 
     Comptroller General with respect to the audit that is the 
     subject of the report, together with such recommendations for 
     legislative or administrative action as the Comptroller 
     General may determine to be appropriate.
       (c) Repeal of Certain Limitations.--Subsection (b) of 
     section 714 of title 31, United States Code, is amended by 
     striking all after ``in writing.''.
       (d) Technical and Conforming Amendment.--Section 714 of 
     title 31, United States Code, is amended by striking 
     subsection (f).

     SEC. 1083. AUDIT OF LOAN FILE REVIEWS REQUIRED BY ENFORCEMENT 
                   ACTIONS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct an audit of the review of loan files of 
     homeowners in foreclosure in 2009 or 2010, required as part 
     of the enforcement actions taken by the Board of Governors of 
     the Federal Reserve System against supervised financial 
     institutions.
       (b) Content of Audit.--The audit carried out pursuant to 
     subsection (a) shall consider, at a minimum--
       (1) the guidance given by the Board of Governors of the 
     Federal Reserve System to independent consultants retained by 
     the supervised financial institutions regarding the 
     procedures to be followed in conducting the file reviews;
       (2) the factors considered by independent consultants when 
     evaluating loan files;
       (3) the results obtained by the independent consultants 
     pursuant to those reviews;
       (4) the determinations made by the independent consultants 
     regarding the nature and extent of financial injury sustained 
     by each homeowner as well as the level and type of 
     remediation offered to each homeowner; and
       (5) the specific measures taken by the independent 
     consultants to verify, confirm, or rebut the assertions and 
     representations made by supervised financial institutions 
     regarding the contents of loan files and the extent of 
     financial injury to homeowners.
       (c) Report.--Not later than the end of the 6-month period 
     beginning on the date of the enactment of this Act, the 
     Comptroller General shall issue a report to the Congress 
     containing all findings and determinations made in carrying 
     out the audit required under subsection (a).
                                 ______
                                 
  SA 2229. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1220. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ.

       The Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 
     U.S.C. 1541 note) is repealed effective on the date of the 
     enactment of this Act or January 1, 2014, whichever occurs 
     later.
                                 ______
                                 
  SA 2230. Mr. PORTMAN (for himself and Mr. Tester) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 931 and insert the following:

     SEC. 931. PERSONNEL SECURITY.

       (a) Comparative Analysis.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, 
     acting through the Director of Cost Assessment and Program 
     Evaluation and in coordination with the Director of the 
     Office of Management and Budget, submit to Congress a report 
     setting forth a comprehensive analysis comparing the cost, 
     schedule, and performance of personnel security clearance 
     investigations and reinvestigations for employees and 
     contractor personnel of the Department of Defense that are 
     conducted by the Office of Personnel Management with the 
     cost, schedule, and performance of personnel security 
     clearance investigations and reinvestigations for such 
     personnel that are conducted by the components of the 
     Department of Defense.
       (2) Elements of analysis.--The analysis under paragraph (1) 
     shall do the following:
       (A) Determine, for each of the Office of Personnel 
     Management and the components of the Department that conduct 
     personnel security investigations, the cost, schedule, and 
     performance associated with personnel security investigations 
     and reinvestigations of each type and level of clearance, and 
     identify the elements that contribute to such cost, schedule, 
     and performance.
       (B) Identify mechanisms for permanently improving the 
     transparency of the cost structure of personnel security 
     investigations and reinvestigations.
       (b) Personnel Security for Department of Defense Employees 
     and Contractors.--
       (1) In general.--If the Secretary of Defense determines 
     that the current approach for obtaining personnel security 
     investigations and reinvestigations for employees and 
     contractor personnel of the Department of Defense is not the 
     most advantageous approach for the Department, the Secretary 
     shall develop a plan, by not later than October 1, 2014, for 
     the transition of personnel security investigations and 
     reinvestigations to the approach preferred by the Secretary.
       (2) Considerations.--In selecting the most advantageous 
     approach preferred for the Department under paragraph (1), 
     the Secretary shall consider ways in which cost, schedule, 
     and performance could be improved while

[[Page S8232]]

     conducting or providing supporting information for, personnel 
     security investigations and reinvestigations for employees 
     and contractor personnel of the Department.
       (c) Strategy for Continuous Modernization of Personnel 
     Security.--
       (1) Strategy required.--The Secretary of Defense, the 
     Director of National Intelligence, and the Director of the 
     Office of Management and Budget shall jointly develop and 
     implement a strategy to continuously modernize all aspects of 
     personnel security for the Department of Defense with the 
     objectives of lowering costs, increasing efficiencies, 
     enabling and encouraging reciprocity, and improving security.
       (2) Metrics.--
       (A) Metrics required.--In developing the strategy required 
     by paragraph (1), the Secretary and the Directors shall 
     jointly establish metrics to measure the effectiveness of the 
     strategy in meeting the objectives specified in that 
     paragraph.
       (B) Report.--At the same time the budget of the President 
     for each of fiscal years 2015 through 2018 is submitted to 
     Congress pursuant to section 1105 of title 31, United States 
     Code, the Secretary and the Directors shall jointly submit to 
     the appropriate committees of Congress a report on the 
     metrics established under paragraph (1), including an 
     assessment using the metrics of the effectiveness of the 
     strategy in meeting the objectives specified in paragraph 
     (1).
       (3) Elements.--In developing the strategy required by 
     paragraph (1), the Secretary and the Directors shall 
     consider, and may adopt, mechanisms for the following:
       (A) Elimination of manual or inefficient processes in 
     investigations and reinvestigations for personnel security, 
     wherever practicable, and automating and integrating the 
     elements of the investigation process, including in the 
     following:
       (i) The clearance application process.
       (ii) Case management.
       (iii) Adjudication management.
       (iv) Investigation methods for the collection, analysis, 
     storage, retrieval, and transfer of data and records.
       (v) Records management for access and eligibility 
     determinations.
       (B) Elimination or reduction, where possible, of the use of 
     databases and information sources that cannot be accessed and 
     processed automatically electronically, or modification of 
     such databases and information sources, if appropriate and 
     cost-effective, to enable electronic access and processing 
     within and between agencies.
       (C) Access and analysis of government, publically 
     available, and commercial data sources, including social 
     media, that provide independent information pertinent to 
     adjudication guidelines to improve quality and timeliness, 
     and reduce costs, of investigations and reinvestigations.
       (D) Use of government-developed and commercial technology 
     for continuous monitoring and evaluation of government and 
     commercial data sources that can identify and flag 
     information pertinent to adjudication guidelines and 
     eligibility determinations.
       (E) Standardization of forms used for routine reporting 
     required of cleared personnel (such as travel, foreign 
     contacts, and financial disclosures) and use of continuous 
     monitoring technology to access databases containing such 
     reportable information to independently obtain and analyze 
     reportable data and events.
       (F) Establishment of an authoritative central repository of 
     personnel security information that is accessible 
     electronically at multiple levels of classification and 
     eliminates technical barriers to rapid access to information 
     necessary for eligibility determinations and reciprocal 
     recognition thereof.
       (G) Elimination or reduction of the scope of, or alteration 
     of the schedule for, periodic reinvestigations of cleared 
     personnel, when such action is appropriate in light of the 
     information provided by continuous monitoring or evaluation 
     technology.
       (H) Electronic integration of personnel security processes 
     and information systems with insider threat detection and 
     monitoring systems, and pertinent law enforcement, 
     counterintelligence and intelligence information, for threat 
     detection and correlation.
       (I) Determination of the net value of implementing phased 
     investigative approaches designed to reach an adjudicative 
     decision sooner than is currently achievable by truncating 
     investigations based on thresholds where no derogatory 
     information or clearly unacceptably derogatory information is 
     obtained through initial background checks.
       (d) Reciprocity of Clearances.--The Secretary of Defense 
     and the Director of National Intelligence shall jointly 
     ensure that the transition of personnel security clearances 
     between and among Department of Defense components, 
     Department contractors, and Department contracts proceeds as 
     rapidly and inexpensively as possible, including through the 
     following:
       (1) By providing for reciprocity of personnel security 
     clearances among positions requiring personnel holding 
     secret, top secret, or sensitive compartmented information 
     clearances (the latter with a counterintelligence polygraph 
     examination), to the maximum extent feasible consistent with 
     national security requirements.
       (2) By permitting personnel, when feasible and consistent 
     with national security requirements, to begin work in 
     positions requiring additional security requirements, such as 
     a full-scope polygraph examination, pending satisfaction of 
     such additional requirements.
       (e) Benchmarks.--For purposes of carrying out the 
     requirements of this section, the Secretary of Defense and 
     the Director of National Intelligence shall jointly 
     determine, by not later than 180 days after the date of the 
     enactment of this Act, the following:
       (1) The current level of mobility and personnel security 
     clearance reciprocity of cleared personnel as personnel make 
     a transition between Department of Defense components, 
     between Department contracts, and between government and the 
     private sector.
       (2) The costs due to lost productivity in inefficiencies in 
     such transitions arising from personnel security clearance 
     matters.
       (f) Comptroller General Review.--
       (1) Review required.--Not later than 150 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall carry out a review of the personnel 
     security process.
       (2) Objective of review.--The objective of the review 
     required by paragraph (1) shall be to identify the following:
       (A) Differences between the metrics used by the Department 
     of Defense and other departments and agencies that grant 
     security clearances in granting reciprocity for security 
     clearances, and the manner in which such differences can be 
     harmonized.
       (B) The extent to which existing Federal Investigative 
     Standards are relevant, complete, and sufficient for guiding 
     agencies and individual investigators as they conduct their 
     security clearance background investigations.
       (C) The processes agencies have implemented to ensure 
     quality in the security clearance background investigation 
     process.
       (D) The extent to which agencies have developed and 
     implemented outcome-focused performance measures to track the 
     quality of security clearance investigations and any insights 
     from these measures.
       (E) The processes agencies have implemented for resolving 
     incomplete or subpar investigations, and the actions taken 
     against government employees and contractor personnel who 
     have demonstrated a consistent failure to abide by quality 
     assurance measures.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report on the 
     results of the review required by paragraph (1).
       (g) Task Force on Records Access for Security Clearance 
     Background Investigations.--
       (1) Establishment.--The Suitability and Security Clearance 
     Performance Accountability Council, as established by 
     Executive Order No. 13467, shall convene a task force to 
     examine the different policies and procedures that determine 
     the level of access to public records provided by State and 
     local authorities in response to investigative requests by 
     Federal Government employees or contracted employees carrying 
     out background investigations to determine an individual's 
     suitability for access to classified information or secure 
     government facilities.
       (2) Membership.--The members of the task force shall 
     include, but need not be limited to, the following:
       (A) The Chair of the Suitability and Security Clearance 
     Performance and Accountability Council, who shall serve as 
     chair of the task force.
       (B) Representative from the Office of Personnel Management.
       (C) Representative from the Office of the Director of 
     National Intelligence.
       (D) Representative from the Department of Defense 
     responsible for administering security clearance background 
     investigations.
       (E) Representatives from Federal law enforcement agencies 
     within the Department of Justice and the Department of 
     Homeland Security involved in security clearance background 
     investigations.
       (F) Representatives from State and local law enforcement 
     agencies, including--
       (i) agencies in rural areas that have limited resources and 
     less than 500 officers; and
       (ii) agencies that have more than 1,000 officers and 
     significant technological resources.
       (G) Representative from Federal, State, and local law 
     enforcement associations involved with security clearance 
     background administrative actions and appeals.
       (H) Representatives from Federal, State, and local judicial 
     systems involved in the sharing of records to support 
     security clearance background investigations.
       (3) Initial meeting.--The task force shall convene its 
     initial meeting not later than 45 days after the date of the 
     enactment of this Act.
       (4) Duties.--The task force shall do the following:
       (A) Analyze the degree to which State and local authorities 
     comply with investigative requests made by Federal Government 
     employees or contractor employees carrying out background 
     investigations to determine an individual's suitability for 
     access to classified information or secure government 
     facilities, including the degree to which investigative 
     requests are required but never formally requested.
       (B) Analyze limitations on the access to public records 
     provided by State and local authorities in response to 
     investigative requests by Federal Government employees and 
     contractor employees described in subparagraph (A), 
     including, but not be limited

[[Page S8233]]

     to, limitations relating to budget and staffing constraints 
     on State and local authorities, any procedural and legal 
     obstacles impairing Federal access to State and local law 
     enforcement records, or inadequate investigative procedural 
     standards for background investigators.
       (C) Provide recommendations for improving the degree of 
     cooperation and records-sharing between State and local 
     authorities and Federal Government employees and contractor 
     employees described in subparagraph (A).
       (5) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the task force shall submit to the 
     appropriate committees of Congress a report setting forth a 
     detailed statement of the findings and conclusions of the 
     task force pursuant to this subsection, together with the 
     recommendations of the task force for such legislative or 
     administrative action as the task force considers 
     appropriate.
       (h) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Oversight and Government Reform, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 2231. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. SENSE OF SENATE ON OBSERVANCE OF NATIONWIDE MOMENT 
                   OF REMEMBRANCE ON MEMORIAL DAY TO APPROPRIATELY 
                   HONOR UNITED STATES PATRIOTS LOST IN THE 
                   PURSUIT OF PEACE AND LIBERTY AROUND THE WORLD.

       (a) Findings.--The Senate makes the following findings:
       (1) The preservation of basic freedoms and world peace has 
     always been a valued objective of the United States.
       (2) Thousands of United States men and women have 
     selflessly given their lives in service as peacemakers and 
     peacekeepers.
       (3) The American people should continue to demonstrate the 
     appreciation and gratitude these patriots deserve and to 
     commemorate the ultimate sacrifice they made.
       (4) Memorial Day is the day of the year for the United 
     States to appropriately remember United States heroes by 
     inviting the people of the United States to respectfully 
     honor them at a designated time.
       (5) The playing of ``Taps'' symbolizes the solemn and 
     patriotic recognition of those Americans who died in service 
     to the United States.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the people of the United States should, as part of a 
     moment of remembrance on Memorial Day each year, observe that 
     moment with the playing of ``Taps'' in honor of the people of 
     the United States who gave their lives in the pursuit of 
     freedom and peace; and
       (2) that playing of ``Taps'' should take place at widely-
     attended public events on Memorial Day, including sporting 
     events and civic ceremonies.
                                 ______
                                 
  SA 2232. Mr. FLAKE (for himself, Mr. McCain, Mr. Alexander, Mr. 
Hatch, and Mr. Lee) submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. REFUND OF FUNDS USED BY STATES TO OPERATE NATIONAL 
                   PARKS DURING SHUTDOWN.

       (a) In General.--The Director of the National Park Service 
     shall refund to each State all funds of the State that were 
     used to reopen and temporarily operate a unit of the National 
     Park System during the period in October 2013 in which there 
     was a lapse in appropriations for the unit.
       (b) Funding.--Funds of the National Park Service that are 
     appropriated after the date of enactment of this Act shall be 
     used to carry out this section.
                                 ______
                                 
  SA 2233. Mr. KIRK (for himself, Mr. Coons, Mr. Blunt, Mr. Brown, and 
Ms. Stabenow) submitted an amendment intended to be proposed by him to 
the bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGIC 
                   PLAN.

       Section 102 of the America COMPETES Reauthorization Act of 
     2010 (42 U.S.C. 6622) is amended--
       (1) in subsection (b), by striking paragraph (7) and 
     inserting the following:
       ``(7) develop and update a national manufacturing 
     competitiveness strategic plan in accordance with subsection 
     (c).''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) National Manufacturing Competitiveness Strategic 
     Plan.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of the American Manufacturing Competitiveness 
     Act of 2013, the President shall submit to Congress, and 
     publish on an Internet website that is accessible to the 
     public, the strategic plan developed under paragraph (2).
       ``(2) Development.--The Committee shall develop (and update 
     as required under paragraph (8)), in coordination with the 
     National Economic Council, a strategic plan to improve 
     Government coordination and provide long-term guidance for 
     Federal programs and activities in support of United States 
     manufacturing competitiveness, including advanced 
     manufacturing research and development.
       ``(3) Committee chairperson.--In developing and updating 
     the strategic plan, the Secretary of Commerce, or a designee 
     of the Secretary, shall serve as the chairperson of the 
     Committee.
       ``(4) Goals.--The goals of such strategic plan shall be 
     to--
       ``(A) promote growth, job creation, sustainability, and 
     competitiveness in the United States manufacturing sector;
       ``(B) support the development of a skilled manufacturing 
     workforce;
       ``(C) enable innovation and investment in domestic 
     manufacturing; and
       ``(D) support national security.
       ``(5) Contents.--Such strategic plan shall--
       ``(A) specify and prioritize near-term and long-term 
     objectives to meet the goals of the plan, including research 
     and development objectives, the anticipated timeframe for 
     achieving the objectives, and the metrics for use in 
     assessing progress toward the objectives;
       ``(B) describe the progress made in achieving the 
     objectives from prior strategic plans, including a discussion 
     of why specific objectives were not met;
       ``(C) specify the role, including the programs and 
     activities, of each relevant Federal agency in meeting the 
     objectives of the strategic plan;
       ``(D) describe how the Federal agencies and federally 
     funded research and development centers supporting advanced 
     manufacturing research and development will foster the 
     transfer of research and development results into new 
     manufacturing technologies and United States based 
     manufacturing of new products and processes for the benefit 
     of society to ensure national, energy, and economic security;
       ``(E) describe how such Federal agencies and centers will 
     strengthen all levels of manufacturing education and training 
     programs to ensure an adequate, well-trained workforce;
       ``(F) describe how such Federal agencies and centers will 
     assist small and medium-sized manufacturers in developing and 
     implementing new products and processes;
       ``(G) take into consideration and include a discussion of 
     the analysis conducted under paragraph (6); and
       ``(H) solicit public input (which may be accomplished 
     through the establishment of an advisory panel under 
     paragraph (7)), including the views of a wide range of 
     stakeholders, and consider relevant recommendations of 
     Federal advisory committees.
       ``(6) Preliminary analysis.--
       ``(A) In general.--As part of developing such strategic 
     plan, the Committee, in collaboration with Federal 
     departments and agencies whose missions contribute to or are 
     affected by manufacturing, shall conduct an analysis of 
     factors that impact the competitiveness and growth of the 
     United States manufacturing sector, including--
       ``(i) research, development, innovation, transfer of 
     technologies to the marketplace, and commercialization 
     activities in the United States;
       ``(ii) the adequacy of the industrial base for maintaining 
     national security;
       ``(iii) the state and capabilities of the domestic 
     manufacturing workforce;
       ``(iv) export opportunities and domestic trade enforcement 
     policies;
       ``(v) financing, investment, and taxation policies and 
     practices;
       ``(vi) the state of emerging technologies and markets; and
       ``(vii) efforts and policies related to manufacturing 
     promotion undertaken by competing nations.
       ``(B) Reliance on existing information.--To the extent 
     practicable, in completing the analysis under subparagraph 
     (A), the Committee shall use existing information and the 
     results of previous studies and reports.
       ``(7) Advisory panel.--

[[Page S8234]]

       ``(A) Establishment.--The chairperson of the Committee may 
     appoint an advisory panel of private sector and nonprofit 
     leaders to provide input, perspective, and recommendations to 
     assist in the development of the strategic plan under this 
     subsection.
       ``(B) Membership.--The panel shall have no more than 15 
     members, and shall include representatives of manufacturing 
     businesses, labor representatives of the manufacturing 
     workforce, academia, and groups representing interests 
     affected by manufacturing activities.
       ``(C) Application of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.), other than 
     section 14 of such Act, shall apply to the Advisory Panel.
       ``(8) Updates.--Not later than May 1, 2018, and not less 
     frequently than once every 4 years thereafter, the President 
     shall submit to Congress, and publish on an Internet website 
     that is accessible to the public, an update of the strategic 
     plan transmitted under paragraph (1). Such updates shall be 
     developed in accordance with the procedures set forth under 
     this subsection.
       ``(9) Requirement to consider strategy in the budget.--In 
     preparing the budget for a fiscal year under section 1105(a) 
     of title 31, United States Code, the President shall include 
     information regarding the consistency of the budget with the 
     goals and recommendations included in the strategic plan 
     developed under this subsection applying to that fiscal 
     year.''.
                                 ______
                                 
  SA 2234. Ms. AYOTTE (for herself, Mrs. Shaheen, Mr. Blumenthal, and 
Mr. Murphy) submitted an amendment intended to be proposed by her to 
the bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2833. LAND CONVEYANCES RELATED TO ARMY RESERVE CENTERS 
                   IN NEW HAMPSHIRE AND CONNECTICUT.

       (a) Conveyances Authorized.--The Secretary of the Army may 
     convey without consideration the following parcels to the 
     designated entities for the specific purposes:
       (1) Approximately 3.4 acres and improvements known as the 
     Paul A. Doble Army Reserve Center in Portsmouth, New 
     Hampshire, to the City of Portsmouth for the public benefit 
     of a public park or recreational use.
       (2) Approximately 5.11 acres and improvements known as the 
     LT John S. Turner Army Reserve Center in Fairfield, 
     Connecticut, to the City of Fairfield for the public benefit 
     of a public park or recreational use.
       (3) Approximately 6.9 acres and improvements known as the 
     Paul J. Sutcovoy Army Reserve Center in Waterbury, 
     Connecticut, to the City of Waterbury for the public benefit 
     of emergency services and public safety activities.
       (b) Reversion.--Any deed of conveyance authorized under 
     this section shall provide that all of the property be used 
     and maintained for the purpose for which it was conveyed. If 
     the Secretary determines at any time that any real property 
     conveyed under subsection (a) ceases to be used or maintained 
     in accordance with the purposes of the conveyances specified 
     in such subsection, all right, title, and interest in and to 
     the property shall revert, at the option of the Secretary, to 
     the United States, and the United States shall have the right 
     of immediate entry onto the property. Any determination of 
     the Secretary under this subsection shall be made on the 
     record after an opportunity for a hearing.
       (c) Payment of Consideration in Lieu of Reversion.--If the 
     Secretary determines at any time that the real property 
     conveyed under subsection (a) is not being used in accordance 
     with the purpose of the conveyance specified in such 
     subsection, the Secretary may, in lieu of exercising the 
     right of reversion specified under subsection (b), require 
     the recipient City to pay to the United States an amount 
     equal to the fair market value of the property conveyed. The 
     fair market value of the property shall be determined by the 
     Secretary.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     recipient City to cover costs (except costs for environmental 
     remediation of the property) to be incurred by the Secretary, 
     or to reimburse the Secretary for costs incurred by the 
     Secretary, to carry out the conveyance under subsection (a), 
     including survey costs, costs related to environmental 
     documentation, and any other administrative costs related to 
     the conveyance. If amounts are collected in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the recipient City.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover those costs incurred 
     by the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (e) Treatment of Cash Consideration Received.--Any cash 
     payment received by the United States as consideration for 
     the conveyance or in lieu of reversion hereunder shall be 
     deposited in the special account in the Treasury established 
     under subsection (b) of section 572 of title 40, United 
     States Code, and shall be available in accordance with 
     paragraph (5)(B) of such subsection.
       (f) Description of Property.--The exact acreage and legal 
     description of each parcel of real property to be conveyed 
     under subsection (a) shall be determined by a survey 
     satisfactory to the Secretary of the Army.
       (g) Additional Terms and Conditions.--The Secretary of the 
     Army may require such additional terms and conditions in 
     connection with the conveyances under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
                                 ______
                                 
  SA 2235. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 237. UNITED STATES-ISRAEL MISSILE DEFENSE COOPERATION.

       (a) Findings.--Congress makes the following findings:
       (1) The State of Israel remains under the threat of 
     continuing attack from missiles, rockets, and mortars fired 
     at Israel by militants from terrorist organizations on its 
     southern border and by Hezbollah on its northern border, 
     which have killed and wounded many innocent Israeli 
     civilians. Israel also faces significant ballistic missile 
     threats from Iran and Syria.
       (2) The National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181) expressed the sense of Congress 
     that the United States should have an active program of 
     ballistic missile defense cooperation with Israel, and should 
     take steps to improve the coordination, interoperability, and 
     integration of United States and Israeli missile defense 
     capabilities, and to enhance the capability of both nations 
     to defend against ballistic missile threats present in the 
     Middle East region.
       (3) The United States-Israel Enhanced Security Cooperation 
     Act of 2012 (22 U.S.C. 8601 et seq.) states the policy of the 
     United States to support the inherent right of Israel to 
     self-defense and expresses the sense of Congress that the 
     United States Government should provide the Government of 
     Israel such support as may be necessary to increase 
     development and production of joint missile defense systems, 
     particularly such systems that defend against the urgent 
     threat posed to Israel and United States forces in the 
     region.
       (4) It is central to the national security interests of the 
     United States to support Israel's ability to defend itself 
     against missiles and rockets, including through joint 
     cooperation on the Arrow Weapon System (with Arrow-2 and 
     Arrow-3 interceptors) and the David's Sling Weapons System, 
     along with continued support for the Iron Dome short-range 
     rocket defense system.
       (5) The Arrow Weapon System, deployed with the Arrow-2 
     interceptor jointly developed by Israel and the United 
     States, has been operational since 2000 and defends Israel 
     against medium-range ballistic missiles.
       (6) The Arrow-3 interceptor, being jointly developed by the 
     United States and Israel, is designed to intercept ballistic 
     missiles with nuclear or chemical warheads at high altitude. 
     The Arrow-3 interceptor completed a successful fly-out test 
     in February 2013.
       (7) The David's Sling Weapon System, being jointly 
     developed by the United States and Israel, is designed to 
     intercept short-range ballistic missiles, medium-range and 
     long-range rockets, and cruise missiles. The David's Sling 
     Weapon System successfully intercepted an inert medium-range 
     rocket target in a November 2012 test.
       (8) The Israeli Defense Forces report that, during 
     Operation Pillar of Defense in November 2012, the Iron Dome 
     short-range rocket defense system achieved a success rate of 
     about 85 percent against rockets bound for Israeli population 
     centers and infrastructure, thus averting large-scale 
     casualties in Israel and enhancing Israel's operational 
     flexibility during the conflict.
       (9) Continued missile defense cooperation between the 
     United States and Israel will further develop and enhance the 
     missile defense capability, and thus the security, of both 
     the United States and Israel.
       (b) Sense of Congress.--Congress--
       (1) reaffirms its commitment to the security of our 
     strategic partner Israel;
       (2) supports maintenance of an active program of ballistic 
     missile defense cooperation with Israel;
       (3) supports efforts to enhance the capability of both the 
     United States and Israel to defend against ballistic missile 
     threats present in the Middle East region; and

[[Page S8235]]

       (4) urges the Department of Defense to take all appropriate 
     steps as may be necessary to improve the coordination, 
     interoperability, and integration of United States and 
     Israeli missile defense capabilities.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the status of missile defense cooperation between the United 
     States and Israel.
       (2) Elements.--The report under this subsection shall 
     include the following:
       (A) A description of the current program of ballistic 
     missile defense cooperation between the United States and 
     Israel, including its objectives and results to date.
       (B) A description of the actions taken within the previous 
     year to improve the coordination, interoperability, and 
     integration of the missile defense capabilities of the United 
     States and Israel.
       (C) A description of the actions planned to be taken by the 
     Government of the United States and the Government Israel 
     over the next year to improve the coordination, 
     interoperability, and integration of their missile defense 
     capabilities.
       (D) A description of the joint efforts of the United States 
     and Israel to develop ballistic missile defense technologies 
     and capabilities.
       (E) A description of the joint missile defense exercises 
     and training that have been conducted by the United States 
     and Israel, and the lessons learned from those exercises.
       (F) A description of the cooperation by the United States 
     and Israel in sharing ballistic missile threat assessments.
       (G) Any other matters the Secretary considers appropriate.
                                 ______
                                 
  SA 2236. Mr. BLUMENTHAL (for himself and Mrs. Gillibrand) submitted 
an amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 353. LIMITED DECONTAMINATION AUTHORITY FOR PORTIONS OF 
                   FORMER NAVAL BOMBARDMENT AREA, CULEBRA ISLAND, 
                   PUERTO RICO.

       (a) Decontamination Authority.--Notwithstanding section 
     204(c) of the Military Construction Authorization Act, 1974 
     (Public Law 93-166; 87 Stat. 668), and paragraph 9 of the 
     quitclaim deed relating to the transfer of the former 
     bombardment area on the island of Culebra in the Commonwealth 
     of Puerto Rico, the Secretary of Defense may authorize and 
     conduct activities for the removal of unexploded ordnance and 
     munitions scrap from those portions of the former bombardment 
     area that were explicitly identified as having regular public 
     access in the Department of Defense study entitled ``Study 
     Relating to the Presence of Unexploded Ordnance in a Portion 
     of the Former Naval Bombardment Area of Culebra Island, 
     Commonwealth of Puerto Rico'' and dated April 20, 2012, which 
     was prepared in accordance with section 2815 of the Ike 
     Skelton National Defense Authorization Act for Fiscal Year 
     2011 (Public Law 111-383; 124 Stat. 4464).
       (b) Exceptions.--In authorizing and conducting activities 
     for the removal of unexploded ordnance and munitions scrap 
     within the transferred former bombardment area, as authorized 
     by subsection (a), the Secretary of Defense may exclude areas 
     of dense vegetation and steep terrain that--
       (1) make public access difficult and public use infrequent; 
     and
       (2) would severely hamper the effectiveness and increase 
     the cost of removal activities.
       (c) Definitions.--In this section:
       (1) The term ``quitclaim deed'' refers to the quitclaim 
     deed from the United States to the Commonwealth of Puerto 
     Rico, signed by the Secretary of the Interior on August 11, 
     1982, for that portion of Tract (1b) consisting of the former 
     bombardment area on the island of Culebra, Puerto Rico.
       (2) The term ``unexploded ordnance'' has the meaning given 
     that term by section 101(e)(5) of title 10, United States 
     Code.
                                 ______
                                 
  SA 2237. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1054. PROTECTION OF DEPARTMENT OF DEFENSE INSTALLATIONS.

       (a) Secretary of Defense Authority.--Chapter 159 of title 
     10, United States Code, is amended by inserting after section 
     2671 the following new section:

     ``Sec. 2672. Protection of property

       ``(a) In General.--The Secretary of Defense shall protect 
     the buildings, grounds, and property that are under the 
     jurisdiction, custody, or control of the Department of 
     Defense and the persons on that property.
       ``(b) Officers and Agents.--(1)(A) The Secretary may 
     designate military or civilian personnel of the Department of 
     Defense as officers and agents to perform the functions of 
     the Secretary under subsection (a), including, with regard to 
     civilian officers and agents, duty in areas outside the 
     property specified in that subsection to the extent necessary 
     to protect that property and persons on that property.
       ``(B) A designation under subparagraph (A) may be made by 
     individual, by position, by installation, or by such other 
     category of personnel as the Secretary determines 
     appropriate.
       ``(C) In making a designation under subparagraph (A) with 
     respect to any category of personnel, the Secretary shall 
     specify each of the following:
       ``(i) The personnel or positions to be included in the 
     category.
       ``(ii) Which authorities provided for in paragraph (2) may 
     be exercised by personnel in that category.
       ``(iii) In the case of civilian personnel in that 
     category--
       ``(I) which authorities provided for in paragraph (2), if 
     any, are authorized to be exercised outside the property 
     specified in subsection (a); and
       ``(II) with respect to the exercise of any such authorities 
     outside the property specified in subsection (a), the 
     circumstances under which coordination with law enforcement 
     officials outside of the Department of Defense should be 
     sought in advance.
       ``(D) The Secretary may make a designation under 
     subparagraph (A) only if the Secretary determines, with 
     respect to the category of personnel to be covered by that 
     designation, that--
       ``(i) the exercise of each specific authority provided for 
     in paragraph (2) to be delegated to that category of 
     personnel is necessary for the performance of the duties of 
     the personnel in that category and such duties cannot be 
     performed as effectively without such authorities; and
       ``(ii) the necessary and proper training for the 
     authorities to be exercised is available to the personnel in 
     that category.
       ``(2) Subject to subsection (h) and to the extent 
     specifically authorized by the Secretary, while engaged in 
     the performance of official duties pursuant to this section, 
     an officer or agent designated under this subsection may--
       ``(A) enforce Federal laws and regulations for the 
     protection of persons and property;
       ``(B) carry firearms;
       ``(C) make arrests--
       ``(i) without a warrant for any offense against the United 
     States committed in the presence of the officer or agent; or
       ``(ii) for any felony cognizable under the laws of the 
     United States if the officer or agent has reasonable grounds 
     to believe that the person to be arrested has committed or is 
     committing a felony;
       ``(D) serve warrants and subpoenas issued under the 
     authority of the United States; and
       ``(E) conduct investigations, on and off the property in 
     question, of offenses that may have been committed against 
     property under the jurisdiction, custody, or control of the 
     Department of Defense or persons on such property.
       ``(c) Regulations.--(1) The Secretary may prescribe 
     regulations, including traffic regulations, necessary for the 
     protection and administration of property under the 
     jurisdiction, custody, or control of the Department of 
     Defense and persons on that property. The regulations may 
     include reasonable penalties, within the limits prescribed in 
     paragraph (2), for violations of the regulations. The 
     regulations shall be posted and remain posted in a 
     conspicuous place on the property to which they apply.
       ``(2) A person violating a regulation prescribed under this 
     subsection shall be fined under title 18, imprisoned for not 
     more than 30 days, or both.
       ``(d) Limitation on Delegation of Authority.--The authority 
     of the Secretary of Defense under subsections (b) and (c) may 
     be exercised only by the Secretary or the Deputy Secretary of 
     Defense.
       ``(e) Disposition of Persons Arrested.--A person who is 
     arrested pursuant to authority exercised under subsection (b) 
     may not be held in a military confinement facility, other 
     than in the case of a person who is subject to chapter 47 of 
     this title (the Uniform Code of Military Justice).
       ``(f) Facilities and Services of Other Agencies.--In 
     implementing this section, when the Secretary determines it 
     to be economical and in the public interest, the Secretary 
     may use the facilities and services of Federal, State, 
     tribal, and local law enforcement agencies, with the consent 
     of those agencies, and may reimburse those agencies for the 
     use of their facilities and services.
       ``(g) Authority Outside Federal Property.--For the 
     protection of property under the jurisdiction, custody, or 
     control of the Department of Defense and persons on that 
     property, the Secretary may enter into agreements with 
     Federal agencies and with State, tribal, and local 
     governments to obtain authority for civilian officers and 
     agents designated under this section to enforce Federal laws 
     and State, tribal, and local laws concurrently with other 
     Federal law enforcement officers and with State, tribal, and 
     local law enforcement officers.
       ``(h) Attorney General Approval.--The powers granted 
     pursuant to subsection (b)(2)

[[Page S8236]]

     to officers and agents designated under subsection (b)(1) 
     shall be exercised in accordance with guidelines approved by 
     the Attorney General.
       ``(i) Limitation on Statutory Construction.--Nothing in 
     this section shall be construed--
       ``(1) to preclude or limit the authority of any Federal law 
     enforcement agency;
       ``(2) to restrict the authority of the Secretary of 
     Homeland Security under the Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) or the authority of the Administrator of 
     General Services, including the authority to promulgate 
     regulations affecting property under the custody and control 
     of that Secretary or the Administrator, respectively;
       ``(3) to expand or limit section 21 of the Internal 
     Security Act of 1950 (50 U.S.C. 797);
       ``(4) to affect chapter 47 of this title (the Uniform Code 
     of Military Justice); or
       ``(5) to restrict any other authority of the Secretary of 
     Defense or the Secretary of a military department.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 159 of such title is amended by 
     inserting after the item relating to section 2671 the 
     following new item:

``2672. Protection of property.''.
                                 ______
                                 
  SA 2238. Mr. BAUCUS submitted an amendment intended to be proposed to 
amendment SA 2100 submitted by Mr. Wyden (for himself and Mr. Heinrich) 
and intended to be proposed to the bill S. 1197, to authorize 
appropriations for fiscal year 2014 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 37, between lines 14 and 15, insert the following:
       (f) Payments in Lieu of Taxes.--Notwithstanding any other 
     provision of law, the land withdrawn under subsection (a) 
     shall be considered to be and treated as entitlement land (as 
     defined in section 6901 of title 31, United States Code).
                                 ______
                                 
  SA 2239. Mr. HEINRICH submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 31__. REPORT ON STATUS OF PILOT PROGRAM FOR TECHNOLOGY 
                   COMMERCIALIZATION.

       (a) Appointment of Technology Transfer Coordinator.--
     Section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 
     16391(a)) is amended by striking ``The Secretary'' and 
     inserting ``Not later than 30 days after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2014, the Secretary''.
       (b) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to Congress a report on the status of the pilot program 
     authorized under section 3165 of the National Defense 
     Authorization Act for Fiscal Year 2013 (50 U.S.C. 2794 note; 
     Public Law 112-239).
                                 ______
                                 
  SA 2240. Mr. HEINRICH (for himself and Mr. Udall of New Mexico) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 153. SENSE OF CONGRESS ON NONKINETIC COUNTER-ELECTRONIC 
                   SYSTEMS.

       It is the sense of Congress that--
       (1) in carrying out the developmental planning effort of 
     the Air Force for nonkinetic counter-electronics, the 
     Secretary of Defense should consider the results of the 
     successful joint technology capability demonstration 
     conducted by the counter-electronics high power microwave 
     missile project in 2012;
       (2) an analysis of alternatives is an important step in the 
     long term-term development of a nonkinetic counter-electronic 
     system;
       (3) the Secretary should pursue both near-term and long-
     term joint nonkinetic counter-electronic systems; and
       (4) the counter-electronics high power microwave missile 
     project (or a variant thereof) should be considered among the 
     options for a possible materiel solution in response to any 
     near-term joint urgent operational need, joint emergent 
     operational need, or combatant command integrated priority 
     for a nonkinetic counter-electronic system.
                                 ______
                                 
  SA 2241. Mr. HEINRICH (for himself and Mr. Udall of New Mexico) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1534. USE OF PRE-DETONATION TECHNOLOGY TO EXPEDITE 
                   DEVELOPMENT OF NEXT GENERATION COUNTER 
                   IMPROVISED EXPLOSIVE DEVICES.

       In developing and procuring capabilities to defeat 
     improvised explosive devices, the Joint Improvised Explosive 
     Device Defeat Organization (JIEDDO) shall leverage (including 
     through the use of funds) existing pre-detonation technology 
     demonstrated during the Max Power Operational Evaluation to 
     expedite technology development of a next generation 
     operational counter improvised explosive device system.
                                 ______
                                 
  SA 2242. Mr. HEINRICH (for himself and Mr. Vitter) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. REIMBURSEMENT OF DEPARTMENT OF DEFENSE FOR 
                   ASSISTANCE PROVIDED TO NONGOVERNMENTAL 
                   ENTERTAINMENT-ORIENTED MEDIA PRODUCERS.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Defense benefits when the 
     entertainment industry produces media portraying the skill, 
     heroism, capability, and challenges of members of the Armed 
     Forces and their families through increased morale, better 
     recruitment and retention, and improved understanding by the 
     public.
       (2) The Department of Defense is in often the best position 
     to ensure realism in productions.
       (3) The Department of Defense is sometimes forced to 
     decline assisting in productions because expenses incurred 
     are not reimbursed to the accounts withdrawn.
       (b) Reimbursement.--
       (1) In general.--Subchapter II of chapter 134 of title 10, 
     United States Code, is amended by inserting after section 
     2263 the following new section:

     ``Sec. 2264. Reimbursement for assistance provide to 
       nongovernmental entertainment-oriented media producers

       ``(a) In General.--There shall be credited to the 
     applicable appropriations account or fund from which the 
     expenses described in subsection (b) were charged any amounts 
     received by the Department of Defense as reimbursement for 
     such expenses.
       ``(b) Description of Expenses.--The expenses referred to in 
     subsection (a) are any expenses--
       ``(1) incurred by the Department of Defense as a result of 
     providing assistance to a nongovernmental entertainment-
     oriented media producer;
       ``(2) for which the Department of Defense requires 
     reimbursement under section 9701 of title 31, United States 
     Code, or any other provision of law; and
       ``(3) for which the Department of Defense received 
     reimbursement after the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2014.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding after the 
     item relating to section 2263 the following new item:

``2264. Reimbursement for assistance provide to nongovernmental 
              entertainment-oriented media producers.''.
                                 ______
                                 
  SA 2243. Mr. HEINRICH (for himself, Mr. Udall of New Mexico, and Mr. 
Bennet) submitted an amendment intended to be proposed by him to the 
bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 922. REPORT ON ORS-5 MISSION OF THE OPERATIONALLY 
                   RESPONSIVE SPACE PROGRAM.

       (a) Sense of Congress.--It is the sense of Congress that--

[[Page S8237]]

       (1) it remains the policy of the United States, as 
     expressed in section 913(a) of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364; 120 Stat. 2355), to demonstrate, acquire, and deploy 
     an effective capability for operationally responsive space to 
     support military users and operations from space, which shall 
     consist of--
       (A) responsive satellite payloads and busses built to 
     common technical standards;
       (B) low-cost space launch vehicles and supporting range 
     operations that facilitate the timely launch and on-orbit 
     operations of satellites;
       (C) responsive command and control capabilities; and
       (D) concepts of operations, tactics, techniques, and 
     procedures that permit the use of responsive space assets for 
     combat and military operations other than war; and
       (2) the Operationally Responsive Space Program Office has 
     demonstrated through multiple launches since 2009 an ability 
     to accomplish each policy objective of the Operationally 
     Responsive Space Program through specific missions, but has 
     not executed a mission that leverages all policy objectives 
     of that Program in a single mission.
       (b) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Executive Agent for Space 
     of the Department of Defense shall report to the 
     congressional defense committees on the status of the ORS-5 
     mission, which seeks to leverage all policy objectives of the 
     Operationally Responsive Space Program in a single mission.
                                 ______
                                 
  SA 2244. Mr. HEINRICH (for himself, Mr. Shelby, and Mr. Udall of New 
Mexico) submitted an amendment intended to be proposed by him to the 
bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 237. AVAILABILITY OF FUNDS FOR CO-PRODUCTION OF IRON 
                   DOME SHORT-RANGE ROCKET DEFENSE SYSTEM IN THE 
                   UNITED STATES.

       (a) In General.--Of the amounts authorized to be 
     appropriated for fiscal year 2014 by section 201 and 
     available for Research, Development, Test, and Evaluation, 
     Defense-wide for the Missile Defense Agency as specified in 
     the funding tables in section 4201, up to $15,000,000 may be 
     obligated or expended for nonrecurring engineering costs in 
     connection with the establishment of a capacity for 
     production in the United States by United States industry of 
     parts and components for the Iron Dome short-range rocket 
     defense program.
       (b) Use of Funds Only Pursuant to Agreement.--Funds may be 
     obligated and expended under subsection (a) only pursuant to 
     an agreement between the United States and Israel for co-
     production of Iron Dome parts and components in the United 
     States.
       (c) Report to Congress.--Not later than 30 days after 
     obligating or expending funds authorized by subsection (a), 
     the Director of the Missile Defense Agency shall submit to 
     the congressional defense committees a report on the plan to 
     implement the agreement described in subsection (b), 
     including the following:
       (1) A description of the estimated cost of implementing the 
     agreement, including the costs to be paid by industry.
       (2) The expected schedule to implement the agreement.
       (3) A description of any efforts to minimize the costs of 
     the agreement to the United States Government.
       (d) Construction of Authority With Procurement of Iron 
     Dome.--Nothing in this section shall be construed to alter or 
     effect the procurement schedule, or anticipated procurement 
     numbers, under the Iron Dome short-range rocket defense 
     program.
                                 ______
                                 
  SA 2245. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2815. COMPREHENSIVE ALASKA INSTALLATION ENERGY REPORT.

       (a) Report.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Deputy Under Secretary 
     of Defense for Installations and Environment, in conjunction 
     with the Service Assistant Secretaries responsible for 
     Installations and Environment for the military services, 
     shall submit a report to the congressional defense committees 
     detailing the current cost and sources of energy at each 
     military installation in Alaska, and viable and feasible 
     options for achieving energy efficiency and cost savings at 
     Alaska military installations.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following elements:
       (A) A comprehensive, installation specific assessment of 
     feasible and mission appropriate energy initiatives 
     supporting energy production and consumption at military 
     installations.
       (B) An assessment of current sources of energy in Alaska 
     and potential future sources that are technologically 
     feasible, cost effective, and mission appropriate.
       (C) A comprehensive implementation strategy to include 
     required investment for feasible energy efficiency options 
     determined to be the most beneficial and cost effective where 
     appropriate and consistent with department priorities.
       (D) An explanation on how military services are working 
     collaboratively in order to leverage lessons learned on 
     potential energy efficiency solutions.
       (E) An assessment of State and local partnership 
     opportunities that would achieve efficiency and cost savings, 
     and any legislative authorities required to carry out such 
     partnerships or agreements.
       (3) Utilization of other efforts.--In preparing the report 
     required under paragraph (1), the Under Secretary shall take 
     into consideration completed and ongoing efforts by agencies 
     of the Federal Government to analyze and develop energy 
     efficient solutions in the state of Alaska, including the 
     Department of Defense information available in the Annual 
     Energy Management Report.
       (4) Coordination with state and local and other entities.--
     In preparing the report required under paragraph (1), the 
     Under Secretary is encouraged to work in conjunction and 
     coordinate with the State of Alaska, local communities, and 
     other Federal departments and agencies.
       (b) Definitions.--In this section, the term ``Alaska 
     military installation'' includes to Clear Air Force Station, 
     Eielson Air Force Base, Fort Wainwright, Joint Base 
     Elmendorf-Richardson, Fort Greely, and Eareckson Air Station.
                                 ______
                                 
  SA 2246. Mr. FRANKEN (for himself and Mr. Heller) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. ENHANCED TRANSPARENCY OF FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978 ACTIVITIES.

       (a) Enhanced Public Reporting for Orders Under the Foreign 
     Intelligence Surveillance Act of 1978.--
       (1) Enhanced reporting for electronic surveillance 
     orders.--Section 107 of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1807) is amended to read as follows:

     ``SEC. 107. REPORT OF ELECTRONIC SURVEILLANCE.

       ``(a) In General.--In April of each year, the Attorney 
     General shall transmit to the Administrative Office of the 
     United States Court and to Congress a report setting forth 
     with respect to the preceding calendar year--
       ``(1) the total number of applications made for orders and 
     extensions of orders approving electronic surveillance under 
     this title;
       ``(2) the total number of such orders and extensions either 
     granted, modified, or denied;
       ``(3) the total number of individuals who were subject to 
     electronic surveillance conducted under an order entered 
     under this title, provided that if this number is fewer than 
     500, it shall exclusively be expressed as a numerical range 
     of `fewer than 500' and shall not be expressed as an 
     individual number; and
       ``(4) the total number of citizens of the United States and 
     aliens lawfully admitted for permanent residence (as defined 
     in section 101(a)(20) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(20)) who were subject to electronic 
     surveillance conducted under an order entered under this 
     title, provided that if this number is fewer than 500, it 
     shall exclusively be expressed as a numerical range of `fewer 
     than 500' and shall not be expressed as an individual number.
       ``(b) Form of Report.--Each report required by this section 
     shall be submitted in unclassified form and shall be made 
     available to the public 7 days after the date such report is 
     submitted to Congress.''.
       (2) Enhanced reporting for pen registers and trap and trace 
     devices.--Section 406 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1846) is amended by 
     adding at the end the following:
       ``(c) Annual Report on Use of Pen Register and Trap and 
     Race Devices.--
       ``(1) Requirement for report.--Except as provided in 
     paragraph (2), in April of each year, the Attorney General 
     shall submit to Congress a report setting forth with respect 
     to the preceding year--
       ``(A) the total number of applications made for orders 
     approving the use of a pen register and trap and trace 
     devices under this title;
       ``(B) the total number of such orders either granted, 
     modified, or denied;

[[Page S8238]]

       ``(C) a good faith estimate of the total number of 
     individual persons whose electronic or wire communications 
     information was obtained through the use of pen register or 
     trap and trace devices authorized under an order entered 
     under this title;
       ``(D) good faith estimates of the total numbers of United 
     States persons--
       ``(i) whose electronic or wire communications information 
     was obtained through the use of pen register or trap and 
     trace devices authorized under an order entered under this 
     title;
       ``(ii) whose electronic communications information was 
     obtained through the use of pen register or trap and trace 
     devices authorized under an order entered under this title, 
     and the number of such persons whose information was 
     subsequently reviewed or accessed by a Federal officer, 
     employee, or agent; and
       ``(iii) whose wire communications information was obtained 
     through the use of pen register or trap and trace devices 
     authorized under an order entered under this title, and the 
     number of such persons whose information was subsequently 
     reviewed or accessed by a Federal officer, employee, or 
     agent; and
       ``(E) the total number of computer-assisted search queries 
     initiated by a Federal officer, employee, or agent in any 
     database of electronic or wire communications information 
     obtained through the use of a pen register or trap and trace 
     device authorized under an order entered under this title, 
     and the number of such queries whose search terms included 
     information from the electronic or wire communications 
     information of a United States person.
       ``(2) Statement of numerical range.--If an estimate 
     specified in subparagraphs (C) or (D) of paragraph (1) is 
     fewer than 500, it shall exclusively be expressed as a 
     numerical range of `fewer than 500' and shall not be 
     expressed as an individual number.
       ``(3) Form of report.--Each report under this section shall 
     be submitted in unclassified form and shall be made available 
     to the public 7 days after the date such report is submitted 
     to Congress.
       ``(4) Construction.--Nothing in this subsection shall be 
     construed to authorize or in any other way affect the 
     lawfulness or unlawfulness of installing or using a pen 
     register or trap and trace device.
       ``(5) Definitions.--In this subsection:
       ``(A) Electronic communication and wire communication.--The 
     terms `electronic communication' and `wire communication' 
     have the meanings given those terms in section 2510 of title 
     18, United States Code.
       ``(B) Individual person.--The term `individual person' 
     means any individual and excludes any group, entity, 
     association, corporation, or governmental entity.
       ``(C) United states person.--The term `United States 
     person' means a citizen of the United States or an alien 
     lawfully admitted for permanent residence (as defined in 
     section 101(a)(20) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(20)).''.
       (3) Enhanced reporting for business records requests.--
     Section 502 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1862) is amended--
       (A) in subsection (b)(3), by adding at the end the 
     following:
       ``(F) Records concerning electronic communications.
       ``(G) Records concerning wire communications.
       ``(H) Information described in subparagraph (A), (B), (D), 
     (E), or (F) of section 2703(c)(2) of title 18, United States 
     Code.''; and
       (B) by amending subsection (c) to read as follows:
       ``(c) Annual Report on Section 501 Orders.--
       ``(1) Requirement for report.--Except as provided in 
     paragraph (2), in April of each year, the Attorney General 
     shall submit to Congress a report setting forth with respect 
     to the preceding year--
       ``(A) the total number of applications made for orders 
     approving requests for the production of tangible things 
     under section 501;
       ``(B) the total number of such orders either granted, 
     modified, or denied;
       ``(C) a good faith estimate of the total number of 
     individual persons whose tangible things were produced under 
     an order entered under section 501;
       ``(D) good faith estimates of the total numbers of United 
     States persons--
       ``(i) whose tangible things were produced under an order 
     entered under section 501;
       ``(ii) who were a party to an electronic communication of 
     which a record was produced under an order entered under 
     section 501, and the number of such persons whose records 
     were subsequently reviewed or accessed by a Federal officer, 
     employee, or agent;
       ``(iii) who were a party to a wire communication of which a 
     record was produced under an order entered under section 501, 
     and the number of such persons whose records were 
     subsequently reviewed or accessed by a Federal officer, 
     employee, or agent; and
       ``(iv) who were subscribers or customers of an electronic 
     communication service or remote computing service and whose 
     records, as described in subparagraph (A), (B), (D), (E), or 
     (F) of section 2703(c)(2) of title 18, United States Code, 
     were produced under an order entered under section 501, and 
     the number of such persons whose records were subsequently 
     reviewed by a Federal officer, employee, or agent;
       ``(E) the total number of computer-assisted search queries 
     initiated by a Federal officer, employee or agent in any 
     database of tangible things produced under an order entered 
     under section 501, and the number of such queries whose 
     search terms included information from the electronic or wire 
     communications contents or records of a United States person; 
     and
       ``(F) a certification confirming that in the course of the 
     preceding year no orders entered under section 501 were used 
     to obtain the contents of an electronic or wire 
     communication.
       ``(2) Statement of numerical range.--If an estimate 
     described in subparagraph (C) or (D) of paragraph (1) is 
     fewer than 500, it shall exclusively be expressed as a 
     numerical range of `fewer than 500' and shall not be 
     expressed as an individual number.
       ``(3) Form of report.--Each report under this subsection 
     shall be submitted in unclassified form and shall be made 
     available to the public 7 days after the date such report is 
     submitted to Congress.
       ``(4) Construction.--Nothing in this subsection shall be 
     construed to authorize or in any other way affect the 
     lawfulness or unlawfulness of using an order for the 
     production of tangible things under section 501 to obtain any 
     of the items described in subparagraphs (A) through (H) of 
     subsection (b)(3).
       ``(5) Definitions.--In this subsection:
       ``(A) In general.--The terms `contents', `electronic 
     communication', `electronic communication service', and `wire 
     communication' shall have the meanings given those terms in 
     section 2510 of title 18, United States Code.
       ``(B) Individual person.--The term `individual person' 
     means any individual and excludes any group, entity, 
     association, corporation, or governmental entity.
       ``(C) Remote computing service.--The term `remote computing 
     service' has the meaning given that term in section 2711 of 
     title 18, United States Code.
       ``(D) United states person.--The term `United States 
     person' means a citizen of the United States or an alien 
     lawfully admitted for permanent residence (as defined in 
     section 101(a)(20) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(20)).''.
       (4) Enhanced reporting for additional procedures regarding 
     certain persons outside the united states.--Section 707 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1881f) is amended by adding at the end the following:
       ``(c) Annual Report.--
       ``(1) Requirement for report.--In April of each year, the 
     Attorney General shall submit to Congress a report setting 
     forth with respect to the preceding year--
       ``(A) the total number of--
       ``(i) directives issued under section 702;
       ``(ii) orders granted under section 703; and
       ``(iii) orders granted under section 704;
       ``(B) good faith estimates of the total numbers of 
     individual persons whose electronic or wire communications or 
     communications records were collected pursuant to--
       ``(i) a directive issued under section 702;
       ``(ii) an order granted under section 703; and
       ``(iii) an order granted under section 704; and
       ``(C) good faith estimates of the total numbers of United 
     States persons--
       ``(i) whose electronic or wire communications contents or 
     records were collected pursuant to--

       ``(I) a directive issued under section 702;
       ``(II) an order granted under section 703; and
       ``(III) an order granted under section 704;

       ``(ii) who were a party to an electronic communication 
     whose contents were collected pursuant to a directive issued 
     under section 702, and the number of such persons whose 
     communication contents were subsequently reviewed or accessed 
     by a Federal officer, employee, or agent;
       ``(iii) who were a party to an electronic communication 
     whose records (other than content) were collected pursuant to 
     a directive issued under section 702, and the number of such 
     persons whose communication records were subsequently 
     reviewed or accessed by a Federal officer, employee, or 
     agent;
       ``(iv) who were a party to a wire communication whose 
     contents were collected pursuant to a directive issued under 
     section 702, and the number of such persons whose 
     communication contents were subsequently reviewed or accessed 
     by a Federal officer, employee, or agent;
       ``(v) who were a party to a electronic communication whose 
     records (other than content) were collected pursuant to a 
     directive issued under section 702, and the number of such 
     persons whose communication records were subsequently 
     reviewed or accessed by a Federal officer, employee, or 
     agent; and
       ``(vi) who were subscribers or customers of an electronic 
     communication service or remote computing service whose 
     records, as described in subparagraphs (A), (B), (D), (E), 
     and (F) of section 2703(c)(2) of title 18, United States 
     Code, were produced pursuant to a directive issued under 
     section 702, and the number of such persons whose records 
     were subsequently reviewed or accessed by a Federal officer, 
     employee, or agent.
       ``(2) Statement of numerical range.--If an estimate 
     specified in subparagraphs (B) or (C) of paragraph (1) is 
     fewer than 500, it shall exclusively be expressed as a 
     numerical range of `fewer than 500' and shall not be 
     expressed as an individual number.
       ``(3) Public availability.--Each report under this 
     subsection shall be submitted in

[[Page S8239]]

     unclassified form and shall be made available to the public 7 
     days after the date such report is submitted to Congress.
       ``(4) Definitions.--In this subsection:
       ``(A) In general.--The terms `contents', `electronic 
     communication', `electronic communication service', and `wire 
     communication' have the same meanings given those terms in 
     section 2510 of title 18, United States Code.
       ``(B) Individual person.--The term `individual person' 
     means any individual and excludes any group, entity, 
     association, corporation, or governmental entity.
       ``(C) Remote computing service.--The term `remote computing 
     service' shall have the same meaning given that term in 
     section 2711 of title 18, United States Code.
       ``(D) United states person.--The term `United States 
     person' means a citizen of the United States or an alien 
     lawfully admitted for permanent residence (as defined in 
     section 101(a)(20) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(20)).
       ``(5) Construction.--Nothing in this subsection shall be 
     construed to authorize or in any other way affect the 
     lawfulness or unlawfulness of using an order or directive 
     under section 702, 703, or 704 to collect any of the 
     information described in subparagraph (B) or (C) of paragraph 
     (1).''.
       (5) Rules of construction.--Nothing in this subsection or 
     the amendments made by this subsection shall be construed--
       (A) to authorize the collection of any additional 
     information, other than public demographic data, for the 
     purpose of complying with the reporting requirements of this 
     section; or
       (B) to authorize an amount of additional appropriations to 
     carry out this subsection that is more than the amount 
     authorized for that purpose for fiscal year 2013.
       (b) Public Disclosures of Aggregate Information Related to 
     Orders Under the Foreign Intelligence Surveillance Act of 
     1978.--
       (1) Disclosures.--The Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the 
     end the following:

        ``TITLE IX--PUBLIC DISCLOSURES OF AGGREGATE INFORMATION.

     ``SEC. 901. PUBLIC DISCLOSURES OF AGGREGATE INFORMATION.

       ``(a) In General.--Except as provided under subsection (c), 
     a person that has received an order under section 105, 402, 
     or 501, or an order or a directive under section 702, 703, or 
     704 may, every six months with respect to the preceding six 
     month period, disclose to the public information with respect 
     to each statutory authority as follows:
       ``(1) The total number of orders or directives received 
     under the authority.
       ``(2) The percentage or total number of such orders or 
     directives complied with, in whole or in part.
       ``(3) The total number of individual persons, users, or 
     accounts whose information of any kind was produced to the 
     Government, or was obtained or collected by the Government, 
     under an order or directive received under the authority.
       ``(b) Nature of Production.--Except as provided under 
     subsection (c), a person that has received an order under 
     section 402 or 501, or an order or a directive under section 
     702 may, every six months with respect to the preceding six 
     month period, disclose to the public the total number of 
     individual persons, users, or accounts for whom the following 
     information was produced to the Government, or was obtained 
     or collected by the Government, with respect to each such 
     authority, if applicable:
       ``(1) The contents of electronic communications.
       ``(2) The contents of wire communications.
       ``(3) Records concerning electronic communications.
       ``(4) Records concerning wire communications.
       ``(5) Information described in subparagraph (A), (B), (D), 
     (E), or (F) of section 2703(c)(2) of title 18.
       ``(c) Statement of Numerical Range.--If the total number of 
     individual persons, users, or accounts specified in paragraph 
     (3) of subsection (a) or in paragraphs (1), (2), (3), (4), or 
     (5) of subsection (b) is fewer than 500, it shall exclusively 
     be expressed as a numerical range of `fewer than 500' and 
     shall not be expressed as an individual number.
       ``(d) Permitted Disclosure.--No cause of action shall lie 
     in any court against any person for making a disclosure in 
     accordance with this section.
       ``(e) Construction.--Nothing in this section shall be 
     construed--
       ``(1) to authorize or in any other way affect the 
     lawfulness or unlawfulness of using an order or directive 
     described in subsection (a) to obtain, collect, or secure the 
     production of information described in paragraphs (1), (2), 
     (3), (4), or (5) of subsection (b); or
       ``(2) to prohibit, implicitly preclude, or in any other way 
     affect the lawfulness or unlawfulness of a disclosure not 
     authorized by this section.
       ``(f) Definitions.--In this section:
       ``(1) In general.--The terms `contents', `electronic 
     communication', and `wire communication' have the meanings 
     given those terms in section 2510 of title 18, United States 
     Code.
       ``(2) Individual person.--The term `individual person' 
     means any individual and excludes any group, entity, 
     association, corporation, or governmental entity.
       ``(3) Person.--The term `person' has the meaning given that 
     term in section 101.''.
       (2) Conforming amendments.--The Foreign Intelligence 
     Surveillance Act of 1978 is amended--
       (A) in section 402(d)(2)(B)(ii)(I) (50 U.S.C. 
     1842(d)(2)(B)(ii)(I)), by inserting ``except as permitted by 
     section 901,'' before ``shall not disclose''; and
       (B) in section 501(d) (50 U.S.C. 1861(d))--
       (i) in paragraph (1)--

       (I) in subparagraph (B), by striking ``or'' at the end;
       (II) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon and ``or''; and
       (III) by adding at the end the following:

       ``(D) the public as permitted by section 901.''; and
       (ii) in paragraph (2)(A) by inserting ``subparagraph (A), 
     (B), or (C) of'' after ``pursuant to''.
       (3) Table of contents amendment.--The table of contents in 
     the first section of th Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the 
     end the following:

        ``TITLE IX--PUBLIC DISCLOSURES OF AGGREGATE INFORMATION.

``Sec. 901. Public disclosures of aggregate information.''.
                                 ______
                                 
  SA 2247. Mr. SCHATZ (for himself, Mr. Barrasso, and Mr. Begich) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. NATIVE AMERICAN VETERANS' MEMORIAL ACT AMENDMENTS.

       (a) Authority to Establish Memorial.--Section 3 of the 
     Native American Veterans' Memorial Establishment Act of 1994 
     (20 U.S.C. 80q-5 note; 108 Stat. 4067) is amended--
       (1) in subsection (b), by striking ``within the interior 
     structure of the facility'' and inserting ``on property under 
     the jurisdiction of the Smithsonian Institution''; and
       (2) in subsection (c)(1), by striking ``, in consultation 
     with the Museum, is'' and inserting ``and the National Museum 
     of the American Indian are''.
       (b) Payment of Expenses.--Section 4(a) of the Native 
     American Veterans' Memorial Establishment Act of 1994 (20 
     U.S.C. 80q-5 note; 108 Stat. 4067) is amended--
       (1) in the heading, by inserting ``and National Museum of 
     the American Indian'' after ``American Indians''; and
       (2) in the first sentence, by striking ``shall be solely'' 
     and inserting ``and the National Museum of the American 
     Indian shall be''.
                                 ______
                                 
  SA 2248. Mr. KING (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. HUBZONES.

       (a) In General.--Section 3(p)(5)(A)(i)(I) of the Small 
     Business Act (15 U.S.C. 632(p)(5)(A)(i)(I)) is amended--
       (1) in item (aa), by striking ``or'' at the end;
       (2) by redesignating item (bb) as item (cc); and
       (3) by inserting after item (aa) the following:
       ``(bb) pursuant to subparagraph (A), (B), (C), (D), or (E) 
     of paragraph (3), that its principal office is located in a 
     HUBZone described in paragraph (1)(E) (relating to base 
     closure areas) (in this item referred to as the `base closure 
     HUBZone'), and that not fewer than 35 percent of its 
     employees reside in--
       ``(AA) a HUBZone;
       ``(BB) the census tract in which the base closure HUBZone 
     is wholly contained;
       ``(CC) a census tract the boundaries of which intersect the 
     boundaries of the base closure HUBZone; or
       ``(DD) a census tract the boundaries of which are 
     contiguous to a census tract described in subitem (BB) or 
     (CC); or''.
       (b) Period for Base Closure Areas.--
       (1) Amendments.--
       (A) In general.--Section 152(a)(2) of title I of division K 
     of the Consolidated Appropriations Act, 2005 (15 U.S.C. 632 
     note) is amended by striking ``5 years'' and inserting ``10 
     years''.
       (B) Conforming amendment.--Section 1698(b)(2) of National 
     Defense Authorization Act for Fiscal Year 2013 (15 U.S.C. 632 
     note) is amended by striking ``5 years'' and inserting ``10 
     years''.
       (2) Effective date; applicability.--The amendments made by 
     paragraph (1) shall--
       (A) take effect on the date of enactment of this Act; and
       (B) apply to--
       (i) a base closure area (as defined in section 3(p)(4)(D) 
     of the Small Business Act (15

[[Page S8240]]

     U.S.C. 632(p)(4)(D))) that, on the day before the date of 
     enactment of this Act, is treated as a HUBZone described in 
     section 3(p)(1)(E) of the Small Business Act (15 U.S.C. 
     632(p)(1)(E)) under--

       (I) section 152(a)(2) of title I of division K of the 
     Consolidated Appropriations Act, 2005 (15 U.S.C. 632 note); 
     or
       (II) section 1698(b)(2) of National Defense Authorization 
     Act for Fiscal Year 2013 (15 U.S.C. 632 note); and

       (ii) a base closure area relating to the closure of a 
     military instillation under the authority described in 
     clauses (i) through (iv) of section 3(p)(4)(D) of the Small 
     Business Act (15 U.S.C. 632(p)(4)(D)) that occurs on or after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 2249. Mr. TESTER (for himself, Mr. Chambliss, Mr. Begich, Mr. 
Blumenthal, and Ms. Klobuchar) submitted an amendment intended to be 
proposed by him to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 514. REVIEW BY PHYSICAL DISABILITY BOARD OF REVIEW OF 
                   MILITARY SEPARATION ON BASIS OF A MENTAL 
                   CONDITION NOT AMOUNTING TO DISABILITY.

       (a) Findings.--Congress makes the following findings:
       (1) Since September 11, 2001, approximately 30,000 veterans 
     have been separated from the Armed Forces on the basis of a 
     personality disorder or adjustment disorder.
       (2) Nearly all veterans who are separated on the basis of a 
     personality or adjustment disorder are prohibited from 
     accessing service-connected disability compensation, 
     disability severance pay, and disability retirement pay.
       (3) Many veterans who are separated on the basis of a 
     personality or adjustment disorder are unable to find 
     employment because of the ``personality disorder'' or 
     ``adjustment disorder'' label on their Certificate of Release 
     or Discharge from Active Duty.
       (4) The Government Accountability Office has found that the 
     regulatory compliance of the Department of Defense in 
     separating members of the Armed Forces on the basis of a 
     personality or adjustment disorder was as low as 40 percent 
     between 2001 and 2007.
       (5) Expansion of the authority of the Physical Disability 
     Board of Review to include review of the separation of 
     members of the Armed Forces on the basis of a mental 
     condition not amounting to disability, including separation 
     on the basis of a personality or adjustment disorder, is 
     warranted in order to ensure that any veteran wrongly 
     separated on such basis will have the ability to access 
     disability benefits and employment opportunities available to 
     veterans.
       (b) Members Entitled to Review by Physical Disability Board 
     of Review.--Section 1554a of title 10, United States Code, is 
     amended--
       (1) in subsection (a)(1), by striking ``disability 
     determinations of covered individuals by Physical Evaluation 
     Boards'' and inserting ``disability and separation 
     determinations regarding certain members and former members 
     of the armed forces described in subsection (b)''; and
       (2) by striking subsection (b) and inserting the following 
     new subsection:
       ``(b) Covered Individuals.--For purposes of this section, 
     covered individuals are members and former members of the 
     armed forces who--
       ``(1) during the period beginning on September 11, 2001, 
     and ending on December 31, 2014, are separated from the armed 
     forces due to unfitness for duty because of a medical 
     condition with a disability rating of 20 percent disabled or 
     less and are found to be not eligible for retirement; or
       ``(2) before December 31, 2014, are separated from the 
     armed forces due of unfitness for duty because of a mental 
     condition not amounting to disability, including separation 
     on the basis of a personality disorder or adjustment 
     disorder.''.
       (c) Nature and Scope of Review.--Such section is further 
     amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Review of Separations Due to Unfitness for Duty 
     Because of a Mental Condition Not Amounting to Disability.--
     (1) Upon the request of a covered individual described in 
     paragraph (2) of subsection (b), or a surviving spouse, next 
     of kin, or legal representative of a covered individual 
     described in such paragraph, the Physical Disability Board of 
     Review shall review the findings and decisions of the 
     Physical Evaluation Board with respect to such covered 
     individual. In addition, the Physical Disability Board of 
     Review may review, upon its own motion, the findings and 
     decisions of the Physical Evaluation Board with respect to a 
     covered individual described in such paragraph.
       ``(2) Whenever a review is conducted under paragraph (1), 
     the members of the Physical Disability Board of Review shall 
     include at least one licensed psychologist and one licensed 
     psychiatrist who has not had any fiduciary responsibility to 
     the Department of Defense since December 31, 2001.
       ``(3) In conducting the review under paragraph (1), the 
     Physical Disability Board of Review shall consider--
       ``(A) the findings of the psychologist or psychiatrist of 
     the Department of Defense who diagnosed the mental condition;
       ``(B) the findings and decisions of the separation 
     authority with respect to the covered individual; and
       ``(C) whether the separation authority correctly followed 
     the process for separation as set forth in law, including 
     Department of Defense regulations, directives, and policies.
       ``(4) The review by the Physical Disability Board of Review 
     under paragraph (1) shall be based on the records of the 
     Department of Defense and the Department of Veterans Affairs 
     and such other evidence as may be presented to the Board. The 
     Board shall consider any and all evidence to be considered, 
     including private mental health records submitted by the 
     covered individual in support of the claim.
       ``(5) If the Physical Disability Board of Review proposes, 
     upon its own motion, to conduct a review under paragraph (1) 
     with respect to a covered individual, the Board shall notify 
     the covered individual, or a surviving spouse, next of kin, 
     or legal representative of the covered individual, of the 
     proposed review and obtain the consent of the covered 
     individual or a surviving spouse, next of kin, or legal 
     representative of the covered individual before proceeding 
     with the review.
       ``(6) After the Physical Disability Board of Review has 
     completed the review under this subsection with respect to 
     the separation of a covered individual, the Board shall 
     provide the claimant with a statement of reasons concerning 
     the Board's decision. The covered individual has the right to 
     raise with the Board a motion for reconsideration if--
       ``(A) new evidence can be presented that would address the 
     issues raised in the Board's statement of reasons; or
       ``(B) the Board has made a plain error in making its 
     recommendation.''.
       (d) Correction of Military Records.--Subsection (f) of such 
     section, as redesignated by subsection (c)(1), is amended to 
     read as follows:
       ``(f) Correction of Military Records.--(1) The Secretary of 
     the military department concerned shall correct the military 
     records of a covered individual in accordance with the 
     recommendation made by the Physical Disability Board of 
     Review under subsection (e) unless the Secretary determines 
     that the Board has made a clearly erroneous recommendation. 
     Any such correction shall be made effective as of the date of 
     the separation of the covered individual.
       ``(2) In the case of a covered individual previously 
     separated with a lump-sum or other payment of back pay and 
     allowances at separation, the amount of pay or other monetary 
     benefits to which such individual would be entitled based on 
     the individual's military record as corrected shall be 
     adjusted to take into account receipt of such lump-sum or 
     other payment in such manner as the Secretary of the military 
     department concerned considers appropriate.
       ``(3) If the Physical Disability Board of Review makes a 
     recommendation not to correct the military records of a 
     covered individual, the action taken on the report of the 
     Physical Evaluation Board to which such recommendation 
     relates shall be treated as final as of the date of such 
     action.''.
       (e) Conforming Amendments.--Such section is further 
     amended--
       (1) in subsection (c)--
       (A) by inserting after ``Review'' the following: ``of 
     Separations Due to Unfitness for Duty Because of Medical 
     Condition With a Low Disability Rating''; and
       (B) in paragraph (1)--
       (i) by inserting ``described in paragraph (1) of subsection 
     (b)'' after ``a covered individual'' the first place it 
     appears;
       (ii) by inserting ``described in such paragraph'' after ``a 
     covered individual'' the second place it appears; and
       (iii) by striking the second sentence and inserting the 
     following new sentence: ``In addition, the Physical 
     Disability Board of Review may review, upon its own motion, 
     the findings and decisions of the Physical Evaluation Board 
     with respect to a covered individual described in such 
     paragraph.''; and
       (2) in subsection (e), as redesignated by subsection 
     (c)(1), by striking ``under subsection (c)'' and inserting 
     ``conducted under subsection (c) or (d)''.
       (f) Notification of New Availability of Review.--
       (1) Notification requirement.--In the case of individuals 
     described in subsection (b)(2) of section 1554a of title 10, 
     United States Code, as amended by subsection (b), who have 
     been separated from the Armed Forces during the period 
     beginning on September 11, 2001, and ending on the date of 
     the enactment of this Act or who are separated after that 
     date, the Secretary of Defense shall ensure, to the greatest 
     extent practicable, that such individuals receive oral and 
     written notification of their right to a review of their 
     separation from the Armed Forces under such section 1554a.
       (2) Compliance.--The Secretary of the military department 
     with jurisdiction over the Armed Force in which the 
     individual served immediately before separation shall be 
     responsible for providing to the individual the notification 
     required by paragraph (1). The Secretary of Defense shall 
     monitor compliance with this notification requirement

[[Page S8241]]

     and promptly notify Congress of any failures to comply.
       (3) Legal counsel.--The notification required by paragraph 
     (1) shall--
       (A) inform the individual of the right to obtain legal or 
     non-legal counsel to represent the individual before the 
     Physical Disability Board of Review; and
       (B) include a list of organizations that may provide such 
     counsel at no cost to the individual.
       (g) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 1554a. Physical Disability Board of Review: review of 
       separations with disability rating of 20 percent or less 
       and separations on basis of mental condition not amounting 
       to disability''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 79 of such title is amended by striking 
     the item relating to section 1554a and inserting the 
     following new item:

``1554a. Physical Disability Board of Review: review of separations 
              with disability rating of 20 percent or less and 
              separations on basis of mental condition not amounting to 
              disability.''.
                                 ______
                                 
  SA 2250. Mr. TESTER (for himself, Mr. Blumenthal, and Mr. Begich) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 529. DEFERRAL FOR CERTAIN PERIOD IN CONNECTION WITH 
                   RECEIPT OF ORDERS FOR MOBILIZATION FOR WAR OR 
                   NATIONAL EMERGENCY.

       (a) Federal Family Education Loans.--Section 428(b)(1)(M) 
     of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) 
     is amended--
       (1) in the matter preceding clause (i), by striking ``, 
     during any period'';
       (2) in clause (i), by striking ``during which'' and 
     inserting ``during any period during which'';
       (3) in clause (ii), by striking ``during which'' and 
     inserting ``during any period during which'';
       (4) in clause (iii)--
       (A) by striking ``during which'' and inserting ``during any 
     period during which''; and
       (B) in the matter following subclause (II), by striking `` 
     or'' after the semicolon;
       (5) by redesignating clause (iv) as clause (vi);
       (6) by inserting after clause (iii) the following:
       ``(iv) in the case of any borrower who has received a call 
     or order to duty described in subclause (I) or (II) of clause 
     (iii), during the shorter of--

       ``(I) the period beginning on the date such call or order 
     to duty is received by the borrower and ending on the first 
     day of the service described in subclause (I) or (II) of 
     clause (iii); and
       ``(II) the 180-day period preceding the first day of such 
     service;

       ``(v) notwithstanding clause (iv)--

       ``(I) in the case of any borrower described in such clause 
     whose call or order to duty is cancelled before the first day 
     of the service described in subclause (I) or (II) of clause 
     (iii) because of a personal injury in connection with 
     training to prepare for such service, during the period 
     described in clause (iv) and during an additional period 
     equal to the duration of such service, as specified by or 
     otherwise determined in the original call or order to duty; 
     and
       ``(II) in the case of any borrower whose call or order to 
     duty is cancelled before the first day of such service for a 
     reason other than an injury described in subclause (I), 
     during the period beginning on the date the call or order to 
     duty is received by the borrower and ending on the date that 
     is 14 days after such call or order to duty is cancelled; 
     and''; and

       (7) in clause (vi) (as redesignated by paragraph (5)), by 
     striking ``not in excess'' and inserting ``during any period 
     not in excess''.
       (b) Direct Loans.--Section 455(f)(2) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087e(f)(2)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``during any period'';
       (2) in subparagraph (A), by striking ``during which'' and 
     inserting ``during any period during which'';
       (3) in subparagraph (B), by striking ``not in excess'' and 
     inserting ``during any period not in excess'';
       (4) in subparagraph (C)--
       (A) by striking ``during which'' and inserting ``during any 
     period during which''; and
       (B) in the matter following clause (ii), by striking `` 
     or'' after the semicolon;
       (5) by redesignating subparagraph (D) as subparagraph (F);
       (6) by inserting after subparagraph (C) the following:
       ``(D) in the case of any borrower who has received a call 
     or order to duty described in clause (i) or (ii) of 
     subparagraph (C), during the shorter of--
       ``(i) the period beginning on the date such call or order 
     to duty is received by the borrower and ending on the first 
     day of the service described in clause (i) or (ii) of 
     subparagraph (C); and
       ``(ii) the 180-day period preceding the first day of such 
     service;
       ``(E) notwithstanding subparagraph (D)--
       ``(i) in the case of any borrower described in such 
     subparagraph whose call or order to duty is cancelled before 
     the first day of the service described in clause (i) or (ii) 
     of subparagraph (C) because of a personal injury in 
     connection with training to prepare for such service, during 
     the period described in subparagraph (D) and during an 
     additional period equal to the duration of such service, as 
     specified by or otherwise determined in the original call or 
     order to duty; and
       ``(ii) in the case of any borrower whose call or order to 
     duty is cancelled before the first day of such service for a 
     reason other than an injury described in clause (i), during 
     the period beginning on the date the call or order to duty is 
     received by the borrower and ending on the date that is 14 
     days after such call or order to duty is cancelled; and''; 
     and
       (7) in subparagraph (F) (as redesignated by paragraph (5)), 
     by striking ``not in excess'' and inserting ``during any 
     period not in excess''.
       (c) Perkins Loans.--Section 464(c)(2)(A) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is 
     amended--
       (1) in the matter preceding clause (i), by striking 
     ``during any period'';
       (2) in clause (i), by striking ``during which'' and 
     inserting ``during any period during which'';
       (3) in clause (ii), by striking ``not in excess'' and 
     inserting ``during any period not in excess'';
       (4) in clause (iii), by striking ``during which'' and 
     inserting ``during any period during which'';
       (5) by redesignating clauses (iv) and (v) as clauses (vi) 
     and (vii), respectively;
       (6) by inserting after clause (iii) the following:
       ``(iv) in the case of any borrower who has received a call 
     or order to duty described in subclause (I) or (II) of clause 
     (iii), during the shorter of--
       ``(I) the period beginning on the date such call or order 
     to duty is received by the borrower and ending on the first 
     day of the service described in subclause (I) or (II) of 
     clause (iii); and
       ``(II) the 180-day period preceding the first day of such 
     service;
       ``(v) notwithstanding clause (iv)--
       ``(I) in the case of any borrower described in such clause 
     whose call or order to duty is cancelled before the first day 
     of the service described in subclause (I) or (II) of clause 
     (iii) because of a personal injury in connection with 
     training to prepare for such service, during the period 
     described in clause (iv) and during an additional period 
     equal to the duration of such service, as specified by or 
     otherwise determined in the original call or order to duty; 
     and
       ``(II) in the case of any borrower whose call or order to 
     duty is cancelled before the first day of such service for a 
     reason other than an injury described in subclause (I), 
     during the period beginning on the date the call or order to 
     duty is received by the borrower and ending on the date that 
     is 14 days after such call or order to duty is cancelled;'';
       (7) in clause (vi) (as redesignated by paragraph (5)), by 
     striking ``not in excess'' and inserting ``during any period 
     not in excess''; and
       (8) in clause (vii) (as redesignated by paragraph (5)), by 
     striking ``during which'' and inserting ``during any period 
     during which''.
       (d) Conforming Amendments.--Title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.) is further 
     amended--
       (1) in section 428B(d)(1)(A)(ii) (20 U.S.C. 1078-
     2(d)(1)(A)(ii)), by striking ``428(b)(1)(M)(i)(I)'' and 
     inserting ``or clause (i)(I), (iv), or (v) of section 
     428(b)(1)(M)''; and
       (2) in section 493D(a) (20 U.S.C. 1098f(a)), by striking 
     ``section 428(b)(1)(M)(iii), 455(f)(2)(C), or 
     464(c)(2)(A)(iii)'' and inserting ``clause (iii) or (iv) of 
     section 428(b)(1)(M), subparagraph (C) or (D) of section 
     455(f)(2), or clause (iii) or (iv) of section 464(c)(2)(A)''.
       (e) Rule of Construction.--Nothing in the amendments made 
     by this section shall be construed to authorize any refunding 
     of any repayment of a loan.
       (f) Applicability.--The amendments made by this section 
     shall apply with respect to all loans made, insured, or 
     guaranteed under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.).
                                 ______
                                 
  SA 2251. Mr. MANCHIN (for himself and Mr. Toomey) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

[[Page S8242]]

     SEC. 1066. SENSE OF SENATE ON ANNUAL REPORTS TO CONGRESS ON 
                   PLANS FOR THE SIZE, FORCE STRUCTURE, AND 
                   READINESS OF THE COMPONENTS OF THE ARMED FORCES 
                   TO SUPPORT THE NATIONAL SECURITY STRATEGY.

       (a) Findings.--The Senate makes the following findings:
       (1) The strategic environment remains uncertain and 
     dangerous, as threats to our national security persist and 
     continue to emerge.
       (2) The fiscal environment is also uncertain, with 
     constrained resources and declining budgets.
       (3) The Nation will need trained and ready active and 
     reserve component forces regardless of size or force 
     structure and budgetary pressures. The Department of Defense 
     is expected to provide sufficient military capability at an 
     affordable cost to protect and promote our security interests 
     at acceptable levels of risk.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of Defense should provide a report to the 
     congressional defense committees not later than 180 days 
     after enactment of this Act, and every year thereafter for 
     the next five years, on the Department's analysis, plans, and 
     progress on the implementation of such plans with respect to 
     the size, force structure, and readiness of the active and 
     reserve components of the military departments that are 
     necessary to support the national security strategy or other 
     strategic guidance. Each report should include--
       (1) end-strengths of the active and reserve components of 
     the Armed Forces, and projected changes by year over the 
     future years defense program;
       (2) force structures of the active and reserve components 
     of the Armed Forces, and projected changes by year over the 
     future years defense program; and
       (3) an assessment of the risk associated with the analysis 
     and plans included in paragraphs (1) and (2), and how risk is 
     projected to change over the future years defense program.
       (c) Form.--The reports described in subsection (b) may be 
     in unclassified or classified form.
                                 ______
                                 
  SA 2252. Mr. MANCHIN (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 510. TREATMENT OF MILITARY TECHNICIANS (DUAL STATUS) AS 
                   ESSENTIAL OR EXCEPTED EMPLOYEES OF THE FEDERAL 
                   GOVERNMENT IN THE EVENT OF A LAPSE IN 
                   APPROPRIATIONS.

       Notwithstanding section 1341 of title 31, United States 
     Code, or any other provision of law, if members of the Armed 
     Forces on active duty are designated as essential or excepted 
     personnel during a lapse in appropriations, military 
     technicians (dual status) shall be deemed to be essential or 
     excepted employees during that lapse in appropriations.
                                 ______
                                 
  SA 2253. Mr. MANCHIN (for himself, Mrs. Boxer, and Mr. Grassley) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 841 and insert the following:

     SEC. 841. MAXIMUM AMOUNT OF ALLOWABLE COSTS OF SALARIES OF 
                   CONTRACTOR EMPLOYEES.

       (a) Amendment to Cost Principles.--Section 2324(e)(1)(P) of 
     title 10, United States Code, is amended--
       (1) by striking ``the benchmark'' and all that follows 
     through ``section 1127 of title 41'' and inserting ``$230,700 
     per year, adjusted annually to reflect the change in the 
     Employment Cost Index for all workers, as calculated by the 
     Bureau of Labor Statistics''; and
       (2) by striking ``scientists and engineers'' and inserting 
     ``scientists, engineers, medical professionals, cybersecurity 
     experts, and other workers with unique areas of expertise''.
       (b) Review.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall review 
     alternative benchmarks and industry standards for 
     compensation and provide the congressional defense committees 
     with the views of the Department of Defense as to whether any 
     such benchmarks or standards would provide a more appropriate 
     measure of allowable compensation for the purposes of section 
     2324(e)(1)(P) of title 10, United States Code, as amended by 
     subsection (a), as it relates to compensation of scientists, 
     engineers, medical professionals, cybersecurity experts, and 
     other workers with unique areas of expertise.
       (c) Annual Reports.--
       (1) In general.--Not later than 60 days after the end of 
     each fiscal year, the Director of the Office of Management 
     and Budget shall submit a report on contractor compensation 
     to the congressional defense committees, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Homeland Security of the House of 
     Representatives.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) the total number of contractor employees, by executive 
     agency, in the narrowly targeted exception positions 
     described under section 2324(e)(1)(P) of title 10, United 
     States Code, during the preceding fiscal year;
       (B) the taxpayer-funded compensation amounts received by 
     each contractor employee in a narrowly targeted exception 
     position during such fiscal year; and
       (C) the duties and services performed by contractor 
     employees in the narrowly targeted exception positions during 
     such fiscal year.
       (d) Effective Date.--The amendments made by subsection (a) 
     shall take effect on January 1, 2014, and shall apply with 
     respect to costs of compensation incurred on or after that 
     date under contracts entered into before, on, or after that 
     date.
                                 ______
                                 
  SA 2254. Mr. BAUCUS (for himself and Mr. Tester) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   THE SEXUAL ASSAULT PREVENTION ACTIVITIES OF THE 
                   DEPARTMENT OF DEFENSE AND THE ARMED FORCES.

       (a) Report Required.--Not later than September 30, 2015, 
     the Comptroller General of the United States shall submit to 
     the congressional defense committees a report on the sexual 
     assault prevention activities of the Department of Defense 
     and the Armed Forces.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the sexual assault prevention strategy 
     of the Department of Defense.
       (2) A description and assessment of the actions taken by 
     each of the Army, the Navy, the Air Force, and the Marine 
     Corps to implement the sexual assault prevention strategy of 
     such Armed Force.
       (3) A comprehensive description of the sexual assault 
     prevention activities of the Army, the Navy, the Air Force, 
     and the Marine Corps, as of the submittal of the report and 
     of those planned for the 12 months thereafter.
       (4) A comprehensive description of the sexual assault 
     prevention activities at joint installations, and an 
     assessment of the collaborative efforts of the military 
     departments involved, as of the submittal of the report and 
     of those planned for the 12 months thereafter.
       (5) A comparative assessment of the sexual assault 
     prevention activities of the Army, the Navy, the Air Force, 
     and the Marine Corps, including an assessment of the extent 
     to which any differences among such activities arise from 
     unique qualities of a particular Armed Force or the efforts 
     of an Armed Force to pursue an innovative approach to sexual 
     assault prevention.
       (6) A description and assessment of the procedures and 
     mechanisms used by each of the Army, the Navy, the Air Force, 
     and the Marine Corps to ensure that the sexual assault 
     prevention strategy of such Armed Force, and the training 
     provided pursuant to such strategy, are effective in 
     achieving the intended objectives of such strategy.
       (7) Such other recommendations on the sexual assault 
     prevention activities of the Army, the Navy, the Air Force, 
     and the Marine Corps as the Comptroller General considers 
     appropriate.
                                 ______
                                 
  SA 2255. Ms. AYOTTE (for herself, Mr. Chambliss, Mr. Inhofe, Mrs. 
Fischer, Mr. Enzi, Mr. Rubio, and Mr. Barrasso) submitted an amendment 
intended to be proposed by her to the bill S. 1197, to authorize 
appropriations for fiscal year 2014 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; as follows:

       Strike section 1031 and insert the following:

     SEC. 1031. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE 
                   TRANSFER OF DETAINEES AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, TO FOREIGN 
                   COUNTRIES AND OTHER FOREIGN ENTITIES.

       (a) Certification Required Prior to Transfer.--

[[Page S8243]]

       (1) In general.--Except as provided in paragraph (2) and 
     subsection (d), the Secretary of Defense may not use any 
     amounts authorized to be appropriated or otherwise available 
     to the Department of Defense to transfer any individual 
     detained at Guantanamo to the custody or control of the 
     individual's country of origin, any other foreign country, or 
     any other foreign entity unless the Secretary submits to 
     Congress the certification described in subsection (b) not 
     later than 30 days before the transfer of the individual.
       (2) Exception.--Paragraph (1) shall not apply to any action 
     taken by the Secretary to transfer any individual detained at 
     Guantanamo to effectuate an order affecting the disposition 
     of the individual that is issued by a court or competent 
     tribunal of the United States having lawful jurisdiction 
     (which the Secretary shall notify Congress of promptly after 
     issuance).
       (b) Certification.--A certification described in this 
     subsection is a written certification made by the Secretary 
     of Defense, with the concurrence of the Secretary of State 
     and in consultation with the Director of National 
     Intelligence, that--
       (1) the government of the foreign country or the recognized 
     leadership of the foreign entity to which the individual 
     detained at Guantanamo is to be transferred--
       (A) is not a designated state sponsor of terrorism or a 
     designated foreign terrorist organization;
       (B) maintains control over each detention facility in which 
     the individual is to be detained if the individual is to be 
     housed in a detention facility;
       (C) is not, as of the date of the certification, facing a 
     threat that is likely to substantially affect its ability to 
     exercise control over the individual;
       (D) has taken or agreed to take effective actions to ensure 
     that the individual cannot take action to threaten the United 
     States, its citizens, or its allies in the future;
       (E) has taken or agreed to take such actions as the 
     Secretary of Defense determines are necessary to ensure that 
     the individual cannot engage or reengage in any terrorist 
     activity; and
       (F) has agreed to share with the United States any 
     information that--
       (i) is related to the individual or any associates of the 
     individual; and
       (ii) could affect the security of the United States, its 
     citizens, or its allies; and
       (2) includes an assessment, in classified or unclassified 
     form, of the capacity, willingness, and past practices (if 
     applicable) of the foreign country or entity in relation to 
     the Secretary's certifications.
       (c) Prohibition in Cases of Prior Confirmed Recidivism.--
       (1) Prohibition.--Except as provided in paragraph (2) and 
     subsection (d), the Secretary of Defense may not use any 
     amounts authorized to be appropriated or otherwise made 
     available to the Department of Defense to transfer any 
     individual detained at Guantanamo to the custody or control 
     of the individual's country of origin, any other foreign 
     country, or any other foreign entity if there is a confirmed 
     case of any individual who was detained at United States 
     Naval Station, Guantanamo Bay, Cuba, at any time after 
     September 11, 2001, who was transferred to such foreign 
     country or entity and subsequently engaged in any terrorist 
     activity.
       (2) Exception.--Paragraph (1) shall not apply to any action 
     taken by the Secretary to transfer any individual detained at 
     Guantanamo to effectuate an order affecting the disposition 
     of the individual that is issued by a court or competent 
     tribunal of the United States having lawful jurisdiction 
     (which the Secretary shall notify Congress of promptly after 
     issuance).
       (d) National Security Waiver.--
       (1) In general.--The Secretary of Defense may waive the 
     applicability to a detainee transfer of a certification 
     requirement specified in subparagraph (D) or (E) of 
     subsection (b)(1) or the prohibition in subsection (c), if 
     the Secretary certifies the rest of the criteria required by 
     subsection (b) for transfers prohibited by (c) and, with the 
     concurrence of the Secretary of State and in consultation 
     with the Director of National Intelligence, determines that--
       (A) alternative actions will be taken to address the 
     underlying purpose of the requirement or requirements to be 
     waived;
       (B) in the case of a waiver of subparagraph (D) or (E) of 
     subsection (b)(1), it is not possible to certify that the 
     risks addressed in the paragraph to be waived have been 
     completely eliminated, but the actions to be taken under 
     subparagraph (A) will substantially mitigate such risks with 
     regard to the individual to be transferred;
       (C) in the case of a waiver of subsection (c), the 
     Secretary has considered any confirmed case in which an 
     individual who was transferred to the country subsequently 
     engaged in terrorist activity, and the actions to be taken 
     under subparagraph (A) will substantially mitigate the risk 
     of recidivism with regard to the individual to be 
     transferred; and
       (D) the transfer is in the national security interests of 
     the United States.
       (2) Reports.--Whenever the Secretary makes a determination 
     under paragraph (1), the Secretary shall submit to the 
     appropriate committees of Congress, not later than 30 days 
     before the transfer of the individual concerned, the 
     following:
       (A) A copy of the determination and the waiver concerned.
       (B) A statement of the basis for the determination, 
     including--
       (i) an explanation why the transfer is in the national 
     security interests of the United States;
       (ii) in the case of a waiver of paragraph (D) or (E) of 
     subsection (b)(1), an explanation why it is not possible to 
     certify that the risks addressed in the paragraph to be 
     waived have been completely eliminated; and
       (iii) a classified summary of--

       (I) the individual's record of cooperation while in the 
     custody of or under the effective control of the Department 
     of Defense; and
       (II) the agreements and mechanisms in place to provide for 
     continuing cooperation.

       (C) A summary of the alternative actions to be taken to 
     address the underlying purpose of, and to mitigate the risks 
     addressed in, the paragraph or subsection to be waived.
       (D) The assessment required by subsection (b)(2).
       (e) Record of Cooperation.--In assessing the risk that an 
     individual detained at Guantanamo will engage in terrorist 
     activity or other actions that could affect the security of 
     the United States if released for the purpose of making a 
     certification under subsection (b) or a waiver under 
     subsection (d), the Secretary of Defense may give favorable 
     consideration to any such individual--
       (1) who has substantially cooperated with United States 
     intelligence and law enforcement authorities, pursuant to a 
     pre-trial agreement, while in the custody of or under the 
     effective control of the Department of Defense; and
       (2) for whom agreements and effective mechanisms are in 
     place, to the extent relevant and necessary, to provide for 
     continued cooperation with United States intelligence and law 
     enforcement authorities.
       (f) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) The term ``individual detained at Guantanamo'' means 
     any individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (B) is--
       (i) in the custody or under the control of the Department 
     of Defense; or
       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (3) The term ``foreign terrorist organization'' means any 
     organization so designated by the Secretary of State under 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189).
       Strike section 1032.
       Strike section 1033 and insert the following:

     SEC. 1033. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER 
                   OR RELEASE OF INDIVIDUALS DETAINED AT UNITED 
                   STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

       (a) Prohibition.--None of the funds authorized to be 
     appropriated by this Act for fiscal year 2014 may be used to 
     transfer, release, or assist in the transfer or release to or 
     within the United States, or the territories or possessions 
     of the United States, of Khalid Sheikh Mohammed or any other 
     detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after January 20, 2009, at United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       (b) Exception.--The prohibition in subsection (a) shall not 
     apply to an individual who is transferred to United States 
     Naval Station, Guantanamo Bay, Cuba, after the date of the 
     enactment of this Act for the purpose of interrogation by the 
     United States.
       At the end of subtitle D of title X, add the following:

     SEC. 1035. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 
                   FACILITIES IN THE UNITED STATES TO HOUSE 
                   DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA.

       (a) In General.--No amounts authorized to be appropriated 
     or otherwise made available for fiscal year 2014 by this Act 
     or any other Act may be used to construct or modify any 
     facility in the United States, its territories, or 
     possessions to house any individual detained at Guantanamo 
     for the purposes of detention or imprisonment unless 
     authorized by Congress.
       (b) Exception.--The prohibition in subsection (a) shall not 
     apply to any modification of facilities at United States 
     Naval Station, Guantanamo Bay, Cuba.
       (c) Individual Detained at Guantanamo Defined.--
       (1) In general.--In this section, the term ``individual 
     detained at Guantanamo'' means any individual located at 
     United States Naval Station, Guantanamo Bay, Cuba, as of 
     October 1, 2009, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and

[[Page S8244]]

       (B) is--
       (i) in the custody or under the control of the Department 
     of Defense; or
       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (2) Exclusion.--The term does not mean any individual 
     transferred to United States Naval Station, Guantanamo Bay, 
     Cuba, after October 1, 2009, who was not located at United 
     States Naval Station, Guantanamo Bay, Cuba, on that date.

     SEC. 1036. PROHIBITION ON TRANSFER OR RELEASE TO YEMEN OF 
                   INDIVIDUALS DETAINED AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA.

       None of the amounts authorized to be appropriated or 
     otherwise available to the Department of Defense may be used 
     to transfer, release, or assist in the transfer or release, 
     during the period beginning on the date of the enactment of 
     this Act and ending on December 31, 2014, of any individual 
     detained in the custody or under the control of the 
     Department of Defense at United States Naval Station, 
     Guantanamo Bay, Cuba, to the custody or control of the 
     Republic of Yemen or any entity within Yemen.
                                 ______
                                 
  SA 2256. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2815. COMPREHENSIVE ALASKA INSTALLATION ENERGY REPORT.

       (a) Findings.--Congress makes the following findings:
       (1) According to a 2012 Total Energy Cost Analysis 
     conducted by the Alaska Command Energy Steering Group, there 
     exists a significant disparity between the costs of power at 
     all military installations in Alaska.
       (2) Military installations differ in energy sources and 
     operating entities by utilizing both public and private means 
     and methods of operation: three interior installations, Clear 
     Air Force Station, Eielson Air Force Base, and Fort 
     Wainwright use coal cogeneration heat and electric plants; 
     fuel oil heat and commercial electric power is used to power 
     Fort Greely; and natural gas heat and commercial electric 
     power is used at Joint Base Elmendorf-Richardson.
       (3) Electricity infrastructure in Alaska differs from other 
     States because most consumers in Alaska are not 
     interconnected to large grids through transmission and 
     distribution lines.
       (4) Alaska has more fossil and renewable energy resources 
     than any other State.
       (5) Alaska has the potential for long-term sustainable 
     energy production through development of its natural gas, 
     coal, oil, hydropower, tidal, geothermal and wind resources 
     to meet the energy needs of the State and beyond.
       (6) Renewable energy, when combined with advanced micro-
     grid and storage technologies, can significantly reduce the 
     energy costs at military installations.
       (7) The Department of the Air Force has successfully 
     partnered with the municipality of Anchorage and a local 
     utility company on a renewable energy project converting 
     methane gas into fuel useable for a military installation.
       (8) Over the past three years, the Department of the Air 
     Force has invested over $25,000,000 in renewable energy 
     projects at Alaska military installations.
       (9) The Department of Defense prepares an Annual Energy 
     Management Report in accordance with section 2925 of title 
     10, United States Code.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) energy security is critical to United States national 
     security;
       (2) cost-saving opportunities exist at Alaska military 
     installations if energy efficiency solutions are sought after 
     and implemented;
       (3) evaluating energy efficiency measures at Alaska 
     military installations is essential in order to determine 
     enduring cost-effective energy production and consumption 
     solutions and ensure mission effectiveness; and
       (4) a comprehensive and detailed study of energy efficiency 
     options at military installations in the state of Alaska is 
     needed due to its complex and challenging geography, distance 
     from the lower 48 states, resource availability, and lack of 
     energy infrastructure.
       (c) Report.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Deputy Under Secretary 
     of Defense for Installations and Environment, in conjunction 
     with the Service Assistant Secretaries responsible for 
     Installations and Environment for the military services, 
     shall submit a report to the congressional defense committees 
     detailing the current cost and sources of energy at each 
     military installation in Alaska, and viable and feasible 
     options for achieving energy efficiency and cost savings at 
     Alaska military installations.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following elements:
       (A) A comprehensive, installation specific assessment of 
     feasible and mission appropriate energy initiatives 
     supporting energy production and consumption at military 
     installations.
       (B) An assessment of current sources of energy in Alaska 
     and potential future sources that are technologically 
     feasible, cost effective, and mission appropriate.
       (C) A comprehensive implementation strategy to include 
     required investment for feasible energy efficiency options 
     determined to be the most beneficial and cost effective where 
     appropriate and consistent with department priorities.
       (D) An explanation on how military services are working 
     collaboratively in order to leverage lessons learned on 
     potential energy efficiency solutions.
       (E) An assessment of State and local partnership 
     opportunities that would achieve efficiency and cost savings, 
     and any legislative authorities required to carry out such 
     partnerships or agreements.
       (3) Utilization of other efforts.--In preparing the report 
     required under paragraph (1), the Under Secretary shall take 
     into consideration completed and ongoing efforts by agencies 
     of the Federal Government to analyze and develop energy 
     efficient solutions in the state of Alaska, including the 
     Department of Defense information available in the Annual 
     Energy Management Report.
       (4) Coordination with state and local and other entities.--
     In preparing the report required under paragraph (1), the 
     Under Secretary is encouraged to work in conjunction and 
     coordinate with the State of Alaska, local communities, and 
     other Federal departments and agencies.
       (d) Definitions.--In this section, the term ``Alaska 
     military installation'' includes Clear Air Force Station, 
     Eielson Air Force Base, Fort Wainwright, Joint Base 
     Elmendorf-Richardson, Fort Greely, and Eareckson Air Station.
                                 ______
                                 
  SA 2257. Mr. McCAIN (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 1197, to authorize 
appropriations for fiscal year 2014 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR LITTORAL 
                   COMBAT SHIP.

       The Secretary of the Navy may not obligate or expend funds 
     for construction or advanced procurement of materials for the 
     Littoral Combat Ships (LCS) designated as LCS 25 or LCS 26 
     until the Secretary submits to Congress each of the 
     following:
       (1) The report required by section 125(a).
       (2) A coordinated determination by the Director of 
     Operational Test and Evaluation and the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics that 
     successful completion of the test evaluation master plan for 
     both seaframes and each mission module will demonstrate 
     operational effectiveness and operational suitability.
       (3) A certification that the Joint Requirements Oversight 
     Council--
       (A) has reviewed the capabilities of the legacy systems 
     that the Littoral Combat Ship is planned to replace and has 
     compared these capabilities to those to be provided by the 
     Littoral Combat Ship;
       (B) has assessed the adequacy of the current Capabilities 
     Development Document (CDD) for the Littoral Combat Ship to 
     meet combatant command requirements and to address future 
     threats as reflected in the latest assessment by the defense 
     intelligence community; and
       (C) has either validated the current Capabilities 
     Development Document or directed the Secretary to update the 
     current Capabilities Development Document based on the 
     performance of the Littoral Combat Ship and mission modules 
     to date.
       (4) A report on the expected performance of each seaframe 
     variant and mission module against the current or updated 
     Capabilities Development Document.
       (5) Certification that a Capability Production Document 
     (CPD) for the seaframes has been completed.
       (6) Certification that a Capability Production Document 
     will be completed for each mission module before operational 
     testing.
                                 ______
                                 
  SA 2258. Mr. McCAIN (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 1197, to authorize 
appropriations for fiscal year 2014 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 20, strike lines 13 and 14 and insert the 
     following:
     costs of that ship that are attributable solely to an urgent 
     and unforeseen requirement

[[Page S8245]]

     identified as a result of the shipboard test program.''.
       (c) Limitation on Shipboard Test Program Cost Adjustment.--
     The Secretary of the Navy may use the authority under 
     paragraph (7) of section 122(b) of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007, as added by 
     subsection (b), to adjust the amount set forth in section 
     122(a)(1) of that Act, as amended by subsection (a), for the 
     ship referred to in such paragraph with respect to an urgent 
     and unforeseen requirement identified as a result of the 
     shipboard test program only if--
       (1) the Secretary determines, and certifies to the 
     congressional defense committees, that such requirement was 
     not known before the date of the submittal to Congress of the 
     budget for fiscal year 2014 (as submitted pursuant to section 
     1105 of title 31, United States Code);
       (2) the Secretary determines, and certifies to the 
     congressional defense committees, that waiting on an action 
     by Congress to raise the cost cap specified in such section 
     122(a)(1) to account for such requirement will result in a 
     delay in the delivery of that ship or a delay in the date of 
     initial operating capability of that ship; and
       (3) the Secretary submits to Congress a report setting 
     forth a description of such requirement before the obligation 
     of additional funds pursuant to such authority.
                                 ______
                                 
  SA 2259. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 510. NATIONAL GUARD CONDUCT OF FIREFIGHTING HOMELAND 
                   DEFENSE MISSIONS WHILE IN STATE STATUS.

       (a) National Guard Support for Federal and State Civil 
     Authorities.--Section 502(f)(2) of title 32, United States 
     Code, is amended by adding at the end the following new 
     subparagraph:
       ``(C) Support of operations, missions, or activities 
     undertaken in support of a civil authority of a Federal or 
     State agency when expenses related to such operations, 
     missions, or activities are reimbursed.''.
       (b) Active Guard and Reserve Duty.--Section 328(b) of such 
     title is amended--
       (1) by inserting ``(1)'' before ``A member'';
       (2) in paragraph (1), as so designated, by inserting 
     ``subparagraphs (A) and (B) of'' after ``additional duties 
     specified in''; and
       (3) by adding at the end the following new paragraph:
       ``(2) A member of the National Guard performing duty under 
     subsection (a) may perform the additional duties specified in 
     subparagraph (C) of section 502(f)(2) of this title without 
     regard to any limitation in paragraph (1).''.
       (c) Federal Technician Operational Support for Federal and 
     State Civil Authorities.--Section 709(a)(3) of such title is 
     amended by adding at the end the following new subparagraph:
       ``(D) Support of operations, missions, or activities 
     undertaken in support of a civil authority of a Federal or 
     State agency pursuant to section 502(f)(2)(C) of this 
     title.''.
                                 ______
                                 
  SA 2260. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1237. CONTINGENT LIMITATION ON AVAILABILITY OF FUNDS FOR 
                   UNITED STATES PARTICIPATION IN JOINT MILITARY 
                   EXERCISES WITH EGYPT.

       (a) Limitation.--None of the funds authorized to be 
     appropriated by this Act may be made used for United States 
     participation in joint military exercises with Egypt if the 
     Government of Egypt abrogates, terminates, or withdraws from 
     the 1979 Egypt-Israel peace treaty signed at Washington, 
     D.C., on March 26, 1979.
       (b) Waiver.--The President may waive the limitation in 
     subsection (a) if the President certifies to Congress in 
     writing that the waiver is in the national security interests 
     of the United States.
                                 ______
                                 
  SA 2261. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In division C, between titles XXXII and XXXV, insert the 
     following:

    TITLE XXXIII--NUCLEAR TERRORISM CONVENTIONS AND MARITIME SAFETY

     SEC. 3301. SHORT TITLE.

       This title may be cited as the ``Nuclear Terrorism 
     Conventions Implementation and Safety of Maritime Navigation 
     Act of 2012''.

               Subtitle A--Safety of Maritime Navigation

     SEC. 3311. AMENDMENT TO SECTION 2280 OF TITLE 18, UNITED 
                   STATES CODE.

       Section 2280 of title 18, United States Code, is amended--
       (1) in subsection (b)(1)(A)--
       (A) in clause (i), by striking ``a ship flying the flag of 
     the United States'' and inserting ``a vessel of the United 
     States or a vessel subject to the jurisdiction of the United 
     States (as defined in section 70502 of title 46)'';
       (B) in clause (ii), by inserting ``, including the 
     territorial seas'' after ``in the United States''; and
       (C) in clause (iii), by inserting ``, by a United States 
     corporation or legal entity,'' after ``by a national of the 
     United States'';
       (2) in subsection (c), by striking ``section 2(c)'' and 
     inserting ``section 13(c)''; and
       (3) by striking subsections (d) and (e) and inserting the 
     following:
       ``(d) Definitions.--In this section and in sections 2280a, 
     2281, and 2281a:
       ``(1) Applicable treaty.--The term `applicable treaty' 
     means--
       ``(A) the Convention for the Suppression of Unlawful 
     Seizure of Aircraft, done at The Hague on 16 December 1970;
       ``(B) the Convention for the Suppression of Unlawful Acts 
     against the Safety of Civil Aviation, done at Montreal on 23 
     September 1971;
       ``(C) the Convention on the Prevention and Punishment of 
     Crimes against Internationally Protected Persons, including 
     Diplomatic Agents, adopted by the General Assembly of the 
     United Nations on 14 December 1973;
       ``(D) International Convention against the Taking of 
     Hostages, adopted by the General Assembly of the United 
     Nations on 17 December 1979;
       ``(E) the Convention on the Physical Protection of Nuclear 
     Material, done at Vienna on 26 October 1979;
       ``(F) the Protocol for the Suppression of Unlawful Acts of 
     Violence at Airports Serving International Civil Aviation, 
     supplementary to the Convention for the Suppression of 
     Unlawful Acts against the Safety of Civil Aviation, done at 
     Montreal on 24 February 1988;
       ``(G) the Protocol for the Suppression of Unlawful Acts 
     against the Safety of Fixed Platforms Located on the 
     Continental Shelf, done at Rome on 10 March 1988;
       ``(H) International Convention for the Suppression of 
     Terrorist Bombings, adopted by the General Assembly of the 
     United Nations on 15 December 1997; and
       ``(I) International Convention for the Suppression of the 
     Financing of Terrorism, adopted by the General Assembly of 
     the United Nations on 9 December 1999.
       ``(2) Armed conflict.--The term `armed conflict' does not 
     include internal disturbances and tensions, such as riots, 
     isolated and sporadic acts of violence, and other acts of a 
     similar nature.
       ``(3) Biological weapon.--The term `biological weapon' 
     means--
       ``(A) microbial or other biological agents, or toxins 
     whatever their origin or method of production, of types and 
     in quantities that have no justification for prophylactic, 
     protective, or other peaceful purposes; or
       ``(B) weapons, equipment, or means of delivery designed to 
     use such agents or toxins for hostile purposes or in armed 
     conflict.
       ``(4) Chemical weapon.--The term `chemical weapon' means, 
     together or separately--
       ``(A) toxic chemicals and their precursors, except if 
     intended for--
       ``(i) industrial, agricultural, research, medical, 
     pharmaceutical, or other peaceful purposes;
       ``(ii) protective purposes, namely those purposes directly 
     related to protection against toxic chemicals and to 
     protection against chemical weapons;
       ``(iii) military purposes not connected with the use of 
     chemical weapons and not dependent on the use of the toxic 
     properties of chemicals as a method of warfare; or
       ``(iv) law enforcement, including domestic riot control 
     purposes, if the types and quantities are consistent with 
     such purposes;
       ``(B) munitions and devices, specifically designed to cause 
     death or other harm through the toxic properties of those 
     toxic chemicals specified in subparagraph (A), which would be 
     released as a result of the employment of such munitions and 
     devices; and
       ``(C) any equipment specifically designed for use directly 
     in connection with the employment of munitions and devices 
     specified in subparagraph (B).
       ``(5) Covered ship.--The term `covered ship' means a ship 
     that is navigating or is scheduled to navigate into, through 
     or from waters beyond the outer limit of the territorial sea 
     of a single country or a lateral limit of that country's 
     territorial sea with an adjacent country.
       ``(6) Explosive materials.--The term `explosive materials' 
     has the meaning given the term in section 841(c) and includes 
     an explosive (as defined in section 844(j)).
       ``(7) Infrastructure facility.--The term `infrastructure 
     facility' has the meaning given the term in section 
     2332f(e)(5).
       ``(8) International organization.--The term `international 
     organization' has the meaning given the term in section 
     831(f)(3).

[[Page S8246]]

       ``(9) Military forces of a state.--The term `military 
     forces of a state' means the armed forces of a state which 
     are organized, trained, and equipped under its internal law 
     for the primary purpose of national defense or security, and 
     persons acting in support of those armed forces who are under 
     their formal command, control, and responsibility.
       ``(10) National of the united states.--The term `national 
     of the United States' has the meaning given the term in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)).
       ``(11) Non-proliferation treaty.--The term `Non-
     Proliferation Treaty' means the Treaty on the Non-
     Proliferation of Nuclear Weapons, done at Washington, London, 
     and Moscow on 1 July 1968.
       ``(12) Non-proliferation state party.--The term `Non-
     Proliferation Treaty State Party' means any State Party to 
     the Non-Proliferation Treaty, to include Taiwan, which shall 
     be considered to have the obligations under the Non-
     Proliferation Treaty of a party to that treaty other than a 
     Nuclear Weapon State Party to the Non-Proliferation Treaty.
       ``(13) Nuclear weapon state party to the non-proliferation 
     treaty.--The term `Nuclear Weapon State Party to the Non-
     Proliferation Treaty' means a State Party to the Non-
     Proliferation Treaty that is a nuclear-weapon State, as that 
     term is defined in Article IX(3) of the Non-Proliferation 
     Treaty.
       ``(14) Place of public use.--The term `place of public use' 
     has the meaning given the term in section 2332f(e)(6).
       ``(15) Precursor.--The term `precursor' has the meaning 
     given the term in section 229F(6)(A).
       ``(16) Public transportation system.--The term `public 
     transportation system' has the meaning given the term in 
     section 2332f(e)(7).
       ``(17) Serious injury or damage.--The term `serious injury 
     or damage' means--
       ``(A) serious bodily injury,
       ``(B) extensive destruction of a place of public use, State 
     or government facility, infrastructure facility, or public 
     transportation system, resulting in major economic loss, or
       ``(C) substantial damage to the environment, including air, 
     soil, water, fauna, or flora.
       ``(18) Ship.--The term `ship' means a vessel of any type 
     whatsoever not permanently attached to the sea-bed, including 
     dynamically supported craft, submersibles, or any other 
     floating craft, but does not include a warship, a ship owned 
     or operated by a government when being used as a naval 
     auxiliary or for customs or police purposes, or a ship which 
     has been withdrawn from navigation or laid up.
       ``(19) Source material.--The term `source material' has the 
     meaning given that term in the International Atomic Energy 
     Agency Statute, done at New York on 26 October 1956.
       ``(20) Special fissionable material.--The term `special 
     fissionable material' has the meaning given that term in the 
     International Atomic Energy Agency Statute, done at New York 
     on 26 October 1956.
       ``(21) Territorial sea of the united states.--The term 
     `territorial sea of the United States' means all waters 
     extending seaward to 12 nautical miles from the baselines of 
     the United States determined in accordance with international 
     law.
       ``(22) Toxic chemical.--The term `toxic chemical' has the 
     meaning given the term in section 229F(8)(A).
       ``(23) Transport.--The term `transport' means to initiate, 
     arrange or exercise effective control, including decision 
     making authority, over the movement of a person or item.
       ``(24) United states.--The term `United States', when used 
     in a geographical sense, includes the Commonwealth of Puerto 
     Rico, the Commonwealth of the Northern Mariana Islands, and 
     all territories and possessions of the United States.
       ``(e) Exceptions.--This section shall not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.
       ``(f) Delivery of Suspected Offender.--The master of a 
     covered ship flying the flag of the United States who has 
     reasonable grounds to believe that there is on board that 
     ship any person who has committed an offense under section 
     2280 or section 2280a may deliver such person to the 
     authorities of a country that is a party to the Convention 
     for the Suppression of Unlawful Acts against the Safety of 
     Maritime Navigation. Before delivering such person to the 
     authorities of another country, the master shall notify in an 
     appropriate manner the Attorney General of the United States 
     of the alleged offense and await instructions from the 
     Attorney General as to what action to take. When delivering 
     the person to a country which is a state party to the 
     Convention, the master shall, whenever practicable, and if 
     possible before entering the territorial sea of such country, 
     notify the authorities of such country of the master's 
     intention to deliver such person and the reasons therefor. If 
     the master delivers such person, the master shall furnish to 
     the authorities of such country the evidence in the master's 
     possession that pertains to the alleged offense.
       ``(g)(1) Civil Forfeiture.--Any real or personal property 
     used or intended to be used to commit or to facilitate the 
     commission of a violation of this section, the gross proceeds 
     of such violation, and any real or personal property 
     traceable to such property or proceeds, shall be subject to 
     forfeiture.
       ``(2) Applicable Procedures.--Seizures and forfeitures 
     under this section shall be governed by the provisions of 
     chapter 46 of title 18, United States Code, relating to civil 
     forfeitures, except that such duties as are imposed upon the 
     Secretary of the Treasury under the customs laws described in 
     section 981(d) shall be performed by such officers, agents, 
     and other persons as may be designated for that purpose by 
     the Secretary of Homeland Security, the Attorney General, or 
     the Secretary of Defense.''.

     SEC. 3312. VIOLENCE AGAINST MARITIME NAVIGATION.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by adding after section 2280 the following:

     ``Sec. 2280a. Violence against maritime navigation and 
       maritime transport involving weapons of mass destruction

       ``(a) Offenses.--
       ``(1) In general.--Subject to the exceptions set forth in 
     subsection (c), a person who unlawfully and intentionally--
       ``(A) when the purpose of the act, by its nature or 
     context, is to intimidate a population, or to compel a 
     government or an international organization to do or to 
     abstain from doing any act--
       ``(i) uses against or on a ship or discharges from a ship 
     any explosive or radioactive material, biological, chemical, 
     or nuclear weapon or other nuclear explosive device in a 
     manner that causes or is likely to cause death to any person 
     or serious injury or damage;
       ``(ii) discharges from a ship oil, liquefied natural gas, 
     or another hazardous or noxious substance that is not covered 
     by clause (i), in such quantity or concentration that causes 
     or is likely to cause death to any person or serious injury 
     or damage; or
       ``(iii) uses a ship in a manner that causes death to any 
     person or serious injury or damage;
       ``(B) transports on board a ship--
       ``(i) any explosive or radioactive material, knowing that 
     it is intended to be used to cause, or in a threat to cause, 
     death to any person or serious injury or damage for the 
     purpose of intimidating a population, or compelling a 
     government or an international organization to do or to 
     abstain from doing any act;
       ``(ii) any biological, chemical, or nuclear weapon or other 
     nuclear explosive device, knowing it to be a biological, 
     chemical, or nuclear weapon or other nuclear explosive 
     device;
       ``(iii) any source material, special fissionable material, 
     or equipment or material especially designed or prepared for 
     the processing, use, or production of special fissionable 
     material, knowing that it is intended to be used in a nuclear 
     explosive activity or in any other nuclear activity not under 
     safeguards pursuant to an International Atomic Energy Agency 
     comprehensive safeguards agreement, except where--

       ``(I) such item is transported to or from the territory of, 
     or otherwise under the control of, a Non-Proliferation Treaty 
     State Party; and
       ``(II) the resulting transfer or receipt (including 
     internal to a country) is not contrary to the obligations 
     under the Non-Proliferation Treaty of the Non-Proliferation 
     Treaty State Party from which, to the territory of which, or 
     otherwise under the control of which such item is 
     transferred;

       ``(iv) any equipment, materials, or software or related 
     technology that significantly contributes to the design or 
     manufacture of a nuclear weapon or other nuclear explosive 
     device, with the intention that it will be used for such 
     purpose, unless--

       ``(I) the country to the territory of which or under the 
     control of which such item is transferred is a Nuclear Weapon 
     State Party to the Non-Proliferation Treaty; and
       ``(II) the resulting transfer or receipt (including 
     internal to a country) is not contrary to the obligations 
     under the Non-Proliferation Treaty of a Non-Proliferation 
     Treaty State Party from which, to the territory of which, or 
     otherwise under the control of which such item is 
     transferred;

       ``(v) any equipment, materials, or software or related 
     technology that significantly contributes to the delivery of 
     a nuclear weapon or other nuclear explosive device, with the 
     intention that it will be used for such purpose, except 
     where--

       ``(I) such item is transported to or from the territory of, 
     or otherwise under the control of, a Non-Proliferation Treaty 
     State Party; and
       ``(II) such item is intended for the delivery system of a 
     nuclear weapon or other nuclear explosive device of a Nuclear 
     Weapon State Party to the Non-Proliferation Treaty; or

       ``(vi) any equipment, materials, or software or related 
     technology that significantly contributes to the design, 
     manufacture, or delivery of a biological or chemical weapon, 
     with the intention that it will be used for such purpose;
       ``(C) transports another person on board a ship knowing 
     that the person has committed an act that constitutes an 
     offense under section 2280 or subparagraphs (A), (B), (D), or 
     (E) of this paragraph or an offense set forth

[[Page S8247]]

     in an applicable treaty, as specified in section 2280(d)(1), 
     and intending to assist that person to evade criminal 
     prosecution;
       ``(D) injures or kills any person in connection with the 
     commission or the attempted commission of any of the offenses 
     set forth in subparagraphs (A) through (C), or subsection 
     (a)(2), to the extent that the offense set forth in 
     subsection (a)(2) pertains to subparagraph (A);
       ``(E) attempts to do any act prohibited under subparagraph 
     (A), (B), or (D); or
       ``(F) conspires to do any act prohibited under this 
     subsection,
     shall be fined under this title, imprisoned not more than 20 
     years, or both; and if the death of any person results from 
     conduct prohibited by this paragraph, shall be punished by 
     death or imprisoned for any term of years or for life.
       ``(2) Threats.--A person who threatens, with apparent 
     determination and will to carry the threat into execution, to 
     do any act prohibited under paragraph (1)(A) shall be fined 
     under this title, imprisoned not more than 5 years, or both.
       ``(b) Jurisdiction.--There is jurisdiction over the 
     activity prohibited under subsection (a)--
       ``(1) in the case of a covered ship, if--
       ``(A) such activity is committed--
       ``(i) against or on board a vessel of the United States or 
     a vessel subject to the jurisdiction of the United States (as 
     defined in section 70502 of title 46) at the time the 
     prohibited activity is committed;
       ``(ii) in the United States, including the territorial 
     seas; or
       ``(iii) by a national of the United States, by a United 
     States corporation or legal entity, or by a stateless person 
     whose habitual residence is in the United States;
       ``(B) during the commission of such activity, a national of 
     the United States is seized, threatened, injured, or killed; 
     or
       ``(C) the offender is later found in the United States 
     after such activity is committed;
       ``(2) in the case of a ship navigating or scheduled to 
     navigate solely within the territorial sea or internal waters 
     of a country other than the United States, if the offender is 
     later found in the United States after such activity is 
     committed; or
       ``(3) in the case of any vessel, if such activity is 
     committed in an attempt to compel the United States to do or 
     abstain from doing any act.
       ``(c) Exceptions.--This section shall not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.
       ``(d)(1) Civil Forfeiture.--Any real or personal property 
     used or intended to be used to commit or to facilitate the 
     commission of a violation of this section, the gross proceeds 
     of such violation, and any real or personal property 
     traceable to such property or proceeds, shall be subject to 
     forfeiture.
       ``(2) Applicable Procedures.--Seizures and forfeitures 
     under this section shall be governed by the provisions of 
     chapter 46 relating to civil forfeitures, except that such 
     duties as are imposed upon the Secretary of the Treasury 
     under the customs laws described in section 981(d) shall be 
     performed by such officers, agents, and other persons as may 
     be designated for that purpose by the Secretary of Homeland 
     Security, the Attorney General, or the Secretary of 
     Defense.''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 111 of title 18, United States Code, is 
     amended by adding after the item relating to section 2280 the 
     following:

``2280a. Violence against maritime navigation and maritime transport 
              involving weapons of mass destruction.''.

     SEC. 3313. EXCEPTIONS TO LAW PROHIBITING VIOLENCE AGAINST 
                   MARITIME FIXED PLATFORMS.

       Section 2281 of title 18, United States Code, is amended--
       (1) in subsection (c), by striking ``section 2(c)'' and 
     inserting ``section 13(c)'';
       (2) in subsection (d), by striking the definitions of 
     ``national of the United States,'' ``territorial sea of the 
     United States,'' and ``United States''; and
       (3) by adding at the end the following:
       ``(e) Exceptions.--This section shall not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.''.

     SEC. 3314. ADDITIONAL OFFENSES AGAINST MARITIME FIXED 
                   PLATFORMS.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by adding after section 2281 the following:

     ``Sec. 2281a. Additional offenses against maritime fixed 
       platforms

       ``(a) Offenses.--
       ``(1) In general.--A person who unlawfully and 
     intentionally--
       ``(A) when the purpose of the act, by its nature or 
     context, is to intimidate a population, or to compel a 
     government or an international organization to do or to 
     abstain from doing any act--
       ``(i) uses against or on a fixed platform or discharges 
     from a fixed platform any explosive or radioactive material, 
     biological, chemical, or nuclear weapon in a manner that 
     causes or is likely to cause death or serious injury or 
     damage; or
       ``(ii) discharges from a fixed platform oil, liquefied 
     natural gas, or another hazardous or noxious substance that 
     is not covered by clause (i), in such quantity or 
     concentration that causes or is likely to cause death or 
     serious injury or damage;
       ``(B) injures or kills any person in connection with the 
     commission or the attempted commission of any of the offenses 
     set forth in subparagraph (A); or
       ``(C) attempts or conspires to do anything prohibited under 
     subparagraph (A) or (B),
     shall be fined under this title, imprisoned not more than 20 
     years, or both; and if death results to any person from 
     conduct prohibited by this paragraph, shall be punished by 
     death or imprisoned for any term of years or for life.
       ``(2) Threat to safety.--A person who threatens, with 
     apparent determination and will to carry the threat into 
     execution, to do any act prohibited under paragraph (1)(A), 
     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(b) Jurisdiction.--There is jurisdiction over the 
     activity prohibited under subsection (a) if--
       ``(1) such activity is committed against or on board a 
     fixed platform--
       ``(A) that is located on the continental shelf of the 
     United States;
       ``(B) that is located on the continental shelf of another 
     country, by a national of the United States or by a stateless 
     person whose habitual residence is in the United States; or
       ``(C) in an attempt to compel the United States to do or 
     abstain from doing any act;
       ``(2) during the commission of such activity against or on 
     board a fixed platform located on a continental shelf, a 
     national of the United States is seized, threatened, injured, 
     or killed; or
       ``(3) such activity is committed against or on board a 
     fixed platform located outside the United States and beyond 
     the continental shelf of the United States and the offender 
     is later found in the United States.
       ``(c) Exceptions.--This section shall not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.
       ``(d) Definitions.--In this section:
       ``(1) Continental shelf.--The term `continental shelf' 
     means the sea-bed and subsoil of the submarine areas that 
     extend beyond a country's territorial sea to the limits 
     provided by customary international law as reflected in 
     Article 76 of the 1982 Convention on the Law of the Sea.
       ``(2) Fixed platform.--The term `fixed platform' means an 
     artificial island, installation, or structure permanently 
     attached to the sea-bed for the purpose of exploration or 
     exploitation of resources or for other economic purposes.''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 111 of title 18, United States Code, is 
     amended by adding after the item relating to section 2281 the 
     following:

``2281a. Additional offenses against maritime fixed platforms.''.

     SEC. 3315. ANCILLARY MEASURES.

       (a) Federal Crime of Terrorism.--Section 2332b(g)(5)(B) of 
     title 18, United States Code, is amended, by striking 
     ``2281'' and inserting ``2280a (relating to maritime safety), 
     2281 through 2281a''.
       (b) Providing Material Support to Terrorists Predicate.--
     Section 2339A(a) of title 18, United States Code, is amended 
     by striking, ``2280, 2281'' and inserting, ``2280, 2280a, 
     2281, 2281a''
       (c) Wiretap Predicates.--Section 2516(1)(q) of title 18, 
     United States Code, is amended by striking ``or section'' and 
     inserting ``, section 2280, 2280a, 2281, or 2281(a) (relating 
     to maritime safety), or section''.

              Subtitle B--Prevention of Nuclear Terrorism

     SEC. 3321. ACTS OF NUCLEAR TERRORISM.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by adding after section 2332h the following:

     ``Sec. 2332i. Acts of nuclear terrorism

       ``(a) Offenses.--
       ``(1) In general.--Any person who knowingly and 
     unlawfully--
       ``(A) possesses radioactive material or makes or possesses 
     a device--
       ``(i) with the intent to cause death or serious bodily 
     injury; or
       ``(ii) with the intent to cause substantial damage to 
     property or the environment; or
       ``(B) uses in any way radioactive material or a device, or 
     uses or damages or interferes with the operation of a nuclear 
     facility in a manner that causes the release of or increases 
     the risk of the release of radioactive material, or causes 
     radioactive contamination or exposure to radiation--
       ``(i) with the intent to cause death or serious bodily 
     injury or with the knowledge that such act is likely to cause 
     death or serious bodily injury;
       ``(ii) with the intent to cause substantial damage to 
     property or the environment or with the knowledge that such 
     act is likely to cause substantial damage to property or the 
     environment; or
       ``(iii) with the intent to compel a person, an 
     international organization or a country to do or refrain from 
     doing an act,

[[Page S8248]]

     shall be punished as prescribed in subsection (c).
       ``(2) Threats.--Any person who, under circumstances in 
     which the threat may reasonably be believed, threatens to 
     commit an offense under paragraph (1) shall be punished as 
     prescribed in subsection (c). Whoever demands possession of 
     or access to radioactive material, a device or a nuclear 
     facility by threat or by use of force shall be punished as 
     prescribed in subsection (c).
       ``(3) Attempts and conspiracies.--Any person who attempts 
     to commit an offense under paragraph (1) or conspires to 
     commit an offense under paragraphs (1) or (2) shall be 
     punished as prescribed in subsection (c).
       ``(b) Jurisdiction.--Conduct prohibited by subsection (a) 
     is within the jurisdiction of the United States if--
       ``(1) the prohibited conduct takes place in the United 
     States or the special aircraft jurisdiction of the United 
     States;
       ``(2) the prohibited conduct takes place outside of the 
     United States and--
       ``(A) is committed by a national of the United States, a 
     United States corporation or legal entity or a stateless 
     person whose habitual residence is in the United States;
       ``(B) is committed on board a vessel of the United States 
     or a vessel subject to the jurisdiction of the United States 
     (as defined in section 70502 of title 46) or on board an 
     aircraft that is registered under United States law, at the 
     time the offense is committed; or
       ``(C) is committed in an attempt to compel the United 
     States to do or abstain from doing any act, or constitutes a 
     threat directed at the United States;
       ``(3) the prohibited conduct takes place outside of the 
     United States and a victim or an intended victim is a 
     national of the United States or a United States corporation 
     or legal entity, or the offense is committed against any 
     state or government facility of the United States; or
       ``(4) a perpetrator of the prohibited conduct is found in 
     the United States.
       ``(c) Penalties.--Any person who violates this section 
     shall be punished by death or imprisoned for any term of 
     years or for life.
       ``(d) Nonapplicability.--This section does not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.
       ``(e) Definitions.--In this section:
       ``(1) Armed conflict.--The term `armed conflict' has the 
     meaning given that term in section 2332f(e)(11).
       ``(2) Device.--The term `device' means--
       ``(A) any nuclear explosive device; or
       ``(B) any radioactive material dispersal or radiation-
     emitting device that may, owing to its radiological 
     properties, cause death, serious bodily injury or substantial 
     damage to property or the environment.
       ``(3) International organization.--The term `international 
     organization' has the meaning given the term in section 
     831(f)(3).
       ``(4) Military forces of a state.--The term `military 
     forces of a state' means the armed forces of a country that 
     are organized, trained and equipped under its internal law 
     for the primary purpose of national defense or security and 
     persons acting in support of those armed forces who are under 
     their formal command, control and responsibility.
       ``(5) National of the united states.--The term `national of 
     the United States' has the meaning given the term in section 
     101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(22)).
       ``(6) Nuclear facility.--The term `nuclear facility' 
     means--
       ``(A) any nuclear reactor, including reactors on vessels, 
     vehicles, aircraft or space objects for use as an energy 
     source in order to propel such vessels, vehicles, aircraft or 
     space objects or for any other purpose;
       ``(B) any plant or conveyance being used for the 
     production, storage, processing or transport of radioactive 
     material; or
       ``(C) a facility (including associated buildings and 
     equipment) in which nuclear material is produced, processed, 
     used, handled, stored or disposed of, if damage to or 
     interference with such facility could lead to the release of 
     significant amounts of radiation or radioactive material.
       ``(7) Nuclear material.--The term `nuclear material' has 
     the meaning given the term in section 831(f)(1).
       ``(8) Radioactive material.--The term `radioactive 
     material' means nuclear material and other radioactive 
     substances that contain nuclides that undergo spontaneous 
     disintegration (a process accompanied by emission of one or 
     more types of ionizing radiation, such as alpha-, beta-, 
     neutron particles and gamma rays) and that may, owing to 
     their radiological or fissile properties, cause death, 
     serious bodily injury or substantial damage to property or to 
     the environment.
       ``(9) Serious bodily injury.--The term `serious bodily 
     injury' has the meaning given the term in section 831(f)(4).
       ``(10) State.--The term `state' has the meaning given the 
     term under international law, and includes all political 
     subdivisions of the state.
       ``(11) State or government facility.--The term `state or 
     government facility' has the meaning given the term in 
     section 2332f(e)(3).
       ``(12) United states corporation or legal entity.--The term 
     `United States corporation or legal entity' means any 
     corporation or other entity organized under the laws of the 
     United States or any State, Commonwealth, territory, 
     possession or district of the United States.
       ``(13) Vessel.--The term `vessel' has the meaning given the 
     term in section 1502(19) of title 33.
       ``(14) Vessel of the united states.--The term `vessel of 
     the United States' has the meaning given the term in section 
     70502 of title 46.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 113B of title 18, United States Code, is 
     amended by inserting after section 2332h the following:

``2332i. Acts of nuclear terrorism.''.
       (c) Disclaimer.--Nothing contained in this section is 
     intended to affect the applicability of any other Federal or 
     State law that might pertain to the underlying conduct.

     SEC. 3322. AMENDMENT TO SECTION 831 OF TITLE 18, UNITED 
                   STATES CODE.

       Section 831 of title 18, United States Code, is amended--
        (a) in subsection (a)--
       (1) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9), respectively;
       (2) by inserting after paragraph (2) the following:
       ``(3) without lawful authority, intentionally carries, 
     sends or moves nuclear material into or out of a country;'';
       (3) in paragraph (8), as redesignated, by striking ``an 
     offense under paragraph (1), (2), (3), or (4)'' and inserting 
     ``any act prohibited under paragraphs (1) through (5)''; and
       (4) in paragraph (9), as redesignated, by striking ``an 
     offense under paragraph (1), (2), (3), or (4)'' and inserting 
     ``any act prohibited under paragraphs (1) through (7)'';
       (b) in subsection (b)--
       (1) in paragraph (1), by striking ``(7)'' and inserting 
     ``(8)''; and
       (2) in paragraph (2), by striking ``(8)'' and inserting 
     ``(9)'';
       (c) in subsection (c)--
       (1) in subparagraph (2)(A), by inserting ``or a stateless 
     person whose habitual residence is in the United States'' 
     after ``United States'';
       (2) in paragraph (4), by striking ``or'' at the end; and
       (3) by striking paragraph (5) and inserting the following:
       ``(5) the offense is committed on board a vessel of the 
     United States or a vessel subject to the jurisdiction of the 
     United States (as defined in section 70502 of title 46) or on 
     board an aircraft that is registered under United States law, 
     at the time the offense is committed;
       ``(6) the offense is committed outside the United States 
     and against any state or government facility of the United 
     States; or
       ``(7) the offense is committed in an attempt to compel the 
     United States to do or abstain from doing any act, or 
     constitutes a threat directed at the United States.'';
       (d) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively;
       (e) by inserting after subsection (c) the following:
       ``(d) Nonapplicability.--This section shall not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.''; and
       (f) in subsection (g), as redesignated--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting a semicolon; and
       (3) by inserting after paragraph (7), the following:
       ``(8) the term `armed conflict' has the meaning given the 
     term in section 2332f(e)(11);
       ``(9) the term `military forces of a state' means the armed 
     forces of a country that are organized, trained and equipped 
     under its internal law for the primary purpose of national 
     defense or security and persons acting in support of those 
     armed forces who are under their formal command, control and 
     responsibility;
       ``(10) the term `state' has the meaning given the term 
     under international law, and includes all political 
     subdivisions of the state;
       ``(11) the term `state or government facility' has the 
     meaning given the term in section 2332f(e)(3); and
       ``(12) the term `vessel of the United States' has the 
     meaning given the term in section 70502 of title 46.''.

     SEC. 3323. ANCILLARY MEASURES.

       (a) Federal Crime of Terrorism.--Section 2332b(g)(5)(B) of 
     title 18, United States Code, is amended by inserting ``2332i 
     (relating to acts of nuclear terrorism),'' before ``2339 
     (relating to harboring terrorists),''.
       (b) Providing Material Support to Terrorists Predicate.--
     Section 2339A(a) of title 18, United States Code, is amended 
     by inserting ``2332i,'' before ``2340A,''.
       (c) Wiretap Predicates.--Section 2516(1)(q) of title 18, 
     United States Code, is amended by inserting ``, 2332i,'' 
     after ``2332h''.
                                 ______
                                 
  SA 2262. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction,

[[Page S8249]]

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

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

     SEC. 1066. FORCE PROTECTION.

       (a) Report.--Not later than March 1, 2014, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on current expeditionary physical barrier systems 
     and new systems or technologies that are or can be used for 
     force protection and to provide blast protection for forces 
     supporting contingency operations.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) A review of current and projected threats in connection 
     with force protection, a description of any recent changes to 
     policies on force protection, and an assessment of current 
     planning methods on force protection, including standoff 
     distances and physical barriers, to provide consistent and 
     adequate levels of force protection.
       (2) An assessment of the use of expeditionary physical 
     barrier systems to meet the goals of the combatant commands 
     for force protection and force resiliency.
       (3) A description of the specifications developed by the 
     Department to meet requirements for effectiveness, 
     affordability, lifecycle management, and reuse or disposal of 
     expeditionary physical barrier systems.
       (4) A description of the process used within the Department 
     to ensure appropriate consideration of the decommissioning 
     cost, environmental impact, and subsequent disposal of 
     expeditionary physical barrier materials in the procurement 
     process for such materials.
       (5) An assessment of the availability of new technologies 
     or designs that improve the capabilities or lifecycle costs 
     of expeditionary physical barrier systems.
       (c) Form.--The report under subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 2263. Mr. FLAKE (for himself, Mr. McCain, and Mr. Boozman) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 126. PROHIBITION ON USE OF NONCOMPETITIVE PROCEDURES FOR 
                   OFFENSIVE ANTI-SURFACE WARFARE WEAPON 
                   CONTRACTS.

       (a) Prohibition.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2014 for the Offensive Anti-Surface Warfare 
     Weapon may be used to enter into or modify a contract using 
     procedures other than competitive procedures (as that term is 
     defined in section 2302(2) of title 10, United States Code).
       (b) National Security Waiver Authority.--The Secretary of 
     Defense may waive the applicability of subsection (a) if the 
     Secretary determines that such a waiver is in the national 
     security interests of the United States.
                                 ______
                                 
  SA 2264. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1237. SENSE OF CONGRESS ON SALES OF DEFENSE ARTICLES AND 
                   DEFENSE SERVICES TO EGYPT.

       It is the sense of Congress that it should be the policy of 
     the United States to consider the willingness of the 
     Government of Egypt to sign the Convention on the Prohibition 
     of the Development, Production, Stockpiling and Use of 
     Chemical Weapons and on their Destruction, done at Paris 
     January 13, 1993 (commonly known as the ``Chemical Weapons 
     Convention''), before resuming sales of defense articles or 
     defense services to Egypt.
                                 ______
                                 
  SA 2265. Mrs. MURRAY (for herself, Mrs. Gillibrand, Mr. Harkin, Mr. 
Wyden, Mr. Schatz, Mr. Donnelly, Mr. Brown, Mr. Menendez, Mr. 
Blumenthal, Ms. Hirono, and Mr. Begich) submitted an amendment intended 
to be proposed by her to the bill S. 1197, to authorize appropriations 
for fiscal year 2014 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 226, between lines 14 and 15, insert the following:

                      Subtitle A--TRICARE Program

     SEC. 701. BEHAVIORAL HEALTH TREATMENT OF DEVELOPMENTAL 
                   DISABILITIES UNDER THE TRICARE PROGRAM.

       (a) Behavioral Health Treatment of Developmental 
     Disabilities Under TRICARE.--Section 1077 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(g)(1) Subject to paragraph (4), in providing health care 
     under subsection (a), the treatment of developmental 
     disabilities (as defined by section 102(8) of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15002(8))), including autism spectrum 
     disorder, shall include behavioral health treatment, 
     including applied behavior analysis, when prescribed by a 
     physician.
       ``(2) In carrying out this subsection, the Secretary shall 
     ensure that--
       ``(A) except as provided by subparagraph (B), a person who 
     is authorized to provide behavioral health treatment is 
     licensed or certified by a State or accredited national 
     certification board; and
       ``(B) applied behavior analysis or other behavioral health 
     treatment may be provided by an employee, contractor, or 
     trainee of a person described in subparagraph (A) if the 
     employee, contractor, or trainee meets minimum 
     qualifications, training, and supervision requirements as set 
     forth by the Secretary.
       ``(3) Nothing in this subsection shall be construed as 
     limiting or otherwise affecting the benefits provided to a 
     covered beneficiary under--
       ``(A) this chapter;
       ``(B) title XVIII of the Social Security Act (42 U.S.C. 
     1395 et seq.); or
       ``(C) any other law.
       ``(4)(A) Treatment may be provided under this subsection in 
     a fiscal year only to the extent that amounts are provided in 
     advance in appropriations Acts for the provision of such 
     treatment for such fiscal year in the Defense Dependents 
     Developmental Disabilities Account.
       ``(B) Funds for treatment under this subsection may be 
     derived only from the Defense Dependents Developmental 
     Disabilities Account.''.
       (b) Defense Dependents Developmental Disabilities 
     Account.--
       (1) Establishment.--
       (A) In general.--There is hereby established on the books 
     of the Treasury an account to be known as the ``Defense 
     Dependents Developmental Disabilities Account'' (in this 
     subsection referred to as the ``Account'').
       (B) Separate account.--The Account shall be a separate 
     account for the Department of Defense, and shall not be a 
     subaccount within the Defense Health Program account of the 
     Department.
       (2) Elements.--The Account shall consist of amounts 
     authorized to be appropriated or transferred to the account 
     pursuant to paragraph (5).
       (3) Excluded sources of elements.--Amounts in the Account 
     may not be derived from transfers from the following:
       (A) The Department of Defense Medicare-Eligible Retiree 
     Health Care Fund under chapter 56 of title 10, United States 
     Code.
       (B) The Coast Guard Retired Pay Account.
       (C) The National Oceanic and Atmospheric Administration 
     Operations, Research, and Facilities Account.
       (D) The Public Health Service Retirement Pay and Medical 
     Benefits for Commissioned Officers Account.
       (4) Availability.--Amounts in the Account shall be 
     available for the treatment of developmental disabilities in 
     covered beneficiaries pursuant to subsection (g) of section 
     1077 of title 10, United States Code (as added by subsection 
     (a)). Amounts in the Account shall be so available until 
     expended.
       (5) Funding.--
       (A) Authorization of appropriations.--There is hereby 
     authorized to be appropriated for fiscal year 2014 for the 
     Department of Defense for the Defense Dependents 
     Developmental Disabilities Account, $60,000,000.
       (B) Offset.--The amount authorized to be appropriated for 
     fiscal year 2014 by section 301 for Operation and Maintenance 
     and available for the Office of the Secretary of Defense as 
     specified in the funding table in section 4301 is hereby 
     reduced by $60,000,000.
       (C) Transfer for continuation of existing services.--From 
     amounts authorized to be appropriated for fiscal year 2014 by 
     section 1406 and available for the Defense Health Program for 
     Operation and Maintenance as specified in the funding table 
     in section 4501, there is hereby transferred to the Defense 
     Dependents Developmental Disabilities Account, $140,000,000.
                                 ______
                                 
  SA 2266. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed by him to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

[[Page S8250]]

     SEC. 1082. EXPANSION OF ELIGIBILITY FOR POST-9/11 EDUCATIONAL 
                   ASSISTANCE TO INCLUDE SERVICE ON ACTIVE DUTY IN 
                   ENTRY LEVEL AND SKILL TRAINING UNDER CERTAIN 
                   CIRCUMSTANCES.

       (a) For Individuals Who Serve Between 18 and 24 Months.--
     Section 3311(b)(5)(A) of title 38, United States Code, is 
     amended by striking ``excluding'' and inserting 
     ``including''.
       (b) For Individuals Who Served in Operation Enduring 
     Freedom, Operation Iraqi Freedom, or Certain Other 
     Contingency Operations.--Section 3311(b) of such title is 
     amended in paragraphs (6)(A) and (7)(A) by striking 
     ``excluding service on active duty in entry level and skill 
     training'' and inserting ``including service on active duty 
     in entry level and skill training for individuals who served 
     on active duty in the Armed Forces in Operation Enduring 
     Freedom, Operation Iraqi Freedom, Operation New Dawn, or any 
     other contingency operation (as that term is defined in 
     section 101 of title 10) and excluding service on active duty 
     in entry level and skill training for all other 
     individuals''.
                                 ______
                                 
  SA 2267. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed by him to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1082. INDUSTRY AND BUSINESS TECHNOLOGY TRANSFER WORKING 
                   GROUP.

       (a) In General.--The Secretary of Energy and the National 
     Nuclear Security Administration shall jointly establish and 
     administer an industry and business technology transfer 
     working group that--
       (1) parallels and complements the efforts of the National 
     Laboratory technology working group; and
       (2) shall convene regularly to make recommendations to the 
     Department of Energy and the National Laboratories for use to 
     assess capabilities and implement improvements regarding--
       (A) priorities for commercialization;
       (B) the assessment of technology targets;
       (C) the evaluation of the impact of technology transfer 
     activities; and
       (D) implementation of technology transfer activities.
       (b) Requirements.--The working group established under 
     subsection (a) shall carry out technology transfer 
     evaluations, measurement, and reporting functions of the 
     Department of Energy, including--
       (1) an annual evaluation of the progress and impact of the 
     technology transfer programs and activities of the Department 
     and the National Nuclear Security Administration;
       (2) functions in addition to the metrics included in the 
     annual Federal laboratory technology transfer report of the 
     National Institute of Standards and Technology relating to--
       (A) the number of patents filed;
       (B) the number of patents granted;
       (C) the number of licenses and details regarding the 
     license;
       (D) the earned royalty income and other royalty statistical 
     information;
       (E) the disposition of royalty income;
       (F) the number of licenses terminated for cause; and
       (G) other relevant parameters unique to the technology 
     transfer programs and activities of the Department and the 
     National Nuclear Security Administration;
       (3) as part of the annual evaluation of technology transfer 
     activities of the Department of Energy, additional 
     information relating to the economic and technology transfer 
     impact of--
       (A) North American Industry Classification System (NAICS) 
     employment data;
       (B) follow-on investment;
       (C) start-up survival and growth rate;
       (D) transactional efficiency;
       (E) programmatic operational efficiency;
       (F) the effectiveness of local and regional partnerships; 
     and
       (G) other key metrics determined by the Secretary of Energy 
     and the National Nuclear Security Administration;
       (4)(A) the use of random sampling, retroactive data, and 
     other justifiable evaluation methodologies to control the 
     cost and scope of the evaluations; and
       (B) to the maximum extent practicable--
       (i) the collection and analysis of data relevant to the 
     metrics described in this paragraph; and
       (ii) the use of the results to improve the implementation 
     of technology transfer activities;
       (5)(A) the continuous monitoring of the fairness and 
     opportunities in the administration of this paragraph;
       (B) the assessment of--
       (i) accessibility; and
       (ii) expectations and limitations relating to employee 
     conflict of interest; and
       (C) to the maximum extent practicable, the implementation 
     of annual improvements to enable the Department and the 
     National Laboratories to effectively coordinate technology 
     transfer activities; and
       (6) based on input from the National Laboratory and 
     industry technology transfer working groups, an assessment of 
     the degree to which the technology transfer programs and 
     activities of the Department and the National Nuclear 
     Security Administration and National Laboratory technology 
     transfer offices are meeting the technology transfer goals of 
     the Department.
                                 ______
                                 
  SA 2268. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed by him to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1082. DEPARTMENT OF ENERGY RESEARCH AND DEVELOPMENT 
                   GRANTS.

       (a) Definitions.--In this section:
       (1) Director.--The term ``director'' means the director of 
     a National Laboratory.
       (2) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (b) Research and Development Grants.--
       (1) In general.--A director may accept grants for research 
     and development activities from foundations and other 
     nonprofit organizations.
       (2) Waiver of indirect costs.--
       (A) In general.--Subject to subparagraph (B), a director 
     may waive the indirect costs for the grants described in 
     paragraph (1) to the extent required by the operating charter 
     of the foundation or nonprofit organization.
       (B) Limitation on waiver.--The total amount waived under 
     subparagraph (A) shall not be greater than 1 percent of the 
     total budget of the National Laboratory.
                                 ______
                                 
  SA 2269. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed by him to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 662. PREVENTION OF VETERANS HOMELESSNESS THROUGH 
                   IMPROVED FINANCIAL EDUCATION FOR MEMBERS OF THE 
                   ARMED FORCES.

       (a) Findings.--Congress makes the following findings:
       (1) The veterans population, as a percentage of total 
     homeless population, is still extraordinarily high, and 
     higher than the percentage of veterans in the general 
     population.
       (2) The Department of Veterans Affairs goal of eliminating 
     homelessness among veterans by 2015 is a laudable goal.
       (3) The Department of Veterans Affairs has made significant 
     progress toward reaching the goal of eliminating homelessness 
     among veterans.
       (4) Even if the Department of Veterans Affairs reaches the 
     goal of eliminating homelessness among veterans, both the 
     Department of Veterans Affairs and the Department of Defense 
     will need to embrace long-term efforts to prevent future 
     veterans from becoming homeless.
       (5) In addition to triggers of homelessness such as lack of 
     employment, Post-Traumatic Stress Disorder (PTSD), substance 
     use and abuse, and a poor support system, veterans who lack 
     basic financial skills may be at a higher risk of becoming 
     homeless.
       (6) According to a study by the American Journal of Public 
     Health, many members of the Armed Forces lack basic financial 
     skills such as how to make a household budget.
       (7) The lack of basic financial skills puts veterans at 
     higher risk of making poor financial decisions, becoming 
     victims of predatory lenders, and losing housing as a result 
     of these and other financial decisions.
       (8) The Department and Defense and the Department of 
     Veterans Affairs have made strides to educate members 
     separating from the Armed Forces through the Transition 
     Assistance Program, but more can be done to educate members 
     about basic financial decision making.
       (b) Training for Enlisted on Members on Basic Financial 
     Skills.--
       (1) Plan for training.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report setting 
     forth a plan for providing improved training on basic 
     financial skills to all enlisted members of the Armed Forces 
     in grade E-3 and above during their military service, The 
     plan shall be based on the reviews required by subsections 
     (c) and (d).
       (2) Commencement of training.--The Secretary shall commence 
     provision of the training described in paragraph (1) in 
     accordance with the plan required by that paragraph by not 
     later than one year after the date of the enactment of this 
     Act.
       (c) Reviews of Certain Training.--

[[Page S8251]]

       (1) Training for officer candidates.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall conduct a review of the training 
     on financial and economic matters provided to candidates for 
     commissioning as officers in the Armed Forces to determine 
     whether additional training on such matters should be 
     provided to such candidates before commissioning.
       (2) Training within tap.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall 
     conduct a review of the training provided through the 
     Transition Assistance Program (TAP) to determine whether 
     training on financial skills provided through that Program is 
     adequate for preparing members for civilian life.
       (d) Provision of Basic Financial Skills Training.--
       (1) In general.--The Secretary of Defense shall--
       (A) review the effectiveness of the initial training on 
     basic financial skills that is provided to enlisted members 
     of the Armed Forces;
       (B) assess whether yearly training refreshers should be 
     required for members of the Armed Forces in order to build on 
     the initial training described in subparagraph (A);
       (C) review the qualifications required of individuals for 
     the provision of training on basic financial skills to 
     members of the Armed Forces; and
       (D) in light of the reviews and assessment under this 
     paragraph, establish a revised curriculum to be followed in 
     the provision of training on basic financial skills for both 
     trainees and trainers.
       (2) Consultation.--The Secretary of Defense shall carry out 
     paragraph (1) in consultation with the Secretary of Veterans 
     Affairs, the Secretary of Education, the Consumer Financial 
     Protection Bureau, and such public and private organizations 
     dedicated to financial skills education as the Secretary of 
     Defense considers appropriate.
                                 ______
                                 
  SA 2270. Mr. MURPHY (for himself, Mr. Blumenthal, Mr. Merkley, and 
Mr. Brown) submitted an amendment intended to be proposed by him to the 
bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 843. CONSIDERATION AND VERIFICATION OF INFORMATION 
                   RELATING TO EFFECT ON DOMESTIC EMPLOYMENT OF 
                   AWARD OF FEDERAL DEFENSE CONTRACTS.

       (a) In General.--Section 2305(a)(3) of title 10, United 
     States Code, is amended by adding at the end the following 
     new subparagraph:
       ``(C)(i) In prescribing the evaluation factors to be 
     included in each solicitation for competitive proposals for 
     covered contracts, an agency shall include the effects on 
     employment within the United States of the contract as an 
     evaluation factor that must be considered in the evaluation 
     of proposals.
       ``(ii) In this subparagraph, the term `covered contract' 
     means--
       ``(I) a contract in excess of $1,000,000 for the 
     procurement of manufactured goods;
       ``(II) a contract in excess of $1,000,000 for the 
     procurement of goods or services listed in the report of 
     industrial base capabilities required by section 2504 of 
     title 10; and
       ``(III) a contract in excess of $1,000,000 for the 
     procurement of any item procured as part of a major defense 
     acquisition program.
       ``(iii) The head of an agency, in issuing a solicitation 
     for competitive proposals, shall state in the solicitation 
     that the agency may consider, and in the case of a covered 
     contract will consider as an evaluation factor under 
     subparagraph (A), information (in this subsection referred to 
     as a `jobs impact statement') that the offeror includes in 
     its offer related to the effects on employment within the 
     United States of the contract if it is awarded to the 
     offeror.
       ``(iv) The information that may be included in a jobs 
     impact statement may include the following:
       ``(I) The number of jobs expected to be created or retained 
     in the United States if the contract is awarded to the 
     offeror.
       ``(II) The number of jobs created or retained in the United 
     States by the subcontractors expected to be used by the 
     offeror in the performance of the contract.
       ``(III) A guarantee from the offeror that jobs created or 
     retained in the United States will not be moved outside the 
     United States after award of the contract unless doing so is 
     required to provide the goods or services stipulated in the 
     contract or is in the best interest of the Federal 
     Government.
       ``(v) The contracting officer may consider, and in the case 
     of a covered contract will consider, the information in the 
     jobs impact statement in the evaluation of the offer and may 
     request further information from the offeror in order to 
     verify the accuracy of any such information submitted.
       ``(vi) In the case of a contract awarded to an offeror that 
     submitted a jobs impact statement with the offer for the 
     contract, the agency shall, not later than one year after the 
     award of the contract and annually thereafter for the 
     duration of the contract or contract extension, assess the 
     accuracy of the jobs impact statement.
       ``(vii) The Secretary of Defense shall submit to Congress 
     an annual report on the frequency of use within the 
     Department of Defense of jobs impact statements in the 
     evaluation of competitive proposals.
       ``(viii)(I) In any contract awarded to an offeror that 
     submitted a jobs impact statement with its offer in response 
     to the solicitation for proposals for the contract, the 
     agency shall track the number of jobs created or retained 
     during the performance of the contract.
       ``(II) If the number of jobs that the agency estimates will 
     be created (by using the jobs impact statement) significantly 
     exceeds the number of jobs created or retained, then the 
     agency may consider this as a factor that affects a 
     contractor's past performance in the award of future 
     contracts.
       ``(III) Contractors shall be provided an opportunity to 
     explain any differences between their original jobs impact 
     statement and the actual amount of jobs created or retained 
     before the discrepancy affects the agency's assessment of the 
     contractor's past performance.''.
       (b) Revision of Federal Acquisition Regulation.--The 
     Department of Defense Supplement to the Federal Acquisition 
     Regulation shall be revised to implement the amendment made 
     by subsection (a).
                                 ______
                                 
  SA 2271. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 722. COMPTROLLER GENERAL REPORT ON RECOVERY AUDIT 
                   PROGRAM OF THE TRICARE PROGRAM.

       Not later than one year after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the congressional defense committees a report that 
     evaluates the similarities and differences in the approaches 
     to identifying and recovering improper payments between the 
     Medicare program and the TRICARE program. The report shall 
     contain an evaluation of the following:
       (1) Medicare and TRICARE claims processing efforts to 
     prevent improper payments by denying claims prior to payment.
       (2) Medicare and TRICARE claims processing efforts to 
     correct improper payments post-payment.
       (3) The effectiveness of Medicare and TRICARE post-payment 
     audit programs in identifying and correcting improper 
     payments that are returned to the government plans.
                                 ______
                                 
  SA 2272. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 394, between lines 9 and 10, insert the following:
       (d) Expansion of Limitation on Reimbursement of Pakistan 
     Pending Certification on Pakistan.--Subsection (d) of section 
     1227 of the National Defense Authorization Act for Fiscal 
     Year 2013 is further amended in paragraph (1)(B)(i), by 
     inserting ``, Lashkar-e-Tayyiba, Jaish-e-Mohammed,'' after 
     ``the Haqqani Network''.
                                 ______
                                 
  SA 2273. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 353. TRANSFER OF EXCESS PERSONAL PROPERTY OF THE 
                   DEPARTMENT OF DEFENSE.

       Section 2576a of title 10, United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Restrictions on Transfer.--(1) Such excess military 
     equipment shall not be transferred under the provisions of 
     this section to a State or local law enforcement, 
     firefighting, homeland security, or emergency management 
     agency unless request therefor is made by such agency, in 
     such form and manner as the Secretary of Defense shall 
     prescribe, and such request, with respect to the type and 
     amount of equipment so requested, is certified as being 
     necessary

[[Page S8252]]

     and suitable for the operation of such agency by the Governor 
     (or such State official as he may designate) of the State in 
     which such agency is located. Equipment transferred to a 
     State or local law enforcement, firefighting, homeland 
     security, or emergency management agency under this section 
     shall not exceed, in quantity, the amount requested and 
     certified for such agency and shall be for the exclusive use 
     of such agency. Such equipment may not be sold, or otherwise 
     transferred, by such agency to any individual or public or 
     private organization or agency.
       ``(2) The Secretary of Defense shall, as a condition of 
     transfer of personal property under this section, prohibit 
     the additional transfer of such property to any receiving 
     party unless the transfer and such receiving party meet the 
     requirements under paragraph (1).
       ``(3) The Secretary may require any party receiving 
     personal property pursuant to this section to return such 
     property to the Department of Defense at no cost to the 
     Department if such party does not comply with the 
     requirements of paragraph (1).''.
                                 ______
                                 
  SA 2274. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 314. LINKING DOMESTIC MANUFACTURERS TO DEFENSE SUPPLY 
                   CHAIN OPPORTUNITIES.

       (a) In General.--The Secretary of Defense is authorized to 
     work with other Federal agencies--
       (1) to identify United States manufacturers currently 
     producing, or capable of producing, defense and industrial 
     base equipment, component parts, or similarly performing 
     products; and
       (2) to work with Department of Defense contractors 
     responsible for the production of major weapons systems to 
     identify and address gaps in domestic supply chains.
       (b) Consultation.--In carrying out the actions authorized 
     under this section, the Secretary shall consult with--
       (1) the Department of Commerce and other Federal agencies 
     with relevant experience; and
       (2) participants in the National Institute of Standards and 
     Technology Hollings Manufacturing Extension Partnership 
     program authorized under section 25 of the National Institute 
     of Standards and Technology Act (15 U.S.C. 278k), and other 
     industry groups.
                                 ______
                                 
  SA 2275. Mr. BROWN (for himself and Mr. Sanders) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 804. INCLUSION OF FLAGS OF THE UNITED STATES OF AMERICA 
                   UNDER BUY AMERICAN REQUIREMENTS OF THE 
                   DEPARTMENT OF DEFENSE.

       Section 2533a(b) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(3) A flag of the United States of America (within the 
     meaning of chapter 1 of title 4).''.
                                 ______
                                 
  SA 2276. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 311.
                                 ______
                                 
  SA 2277. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 804. REVISION OF DEFENSE SUPPLEMENT TO THE FEDERAL 
                   ACQUISITION REGULATION TO TAKE INTO ACCOUNT 
                   SOURCING LAWS.

       Not later than 60 days after the date of the enactment of 
     this Act, the Department of Defense Supplement to the Federal 
     Acquisition Regulation shall be revised to implement the 
     requirements imposed by sections 129, 129a, 2330a, 2461, and 
     2463 of title 10, United States Code.
                                 ______
                                 
  SA 2278. Mr. DURBIN (for himself, Mr. Boozman, Mr. Coons, Mr. Kirk, 
Mr. Graham, Mrs. Shaheen, and Mr. Brown) submitted an amendment 
intended to be proposed by him to the bill S. 1197, to authorize 
appropriations for fiscal year 2014 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1082. UNITED STATES EXPORTS TO AFRICA.

       (a) Purpose.--The purpose of this section is to create jobs 
     in the United States by increasing United States exports to 
     Africa by 200 percent in real dollar value within 10 years.
       (b) Definitions.--In this section:
       (1) Africa.--The term ``Africa'' refers to the entire 
     continent of Africa and its 54 countries, including the 
     Republic of South Sudan.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Foreign 
     Relations, and the Committee on Finance of the Senate; and
       (B) the Committee on Appropriations, the Committee on 
     Energy and Commerce, the Committee on Financial Services, the 
     Committee on Foreign Affairs, and the Committee on Ways and 
     Means of the House of Representatives.
       (3) Trade promotion coordinating committee.--The term 
     ``Trade Promotion Coordinating Committee'' means the Trade 
     Promotion Coordinating Committee established by Executive 
     Order 12870 (58 Fed. Reg. 51753).
       (4) United states and foreign commercial service.--The term 
     ``United States and Foreign Commercial Service'' means the 
     United States and Foreign Commercial Service established by 
     section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 
     4721).
       (c) Coordinated Agency Efforts.--Not later than 60 days 
     after the date of the enactment of this Act, the President 
     shall designate an existing senior United States Government 
     official with existing interagency authority for export 
     policy for Africa to coordinate among various United States 
     Government agencies existing export strategies with the goal 
     of significantly increasing United States exports to Africa 
     in real dollar value. Such coordination shall occur for not 
     less than 2 years after the date of the enactment of this 
     Act.
       (d) Trade Mission to Africa.--It is the sense of Congress 
     that, not later than 1 year after the date of the enactment 
     of this Act, the Secretary of Commerce and other high-level 
     officials of the United States Government with responsibility 
     for export promotion, financing, and development should 
     conduct a joint trade mission to Africa.
       (e) Personnel.--
       (1) United states and foreign commercial service.--
       (A) In general.--The Secretary of Commerce shall ensure 
     that not less than 10 total United States and Foreign 
     Commercial Service officers are assigned to Africa for each 
     of the first 5 fiscal years beginning after the date of the 
     enactment of this Act.
       (B) Assignment.--The Secretary shall, in consultation with 
     the Trade Promotion Coordinating Committee, the Under 
     Secretary for International Trade of the Department of 
     Commerce, and the person designated pursuant to subsection 
     (c), assign the United States and Foreign Commercial Service 
     officers described in subparagraph (A) to United States 
     embassies in Africa after conducting a timely resource 
     allocation analysis that represents a forward-looking 
     assessment of future United States trade opportunities in 
     Africa.
       (C) Coordination.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     ensure that the Department of Commerce coordinates with the 
     United States Executive Director at the World Bank and the 
     African Development Bank on United States export strategy 
     related to Africa.
       (2) Overseas private investment corporation.--
       (A) Staffing.--Of the net offsetting collections collected 
     by the Overseas Private Investment Corporation used for 
     administrative expenses, the Corporation shall use sufficient 
     funds to ensure that adequate staff, not to increase by more 
     than two new staff, are available to promote stable and 
     sustainable economic growth and development in Africa, to 
     strengthen and expand the private sector in Africa, and to 
     facilitate the general economic development of Africa, with a 
     particular focus on helping United States businesses expand 
     into African markets.
       (B) Report.--The Corporation shall report to the 
     appropriate congressional committees on whether recent 
     technology upgrades have

[[Page S8253]]

     resulted in more effective and efficient processing and 
     tracking of applications for financing received by the 
     Corporation.
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed as permitting the reduction of Department of 
     Commerce, Department of State, Export Import Bank, or 
     Overseas Private Investment Corporation personnel or the 
     alteration of planned personnel increases in other regions, 
     except where a personnel decrease was previously anticipated 
     or where decreased export opportunities justify personnel 
     reductions.
       (f) Training.--Not later than 90 days after the date of the 
     enactment of this Act, the President shall develop and 
     implement a plan--
       (1) to standardize the training received by United States 
     and Foreign Commercial Service officers, economic officers of 
     the Department of State, and economic officers of the United 
     States Agency for International Development with respect to 
     the programs and procedures of the Export-Import Bank of the 
     United States, the Overseas Private Investment Corporation, 
     the Small Business Administration, and the United States 
     Trade and Development Agency; and
       (2) to ensure that--
       (A) all United States and Foreign Commercial Service 
     officers that are stationed overseas receive the training 
     described in paragraph (1); and
       (B) in the case of a country to which no United States and 
     Foreign Commercial Service officer is assigned, any economic 
     officer of the Department of State stationed in that country 
     shall receive that training.
       (g) Small Business Administration.--Section 22(b) of the 
     Small Business Act (15 U.S.C. 649(b)) is amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``the Trade Promotion Coordinating Committee,'' after 
     ``Director of the United States Trade and Development 
     Agency,''; and
       (2) in paragraph (3), by inserting ``regional offices of 
     the Export-Import Bank,'' after ``Retired Executives,''.
       (h) Non-oecd Lending and Reporting.--
       (1) Sense of congress.--It is the sense of Congress that 
     foreign export credit agencies are providing non-OECD 
     arrangement compliant financing in Africa, which distorts 
     trade and threatens United States jobs.
       (2) Report.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter for five 
     years, the senior coordinator named in subsection (c) shall 
     submit to the Committee on Banking, Housing, and Urban 
     Affairs, the Committee on Foreign Relations, and the 
     Committee on Appropriations of the Senate and the Committee 
     on Financial Services, the Committee on Foreign Affairs, and 
     the Committee on Appropriations of the House of 
     Representatives a report on United States Government export 
     financing related to United States exports to Africa.
       (B) Elements.--The report required under subparagraph (A) 
     shall include the following elements:
       (i) A summary of progress made to significantly increase 
     United States exports to Africa in real dollars.
       (ii) An explanation of challenges hindering further United 
     States exports to Africa, including plans to overcome such 
     challenges.
       (iii) An assessment of challenges that prevented United 
     States Government export financing for viable United States 
     export business to Africa for which commercial lending was 
     not available.
       (iv) A summary of all Export Import Bank loans made and 
     rejected that were considered to counter non-OECD arrangement 
     compliant financing offered by other countries.
       (v) A description of trade distorting non-OECD arrangement 
     compliant financing loans made by other countries during that 
     fiscal year to firms that competed against United States 
     firms.
       (C) Non-disclosure.--The report required under subparagraph 
     (A) shall not disclose any information that is confidential 
     or business proprietary, or that would violate section 1905 
     of title 18, United States Code (commonly referred to as the 
     ``Trade Secrets Act'').
                                 ______
                                 
  SA 2279. Mr. DURBIN (for himself and Mr. Harkin) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 722. EXTREMITY TRAUMA AND AMPUTATION RESEARCH.

       Section 723 of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (Public Law 110-417; 
     122 Stat. 4508) is amended--
       (1) in subsection (c)(2), by adding at the end the 
     following: ``Such research may be conducted by awarding 
     competitive grants for peer-reviewed research on patient 
     outcomes, materials, and technology to advance orthotic and 
     prosthetic clinical care for members of the Armed Forces and 
     veterans who have undergone amputation, traumatic brain 
     injury, and other serious physical injury as a result of 
     combat or military experience.''; and
       (2) in subsection (d)(2), by adding at the end the 
     following new subparagraph:
       ``(C) Identification and prioritization of the most 
     significant gaps in orthotic and prosthetic research 
     pertinent to the provision of evidence-based clinical care to 
     members of the Armed Forces and veterans, and a summary of 
     how any grants awarded under subsection (c)(2) will address 
     such gaps.''.
                                 ______
                                 
  SA 2280. Mr. DURBIN (for himself, Mrs. Hagan, and Mr. Harkin) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 529. REVENUE, RECRUITING, AND MARKETING RESTRICTIONS FOR 
                   INSTITUTIONS OF HIGHER EDUCATION RECEIVING 
                   FUNDS FROM VOLUNTARY MILITARY EDUCATION 
                   PROGRAMS.

       (a) 90/10 Rule for Participation in Voluntary Military 
     Education Programs.--
       (1) In general.--Notwithstanding any other provision of 
     law, in order for a proprietary institution of higher 
     education (as defined in section 102(b) of the Higher 
     Education Act of 1965 (20 U.S.C. 1002(b))) to be eligible to 
     participate in a voluntary military education program, such 
     institution shall demonstrate to the Secretary of Defense 
     that not less than 10 percent of such institution's revenues 
     are derived from sources other than--
       (A) funds provided under title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070 et seq.); and
       (B) funds provided under voluntary military education 
     programs, as calculated in a manner to be determined by the 
     Secretary of Defense and consistent with section 487(d)(1) of 
     such Act.
       (2) Voluntary military education programs defined.--In this 
     subsection, the term ``voluntary military education 
     programs'' means--
       (A) the programs to assist military spouses in achieving 
     education and training for extended employment and portable 
     career opportunities under section 1784a of title 10, United 
     States Code (commonly referred to as ``MyCAA''); and
       (B) the authority to pay tuition for off-duty training or 
     education of members of the Armed Forces under section 2005 
     or 2007 of title 10, United States Code.
       (b) Marketing Ban.--
       (1) In general.--In order to be eligible to receive 
     voluntary military education program funds and in addition to 
     any other requirements to receive such funds, an institution 
     of higher education or other postsecondary educational 
     institution shall not use revenues derived from voluntary 
     military education program funds for recruiting or marketing 
     activities described in paragraph (2).
       (2) Covered activities.--Except as provided in paragraph 
     (3), the recruiting and marketing activities subject to 
     paragraph (1) shall include the following:
       (A) Advertising and promotion activities, including--
       (i) paid announcements in newspapers, magazines, radio, 
     television, billboards or electronic media;
       (ii) naming rights; and
       (iii) any other public medium of communication, including 
     paying for displays or promotions at job fairs, military 
     installations, or college recruiting events.
       (B) Efforts to identify and attract prospective students, 
     either directly or through a contractor or other third party, 
     including contact concerning a prospective student's 
     potential enrollment or application for grant, loan, or work 
     assistance under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.) or participation in preadmission or 
     advising activities, which may include--
       (i) paying employees responsible for overseeing enrollment 
     and for contacting potential students in-person, by phone, by 
     email, or by other internet communications regarding 
     enrollment; and
       (ii) soliciting an individual to provide contact 
     information to an institution of higher education, including 
     websites established for such purpose and funds paid to third 
     parties for such purpose.
       (C) Such other activities as the Secretary of Defense may 
     prescribe, including paying for promotion or sponsorship of 
     education-related or military-related associations.
       (3) Exceptions.--The recruiting and marketing activities 
     subject to paragraph (1) shall not include the following:
       (A) Any activity that is required as a condition of receipt 
     of funds by an institution of higher education under title IV 
     of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), 
     is specifically authorized under such title, or is otherwise 
     specified by the Secretary of Education.
       (B) Any activity that is required to qualify for voluntary 
     military education program funds or is otherwise specified by 
     the Secretary of Defense.

[[Page S8254]]

       (4) Reporting.--Each institution of higher education, or 
     other postsecondary educational institution, that receives 
     revenues derived from voluntary military education program 
     funds shall annually prepare and submit a report to the 
     Secretary of Defense and to Congress regarding the 
     institution's expenditures on advertising, marketing, and 
     recruiting.
       (5) Definition of voluntary military education program 
     funds.--In this subsection, the term ``voluntary military 
     education program funds'' means funds provided under--
       (A) the programs to assist military spouses in achieving 
     education and training for extended employment and portable 
     career opportunities under section 1784a of title 10, United 
     States Code (commonly referred to as ``MyCAA''); and
       (B) the authority to pay tuition for off-duty training or 
     education of members of the Armed Forces under section 2005 
     or 2007 of title 10, United States Code.
                                 ______
                                 
  SA 2281. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. PROGRAM TO PROVIDE FEDERAL PROCUREMENT CONTRACTS 
                   TO EARLY-STAGE SMALL BUSINESS CONCERNS.

       (a) In General.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 48. PROGRAM TO PROVIDE FEDERAL PROCUREMENT CONTRACTS 
                   TO EARLY-STAGE SMALL BUSINESS CONCERNS.

       ``(a) Definitions.--In this section--
       ``(1) the term `early-stage small business concern' means a 
     small business concern--
       ``(A) that has not more than 15 employees;
       ``(B) that--
       ``(i) has average annual receipts that total not more than 
     $1,000,000; or
       ``(ii) is in an industry with a size standard of less than 
     $1,000,000 in average annual receipts; and
       ``(C) that is certified as an early-stage small business 
     concern--
       ``(i) by the Administrator; or
       ``(ii) by a Federal agency, State government, or national 
     certifying entity approved by the Administrator to certify 
     that the small business concern is an early-stage small 
     business concern;
       ``(2) the term `Federal procurement contract' means a 
     contract with a Federal agency for the procurement of goods 
     or services; and
       ``(3) the term `program' means the program established 
     under subsection (b).
       ``(b) Establishment.--The Administrator shall establish and 
     carry out a program to provide improved access to Federal 
     procurement contract opportunities for early-stage small 
     business concerns in accordance with this section.
       ``(c) Procurement Contracts.--
       ``(1) In general.--In carrying out the program, the 
     Administrator shall, in consultation with other Federal 
     agencies, identify Federal procurement contracts of not less 
     than $3,000 and not more than $50,000 to be awarded to early-
     stage small business concerns under the program.
       ``(2) Contract awards.--A Federal agency may award a 
     contract identified under paragraph (1) to an early-stage 
     small business concern selected, and determined to be 
     responsible, by the Federal agency.
       ``(3) Competition.--
       ``(A) Sole source.--A contracting officer may award a sole 
     source contract to an early-stage small business concern 
     under the program if--
       ``(i) the contracting officer determines that the early-
     stage small business concern is a responsible contractor with 
     respect to performance of the contract;
       ``(ii) the contracting officer does not have a reasonable 
     expectation that 2 or more early-stage small business 
     concerns will submit offers for the contract; and
       ``(iii) in the estimation of the contracting officer, the 
     contract award can be made at a fair and reasonable price.
       ``(B) Restricted competition.--A contracting officer may 
     award a contract under the program on the basis of 
     competition restricted to early-stage small business concerns 
     if the contracting officer has a reasonable expectation 
     that--
       ``(i) 2 or more early-stage small business concerns will 
     submit offers for the contract; and
       ``(ii) the contract award can be made at a fair and 
     reasonable price.
       ``(4) Contract value.--A contract awarded under the program 
     shall have a value greater than $3,000 and less than $50,000.
       ``(d) Technical Assistance.--The Administrator shall 
     provide early-stage small business concerns with technical 
     assistance and counseling regarding--
       ``(1) applying and competing for Federal procurement 
     contracts; and
       ``(2) fulfilling administrative responsibilities associated 
     with the performance of a Federal procurement contract.
       ``(e) Attainment of Contract Goals.--Contract awards made 
     under the program shall count toward the attainment of the 
     goals established under section 15(g).
       ``(f) Regulations.--The Administrator shall--
       ``(1) not later than 180 days after the date of enactment 
     of this section, propose regulations to carry out this 
     section; and
       ``(2) not later than 270 days after the date of enactment 
     of this section, issue final regulations to carry out this 
     section.
       ``(g) Report to Congress.--Not later than April 30, 2015, 
     the Administrator shall submit to Congress a report on the 
     performance of the program.''.
       (b) Repeal of Similar Program.--Section 304 of the Small 
     Business Administration Reauthorization and Amendments Act of 
     1994 (15 U.S.C. 644 note) is repealed.
                                 ______
                                 
  SA 2282. Mr. WYDEN (for himself, Ms. Murkowski, Mr. Udall of New 
Mexico, Mr. Blumenthal, and Mr. Heinrich) submitted an amendment 
intended to be proposed by him to the bill S. 1197, to authorize 
appropriations for fiscal year 2014 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XXVIII, add the following:

                 Subtitle F--Military Land Withdrawals

     SEC. 2851. SHORT TITLE.

       This subtitle may be cited as the ``Military Land 
     Withdrawals Act of 2013''.

     SEC. 2852. DEFINITIONS.

       In this subtitle:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
       (2) Manage; management.--
       (A) Inclusions.--The terms ``manage'' and ``management'' 
     include the authority to exercise jurisdiction, custody, and 
     control over the land withdrawn and reserved by title LI.
       (B) Exclusions.--The terms ``manage'' and ``management'' do 
     not include authority for disposal of the land withdrawn and 
     reserved by title LI.
       (3) Secretary concerned.--The term ``Secretary concerned'' 
     has the meaning given the term in section 101(a) of title 10, 
     United States Code.

                       PART 1--GENERAL PROVISIONS

     SEC. 2861. GENERAL APPLICABILITY; DEFINITIONS.

       (a) Applicability of Part.--The provisions of this part 
     apply to any withdrawal made by this subtitle.
       (b) Rules of Construction.--Nothing in this part assigns 
     management of real property under the administrative 
     jurisdiction of the Secretary concerned to the Secretary of 
     the Interior.

     SEC. 2862. MAPS AND LEGAL DESCRIPTIONS.

       (a) Preparation of Maps and Legal Descriptions.--As soon as 
     practicable after the date of enactment of this Act, the 
     Secretary of the Interior shall--
       (1) publish in the Federal Register a notice containing the 
     legal description of the land withdrawn and reserved by part 
     2; and
       (2) file maps and legal descriptions of the land withdrawn 
     and reserved by part 2 with--
       (A) the Committee on Armed Services and the Committee on 
     Energy and Natural Resources of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Natural Resources of the House of Representatives.
       (b) Legal Effect.--The maps and legal descriptions filed 
     under subsection (a)(2) shall have the same force and effect 
     as if the maps and legal descriptions were included in this 
     subtitle, except that the Secretary of the Interior may 
     correct any clerical and typographical errors in the maps and 
     legal descriptions.
       (c) Availability.--Copies of the maps and legal 
     descriptions filed under subsection (a)(2) shall be available 
     for public inspection--
       (1) in the appropriate offices of the Bureau of Land 
     Management;
       (2) in the office of the commanding officer of the military 
     installation for which the land is withdrawn; and
       (3) if the military installation is under the management of 
     the National Guard, in the office of the Adjutant General of 
     the State in which the military installation is located.
       (d) Costs.--The Secretary concerned shall reimburse the 
     Secretary of the Interior for the costs incurred by the 
     Secretary of the Interior in implementing this section.

     SEC. 2863. ACCESS RESTRICTIONS.

       (a) In General.--If the Secretary concerned determines that 
     military operations, public safety, or national security 
     require the closure to the public of any road, trail, or 
     other portion of land withdrawn and reserved by this 
     subtitle, the Secretary may take such action as the Secretary 
     determines to be necessary to implement and maintain the 
     closure.
       (b) Limitation.--Any closure under subsection (a) shall be 
     limited to the minimum area and duration that the Secretary 
     concerned determines are required for the purposes of the 
     closure.
       (c) Consultation Required.--
       (1) In general.--Subject to paragraph (3), before a closure 
     is implemented under this

[[Page S8255]]

     section, the Secretary concerned shall consult with the 
     Secretary of the Interior.
       (2) Indian tribe.--Subject to paragraph (3), if a closure 
     proposed under this section may affect access to or use of 
     sacred sites or resources considered to be important by an 
     Indian tribe, the Secretary concerned shall consult, at the 
     earliest practicable date, with the affected Indian tribe.
       (3) Limitation.--No consultation shall be required under 
     paragraph (1) or (2)--
       (A) if the closure is provided for in an integrated natural 
     resources management plan, an installation cultural resources 
     management plan, or a land use management plan; or
       (B) in the case of an emergency, as determined by the 
     Secretary concerned.
       (d) Notice.--Immediately preceding and during any closure 
     implemented under subsection (a), the Secretary concerned 
     shall post appropriate warning notices and take other 
     appropriate actions to notify the public of the closure.

     SEC. 2864. CHANGES IN USE.

       (a) Other Uses Authorized.--In addition to the purposes 
     described in part 2, the Secretary concerned may authorize 
     the use of land withdrawn and reserved by this subtitle for 
     defense-related purposes.
       (b) Notice to Secretary of the Interior.--
       (1) In general.--The Secretary concerned shall promptly 
     notify the Secretary of the Interior if the land withdrawn 
     and reserved by this subtitle is used for additional defense-
     related purposes.
       (2) Requirements.--A notification under paragraph (1) shall 
     specify--
       (A) each additional use;
       (B) the planned duration of each additional use; and
       (C) the extent to which each additional use would require 
     that additional or more stringent conditions or restrictions 
     be imposed on otherwise-permitted nondefense-related uses of 
     the withdrawn and reserved land or portions of withdrawn and 
     reserved land.

     SEC. 2866. BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION.

       (a) Required Activities.--The Secretary concerned shall, 
     consistent with any applicable land management plan, take 
     necessary precautions to prevent, and actions to suppress, 
     brush and range fires occurring as a result of military 
     activities on the land withdrawn and reserved by this 
     subtitle, including fires that occur on other land that 
     spread from the withdrawn and reserved land.
       (b) Cooperation of Secretary of the Interior.--
       (1) In general.--At the request of the Secretary concerned, 
     the Secretary of the Interior shall--
       (A) provide assistance in the suppression of fires under 
     subsection (a); and
       (B) be reimbursed by the Secretary concerned for the costs 
     of the Secretary of the Interior in providing the assistance.
       (2) Transfer of funds.--Notwithstanding section 2215 of 
     title 10, United States Code, the Secretary concerned may 
     transfer to the Secretary of the Interior, in advance, funds 
     to reimburse the costs of the Department of the Interior in 
     providing assistance under this subsection.

     SEC. 2867. ONGOING DECONTAMINATION.

       (a) In General.--During the period of a withdrawal and 
     reservation of land under this subtitle, the Secretary 
     concerned shall maintain a program of decontamination of 
     contamination caused by defense-related uses on the withdrawn 
     land--
       (1) to the extent funds are available to carry out this 
     subsection; and
       (2) consistent with applicable Federal and State law.
       (b) Annual Report.--The Secretary of Defense shall include 
     in the annual report required by section 2711 of title 10, 
     United States Code, a description of decontamination 
     activities conducted under subsection (a).

     SEC. 2868. WATER RIGHTS.

       (a) No Reservation of Water Rights.--Nothing in this 
     subtitle--
       (1) establishes a reservation of the United States with 
     respect to any water or water right on the land withdrawn and 
     reserved by this subtitle; or
       (2) authorizes the appropriation of water on the land 
     withdrawn and reserved by this subtitle, except in accordance 
     with applicable State law.
       (b) Effect on Previously Acquired or Reserved Water 
     Rights.--
       (1) In general.--Nothing in this section affects any water 
     rights acquired or reserved by the United States before the 
     date of enactment of this Act.
       (2) Authority of secretary concerned.--The Secretary 
     concerned may exercise any water rights described in 
     paragraph (1).

     SEC. 2869. HUNTING, FISHING, AND TRAPPING.

       Section 2671 of title 10, United States Code, shall apply 
     to all hunting, fishing, and trapping on the land--
       (1) that is withdrawn and reserved by this subtitle; and
       (2) for which management of the land has been assigned to 
     the Secretary concerned.

     SEC. 2870. LIMITATION ON EXTENSIONS AND RENEWALS.

       The withdrawals and reservations established under this 
     subtitle may not be extended or renewed except by a law 
     enacted after the date of enactment of this Act.

     SEC. 2871. APPLICATION FOR RENEWAL OF A WITHDRAWAL AND 
                   RESERVATION.

       To the extent practicable, not later than 5 years before 
     the date of termination of a withdrawal and reservation 
     established by this subtitle, the Secretary concerned shall--
       (1) notify the Secretary of the Interior as to whether the 
     Secretary concerned will have a continuing defense-related 
     need for any of the land withdrawn and reserved by this 
     subtitle after the termination date of the withdrawal and 
     reservation; and
       (2) transmit a copy of the notice submitted under paragraph 
     (1) to--
       (A) the Committee on Armed Services and the Committee on 
     Energy and Natural Resources of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Natural Resources of the House of Representatives.

     SEC. 2872. LIMITATION ON SUBSEQUENT AVAILABILITY OF LAND FOR 
                   APPROPRIATION.

       On the termination of a withdrawal and reservation by this 
     subtitle, the previously withdrawn land shall not be open to 
     any form of appropriation under the public land laws, 
     including the mining laws, the mineral leasing laws, and the 
     geothermal leasing laws, unless the Secretary of the Interior 
     publishes in the Federal Register an appropriate order 
     specifying the date on which the land shall be--
       (1) restored to the public domain; and
       (2) opened for appropriation under the public land laws.

     SEC. 2873. RELINQUISHMENT.

       (a) Notice of Intention To Relinquish.--If, during the 
     period of withdrawal and reservation under this subtitle, the 
     Secretary concerned decides to relinquish any or all of the 
     land withdrawn and reserved by this subtitle, the Secretary 
     concerned shall submit to the Secretary of the Interior 
     notice of the intention to relinquish the land.
       (b) Determination of Contamination.--The Secretary 
     concerned shall include in the notice submitted under 
     subsection (a) a written determination concerning whether and 
     to what extent the land that is to be relinquished is 
     contaminated with explosive materials or toxic or hazardous 
     substances.
       (c) Public Notice.--The Secretary of the Interior shall 
     publish in the Federal Register the notice of intention to 
     relinquish the land under this section, including the 
     determination concerning the contaminated state of the land.
       (d) Decontamination of Land To Be Relinquished.--
       (1) Decontamination required.--The Secretary concerned 
     shall decontaminate land subject to a notice of intention 
     under subsection (a) to the extent that funds are 
     appropriated for that purpose, if--
       (A) the land subject to the notice of intention is 
     contaminated, as determined by the Secretary concerned; and
       (B) the Secretary of the Interior, in consultation with the 
     Secretary concerned, determines that--
       (i) decontamination is practicable and economically 
     feasible, after taking into consideration the potential 
     future use and value of the contaminated land; and
       (ii) on decontamination of the land, the land could be 
     opened to operation of some or all of the public land laws, 
     including the mining laws, the mineral leasing laws, and the 
     geothermal leasing laws.
       (2) Alternatives to relinquishment.--The Secretary of the 
     Interior shall not be required to accept the land proposed 
     for relinquishment under subsection (a), if--
       (A) the Secretary of the Interior, after consultation with 
     the Secretary concerned, determines that--
       (i) decontamination of the land is not practicable or 
     economically feasible; or
       (ii) the land cannot be decontaminated sufficiently to be 
     opened to operation of some or all of the public land laws; 
     or
       (B) sufficient funds are not appropriated for the 
     decontamination of the land.
       (3) Status of contaminated land on termination.--If, 
     because of the contaminated state of the land, the Secretary 
     of the Interior declines to accept land withdrawn and 
     reserved by this subtitle that has been proposed for 
     relinquishment, or if at the expiration of the withdrawal and 
     reservation made by this subtitle, the Secretary of the 
     Interior determines that a portion of the land withdrawn and 
     reserved by this subtitle is contaminated to an extent that 
     prevents opening the contaminated land to operation of the 
     public land laws--
       (A) the Secretary concerned shall take appropriate steps to 
     warn the public of--
       (i) the contaminated state of the land; and
       (ii) any risks associated with entry onto the land;
       (B) after the expiration of the withdrawal and reservation 
     under this subtitle, the Secretary concerned shall undertake 
     no activities on the contaminated land, except for activities 
     relating to the decontamination of the land; and
       (C) the Secretary concerned shall submit to the Secretary 
     of the Interior and Congress a report describing--
       (i) the status of the land; and
       (ii) any actions taken under this paragraph.
       (e) Revocation Authority.--
       (1) In general.--If the Secretary of the Interior 
     determines that it is in the public interest to accept the 
     land proposed for relinquishment under subsection (a), the 
     Secretary of the Interior may order the revocation of a 
     withdrawal and reservation established by this subtitle.
       (2) Revocation order.--To carry out a revocation under 
     paragraph (1), the Secretary of

[[Page S8256]]

     the Interior shall publish in the Federal Register a 
     revocation order that--
       (A) terminates the withdrawal and reservation;
       (B) constitutes official acceptance of the land by the 
     Secretary of the Interior; and
       (C) specifies the date on which the land will be opened to 
     the operation of some or all of the public land laws, 
     including the mining laws.
       (f) Acceptance by Secretary of the Interior.--
       (1) In general.--Nothing in this section requires the 
     Secretary of the Interior to accept the land proposed for 
     relinquishment if the Secretary determines that the land is 
     not suitable for return to the public domain.
       (2) Notice.--If the Secretary makes a determination that 
     the land is not suitable for return to the public domain, the 
     Secretary shall provide notice of the determination to 
     Congress.

     SEC. 2874. LAND WITHDRAWALS; IMMUNITY OF THE UNITED STATES.

       The United States and officers and employees of the United 
     States shall be held harmless and shall not be liable for any 
     injuries or damages to persons or property incurred as a 
     result of any mining or mineral or geothermal leasing 
     activity or other authorized nondefense-related activity 
     conducted on land withdrawn and reserved by this subtitle.

                   PART 2--MILITARY LAND WITHDRAWALS

     SEC. 2881. CHINA LAKE, CALIFORNIA.

       (a) Withdrawal and Reservation.--
       (1) Withdrawal.--Subject to valid existing rights and 
     except as otherwise provided in this section, the public land 
     (including the interests in land) described in paragraph (2), 
     and all other areas within the boundary of the land depicted 
     on the map described in that paragraph that may become 
     subject to the operation of the public land laws, is 
     withdrawn from all forms of appropriation under the public 
     land laws (including the mining laws and the mineral leasing 
     laws).
       (2) Description of land.--The public land (including 
     interests in land) referred to in paragraph (1) is the 
     Federal land located within the boundaries of the Naval Air 
     Weapons Station China Lake, comprising approximately 
     1,045,000 acres in Inyo, Kern, and San Bernardino Counties, 
     California, as generally depicted on the maps entitled 
     ``Naval Air Weapons Station China Lake Withdrawal--Renewal'', 
     ``North Range'', and ``South Range'', dated March 18, 2013, 
     and filed in accordance with section 2862.
       (3) Reservation.--The land withdrawn by paragraph (1) is 
     reserved for use by the Secretary of the Navy for the 
     following purposes:
       (A) Use as a research, development, test, and evaluation 
     laboratory.
       (B) Use as a range for air warfare weapons and weapon 
     systems.
       (C) Use as a high-hazard testing and training area for 
     aerial gunnery, rocketry, electronic warfare and 
     countermeasures, tactical maneuvering and air support, and 
     directed energy and unmanned aerial systems.
       (D) Geothermal leasing, development, and related power 
     production activities.
       (E) Other defense-related purposes consistent with the 
     purposes described in subparagraphs (A) through (D) and 
     authorized under section 2864.
       (b) Management of Withdrawn and Reserved Land.--
       (1) Management by the secretary of the interior.--
       (A) In general.--Except as provided in paragraph (2), 
     during the period of the withdrawal and reservation of land 
     by this section, the Secretary of the Interior shall manage 
     the land withdrawn and reserved by this section in accordance 
     with--
       (i) this subtitle;
       (ii) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (iii) any other applicable law.
       (B) Authorized activities.--To the extent consistent with 
     applicable law and Executive orders, the land withdrawn by 
     this section may be managed in a manner that permits the 
     following activities:
       (i) Grazing.
       (ii) Protection of wildlife and wildlife habitat.
       (iii) Preservation of cultural properties.
       (iv) Control of predatory and other animals.
       (v) Recreation and education.
       (vi) Prevention and appropriate suppression of brush and 
     range fires resulting from non-military activities.
       (vii) Geothermal leasing and development and related power 
     production activities.
       (C) Nondefense uses.--All nondefense-related uses of the 
     land withdrawn by this section (including the uses described 
     in subparagraph (B)), shall be subject to any conditions and 
     restrictions that the Secretary of the Interior and the 
     Secretary of the Navy jointly determine to be necessary to 
     permit the defense-related use of the land for the purposes 
     described in this section.
       (D) Issuance of leases.--
       (i) In general.--The Secretary of the Interior shall be 
     responsible for the issuance of any lease, easement, right-
     of-way, permit, license, or other instrument authorized by 
     law with respect to any activity that involves geothermal 
     resources on--

       (I) the land withdrawn and reserved by this section; and
       (II) any other land not under the administrative 
     jurisdiction of the Secretary of the Navy.

       (ii) Consent required.--Any authorization issued under 
     clause (i) shall--

       (I) only be issued with the consent of the Secretary of the 
     Navy; and
       (II) be subject to such conditions as the Secretary of the 
     Navy may require with respect to the land withdrawn and 
     reserved by this section.

       (2) Assignment to the secretary of the navy.--
       (A) In general.--The Secretary of the Interior may assign 
     the management responsibility, in whole or in part, for the 
     land withdrawn and reserved by this section to the Secretary 
     of the Navy.
       (B) Applicable law.--On assignment of the management 
     responsibility under subparagraph (A), the Secretary of the 
     Navy shall manage the land in accordance with--
       (i) this subtitle;
       (ii) title I of the Sikes Act (16 U.S.C. 670a et seq.);
       (iii) the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1701 et seq.);
       (iv) cooperative management arrangements entered into by 
     the Secretary of the Interior and the Secretary of the Navy; 
     and
       (v) any other applicable law.
       (3) Geothermal resources.--
       (A) In general.--Nothing in this section or section 2865 
     affects--
       (i) geothermal leases issued by the Secretary of the 
     Interior before the date of enactment of this Act; or
       (ii) the responsibility of the Secretary of the Interior to 
     administer and manage the leases described in clause (i), 
     consistent with the provisions of this section.
       (B) Authority of the secretary of the interior.--Nothing in 
     this section or any other provision of law prohibits the 
     Secretary of the Interior from issuing, subject to the 
     concurrence of the Secretary of the Navy, and administering 
     any lease under the Geothermal Steam Act of 1970 (30 U.S.C. 
     1001 et seq.) and any other applicable law for the 
     development and use of geothermal steam and associated 
     geothermal resources on the land withdrawn and reserved by 
     this section.
       (C) Applicable law.--Nothing in this section affects the 
     geothermal exploration and development authority of the 
     Secretary of the Navy under section 2917 of title 10, United 
     States Code, with respect to the land withdrawn and reserved 
     by this section, except that the Secretary of the Navy shall 
     be required to obtain the concurrence of the Secretary of the 
     Interior before taking action under section 2917 of title 10, 
     United States Code.
       (D) Navy contracts.--On the expiration of the withdrawal 
     and reservation of land under this section or the 
     relinquishment of the land, any Navy contract for the 
     development of geothermal resources at Naval Air Weapons 
     Station, China Lake, in effect on the date of the expiration 
     or relinquishment shall remain in effect, except that the 
     Secretary of the Interior, with the consent of the Secretary 
     of the Navy, may offer to substitute a standard geothermal 
     lease for the contract.
       (E) Concurrence of secretary of the navy required.--Any 
     lease issued under section 2865(d) with respect to land 
     withdrawn and reserved by this section shall require the 
     concurrence of the Secretary of the Navy, if--
       (i) the Secretary of the Interior anticipates the surface 
     occupancy of the withdrawn land; or
       (ii) the Secretary of the Interior determines that the 
     proposed lease may interfere with geothermal resources on the 
     land.
       (4) Wild horses and burros.--
       (A) In general.--The Secretary of the Navy--
       (i) shall be responsible for the management of wild horses 
     and burros located on the land withdrawn and reserved by this 
     section; and
       (ii) may use helicopters and motorized vehicles for the 
     management of the wild horses and burros.
       (B) Requirements.--The activities authorized under 
     subparagraph (A) shall be conducted in accordance with laws 
     applicable to the management of wild horses and burros on 
     public land.
       (C) Agreement.--The Secretary of the Interior and the 
     Secretary of the Navy shall enter into an agreement for the 
     implementation of the management of wild horses and burros 
     under this paragraph.
       (5) Continuation of existing agreement.--The agreement 
     between the Secretary of the Interior and the Secretary of 
     the Navy entered into before the date of enactment of this 
     Act under section 805 of the California Military Lands 
     Withdrawal and Overflights Act of 1994 (Public Law 103-433; 
     108 Stat. 4503) shall continue in effect until the earlier 
     of--
       (A) the date on which the Secretary of the Interior and the 
     Secretary of the Navy enter into a new agreement; or
       (B) the date that is 1 year after the date of enactment of 
     this Act.
       (6) Cooperation in development of management plan.--
       (A) In general.--The Secretary of the Navy and the 
     Secretary of the Interior shall update and maintain 
     cooperative arrangements concerning land resources and land 
     uses on the land withdrawn and reserved by this section.
       (B) Requirements.--A cooperative arrangement entered into 
     under subparagraph (A) shall--
       (i) focus on and apply to sustainable management and 
     protection of the natural and cultural resources and 
     environmental values found on the withdrawn and reserved 
     land, consistent with the defense-related purposes for which 
     the land is withdrawn and reserved; and

[[Page S8257]]

       (ii) include a comprehensive land use management plan 
     that--

       (I) integrates and is consistent with any applicable law, 
     including--

       (aa) title I of the Sikes Act (16 U.S.C. 670a et seq.); and
       (bb) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and

       (II) shall be--

       (aa) annually reviewed by the Secretary of the Navy and the 
     Secretary of the Interior; and
       (bb) updated, as the Secretary of the Navy and the 
     Secretary of the Interior determine to be necessary--
       (AA) to respond to evolving management requirements; and
       (BB) to complement the updates of other applicable land use 
     and resource management and planning.
       (7) Implementing agreement.--
       (A) In general.--The Secretary of the Interior and the 
     Secretary of the Navy may enter into a written agreement to 
     implement the comprehensive land use management plan 
     developed under paragraph (6)(B)(ii).
       (B) Components.--An agreement entered into under 
     subparagraph (A)--
       (i) shall be for a duration that is equal to the period of 
     the withdrawal and reservation of land under this section; 
     and
       (ii) may be amended from time to time.
       (c) Termination of Prior Withdrawals.--
       (1) In general.--Subject to paragraph (2), the withdrawal 
     and reservation under section 803(a) of the California 
     Military Lands Withdrawal and Overflights Act of 1994 (Public 
     Law 103-433; 108 Stat. 4502) is terminated.
       (2) Limitation.--Notwithstanding the termination under 
     paragraph (1), all rules, regulations, orders, permits, and 
     other privileges issued or granted by the Secretary of the 
     Interior or the Secretary of the Navy with respect to the 
     land withdrawn and reserved under that section, unless 
     inconsistent with the provisions of this section, shall 
     remain in force until modified, suspended, overruled, or 
     otherwise changed by--
       (A) the Secretary of the Interior or the Secretary of the 
     Navy (as applicable);
       (B) a court of competent jurisdiction; or
       (C) operation of law.
       (d) Duration of Withdrawal and Reservation.--The withdrawal 
     and reservation made by this section terminate on March 31, 
     2039.

     SEC. 2882. LIMESTONE HILLS, MONTANA.

       (a) Withdrawal and Reservation of Public Land for Limestone 
     Hills Training Area, Montana.--
       (1) Withdrawal.--Subject to valid existing rights and 
     except as otherwise provided in this section, the public land 
     (including the interests in land) described in paragraph (3), 
     and all other areas within the boundaries of the land as 
     depicted on the map provided for by paragraph (4) that may 
     become subject to the operation of the public land laws, is 
     withdrawn from all forms of appropriation under the public 
     land laws (including the mining laws, the mineral leasing 
     laws, and the geothermal leasing laws).
       (2) Reservation; purpose.--Subject to the limitations and 
     restrictions contained in subsection (c), the public land 
     withdrawn by paragraph (1) is reserved for use by the 
     Secretary of the Army for the following purposes:
       (A) The conduct of training for active and reserve 
     components of the Armed Forces.
       (B) The construction, operation, and maintenance of 
     organizational support and maintenance facilities for 
     component units conducting training.
       (C) The conduct of training by the Montana Department of 
     Military Affairs, provided that the training does not 
     interfere with the purposes specified in subparagraphs (A) 
     and (B).
       (D) The conduct of training by State and local law 
     enforcement agencies, civil defense organizations, and public 
     education institutions, provided that the training does not 
     interfere with the purposes specified in subparagraphs (A) 
     and (B).
       (E) Other defense-related purposes consistent with the 
     purposes specified in subparagraphs (A) through (D).
       (3) Description of land.--The public land (including the 
     interests in land) referred to in paragraph (1) comprises 
     approximately 18,644 acres in Broadwater County, Montana, 
     generally depicted as ``Proposed Land Withdrawal'' on the map 
     entitled ``Limestone Hills Training Area Land Withdrawal'' 
     and dated April 10, 2013.
       (4) Indian tribes.--
       (A) In general.--Nothing in this subtitle alters any rights 
     reserved for an Indian tribe for tribal use of the public 
     land withdrawn by paragraph (1) by treaty or Federal law.
       (B) Consultation required.--The Secretary of the Army shall 
     consult with any Indian tribes in the vicinity of the public 
     land withdrawn by paragraph (1) before taking any action 
     within the public land affecting tribal rights or cultural 
     resources protected by treaty or Federal law.
       (b) Management of Withdrawn and Reserved Land.--During the 
     period of the withdrawal and reservation specified in 
     subsection (e), the Secretary of the Army shall manage the 
     public land withdrawn by paragraph (1) of subsection (a) for 
     the purposes specified in paragraph (2) of that subsection, 
     subject to the limitations and restrictions contained in 
     subsection (c).
       (c) Special Rules Governing Minerals Management.--
       (1) Indian creek mine.--
       (A) In general.--Of the land withdrawn by subsection 
     (a)(1), locatable mineral activities in the approved Indian 
     Creek Mine plan of operations, MTM-78300, shall be regulated 
     in accordance with subparts 3715 and 3809 of title 43, Code 
     of Federal Regulations.
       (B) Restrictions on secretary of the army.--
       (i) In general.--The Secretary of the Army shall make no 
     determination that the disposition of, or exploration for, 
     minerals as provided for in the approved plan of operations 
     described in subparagraph (A) is inconsistent with the 
     defense-related uses of the land withdrawn under this 
     section.
       (ii) Coordination.--The coordination of the disposition of 
     and exploration for minerals with defense-related uses of the 
     land shall be determined in accordance with procedures in an 
     agreement provided for under paragraph (3).
       (2) Removal of unexploded ordnance on land to be mined.--
       (A) Removal activities.--
       (i) In general.--Subject to the availability of funds 
     appropriated for such purpose, the Secretary of the Army 
     shall remove unexploded ordnance on land withdrawn by 
     subsection (a)(1) that is subject to mining under paragraph 
     (1), consistent with applicable Federal and State law.
       (ii) Phases.--The Secretary of the Army may provide for the 
     removal of unexploded ordnance in phases to accommodate the 
     development of the Indian Creek Mine under paragraph (1).
       (B) Report on removal activities.--
       (i) In general.--The Secretary of the Army shall annually 
     submit to the Secretary of the Interior a report regarding 
     any unexploded ordnance removal activities conducted during 
     the previous fiscal year in accordance with this paragraph.
       (ii) Inclusions.--The report under clause (i) shall 
     include--

       (I) a description of the amounts expended for unexploded 
     ordnance removal on the land withdrawn by subsection (a)(1) 
     during the period covered by the report; and
       (II) the identification of the land cleared of unexploded 
     ordnance and approved for mining activities by the Secretary 
     of the Interior under this paragraph.

       (3) Implementation agreement for mining activities.--
       (A) In general.--The Secretary of the Interior and the 
     Secretary of the Army shall enter into an agreement to 
     implement this subsection with respect to the coordination of 
     defense-related uses and mining and the ongoing removal of 
     unexploded ordnance.
       (B) Duration.--The duration of an agreement entered into 
     under subparagraph (A) shall be equal to the period of the 
     withdrawal under subsection (a)(1), but may be amended from 
     time to time.
       (C) Requirements.--The agreement shall provide the 
     following:
       (i) That Graymont Western US, Inc., or any successor or 
     assign of the approved Indian Creek Mine mining plan of 
     operations, MTM-78300, shall be invited to be a party to the 
     agreement.
       (ii) Provisions regarding the day-to-day joint-use of the 
     Limestone Hills Training Area.
       (iii) Provisions addressing periods during which military 
     and other authorized uses of the withdrawn land will occur.
       (iv) Provisions regarding when and where military use or 
     training with explosive material will occur.
       (v) Provisions regarding the scheduling of training 
     activities conducted within the withdrawn land that restrict 
     mining activities.
       (vi) Procedures for deconfliction with mining operations, 
     including parameters for notification and resolution of 
     anticipated changes to the schedule.
       (vii) Procedures for access through mining operations 
     covered by this section to training areas within the 
     boundaries of the Limestone Hills Training Area.
       (viii) Procedures for scheduling of the removal of 
     unexploded ordnance.
       (4) Existing memorandum of agreement.--Until the date on 
     which the agreement under paragraph (3) becomes effective, 
     the compatible joint use of the land withdrawn and reserved 
     by subsection (a)(1) shall be governed, to the extent 
     compatible, by the terms of the 2005 Memorandum of Agreement 
     among the Montana Army National Guard, Graymont Western US, 
     Inc., and the Bureau of Land Management.
       (d) Grazing.--
       (1) Issuance and administration of permits and leases.--The 
     Secretary of the Interior shall manage the issuance and 
     administration of grazing permits and leases, including the 
     renewal of permits and leases, on the public land withdrawn 
     by subsection (a)(1), consistent with all applicable laws 
     (including regulations) and policies of the Secretary of the 
     Interior relating to the permits and leases.
       (2) Safety requirements.--With respect to any grazing 
     permit or lease issued after the date of enactment of this 
     Act for land withdrawn by subsection (a)(1), the Secretary of 
     the Interior and the Secretary of the Army shall jointly 
     establish procedures that--
       (A) are consistent with Department of the Army explosive 
     and range safety standards; and
       (B) provide for the safe use of the withdrawn land.
       (3) Assignment.--The Secretary of the Interior may, with 
     the agreement of the Secretary of the Army, assign the 
     authority to issue and to administer grazing permits and 
     leases to the Secretary of the Army, except

[[Page S8258]]

     that the assignment may not include the authority to 
     discontinue grazing on the land withdrawn by subsection 
     (a)(1).
       (e) Duration of Withdrawal and Reservation.--The withdrawal 
     of public land by subsection (a)(1) shall terminate on March 
     31, 2039.

     SEC. 2883. CHOCOLATE MOUNTAIN, CALIFORNIA.

       (a) Withdrawal and Reservation.--
       (1) Withdrawal.--Subject to valid existing rights and 
     except as otherwise provided in this section, the public land 
     (including the interests in land) described in paragraph (2), 
     and all other areas within the boundary of the land depicted 
     on the map described in that paragraph that become subject to 
     the operation of the public land laws, is withdrawn from all 
     forms of appropriation under the public land laws (including 
     the mining laws, the mineral leasing laws, and the geothermal 
     leasing laws).
       (2) Description of land.--The public land (including the 
     interests in land) referred to in paragraph (1) is the 
     Federal land comprising approximately 228,324 acres in 
     Imperial and Riverside Counties, California, generally 
     depicted on the map entitled ``Chocolate Mountain Aerial 
     Gunnery Range--Administration's Land Withdrawal Legislative 
     Proposal Map'', dated October 30, 2013, and filed in 
     accordance with section 2862.
       (3) Reservation.--The land withdrawn by paragraph (1) is 
     reserved for use by the Secretary of the Navy for the 
     following purposes:
       (A) Testing and training for aerial bombing, missile 
     firing, tactical maneuvering, and air support.
       (B) Small unit ground forces training, including artillery 
     firing, demolition activities, and small arms field training.
       (C) Other defense-related purposes consistent with the 
     purposes that are--
       (i) described in subparagraphs (A) and (B); and
       (ii) authorized under section 2864.
       (b) Management of Withdrawn and Reserved Land.--
       (1) Management by the secretary of the interior.--Except as 
     provided in paragraph (2), during the period of the 
     withdrawal and reservation of land by this section, the 
     Secretary of the Interior shall manage the land withdrawn and 
     reserved by this section in accordance with--
       (A) this subtitle;
       (B) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (C) any other applicable law.
       (2) Assignment of management to the secretary of the 
     navy.--
       (A) In general.--The Secretary of the Interior may assign 
     the management responsibility, in whole or in part, for the 
     land withdrawn and reserved by this section to the Secretary 
     of the Navy.
       (B) Acceptance.--If the Secretary of the Navy accepts the 
     assignment of responsibility under subparagraph (A), the 
     Secretary of the Navy shall manage the land in accordance 
     with--
       (i) this subtitle;
       (ii) title I of the Sikes Act (16 U.S.C. 670a et seq.); and
       (iii) any other applicable law.
       (3) Implementing agreement.--The Secretary of the Interior 
     and the Secretary of the Navy may enter into a written 
     agreement--
       (A) that implements the assignment of management 
     responsibility under paragraph (2);
       (B) the duration of which shall be equal to the period of 
     the withdrawal and reservation of the land under this 
     section; and
       (C) that may be amended from time to time.
       (4) Access agreement.--The Secretary of the Interior and 
     the Secretary of the Navy may enter into a written agreement 
     to address access to and maintenance of Bureau of Reclamation 
     facilities located within the boundary of the Chocolate 
     Mountain Aerial Gunnery Range.
       (c) Access.--Notwithstanding section 2863, the land 
     withdrawn and reserved by this section (other than the land 
     comprising the Bradshaw Trail) shall be--
       (1) closed to the public and all uses (other than the uses 
     authorized by subsection (a)(3) or under section 2864); and
       (2) subject to any conditions and restrictions that the 
     Secretary of the Navy determines to be necessary to prevent 
     any interference with the uses authorized by subsection 
     (a)(3) or under section 2864.
       (d) Duration of Withdrawal and Reservation.--The withdrawal 
     and reservation made by this section terminates on March 31, 
     2039.

     SEC. 2884. TWENTYNINE PALMS, CALIFORNIA.

       (a) Withdrawal and Reservation.--
       (1) Withdrawal.--Subject to valid existing rights and 
     except as otherwise provided in this section, the public land 
     (including the interests in land) described in paragraph (2), 
     and all other areas within the boundary of the land depicted 
     on the map described in that paragraph that may become 
     subject to the operation of the public land laws, is 
     withdrawn from all forms of appropriation under the public 
     land laws, including the mining laws, the mineral leasing 
     laws, and the geothermal leasing laws.
       (2) Description of land.--The public land (including the 
     interests in land) referred to in paragraph (1) is the 
     Federal land comprising approximately 150,928 acres in San 
     Bernardino County, California, generally depicted on the map 
     entitled ``MCAGCC 29 Palms Expansion Map'', dated November 
     13, 2013 (3 sheets), and filed in accordance with section 
     2862, which are divided into the following 2 areas:
       (A) The Exclusive Military Use Area, divided into 4 areas, 
     consisting of--
       (i) 1 area to the west of the Marine Corps Air Ground 
     Combat Center, consisting of approximately 91,293 acres;
       (ii) 1 area south of the Marine Corps Air Ground Combat 
     Center, consisting of approximately 19,704 acres; and
       (iii) 2 other areas, each measuring approximately 300 
     meters square (approximately 22 acres), located inside the 
     boundaries of the Shared Use Area described in subparagraph 
     (B), totaling approximately 44 acres.
       (B) The Shared Use Area, consisting of approximately 40,931 
     acres.
       (3) Reservation for secretary of the navy.--The land 
     withdrawn by paragraph (2)(A) is reserved for use by the 
     Secretary of the Navy for the following purposes:
       (A) Sustained, combined arms, live-fire, and maneuver field 
     training for large-scale Marine air ground task forces.
       (B) Individual and unit live-fire training ranges.
       (C) Equipment and tactics development.
       (D) Other defense-related purposes that are--
       (i) consistent with the purposes described in subparagraphs 
     (A) through (C); and
       (ii) authorized under section 2864.
       (4) Reservation for secretary of the interior.--The land 
     withdrawn by paragraph (2)(B) is reserved--
       (A) for use by the Secretary of the Navy for the purposes 
     described in paragraph (3); and
       (B) for use by the Secretary of the Interior for the 
     following purposes:
       (i) Public recreation--

       (I) during any period in which the land is not being used 
     for military training; and
       (II) as determined to be suitable for public use.

       (ii) Natural resources conservation.
       (b) Management of Withdrawn and Reserved Land.--
       (1) Management by the secretary of the navy.--Except as 
     provided in paragraph (2), during the period of withdrawal 
     and reservation of land by this section, the Secretary of the 
     Navy shall manage the land withdrawn and reserved by this 
     section for the purposes described in subsection (a)(3), in 
     accordance with--
       (A) an integrated natural resources management plan 
     prepared and implemented under title I of the Sikes Act (16 
     U.S.C. 670a et seq.);
       (B) this subtitle;
       (C) a programmatic agreement between the Marine Corps and 
     the California State Historic Preservation Officer regarding 
     operation, maintenance, training, and construction at the 
     United States Marine Air Ground Task Force Training Command, 
     Marine Corps Air Ground Combat Center, Twentynine Palms, 
     California; and
       (D) any other applicable law.
       (2) Management by the secretary of the interior.--
       (A) In general.--Except as provided in subparagraph (B), 
     during the period of withdrawal and reservation of land by 
     this section, the Secretary of the Interior shall manage the 
     area described in subsection (a)(2)(B).
       (B) Exception.--Twice a year during the period of 
     withdrawal and reservation of land by this section, there 
     shall be a 30-day period during which the Secretary of the 
     Navy shall--
       (i) manage the area described in subsection (a)(2)(B); and
       (ii) exclusively use the area described in subsection 
     (a)(2)(B) for military training purposes.
       (C) Applicable law.--The Secretary of the Interior, during 
     the period of the management by the Secretary of the Interior 
     under subparagraph (A), shall manage the area described in 
     subsection (a)(2)(B) for the purposes described in subsection 
     (a)(4), in accordance with--
       (i) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (ii) any other applicable law.
       (D) Secretary of the navy.--
       (i) In general.--The Secretary of the Navy, during the 
     period of the management by the Secretary of the Navy under 
     subparagraph (A), shall manage the area described in 
     subsection (a)(2)(B) for the purposes described in subsection 
     (a)(3), in accordance with--

       (I) an integrated natural resources management plan 
     prepared and implemented in accordance with title I of the 
     Sikes Act (16 U.S.C. 670a et seq.);
       (II) this subtitle;
       (III) the programmatic agreement described in paragraph 
     (1)(C); and
       (IV) any other applicable law.

       (ii) Limitation.--The Department of the Navy shall not fire 
     dud-producing ordnance onto the land withdrawn by subsection 
     (a)(2)(B).
       (3) Public access.--
       (A) In general.--Notwithstanding section 2863, the area 
     described in subsection (a)(2)(A) shall be closed to all 
     public access unless otherwise authorized by the Secretary of 
     the Navy.
       (B) Public recreational use.--
       (i) In general.--The area described in subsection (a)(2)(B) 
     shall be open to public recreational use during the period in 
     which the area is under the management of the Secretary of 
     the Interior, if there is a determination by the Secretary of 
     the Navy that the area is suitable for public use.

[[Page S8259]]

       (ii) Determination.--A determination of suitability under 
     clause (i) shall not be withheld without a specified reason.
       (C) Resource management group.--
       (i) In general.--The Secretary of the Navy and the 
     Secretary of the Interior, by agreement, shall establish a 
     Resource Management Group comprised of representatives of the 
     Departments of the Interior and Navy.
       (ii) Duties.--The Resource Management Group established 
     under clause (i) shall--

       (I) develop and implement a public outreach plan to inform 
     the public of the land uses changes and safety restrictions 
     affecting the land; and
       (II) advise the Secretary of the Interior and the Secretary 
     of the Navy with respect to the issues associated with the 
     multiple uses of the area described in subsection (a)(2)(B).

       (iii) Meetings.--The Resource Management Group established 
     under clause (i) shall--

       (I) meet at least once a year; and
       (II) solicit input from relevant State agencies, private 
     off-highway vehicle interest groups, event managers, 
     environmental advocacy groups, and others relating to the 
     management and facilitation of recreational use within the 
     area described in subsection (a)(2)(B).

       (D) Military training.--
       (i) Not conditional.--Military training within the area 
     described in subsection (a)(2)(B) shall not be conditioned 
     on, or precluded by--

       (I) the lack of a recreation management plan or land use 
     management plan for the area described in subsection 
     (a)(2)(B) developed and implemented by the Secretary of the 
     Interior; or
       (II) any legal or administrative challenge to a recreation 
     management plan or land use plan developed under subclause 
     (I).

       (ii) Management.--The area described in subsection 
     (a)(2)(B) shall be managed in a manner that does not 
     compromise the ability of the Department of the Navy to 
     conduct military training in the area.
       (4) Implementation agreement.--
       (A) In general.--The Secretary of the Interior and the 
     Secretary of the Navy shall enter into a written agreement to 
     implement the management responsibilities of the respective 
     Secretaries with respect to the area described in subsection 
     (a)(2)(B).
       (B) Components.--The agreement entered into under 
     subparagraph (A)--
       (i) shall be of a duration that is equal to the period of 
     the withdrawal and reservation of land under this section;
       (ii) may be amended from time to time;
       (iii) may provide for the integration of the management 
     plans required of the Secretary of the Interior and the 
     Secretary of the Navy by this section;
       (iv) may provide for delegation to civilian law enforcement 
     personnel of the Department of the Navy of the authority of 
     the Secretary of the Interior to enforce the laws relating to 
     protection of natural and cultural resources and fish and 
     wildlife; and
       (v) may provide for the Secretary of the Interior and the 
     Secretary of the Navy to share resources so as to most 
     efficiently and effectively manage the area described in 
     subsection (a)(2)(B).
       (5) Johnson valley off-highway vehicle recreation area.--
       (A) Designation.--The following areas are designated as the 
     ``Johnson Valley Off-Highway Vehicle Recreation Area'':
       (i) Approximately 45,000 acres (as depicted on the map 
     referred to in subsection (a)(2)) of the existing Bureau of 
     Land Management-designated Johnson Valley Off-Highway Vehicle 
     Area that is not withdrawn and reserved for defense-related 
     uses by this section.
       (ii) The area described in subsection (a)(2)(B).
       (B) Authorized activities.--To the extent consistent with 
     applicable Federal law (including regulations) and this 
     section, any authorized recreation activities and use 
     designation in effect on the date of enactment of this Act 
     and applicable to the Johnson Valley Off-Highway Vehicle 
     Recreation Area may continue, including casual off-highway 
     vehicular use and recreation.
       (C) Administration.--The Secretary of the Interior shall 
     administer the Johnson Valley Off-Highway Vehicle Recreation 
     Area (other than the portion of the area described in 
     subsection (a)(2)(B) that is being managed in accordance with 
     the other provisions of this section), in accordance with--
       (i) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (ii) any other applicable law.
       (D) Transit.--In coordination with the Secretary of the 
     Interior, the Secretary of the Navy may authorize transit 
     through the Johnson Valley Off-Highway Vehicle Recreation 
     Area for defense-related purposes supporting military 
     training (including military range management and management 
     of exercise activities) conducted on the land withdrawn and 
     reserved by this section.
       (c) Duration of Withdrawal and Reservation.--The withdrawal 
     and reservation made by this section terminate on March 31, 
     2039.

     SEC. 2885. WHITE SANDS MISSILE RANGE AND FORT BLISS.

       (a) Withdrawal.--
       (1) In general.--Subject to valid existing rights and 
     paragraph (3), the Federal land described in paragraph (2) is 
     withdrawn from--
       (A) entry, appropriation, and disposal under the public 
     land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (2) Description of federal land.--The Federal land referred 
     to in paragraph (1) consists of--
       (A) the approximately 5,100 acres of land depicted as 
     ``Parcel 1'' on the map entitled ``White Sands Missile Range/
     Fort Bliss/BLM Land Transfer and Withdrawal'' and dated April 
     3, 2012 (referred to in this section as the ``map'');
       (B) the approximately 37,600 acres of land depicted as 
     ``Parcel 2'', ``Parcel 3'', and ``Parcel 4'' on the map; and
       (C) any land or interest in land that is acquired by the 
     United States within the boundaries of the parcels described 
     in subparagraph (B).
       (3) Limitation.--Notwithstanding paragraph (1), the land 
     depicted as ``Parcel 4'' on the map is not withdrawn for 
     purposes of the issuance of oil and gas pipeline rights-of-
     way.
       (b) Reservation.--The Federal land described in subsection 
     (a)(2)(A) is reserved for use by the Secretary of the Army 
     for military purposes in accordance with Public Land Order 
     833, dated May 27, 1952 (17 Fed. Reg. 4822).
       (c) Revocation of Withdrawal.--Effective on the date of 
     enactment of this Act--
       (1) Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 
     4822), is revoked with respect to the approximately 2,050 
     acres of land generally depicted as ``Parcel 2'' on the map; 
     and
       (2) the land described in paragraph (1) shall be managed by 
     the Secretary of the Interior as public land, in accordance 
     with--
       (A) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (B) any other applicable laws.
                                 ______
                                 
  SA 2283. Mrs. GILLIBRAND (for herself and Mr. Kirk) submitted an 
amendment intended to be proposed by her to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 237. UNITED STATES-ISRAEL MISSILE DEFENSE COOPERATION.

       (a) Findings.--Congress makes the following findings:
       (1) The State of Israel remains under the threat of 
     continuing attack from missiles, rockets, and mortars fired 
     at Israel by militants from terrorist organizations on its 
     southern border and by Hezbollah on its northern border, 
     which have killed and wounded many innocent Israeli 
     civilians. Israel also faces significant ballistic missile 
     threats from Iran and Syria.
       (2) The National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181) expressed the sense of Congress 
     that the United States should have an active program of 
     ballistic missile defense cooperation with Israel, and should 
     take steps to improve the coordination, interoperability, and 
     integration of United States and Israeli missile defense 
     capabilities, and to enhance the capability of both nations 
     to defend against ballistic missile threats present in the 
     Middle East region.
       (3) The United States-Israel Enhanced Security Cooperation 
     Act of 2012 (22 U.S.C. 8601 et seq.) states the policy of the 
     United States to support the inherent right of Israel to 
     self-defense and expresses the sense of Congress that the 
     United States Government should provide the Government of 
     Israel such support as may be necessary to increase 
     development and production of joint missile defense systems, 
     particularly such systems that defend against the urgent 
     threat posed to Israel and United States forces in the 
     region.
       (4) It is central to the national security interests of the 
     United States to support Israel's ability to defend itself 
     against missiles and rockets, including through joint 
     cooperation on the Arrow Weapon System (with Arrow-2 and 
     Arrow-3 interceptors) and the David's Sling Weapons System, 
     along with continued support for the Iron Dome short-range 
     rocket defense system.
       (5) The Arrow Weapon System, deployed with the Arrow-2 
     interceptor jointly developed by Israel and the United 
     States, has been operational since 2000 and defends Israel 
     against medium-range ballistic missiles.
       (6) The Arrow-3 interceptor, being jointly developed by the 
     United States and Israel, is designed to intercept ballistic 
     missiles with nuclear or chemical warheads at high altitude. 
     The Arrow-3 interceptor completed a successful fly-out test 
     in February 2013.
       (7) The David's Sling Weapon System, being jointly 
     developed by the United States and Israel, is designed to 
     intercept short-range ballistic missiles, medium-range and 
     long-range rockets, and cruise missiles. The David's Sling 
     Weapon System successfully intercepted an inert medium-range 
     rocket target in a November 2012 test.
       (8) The Israeli Defense Forces report that, during 
     Operation Pillar of Defense in November 2012, the Iron Dome 
     short-range rocket defense system achieved a success rate of 
     about 85 percent against rockets bound for

[[Page S8260]]

     Israeli population centers and infrastructure, thus averting 
     large-scale casualties in Israel and enhancing Israel's 
     operational flexibility during the conflict.
       (9) Continued missile defense cooperation between the 
     United States and Israel will further develop and enhance the 
     missile defense capability, and thus the security, of both 
     the United States and Israel.
       (b) Sense of Congress.--Congress--
       (1) reaffirms its commitment to the security of our 
     strategic partner Israel;
       (2) supports maintenance of an active program of ballistic 
     missile defense cooperation with Israel;
       (3) supports efforts to enhance the capability of both the 
     United States and Israel to defend against ballistic missile 
     threats present in the Middle East region; and
       (4) urges the Department of Defense to take all appropriate 
     steps as may be necessary to improve the coordination, 
     interoperability, and integration of United States and 
     Israeli missile defense capabilities.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the status of missile defense cooperation between the United 
     States and Israel.
       (2) Elements.--The report under this subsection shall 
     include the following:
       (A) A description of the current program of ballistic 
     missile defense cooperation between the United States and 
     Israel, including its objectives and results to date.
       (B) A description of the actions taken within the previous 
     year to improve the coordination, interoperability, and 
     integration of the missile defense capabilities of the United 
     States and Israel.
       (C) A description of the actions planned to be taken by the 
     Government of the United States and the Government Israel 
     over the next year to improve the coordination, 
     interoperability, and integration of their missile defense 
     capabilities.
       (D) A description of the joint efforts of the United States 
     and Israel to develop ballistic missile defense technologies 
     and capabilities.
       (E) A description of the joint missile defense exercises 
     and training that have been conducted by the United States 
     and Israel, and the lessons learned from those exercises.
       (F) A description of the cooperation by the United States 
     and Israel in sharing ballistic missile threat assessments.
       (G) Any other matters the Secretary considers appropriate.
                                 ______
                                 
  SA 2284. Mr. DONNELLY (for himself, Mr. Cruz, Mr. Leahy, Mr. Blunt, 
Mr. Begich, Mr. Pryor, Mr. Schatz, Mr. Bennet, Mr. Johanns, Mr. 
Menendez, Mr. Boozman, Ms. Heitkamp, Mr. Chambliss, and Mr. Moran) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. TIERED PREFERENCE ELIGIBILITY FOR MEMBERS OF 
                   RESERVE COMPONENTS OF THE ARMED FORCES.

       (a) Short Title.--This section may be cited as the 
     ``Military Reserve Jobs Act of 2013''.
       (b) Preference Eligibility for Members of Reserve 
     Components of the Armed Forces.--Section 2108 of title 5, 
     United States Code, is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (G)(iii), by striking ``and'' at the 
     end;
       (B) in subparagraph (H), by adding ``and'' at the end; and
       (C) by inserting after subparagraph (H) the following:
       ``(I) a qualified reservist;'';
       (2) in paragraph (4), by striking ``and'' at the end;
       (3) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (4) by adding at the end the following:
       ``(6) `qualified reservist' means an individual who is a 
     member of a reserve component of the Armed Forces on the date 
     of the applicable determination--
       ``(A) who--
       ``(i) has completed at least 4 years of service in a 
     reserve component of the Armed Forces; and
       ``(ii) in each year of service in a reserve component of 
     the Armed Forces, was credited with at least 50 points under 
     section 12732 of title 10; or
       ``(B) who--
       ``(i) has completed at least 10 years of service in a 
     reserve component of the Armed Forces; and
       ``(ii) in each year of service in a reserve component of 
     the Armed Forces, was credited with at least 50 points under 
     section 12732 of title 10; and
       ``(7) `reserve component of the Armed Forces' means a 
     reserve component specified in section 101(27) of title 
     38.''.
       (c) Tiered Hiring Preference for Members of Reserve 
     Components of the Armed Forces.--Section 3309 of title 5, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``and'' at the end; and
       (2) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(3) a preference eligible described in section 2108(6)(B) 
     - 4 points; and
       ``(4) a preference eligible described in section 2108(6)(A) 
     - 3 points.''.
                                 ______
                                 
  SA 2285. Mr. WARNER (for himself, Ms. Collins, Mr. Kaine, and Mr. 
Grassley) submitted an amendment intended to be proposed by him to the 
bill S. 1197, to authorize appropriations for fiscal year 2014 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 511 and insert the following:

     SEC. 511. EXPANSION AND ENHANCEMENT OF AUTHORITIES RELATING 
                   TO PROTECTED COMMUNICATIONS OF MEMBERS OF THE 
                   ARMED FORCES AND PROHIBITED RETALIATORY 
                   ACTIONS.

       (a) Expansion of Prohibited Retaliatory Personnel 
     Actions.--Subsection (b) of section 1034 of title 10, United 
     States Code, is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or being perceived as making or preparing'' after ``making 
     or preparing'';
       (B) in subparagraph (A), by striking ``or'' at the end;
       (C) in subparagraph (B)--
       (i) in clause (i), by inserting ``or a representative of a 
     Member of Congress'' after ``a Member of Congress'';
       (ii) in clause (iv), by striking ``or'' at the end;
       (iii) by redesignating clause (v) as clause (vi);
       (iv) by inserting after clause (v) the following new clause 
     (v):
       ``(v) a court, grand jury, or court-martial proceeding, or 
     an authorized official of the Department of Justice or 
     another law enforcement agency; or''; and
       (v) in clause (vi), as redesignated by clause (iii) of this 
     subparagraph, by striking the period at the end and inserting 
     ``; or''; and
       (D) by adding at the end the following new subparagraph:
       ``(C) testimony, or otherwise participating in or assisting 
     in an investigation or proceeding related to a communication 
     under subparagraph (A) or (B), or filing, causing to be 
     filed, participating in, or otherwise assisting in an action 
     brought under this section.''; and
       (2) in paragraph (2), by inserting after ``any favorable 
     action'' the following: ``, or a significant change in a 
     members duties or responsibilities not commensurate with the 
     member's grade''.
       (b) Inspector General Investigations of Allegations.--
     Subsection (c) of such section is amended--
       (1) in paragraph (1), by striking ``paragraph (3)'' and 
     inserting ``paragraph (4)'';
       (2) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively;
       (3) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) A communication described in paragraph (2) shall not 
     be excluded from the protections provided in this section 
     because--
       ``(A) the communication was made to a person who 
     participated in an activity that the member reasonably 
     believed to be covered by paragraph (2);
       ``(B) the communication revealed information that had 
     previously been disclosed;
       ``(C) of the member's motive for making the communication;
       ``(D) the communication was not made in writing;
       ``(E) the communication was made while the member was off 
     duty; and
       ``(F) the communication was made during the normal course 
     of duties of the member.'';
       (4) in paragraph (4), as so redesignated, by striking 
     ``subsection (h)'' each place it appears and inserting 
     ``subsection (j)'';
       (5) in paragraph (5), as so redesignated--
       (A) by striking ``paragraph (3)(A)'' and inserting 
     ``paragraph (4)(A)'';
       (B) by striking ``paragraph (3)(D)'' and inserting 
     ``paragraph (4)(D)''; and
       (C) by striking ``60 days'' and inserting ``one year''; and
       (6) in paragraph (6), as so redesignated, by striking 
     ``outside the immediate chain of command'' and all that 
     follows and inserting ``both of the following:
       ``(A) Outside the immediate chain of command of both the 
     member submitting the allegation and the individual or 
     individuals alleged to have taken the retaliatory action.
       ``(B) At least one organization higher in the chain of 
     command than the organization of the member submitting the 
     allegation and the individual or individuals alleged to have 
     taken the retaliatory action.''.
       (c) Inspector General Investigations of Underlying 
     Allegations.--Subsection (d) of such section is amended by 
     striking ``subparagraph (A) or (B) of subsection (c)(2)'' and 
     inserting ``subparagraph (A), (B), or (C) of subsection 
     (c)(2)''.
       (d) Reports on Investigations.--Subsection (e) of such 
     section is amended--
       (1) in paragraph (1)--

[[Page S8261]]

       (A) by striking ``subsection (c)(3)(E)'' both places it 
     appears and inserting ``subsection (c)(4)(E)'';
       (B) by inserting ``and the Secretary of the military 
     department concerned'' after ``the Secretary of Defense''; 
     and
       (C) by striking ``to the Secretary,'' and inserting ``to 
     such Secretaries,''; and
       (2) in paragraph (3), by inserting ``and the Secretary of 
     the military department concerned'' after ``the Secretary of 
     Defense''.
       (e) Action in Case of Violations.--Such section is further 
     amended--
       (1) by redesignating subsections (f), (g), (h), and (i) as 
     subsections (g), (h), (i), and (j), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Action in Case of Violations.--(1) Not later than 30 
     days after receiving a report from the Inspector General 
     under subsection (e), the Secretary of Homeland Security or 
     the Secretary of the military department concerned, as 
     applicable, shall determine whether there is sufficient basis 
     to conclude whether a personnel action prohibited by 
     subsection (b) has occurred, and, if so, shall order such 
     action as is necessary to correct the record of a personnel 
     action prohibited by subsection (b). Such Secretary shall 
     take any appropriate disciplinary action against the 
     individual who committed such prohibited personnel action.
       ``(2) If the Secretary of Homeland Security or the 
     Secretary of the military department concerned, as 
     applicable, determines that an order for corrective or 
     disciplinary action is not appropriate, not later than 30 
     days after making the determination, such Secretary shall--
       ``(A) provide to the Secretary of Defense and the member or 
     former member, a notice of the determination and the reasons 
     for not taking action; and
       ``(B) refer the report to the appropriate board for the 
     correction of military records for further review under 
     subsection (g).''.
       (f) Correction of Records.--Subsection (g) of such section, 
     as redesignated by subsection (e)(1) of this section, is 
     further amended--
       (1) in paragraph (1), by adding at the end the following 
     new sentence: ``In a case referred to the Board by the 
     Secretary of Homeland Security or the Secretary of a military 
     Department pursuant to subsection (f), the Board shall review 
     the matter.''; and
       (2) in paragraph (3), by striking ``board elects to hold'' 
     in the matter preceding subparagraph (A) and inserting 
     ``board holds''.
       (g) Review.--Subsection (h) of such section, as 
     redesignated by subsection (e)(1) of this section, is further 
     amended by striking ``subsection (f)'' and inserting 
     ``subsection (g)''.
                                 ______
                                 
  SA 2286. Mr. COONS (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. CREDIT FOR CERTAIN SUBCONTRACTORS.

       (a) In General.--Section 8(d) of the Small Business Act (15 
     U.S.C. 637(d)) is amended by adding at the end the following:
       ``(16) Credit for certain subcontractor.--
       ``(A) In general.--For purposes of determining whether a 
     prime contractor has attained the percentage goals specified 
     in paragraph (6)--
       ``(i) if the subcontracting goals pertain only to a single 
     contract with an executive agency, the prime contractor shall 
     receive credit for a small business concern performing as a 
     first tier subcontractor or a subcontractor at any tier under 
     the subcontracting plans required under paragraph (6)(D), in 
     an amount equal to the dollar value of work awarded to the 
     small business concern; and
       ``(ii) if the subcontracting goals pertain to more than 1 
     contract with 1 or more executive agencies, or to 1 contract 
     with more than 1 executive agency, the prime contractor shall 
     only receive credit for a small business concern that is a 
     first tier subcontractor, in an amount equal to the dollar 
     value of work awarded to the small business concern.
       ``(B) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to limit the responsibility of a prime 
     contractor to provide the maximum practicable opportunities 
     for participation by small business concerns as first tier 
     subcontractors.''
       (b) Definitions Pertaining to Subcontracting.--Section 3 of 
     the Small Business Act (15 U.S.C. 632) is amended by adding 
     at the end the following:
       ``(dd) Definitions Pertaining to Subcontracting.--In this 
     Act:
       ``(1) At any tier.--The term `at any tier' means any 
     subcontractor that is not a first tier subcontractor.
       ``(2) First tier subcontractor.--The term `first tier 
     subcontractor' means a subcontractor who has a subcontract 
     directly with the prime contractor.
       ``(3) Subcontract.--The term `subcontract' means a legally 
     binding agreement between a contractor that is already under 
     contract to another party to perform work, and a third party, 
     for the third party to perform a part, or all, of the work 
     that the contractor has undertaken.
       ``(4) Subcontractor.--The term `subcontractor' means any a 
     third party entering a subcontract.''.
       (c) Implementation and Effective Date.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration, the Secretary of Defense, and the 
     Administrator of General Services shall submit to the 
     Committee on Small Business and Entrepreneurship and the 
     Committee on Armed Services of the Senate and the Committee 
     on Small Business and the Committee on Armed Services of the 
     House of Representatives a plan to--
       (A) implement this section and the amendments made by this 
     section; and
       (B) ensure that the appropriate tracking mechanisms are in 
     place to enable transparency of subcontracting activities at 
     all tiers.
       (2) Completion.--Not later 180 days after the date on which 
     the plan described in paragraph (1) is submitted, the 
     Administrator of the Small Business Administration, the 
     Secretary of Defense, and the Administrator of General 
     Services shall complete the actions required by the plan.
       (3) Regulations.--Not later than 1 year after the date on 
     which the actions required under the plan described in 
     paragraph (1) are completed, the Administrator of the Small 
     Business Administration and the Federal Acquisition Council 
     shall promulgate any regulations necessary to implement this 
     section and the amendments made by this section.
       (4) Application.--Any regulations promulgated under 
     paragraph (3) shall not apply to any contract entered into 
     before the first day of the first full fiscal year after the 
     date on which the regulations are promulgated.
       (d) GAO Study on Subcontracting Reporting Systems.--Not 
     later than 1 year after the date of enactment of this Act, 
     the Comptroller General of the United States shall submit to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report studying the feasibility of using 
     Federal subcontracting reporting systems (including the 
     Federal subaward reporting system required by section 2 of 
     the Federal Funding Accountability and Transparency Act of 
     2006 (31 U.S.C. 6101 note) and any electronic subcontracting 
     reporting award system used by the Small Business 
     Administration) to attribute subcontractors to particular 
     contracts in the case of contractors that have subcontracting 
     plans under section 8(d) of the Small Business Act that 
     pertain to multiple contracts with executive agencies.
                                 ______
                                 
  SA 2287. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes ; which was ordered to lie on the table; as follows:

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

     SEC. 237. PROHIBITION ON INTEGRATION OF CHINESE MISSILE 
                   DEFENSE SYSTEMS INTO UNITED STATES MISSILE 
                   DEFENSE SYSTEMS.

       (a) Sense of Congress.--It is the sense of Congress that 
     missile defense systems of the People's Republic of China 
     should not be integrated into the missile defense systems of 
     the United States or the North Atlantic Treaty Organization.
       (b) Funding Prohibition.--None of the amounts authorized to 
     be appropriated by this Act or otherwise made available for 
     fiscal year 2014 for the Department of Defense may be 
     obligated or expended to integrate missile defense systems of 
     the People's Republic of China into United States missile 
     defense systems.
                                 ______
                                 
  SA 2288. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2815. LAND CONVEYANCE, CAMP WILLIAMS, UTAH.

       (a) Conveyance Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of the 
     Interior, acting through the Bureau of Land Management, shall 
     convey, without consideration, to the State of Utah all 
     right, title, and interest of the United States in and to 
     certain lands comprising approximately 420 acres, as 
     generally depicted on a map entitled ``Proposed Camp Williams 
     Land Transfer'' and dated June 14, 2011, which are located 
     within the boundaries of the public lands currently

[[Page S8262]]

     withdrawn for military use by the Utah National Guard and 
     known as Camp Williams, Utah, for the purpose of permitting 
     the Utah National Guard to use the conveyed land for National 
     Guard and national defense purposes.
       (b) Supersedence of Executive Order.--Executive Order No. 
     1922 of April 24, 1914, as amended by section 907 of the Camp 
     W.G. Williams Land Exchange Act of 1989 (title IX of Public 
     Law 101-628; 104 Stat. 4501), is hereby superseded, only 
     insofar as it affects the lands identified for conveyance to 
     the State of Utah under subsection (a).
       (c) Reversionary Interest.--The lands conveyed to the State 
     of Utah under subsection (a) shall revert to the United 
     States if the Secretary of Defense determines that the land, 
     or any portion thereof, is sold or attempted to be sold, or 
     that the land, or any portion thereof, is used for non-
     National Guard or non-national defense purposes.
       (d) Hazardous Materials.--With respect to any portion of 
     the land conveyed under subsection (a) that the Secretary of 
     Defense determines is subject to reversion under subsection 
     (c), if the Secretary of Defense also determines that the 
     portion of the conveyed land contains hazardous materials, 
     the State of Utah shall pay the United States an amount equal 
     to the fair market value of that portion of the land, and the 
     reversionary interest shall not apply to that portion of the 
     land.
                                 ______
                                 
  SA 2289. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. RELEASE OF REPORT ON ENERGY AND COST SAVINGS IN 
                   NONBUILDING APPLICATIONS.

       Not later than 15 days after the date of enactment of this 
     Act, the Secretary of Energy and the Secretary of Defense 
     shall jointly publish on a public website and otherwise make 
     available to the public the report on the results of the 
     study of energy and cost savings in nonbuilding applications 
     required under section 518(b) of the Energy Independence and 
     Security Act of 2007 (Public Law 110-140; 121 Stat. 1660).
                                 ______
                                 
  SA 2290. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2815. LONG-TERM ENERGY SAVINGS CONTRACTS.

       (a) Department of Defense.--Section 2913(d) of title 10, 
     United States Code, is amended--
       (1) in paragraph (1), by inserting ``for up to 25 years'' 
     after ``enter into agreements''; and
       (2) by adding at the end the following new paragraph:
       ``(5) An agreement entered into under this subsection shall 
     include requirements for measurement, verification, and 
     performance assurances or guarantees of energy savings.''.
       (b) Other Agencies.--Section 546(c) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8256(c)) is amended--
       (1) in paragraph (3), by inserting ``with agreements for up 
     to 25 years'' after ``conservation incentive programs''; and
       (2) by adding at the end the following new paragraph:
       ``(5) Any agreement entered into under paragraph (3) shall 
     include requirements for measurement, verification, and 
     performance assurances or guarantees of energy savings.''.
                                 ______
                                 
  SA 2291. Mr. MANCHIN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 573. NOTICE TO COMMANDING OFFICERS ON CHILD ABUSE 
                   COMMITTED BY MEMBERS OF THE ARMED FORCES.

       Section 1794 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g) Notice to Commanding Officers on Child Abuse 
     Committed by Members.--Notice on an incident of child abuse 
     committed by a member of the armed forces shall be submitted 
     to an officer in grade O-6 in the chain of command of the 
     member.''.
                                 ______
                                 
  SA 2292. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1054. PROHIBITION RELATING TO TOBACCO PRODUCTS.

       (a) Findings.--Congress makes the following findings:
       (1) Tobacco use by military personnel has two major 
     economic effects on the Department of Defense, the cost of 
     health care for military personnel (active-duty, retired, and 
     dependents), and the cost of lost productivity.
       (2) The Department of Defense spends over $1,600,000,000 a 
     year on tobacco-related medical care, increased 
     hospitalization, and lost days of work (according to 
     Department of Defense figures for 2008).
       (3) Over the next 10 years, the net present value of 
     preventable smoking-attributable health-care expenditures is 
     $19,685,000,000 for the entire population of veterans, an 
     average of $21,444 for each current veteran smoker.
       (4) The cost of treating individuals for tobacco-related 
     diseases in the TRICARE system is estimated to be over 
     $500,000,000 per year (or 4 percent of the total TRICARE 
     budget) for medical care and $346,000,000 in lost 
     productivity. These expenses are primarily for care of 
     individuals who had cardiovascular disease or respiratory 
     problems. Other tobacco related costs included treatment of 
     cancer, cerebrovascular diseases, and newborn health 
     complications.
       (5) In 2008, the Department of Veterans Affairs spent over 
     $5,000,000,000 to treat chronic obstructive pulmonary 
     disease. More than 80 percent of chronic obstructive 
     pulmonary disease is attributed to smoking.
       (6) The Department of Veterans Affairs spent an additional 
     1,300,000,000 in 2008 on arteriosclerosis, another smoking-
     related disease.
       (7) Tobacco use has been implicated in higher dropout rates 
     during and after basic training, poorer visual acuity, and a 
     higher rate of absenteeism in active-duty military personnel 
     in addition to a multitude of health problems.
       (8) Military retirees and their dependents incur greater 
     tobacco-related health costs than do active-duty members of 
     the military or their dependents.
       (9) Over 9,200 hospital-bed days for active-duty personnel 
     were attributed to tobacco-related diseases, or about 10 
     percent of the total Department of Defense hospital-bed days 
     and 1.5 percent of all active-duty hospital-bed days (Helyer 
     et al., 1998).
       (10) Tobacco-related medical costs amounted to $20,000,000 
     in a 1997 Centers for Disease Control and Prevention study of 
     smoking in active-duty Air Force personnel, or 6 percent of 
     total Air Force medical system expenditures (2000).
       (11) A 2007 study (Dall et al) calculated that moderate to 
     heavy smoking was associated with greater absenteeism in the 
     TRICARE Prime enrolled population, 356,000 full time 
     equivalent days were lost per year, and 30,000 full time 
     equivalent days were lost as a result of below-normal work 
     performance.
       (12) The Centers for Disease Control and Prevention has 
     determined the following mortality rates :
       (A) Cigarette smoking is associated with about one of every 
     five deaths in the United States each year.
       (B) Cigarette smoking is associated with more than 440,000 
     deaths annually (including deaths from secondhand smoke).
       (C) Life expectancy for smokers is at least 10 years 
     shorter than for nonsmokers.
       (b) Prohibition.--The Secretary of Defense shall promulgate 
     regulations to prohibit the sale of discounted tobacco 
     products in any commissary store or exchange store under the 
     commissary system and the exchange system operated under 
     chapter 147 of title 10, United States Code.
                                 ______
                                 
  SA 2293. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 502. DEMONSTRATION PROGRAM ON ACCESSION OF CANDIDATES 
                   WITH AUDITORY IMPAIRMENTS AS AIR FORCE 
                   OFFICERS.

       (a) Demonstration Program Required.--Beginning not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of the Air Force shall carry out a demonstration 
     program to assess the feasibility and advisability of 
     permitting individuals with auditory impairments (including

[[Page S8263]]

     deafness) to access as officers of the Air Force.
       (b) Candidates.--
       (1) Number of candidates.--The total number of individuals 
     with auditory impairments who may participate in the 
     demonstration program shall be not fewer than 15 individuals 
     or more than 20 individuals.
       (2) Mix and range of auditory impairments.--The individuals 
     who participate in the demonstration program shall include 
     individuals who are deaf and individuals who have a range of 
     other auditory impairments.
       (3) Qualification for accession.--Any individual who is 
     chosen to participate in the demonstration program shall meet 
     all essential qualifications for accession as an officer in 
     the Air Force, other than those related to having an auditory 
     impairment.
       (c) Selection of Participants.--
       (1) In general.--The Secretary of the Air Force shall--
       (A) publicize the demonstration program nationally, 
     including to individuals who have auditory impairments and 
     would be otherwise qualified for officer training;
       (B) create a process whereby interested individuals can 
     apply for the demonstration program; and
       (C) select the participants for the demonstration program, 
     from among the pool of applicants, based on the criteria in 
     subsection (b).
       (2) No prior service as air force officers.--Participants 
     selected for the demonstration program shall be individuals 
     who have not previously served as officers in the Air Force.
       (d) Basic Officer Training.--
       (1) In general.--The participants in the demonstration 
     program shall undergo, at the election of the Secretary of 
     the Air Force, the Basic Officer Training course or the 
     Commissioned Officer Training course at Maxwell Air Force 
     Base, Alabama.
       (2) Number of participants.--Once individuals begin 
     participating in the demonstration program, each Basic 
     Officer Training course or Commissioned Officer Training 
     course at Maxwell Air Force Base, Alabama, shall include not 
     fewer than 4, or more than 6, participants in the 
     demonstration program until all participants have completed 
     such training.
       (3) Auxiliary aids and services.--The Secretary of Defense 
     shall ensure that participants in the demonstration program 
     have the necessary auxiliary aids and services (as that term 
     is defined in section 4 of the Americans With Disabilities 
     Act of 1990 (42 U.S.C. 12103)) in order to fully participate 
     in the demonstration program.
       (e) Coordination.--
       (1) Special advisor.--The Secretary of the Air Force shall 
     designate a special advisor to the demonstration program to 
     act as a resource for participants in the demonstration 
     program, as well as a liaison between participants in the 
     demonstration program and those providing the officer 
     training.
       (2) Qualifications.--The special advisor shall be a member 
     of the Armed Forces on active duty--
       (A) who--
       (i) if a commissioned officer, shall be in grade O-3 or 
     higher; or
       (ii) if an enlisted member, shall be in grade E-5 or 
     higher; and
       (B) who is knowledgeable about issues involving, and 
     accommodations for, individuals with auditory impairments 
     (including deafness).
       (3) Responsibilities.--The special advisor shall be 
     responsible for facilitating the officer training for 
     participants in the demonstration program, intervening and 
     resolving issues and accommodations during the training, and 
     such other duties as the Secretary of the Air Force may 
     assign to facilitate the success of the demonstration program 
     and participants.
       (f) Report.--Not later than two years after the date of the 
     enactment of this Act, the Secretary of the Air Force shall 
     submit to the appropriate committees of Congress a report on 
     the demonstration program. The report shall include the 
     following:
       (1) A description of the demonstration program and the 
     participants in the demonstration program.
       (2) The outcome of the demonstration program, including--
       (A) the number of participants in the demonstration program 
     that successfully completed the Basic Officer Training course 
     or the Commissioned Officer Training course;
       (B) the number of participants in the demonstration program 
     that were recommended for continued military service;
       (C) the issues that were encountered during the program; 
     and
       (D) such recommendation for modifications to the 
     demonstration program as the Secretary considers appropriate 
     to increase further inclusion of individuals with auditory 
     disabilities serving as officers in the Air Force or other 
     Armed Forces.
       (3) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate in light of the 
     demonstration program.
       (g) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Health, Education, Labor, and Pensions, and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 2294. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS 
                   AWARDED TO SMALL BUSINESS CONCERNS.

       Section 15(h)(1) of the Small Business Act (15 U.S.C. 
     644(h)(1)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``describing'' and inserting ``including'';
       (2) in subparagraph (B), by striking ``and''; and
       (3) by striking subparagraph (C) and inserting the 
     following:
       ``(C) if the agency failed to achieve the goals established 
     for the agency under subsection (g)(2) for such fiscal year--
       ``(i) any justifications for the failure to achieve such 
     goals; and
       ``(ii) a remediation plan, which shall--

       ``(I) be based on an analysis of factors that led to the 
     failure to achieve such goals; and
       ``(II) include proposed new practices to better achieve 
     such goals;

       ``(D) methods of enforcement, including any penalties 
     imposed, with respect to prime contractors that did not meet 
     the subcontracting goals established for the agency under 
     subsection (g)(2) for such fiscal year;
       ``(E) methods to incentivize prime contractors to achieve 
     the subcontracting goals established for the agency under 
     subsection (g)(2); and
       ``(F) a certification by the agency regarding whether prime 
     contractors took all feasible steps to implement the 
     subcontracting plans required under section 8(d) for such 
     fiscal year.''.
                                 ______
                                 
  SA 2295. Mr. KIRK (for himself, Mr. McConnell, Mr. Cornyn, Mr. Rubio, 
Mr. Graham, Ms. Ayotte, and Mr. Moran) submitted an amendment intended 
to be proposed by him to the bill S. 1197, to authorize appropriations 
for fiscal year 2014 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title XII, add the following:

                       Subtitle D--Iran Sanctions

     SEC. 1241. FINDINGS; SENSE OF CONGRESS; STATEMENT OF POLICY.

       (a) Findings.--Congress makes the following findings:
       (1) The Government of Iran continues to expand the nuclear 
     and missile programs of Iran in violation of multiple United 
     Nations Security Council resolutions.
       (2) The Government of Iran has a decades-long track record 
     of cheating on and violating commitments regarding the 
     nuclear program of Iran and has used more than 10 years of 
     diplomatic negotiations to allow more time to expand its 
     nuclear weapons program.
       (3) Iran remains the number one exporter of terrorism in 
     the world and as recently as 2011 was plotting to assassinate 
     a foreign official in the United States.
       (4) Over the last 30 years, the Government of Iran and its 
     terrorist proxies have been responsible for the deaths of 
     citizens of the United States.
       (5) The Government of Iran and its terrorist proxies 
     continue to provide military and financial support to the 
     regime of Bashar al-Assad in Syria, aiding that regime in the 
     mass killing of the people of Syria.
       (6) The Government of Iran continues to sow instability in 
     the Middle East and threaten its neighbors, including allies 
     of the United States such as Israel.
       (7) The Government of Iran denies its people fundamental 
     freedoms, including freedom of the press, freedom of 
     assembly, freedom of religion, and freedom of conscience.
       (8) Sanctions imposed with respect to Iran by the United 
     States and the international community have assisted in 
     bringing Iran to the negotiating table, but other countries, 
     such as North Korea, have used diplomatic talks regarding 
     their nuclear programs to allow time for the development of 
     nuclear weapons.
       (9) President Hasan Rouhani of Iran has in the past bragged 
     about his success in buying time for Iran to make nuclear 
     advances.
       (10) Based on the stockpile of low enriched uranium held by 
     the Government of Iran and its plan to continue installing 
     advanced centrifuges, the Government of Iran could agree to 
     suspend all enrichment of uranium to greater than 3.5 percent 
     and still be in a position to produce weapons-grade uranium 
     without detection by the middle of 2014.
       (11) If the Government of Iran commences the operation of 
     its heavy water reactor in Arak, it could establish an 
     alternate pathway to a nuclear weapon, producing enough 
     plutonium each year for one or 2 nuclear weapons.

[[Page S8264]]

       (12) As of the date of the enactment of this Act, 19 
     countries access nuclear energy for peaceful purposes without 
     conducting any enrichment or reprocessing activities within 
     that country.
       (13) The Government of Iran could likewise access nuclear 
     energy for peaceful purposes without conducting any 
     enrichment or reprocessing activities within Iran.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Government of Iran must not be allowed to develop 
     nuclear weapons capabilities;
       (2) all instruments of power and influence of the United 
     States should remain on the table to prevent the Government 
     of Iran from developing nuclear weapons capabilities;
       (3) the Government of Iran does not have an absolute or 
     inherent right to enrichment and reprocessing capabilities 
     and technologies under the Treaty on the Non-Proliferation of 
     Nuclear Weapons, done at Washington, London, and Moscow July 
     1, 1968, and entered into force March 5, 1970 (commonly known 
     as the ``Nuclear Non-Proliferation Treaty'');
       (4) any interim agreement with Iran regarding its nuclear 
     program must require that Iran comply with all United Nations 
     Security Council resolutions concerning the nuclear program 
     of Iran, including by--
       (A) suspending enrichment at all facilities;
       (B) suspending construction of a heavy water nuclear 
     reactor in Arak; and
       (C) ceasing all work related to nuclear weaponization and 
     providing full transparency with respect to the cessation of 
     that work;
       (5) given the decades-long history of deception by the 
     Government of Iran with respect to the nuclear program of 
     Iran, and violations by that government of its obligations 
     under the Treaty on the Non-Proliferation of Nuclear Weapons, 
     any final agreement with Iran regarding its nuclear program 
     must--
       (A) prevent that government from possessing any enrichment 
     or reprocessing capabilities;
       (B) provide for the continuous monitoring of the nuclear 
     program of Iran under a strict verification regime, including 
     inspections at any time or place;
       (C) result in Iran surrendering its supply of enriched 
     material to the International Atomic Energy Agency;
       (D) prevent any operation of the reactor in Arak; and
       (E) require that Iran sign and abide by the Protocol 
     Additional to the Agreement Between Iran and the 
     International Atomic Energy Agency for the Application of 
     Safeguards in Connection with the Treaty on the Non-
     Proliferation of Nuclear Weapons, done at Vienna December 18, 
     2003 (commonly referred to as the ``Additional Protocol'');
       (6) a violation by Iran of any interim or final agreement 
     with respect to the nuclear program of Iran should result in 
     the immediate imposition of comprehensive economic sanctions, 
     including on all petroleum-related exports and additional 
     restrictions on financial and commercial activity by Iran; 
     and
       (7) if the Government of Israel is compelled to take 
     military action against Iran in self-defense, the Government 
     of the United States should provide diplomatic, military, and 
     economic support to the Government of Israel in its defense 
     of its territory, people, and existence.
       (c) Statement of Policy.--It is the policy of the United 
     States--
       (1) to prevent the proliferation of nuclear weapons and 
     material related to nuclear weapons because of the 
     significant negative impact of that proliferation, 
     particularly to countries that do not possess nuclear 
     weapons, including Iran, on the national security and 
     economic interests of the United States and other countries;
       (2) to ensure that the proliferation of nuclear weapons and 
     material related to nuclear weapons be strictly restricted;
       (3) to ensure that countries that do not possess nuclear 
     weapons, including Iran, do not obtain nuclear weapons;
       (4) to take such actions as may be necessary to implement 
     the policy described in paragraph (3);
       (5) to ensure that Iran ceases all domestic uranium 
     enrichment and reprocessing technology development, 
     installation, and operation;
       (6) to ensure that Iran ceases all plutonium-related 
     activities and dismantles all plutonium-related facilities; 
     and
       (7) that any negotiated agreement with the Government of 
     Iran regarding its nuclear program, whether interim or 
     otherwise, must--
       (A) include clear, measurable, and verifiable requirements 
     for the Government of Iran to substantially and effectively 
     terminate any activities that may be related to the 
     development of a nuclear weapons capability before any 
     existing sanctions or other measures with respect to Iran are 
     modified, whether temporarily or otherwise; and
       (B) because of the significant impact of such an agreement 
     on the national security and economic interests of the United 
     States, including the impact on commerce, trade, and 
     sanctions policy, be submitted to Congress and be subject to 
     a congressional resolution of disapproval.

     SEC. 1242. DEFINITIONS.

       In this subtitle:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given that term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (4) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning determined by the 
     Secretary of the Treasury pursuant to section 104(i) of the 
     Comprehensive Iran Sanctions, Accountability, and Divestment 
     Act of 2010 (22 U.S.C. 8513(i)).
       (5) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (6) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (7) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).
       (8) National balance sheet.--The term ``national balance 
     sheet of Iran'' refers to the ratio of the assets of the 
     Government of Iran to the liabilities of that Government.

     SEC. 1243. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
                   FINANCIAL INSTITUTIONS THAT PROVIDE THE 
                   GOVERNMENT OF IRAN ACCESS TO ASSETS OF THAT 
                   GOVERNMENT OR UNDERWRITING, INSURANCE, OR 
                   REINSURANCE SERVICES.

       (a) Prohibition on Providing Access to or Use of Certain 
     Assets.--Notwithstanding any other provision of law, the 
     President shall prohibit the opening, and prohibit or impose 
     strict conditions on the maintaining, in the United States of 
     a correspondent account or a payable-through account by a 
     foreign financial institution that the President determines 
     has knowingly, on or after the date of the enactment of this 
     Act, directly or indirectly provided to a person described in 
     subsection (c) access to, the use of, or the ability to make 
     a payment with, any asset, fund, or account owned or 
     controlled by, or owed to, that person or another person 
     described in subsection (c).
       (b) Prohibition on Providing Underwriting, Insurance, and 
     Reinsurance.--
       (1) In general.--Notwithstanding any other provision of 
     law, the President shall impose 5 or more of the sanctions 
     described in section 6(a) of the Iran Sanctions Act of 1996 
     (Public Law 104-172; 50 U.S.C. 1701 note) with respect to a 
     person if the President determines that the person knowingly, 
     on or after the date of the enactment of this Act, provides 
     underwriting services or insurance or reinsurance to a person 
     described in subsection (c).
       (2) Treatment of sanctions relating to importation of 
     goods.--The requirement to impose sanctions under paragraph 
     (1) shall not include the authority to impose sanctions 
     relating to the importation of goods under paragraph (8)(A) 
     or (12) of section 6(a) of the Iran Sanctions Act of 1996, 
     and any sanction relating to the importation of goods shall 
     not count for purposes of the requirement to impose sanctions 
     under paragraph (1).
       (3) Exception for underwriters and insurance providers 
     exercising due diligence.--The President may not impose 
     sanctions under paragraph (1) with respect to a person that 
     provides underwriting services or insurance or reinsurance if 
     the President determines that the person has exercised due 
     diligence in establishing and enforcing official policies, 
     procedures, and controls to ensure that the person does not 
     underwrite or enter into a contract to provide insurance or 
     reinsurance for a person described in subsection (c).
       (c) Person Described.--A person described in this 
     subsection is any of the following:
       (1) The state and the Government of Iran, or any political 
     subdivision, agency, or instrumentality of that Government, 
     including the Central Bank of Iran.
       (2) Any person owned or controlled, directly or indirectly, 
     by that Government.
       (3) Any person acting or purporting to act, directly or 
     indirectly, for or on behalf of that Government.
       (4) Any other person determined by the President to be 
     described in paragraph (1), (2), or (3).

     SEC. 1244. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, 
                   SUPPLY, OR TRANSFER OF CERTAIN GOODS AND 
                   SERVICES TO OR FROM IRAN.

       (a) In General.--Notwithstanding any other provision of 
     law, the President shall impose 5 or more of the sanctions 
     described in section 6(a) of the Iran Sanctions Act of 1996 
     (Public Law 104-172; 50 U.S.C. 1701 note) with respect to a 
     person if the President determines that the person knowingly, 
     on or after the date of the enactment of this Act, sells, 
     supplies, or transfers to Iran, directly or indirectly, a 
     good or service that is a type of good or service that is--

[[Page S8265]]

       (1) used by Iran as a medium for barter, swap, or any other 
     exchange or transaction; or
       (2) listed as an asset of the Government of Iran for the 
     purpose of the national balance sheet of Iran.
       (b) Treatment of Sanctions Relating to Importation of 
     Goods.--The requirement to impose sanctions under subsection 
     (a) shall not include the authority to impose sanctions 
     relating to the importation of goods under paragraph (8)(A) 
     or (12) of section 6(a) of the Iran Sanctions Act of 1996, 
     and any sanction relating to the importation of goods shall 
     not count for purposes of the requirement to impose sanctions 
     under subsection (a).

     SEC. 1245. HUMANITARIAN EXCEPTION.

       The President may not impose sanctions under this subtitle 
     with respect to any person for conducting or facilitating a 
     transaction for the sale of agricultural commodities, food, 
     medicine, or medical devices to Iran or for the provision of 
     humanitarian assistance to the people of Iran.

     SEC. 1246. SUSPENSION OF SANCTIONS.

       (a) In General.--The President may suspend the imposition 
     of sanctions under this subtitle if the President determines 
     and reports to the appropriate congressional committees that 
     Iran has--
       (1) suspended all enrichment, reprocessing, and heavy 
     water-related activities and facility construction;
       (2) suspended any activity related to ballistic missiles 
     capable of delivering nuclear weapons, including any launch 
     using ballistic missile technology;
       (3) ratified and begun to make substantial efforts toward 
     the full implementation of the Protocol Additional to the 
     Agreement Between Iran and the International Atomic Energy 
     Agency for the Application of Safeguards in Connection with 
     the Treaty on the Non-Proliferation of Nuclear Weapons, done 
     at Vienna December 18, 2003 (commonly referred to as the 
     ``Additional Protocol'');
       (4) fully cooperated with the International Atomic Energy 
     Agency on all outstanding issues, particularly those that 
     give rise to concerns about the possible military dimensions 
     of the Iranian nuclear program; and
       (5) fulfilled its obligations pursuant to United Nations 
     Security Council Resolution 1929 (2010).
       (b) Reinstatement of Sanctions.--If the President, during a 
     period in which the President has suspended sanctions under 
     subsection (a), receives information from any entity, 
     including the International Atomic Energy Agency, the 
     Secretary of Defense, the Secretary of State, the Secretary 
     of Energy, or the Director of National Intelligence, that 
     Iran has, since the suspension of sanctions took effect, 
     engaged in any enrichment, reprocessing, heavy water, or 
     ballistic missile-related activity or construction, or has 
     refused to cooperate in any way with the requests of the 
     International Atomic Energy Agency, the President shall--
       (1) not later than 10 days after receiving the information, 
     determine whether the information is credible and accurate;
       (2) notify the appropriate congressional committees of that 
     determination; and
       (3) if the President determines that the information is 
     credible and accurate, not later than 5 days after that 
     determination, reinstate the sanctions suspended under 
     subsection (a).
                                 ______
                                 
  SA 2296. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 585. MEDALS FOR MEMBERS OF THE ARMED FORCES AND CIVILIAN 
                   EMPLOYEES OF THE DEPARTMENT OF DEFENSE WHO WERE 
                   KILLED OR WOUNDED IN THE NOVEMBER 5, 2009, 
                   ATTACK AT FORT HOOD, TEXAS.

       (a) Purple Heart.--
       (1) Award.--
       (A) In general.--Chapter 57 of title 10, United States 
     Code, is amended by inserting after section 1129 the 
     following new section:

     ``Sec. 1129a. Purple Heart: members killed or wounded in 
       attacks of homegrown violent extremists motivated or 
       inspired by foreign terrorist organizations

       ``(a) In General.--For purposes of the award of the Purple 
     Heart, the Secretary concerned shall treat a member of the 
     armed forces described in subsection (b) in the same manner 
     as a member who is killed or wounded in action as a result of 
     an act of an enemy of the United States.
       ``(b) Covered Members.--A member described in this 
     subsection is a member who was killed or wounded in an attack 
     perpetrated by a homegrown violent extremist who was inspired 
     or motivated to engage in violent action by a foreign 
     terrorist organization, unless the death or wound is the 
     result of willful misconduct of the member.
       ``(c) Definitions.--In this section:
       ``(1) The term `foreign terrorist organization' means an 
     entity designated as a foreign terrorist organization by the 
     Secretary of State pursuant to section 219 of the Immigration 
     and Nationality Act (8 U.S.C. 1189).
       ``(2) The term `homegrown violent extremist' shall have the 
     meaning given that term by the Secretary of Defense in 
     regulations prescribed for purposes of this section.''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 57 of such title is amended by inserting 
     after the item relating to section 1129 the following new 
     item:

``1129a. Purple Heart: members killed or wounded in attacks of 
              homegrown violent extremists motivated or inspired by 
              foreign terrorist organizations.''.
       (2) Retroactive effective date and application.--
       (A) Effective date.--The amendments made by paragraph (1) 
     shall take effect as of September 11, 2001.
       (B) Review of certain previous incidents.--The Secretaries 
     concerned shall undertake a review of each death or wounding 
     of a member of the Armed Forces that occurred between 
     September 11, 2001, and the date of the enactment of this Act 
     under circumstances that could qualify as being the result of 
     the attack of a homegrown violent extremist as described in 
     section 1129a of title 10, United States Code (as added by 
     paragraph (1)), to determine whether the death or wounding 
     qualifies as a death or wounding resulting from a homegrown 
     violent extremist attack motivated or inspired by a foreign 
     terrorist organization for purposes of the award of the 
     Purple Heart pursuant to such section (as so added).
       (C) Actions following review.--If the death or wounding of 
     a member of the Armed Forces reviewed under subparagraph (B) 
     is determined to qualify as a death or wounding resulting 
     from a homegrown violent extremist attack motivated or 
     inspired by a foreign terrorist organization as described in 
     section 1129a of title 10, United States Code (as so added), 
     the Secretary concerned shall take appropriate action under 
     such section to award the Purple Heart to the member.
       (D) Secretary concerned defined.--In this paragraph, the 
     term ``Secretary concerned'' has the meaning given that term 
     in section 101(a)(9) of title 10, United States Code.
       (b) Secretary of Defense Medal for the Defense of 
     Freedom.--
       (1) Review of the november 5, 2009 attack at fort hood, 
     texas.--If the Secretary concerned determines, after a review 
     under subsection (a)(2)(B) regarding the attack that occurred 
     at Fort Hood, Texas, on November 5, 2009, that the death or 
     wounding of any member of the Armed Forces in that attack 
     qualified as a death or wounding resulting from a homegrown 
     violent extremist attack motivated or inspired by a foreign 
     terrorist organization as described in section 1129a of title 
     10, United States Code (as added by subsection (a)), the 
     Secretary of Defense shall make a determination as to whether 
     the death or wounding of any civilian employee of the 
     Department of Defense or civilian contractor in the same 
     attack meets the eligibility criteria for the award of the 
     Secretary of Defense Medal for the Defense of Freedom.
       (2) Award.--If the Secretary of Defense determines under 
     paragraph (1) that the death or wounding of any civilian 
     employee of the Department of Defense or civilian contractor 
     in the attack that occurred at Fort Hood, Texas, on November 
     5, 2009, meets the eligibility criteria for the award of the 
     Secretary of Defense Medal for the Defense of Freedom, the 
     Secretary shall take appropriate action to award the 
     Secretary of Defense Medal for the Defense of Freedom to the 
     employee or contractor.
                                 ______
                                 
  SA 2297. Mr. CHAMBLISS (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 529. SENSE OF SENATE ON FUNDING FOR THE UNITED STATES 
                   NAVAL SEA CADET CORPS.

       (a) Findings.--The Senate makes the following findings:
       (1) The United States Naval Sea Cadet Corps, chartered by 
     Congress in 1962, focuses on the development of youth ages 11 
     through 17, and has trained more than 150,000 young Americans 
     since its creation.
       (2) The United States Naval Sea Cadet Corps directly 
     enhances the primary recruiting goal of the Navy of ensuring 
     awareness of the Navy and its mission.
       (3) The Navy has not increased funding for the United 
     States Naval Sea Cadet Corps since fiscal year 2006.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of the Navy should fully fund the United States 
     Naval Sea Cadet Corps during fiscal year 2014.
                                 ______
                                 
  SA 2298. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction,

[[Page S8266]]

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

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

     SEC. 1082. INPATIENT HEALTH CARE FACILITY AT DEPARTMENT OF 
                   VETERANS AFFAIRS MEDICAL FACILITY IN HARLINGEN, 
                   TEXAS.

       (a) Findings.--Congress makes the following findings:
       (1) The current and future health care needs of veterans 
     residing in Far South Texas are not being fully met by the 
     Department of Veterans Affairs.
       (2) According to recent census data, more than 108,000 
     veterans reside in Far South Texas.
       (3) Travel times for veterans from the Valley Coastal Bend 
     area from their homes to the nearest Department of Veterans 
     Affairs hospital for acute inpatient health care can exceed 
     six hours.
       (4) Even with the significant travel times, veterans from 
     Far South Texas demonstrate a high demand for health care 
     services from the Department of Veterans Affairs.
       (5) Ongoing overseas deployments of members of the Armed 
     Forces from Texas, including members of the Armed Forces on 
     active duty, members of the Texas National Guard, and members 
     of the other reserve components of the Armed Forces, will 
     continue to increase demand for medical services provided by 
     the Department of Veterans Affairs.
       (6) The Department of Veterans Affairs employs an annual 
     Strategic Capital Investment Planning process to ``enable the 
     VA to continually adapt to changes in demographics, medical 
     and information technology, and health care delivery'', which 
     results in the development of a multi-year investment plan 
     that determines where gaps in services exist or are projected 
     and develops an appropriate solution to meet those gaps.
       (7) According to the Department of Veterans Affairs, final 
     approval of the Strategic Capital Investment Planning 
     priority list serves as the ``building block'' of the annual 
     budget request for the Department.
       (8) Arturo ``Treto'' Garza, a veteran who served in the 
     Marine Corps, rose to the rank of Sergeant, and served two 
     tours in the Vietnam War, passed away on October 3, 2012.
       (9) Treto Garza, who was also a former co-chairman of the 
     Veterans Alliance of the Rio Grande Valley, tirelessly fought 
     to improve health care services for veterans in the Rio 
     Grande Valley, with his efforts successfully leading to the 
     creation of the South Texas VA Health Care Center at 
     Harlingen, located in Harlingen, Texas.
       (b) Redesignation of South Texas Department of Veterans 
     Affairs Health Care Center.--
       (1) In general.--The South Texas Department of Veterans 
     Affairs Health Care Center at Harlingen, located in 
     Harlingen, Texas, is redesignated as the ``Treto Garza South 
     Texas Department of Veterans Affairs Health Care Center''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     medical facility of the Department of Veterans Affairs 
     referred to in paragraph (1) shall be deemed to be a 
     reference to the ``Treto Garza South Texas Department of 
     Veterans Affairs Health Care Center''.
       (c) Requirement of Full-Service Inpatient Facility.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     ensure that the Treto Garza South Texas Department of 
     Veterans Affairs Health Care Center includes a full-service 
     inpatient health care facility of the Department and shall 
     modify the existing facility as necessary to meet that 
     requirement.
       (2) Plan to expand facility capabilities.--The Secretary 
     shall include in the annual Strategic Capital Investment Plan 
     of the Department a project to expand the capabilities of the 
     Treto Garza South Texas Department of Veterans Affairs Health 
     Care Center by adding the following:
       (A) Inpatient capability for 50 beds with appropriate 
     administrative, clinical, diagnostic, and ancillary services 
     needed for support.
       (B) An urgent care center.
       (C) The capability to provide a full range of services to 
     meet the needs of women veterans.
       (d) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report detailing a plan to implement the 
     requirements in subsection (c), including an estimate of the 
     cost of required actions and the time necessary for the 
     completion of those actions.
       (e) Far South Texas Defined.--In this section, the term 
     ``Far South Texas'' means the following counties in Texas: 
     Aransas, Bee, Brooks, Calhoun, Cameron, DeWitt, Dimmit, 
     Duval, Goliad, Hidalgo, Jackson, Jim Hogg, Jim Wells, Kenedy, 
     Kleberg, Nueces, Refugio, San Patricio, Starr, Victoria, 
     Webb, Willacy, Zapata.
                                 ______
                                 
  SA 2299. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1237. REPORT ON MILITARY AND SECURITY DEVELOPMENTS 
                   INVOLVING THE RUSSIAN FEDERATION.

       (a) Report.--Not later than June 1, 2014, the Secretary of 
     Defense shall submit to the specified congressional 
     committees a report, in both classified and unclassified 
     form, on the current and future military strategy of the 
     Russian Federation (in this section referred to as 
     ``Russia''). The report shall address the development of 
     Russian security strategy and military strategy.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An assessment of the security situation in the 
     independent states of the former Soviet Union.
       (2) The goals and factors shaping Russian security strategy 
     and military strategy.
       (3) An assessment of Russia's security objectives, 
     including objectives that would affect the North Atlantic 
     Treaty Organization, Iran, Syria, the broader Middle East 
     region, and the People's Republic of China.
       (4) Developments in Russian military doctrine and training 
     and trends in military spending and investments.
       (5) An assessment of the United States military-to-military 
     relationship with the Russian Federation armed forces, 
     including the following elements:
       (A) A comprehensive and coordinated strategy for military-
     to-military activities and updates to the strategy.
       (B) A summary of all such military-to-military activities 
     during the one-year period preceding the report, including 
     objectives of the activities and perceived benefits to Russia 
     of those activities.
       (C) A description of military-to-military activities 
     planned for the following 12-month period.
       (D) The Secretary's assessment of the benefits the 
     Department of Defense expects to gain from such military-to-
     military activities, and any risks associated with such 
     activities.
       (E) The Secretary's assessment of how such military-to-
     military activities fit into the larger security relationship 
     between the United States and the Russian Federation.
       (6) A description of Russian military-to-military 
     relationships with the independent states of the former 
     Soviet Union, Iran, and Syria, including the size of 
     associated military attache offices.
       (7) Other military and security developments involving 
     Russia that the Secretary of Defense considers relevant to 
     United States national security.
       (c) Specified Congressional Committees Defined.--In this 
     section, the term ``specified congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 2300. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1534. COMPREHENSIVE LONG-TERM PLAN FOR AFGHAN NATIONAL 
                   SECURITY FORCES AVIATION CAPABILITIES.

       (a) Long-term Plan Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the congressional defense committees 
     report setting forth a comprehensive long-term plan for 
     training, equipping, advising, and sustaining the aviation 
     capabilities of the Afghan National Security Forces (ANSF) 
     through 2024 (when the 2012 United States-Afghan Strategic 
     Partnership Agreement expires).
       (b) Scope and Coverage.--
       (1) In general.--The plan required by subsection (a) shall 
     cover the plans of the Department of Defense to ensure that 
     the Afghan National Security Forces are able to independently 
     maintain and sustain a professional and safe military 
     aviation program.
       (2) Covered components.--The plan shall cover the Special 
     Mission Wing (SMW) and the Afghan Air Force (AAF), the two 
     main components of the aviation assistance effort of the 
     United States and its coalition allies in Afghanistan.
       (c) Elements.--The plan shall include the following:
       (1) Elements regarding the aviation capabilities of the 
     Afghan National Security Forces, including--
       (A) the manner in which the Department of Defense will 
     maintain and evaluate safety, airworthiness, and pilot 
     proficiency standards of the Afghan National Security Forces;

[[Page S8267]]

       (B) means by which the Department will train the Afghan 
     National Security Forces to minimum aviation proficiency 
     levels; and
       (C) means by which the Department will assist the Afghan 
     National Security Forces in recruiting the requisite number 
     of pilots, other crewmembers, and aircraft maintenance 
     personnel.
       (2) Elements regarding training of Afghanistan National 
     Security Forces aviation personnel.
       (3) Elements regarding the aviation equipment of the Afghan 
     National Security Forces, including--
       (A) the type and number of aircraft required to equip each 
     Afghan National Security Forces aviation unit;
       (B) the additional aircraft to be procured by the Afghan 
     National Security Forces to meet such requirements; and
       (C) for each aircraft platform required to equip Afghan 
     National Security Forces aviation units, the date on which 
     the Afghan National Security Forces are expected to be 
     capable of maintaining and operating such platform without 
     support from the United States Armed Forces or contractors.
       (4) Elements regarding the cost of training, equipping, 
     advising, and sustaining the aviation capabilities of the 
     Afghan National Security Forces, including--
       (A) the amount required on an annual basis for operations 
     and sustainment costs for the aviation capabilities;
       (B) means by which such costs will be borne by the United 
     States or its coalition allies in Afghanistan; and
       (C) means by which some or all such costs will be borne by 
     Afghanistan commencing in 2014.
       (5) Elements regarding vetting and end-user monitoring 
     systems for both Afghanistan and the United States with 
     respect to any aircraft and training provided the Afghan 
     National Security Forces by the United States.
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) SIGAR Review.--Not later than 180 days after the date 
     of the submittal of the report required by subsection (a), 
     the Special Inspector General for Afghanistan Reconstruction 
     shall submit to the congressional defense committee a report 
     on the plan covered by such report. The report under this 
     subsection shall include the following:
       (1) A review and assessment of the plan by the Special 
     Inspector General.
       (2) Such recommendations for additional actions on 
     training, equipping, advising, and sustaining the aviation 
     capabilities of the Afghan National Security Forces as the 
     Special Inspector General considers appropriate.
                                 ______
                                 
  SA 2301. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 713. PILOT PROGRAM ON INVESTIGATIONAL TREATMENT OF 
                   MEMBERS OF THE ARMED FORCES FOR TRAUMATIC BRAIN 
                   INJURY AND POST-TRAUMATIC STRESS DISORDER.

       (a) Pilot Program Authorized.--The Secretary of Defense may 
     carry out a 3-year pilot program under which the Secretary 
     shall establish a process for randomized placebo-controlled 
     clinical trials of investigational treatments (including 
     diagnostic testing) of Traumatic Brain Injury (TBI) or Post-
     Traumatic Stress Disorder (PTSD) received by members of the 
     Armed Forces in health care facilities other than military 
     treatment facilities.
       (b) Conditions for Approval.--The approval by the Secretary 
     for payment for a treatment pursuant to subsection (a) shall 
     be subject to the following conditions:
       (1) Any drug or device used in the treatment must be 
     approved or cleared by the Food and Drug Administration for 
     any purpose and its use must comply with rules of the Food 
     and Drug Administration applicable to investigational new 
     drugs or investigational devices.
       (2) The treatment must be approved by the Secretary 
     following approval by an institutional review board operating 
     in accordance with regulations issued by the Secretary of 
     Health and Human Services.
       (3) The patient receiving the treatment may not be a 
     retired member of the Armed Forces who is entitled to 
     benefits under part A, or eligible to enroll under part B, of 
     title XVIII of the Social Security Act.
       (c) Additional Restrictions Authorized.--The Secretary may 
     establish additional restrictions or conditions for 
     reimbursement as the Secretary determines appropriate to 
     ensure the protection of human research subjects, appropriate 
     fiscal management, and the validity of the research results.
       (d) Data Collection and Availability.--The Secretary shall 
     develop and maintain a database containing data from each 
     patient case involving the use of a treatment under this 
     section. The Secretary shall ensure that the database 
     preserves confidentiality and that any use of the database or 
     disclosures of such data are limited to such use and 
     disclosures permitted by law and applicable regulations.
       (e) Report to Congress.--Not later than 30 days after the 
     last day of each fiscal year during which the Secretary is 
     authorized to make payments under this section, the Secretary 
     shall submit to Congress an annual report on the 
     implementation of this section and any available results on 
     investigational treatment studies authorized under this 
     section.
                                 ______
                                 
  SA 2302. Mr. CORNYN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 673. SURVEY OF PREFERENCES OF MEMBERS OF THE ARMED 
                   FORCES REGARDING MILITARY PAY AND BENEFITS.

       (a) Survey Required.--The Secretary of Defense shall carry 
     out an anonymous survey of random members of the Armed Forces 
     regarding their preferences in military pay and benefits.
       (b) Elements.--The survey under this section shall be 
     conducted for the purpose of soliciting information on the 
     following:
       (1) The value that members of the Armed Forces place on the 
     following forms of compensation relative to one another:
       (A) Basic pay.
       (B) Allowances for housing and subsistence.
       (C) Bonuses and special pays.
       (D) Dependent healthcare benefits.
       (E) Healthcare benefits for retirees under 65 years old.
       (F) Healthcare benefits for Medicare-eligible retirees.
       (G) Retirement pay.
       (2) How the members value different levels of pay or 
     benefits, including the impact of co-payments or deductibles 
     on the value of benefits.
       (3) Any other matters related to military pay and benefits 
     that the Secretary considers appropriate.
       (4) How information collected pursuant to paragraph (1), 
     (2), or (3) varies by age, grade, dependent status, and other 
     factors the Secretary considers appropriate.
       (c) Submittal of Results.--
       (1) In general.--Upon the completion of the survey required 
     by this section, the Secretary shall submit a report on the 
     analysis and raw data of the survey to each of the following:
       (A) The Military Compensation and Retirement Modernization 
     Commission under subtitle H of title VI of the National 
     Defense Authorization Act for Fiscal Year 2013 (Public Law 
     112-239).
       (B) Congress.
       (2) Availability to public.--At the same time the Secretary 
     submits the report required by paragraph (1), the Secretary 
     shall make the report available to the public.
       (d) Use of Results by Commission.--Section 671(b)(1) of the 
     National Defense Authorization Act for Fiscal Year 2013 (126 
     Stat. 1787) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) examining the report and corresponding analysis and 
     raw data collected pursuant to the survey of preference of 
     members of the Armed Forces regarding military pay and 
     benefits required by section 673(a) of the National Defense 
     Authorization Act for Fiscal Year 2014; and''.
                                 ______
                                 
  SA 2303. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 411, beginning on line 6, strike ``may be used to 
     enter'' and all that follows through line 9 and insert ``may 
     be used--
       (1) to enter into a contract or subcontract, memorandum of 
     understanding, or cooperative agreement with, to make a grant 
     to, or to provide a loan or loan guarantee to 
     Rosoboronexport; or
       (2) to modify any existing contract or subcontract with 
     Rosoboronexport.
       On page 411, beginning on line 12, strike ``determines that 
     such waiver is in the national security interests of the 
     United States'' and insert ``, in consultation with the 
     Secretary of State and the Director of National Intelligence, 
     certifies in writing to the congressional defense committees 
     that, to the best of the Secretary's knowledge, 
     Rosoboronexport has ceased the transfer of

[[Page S8268]]

     lethal military equipment to, and the maintenance of existing 
     lethal military equipment for, the Government of the Syrian 
     Arab Republic''.
       On page 412, between lines 7 and 8, insert the following:

     SEC. 1233A. MODIFICATION OF FISCAL YEAR 2013 PROHIBITION ON 
                   USE OF FUNDS TO ENTER INTO CONTRACTS OR 
                   AGREEMENTS WITH ROSOBORONEXPORT.

       (a) Scope of Prohibition.--Subsection (a) of section 1277 
     of the National Defense Authorization Act for Fiscal Year 
     2013 (Public Law 112-239; 126 Stat. 2030) is amended by 
     striking ``may be used'' and all that follows and inserting 
     ``may be used--
       ``(1) to enter into a contract or subcontract, memorandum 
     of understanding, or cooperative agreement with, to make a 
     grant to, or to provide a loan or loan guarantee to 
     Rosoboronexport; or
       ``(2) to modify any existing contract or subcontract with 
     Rosoboronexport.''.
       (b) National Security Waiver Authority.--Subsection (b) of 
     that section is amended by striking ``determines that such 
     waiver is in the national security interests of the United 
     States.'' and inserting ``, in consultation with the 
     Secretary of State and the Director of National Intelligence, 
     certifies in writing to the congressional defense committees 
     that, to the best of the Secretary's knowledge, 
     Rosoboronexport has ceased the transfer of lethal military 
     equipment to, and the maintenance of existing lethal military 
     equipment for, the Government of the Syrian Arab Republic.''.

     SEC. 1233B. PROHIBITION ON USE OF FISCAL YEAR 2012 FUNDS TO 
                   ENTER INTO CONTRACTS OR AGREEMENTS WITH 
                   ROSOBORONEXPORT.

       (a) Prohibition.--None of the funds authorized to be 
     appropriated for the Department of Defense for fiscal year 
     2012 by the National Defense Authorization Act for Fiscal 
     Year 2012 (Public Law 112-81) that remain available for 
     obligation or expenditure as of the date of the enactment of 
     this Act may be used--
       (1) to enter into a contract or subcontract, memorandum of 
     understanding, or cooperative agreement with, to make a grant 
     to, or to provide a loan or loan guarantee to 
     Rosoboronexport; or
       (2) to modify any existing contract or subcontract with 
     Rosoboronexport.
       (b) National Security Waiver Authority.--The Secretary of 
     Defense may waive the applicability of subsection (a) if the 
     Secretary, in consultation with the Secretary of State and 
     the Director of National Intelligence, certifies in writing 
     to the congressional defense committees that, to the best of 
     the Secretary's knowledge, Rosoboronexport has ceased the 
     transfer of lethal military equipment to, and the maintenance 
     of existing lethal military equipment for, the Government of 
     the Syrian Arab Republic.
                                 ______
                                 
  SA 2304. Mr. BOOZMAN (for himself, Mr. Manchin, and Mr. Moran) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 593. CONTENTS OF TRANSITION ASSISTANCE PROGRAM.

       (a) In General.--Section 1144 of title 10, United States 
     Code, is amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(9) Provide information about disability-related 
     employment and education protections.'';
       (2) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively; and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Additional Elements of Program.--The mandatory 
     program carried out under this section shall include--
       ``(1) for any member who plans to use the member's 
     entitlement to educational assistance under title 38--
       ``(A) instruction providing an overview of the use of such 
     entitlement; and
       ``(B) testing to determine academic readiness for post-
     secondary education, courses of post-secondary education 
     appropriate for the member, courses of post-secondary 
     education compatible with the member's education goals, and 
     instruction on how to finance the member's post-secondary 
     education; and
       ``(2) instruction in the benefits under laws administered 
     by the Secretary of Veterans Affairs and in other subjects 
     determined by the Secretary concerned.''.
       (b) Deadline for Implementation.--The program carried out 
     under section 1144 of title 10, United States Code, shall 
     comply with the requirements of subsections (b)(9) and (c) of 
     such section, as added by subsection (a), by not later than 
     April 1, 2015.
       (c) Feasibility Study.--Not later than 270 days after the 
     date of the enactment of this Act, the Secretary of Veterans 
     Affairs shall submit to the Committees on Veterans' Affairs 
     of the Senate and the House of Representatives the results of 
     a study carried out by the Secretary to determine the 
     feasibility of providing the instruction described in 
     subsection (b) of section 1142 of title 10, United States 
     Code, at all overseas locations where such instruction is 
     provided by entering into a contract jointly with the 
     Secretary of Labor for the provision of such instruction.
                                 ______
                                 
  SA 2305. Mr. REID proposed an amendment to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

       At the end, add the following:
       This Act shall become effective 3 days after enactment.
                                 ______
                                 
  SA 2306. Mr. REID proposed an amendment to amendment SA 2305 proposed 
by Mr. Reid to the bill S. 1197, to authorize appropriations for fiscal 
year 2014 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; as follows:

       In the amendment, strike ``3 days'' and insert ``2 days''.
                                 ______
                                 
  SA 2307. Mr. REID proposed an amendment to amendment SA 2306 proposed 
by Mr. Reid to the amendment SA 2305 proposed by Mr. Reid to the bill 
S. 1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

       In the amendment, strike ``2 days'' and insert ``1 day''.
                                 ______
                                 
  SA 2308. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1066. REPORT ON ROLE OF MILITARY BANDS IN NATIONAL 
                   DEFENSE.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on role of military bands in the 
     national defense. The report shall include the following:
       (1) A description of the average annual cost of military 
     bands over the three fiscal years ending with fiscal year 
     2013, set forth by Armed Force, including costs of training 
     centers, support and logistics, cadre, and other personnel 
     and equipment.
       (2) An assessment of the direct contributions of military 
     bands to the national security of the United States.
       (3) A justification, if any, from the Secretary of each 
     military department for the continuation of military band 
     capabilities by the Armed Forces under the jurisdiction of 
     such Secretary in light of an austere fiscal environment and 
     upcoming reductions in end strengths for the Armed Forces.
                                 ______
                                 
  SA 2309. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 593. PILOT PROGRAM ON PROVISION OF CERTAIN INFORMATION 
                   TO STATE VETERANS AGENCIES TO FACILITATE THE 
                   TRANSITION OF MEMBERS OF THE ARMED FORCES FROM 
                   MILITARY SERVICE TO CIVILIAN LIFE.

       (a) Pilot Program Required.--Commencing not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall carry out a pilot program to 
     assess the feasibility and advisability of providing the 
     information described in subsection (b) on members of the 
     Armed Forces who are separating from the Armed Forces to 
     State veterans agencies as a means of facilitating the 
     transition of members of the Armed Forces from military 
     service to civilian life.
       (b) Covered Information.--The information described in this 
     subsection with respect to a member is as follows:

[[Page S8269]]

       (1) Department of Defense Form DD 214.
       (2) A personal email address.
       (3) A personal telephone number.
       (4) A mailing address.
       (c) Voluntary Participation.--The participation of a member 
     in the pilot program shall be at the election of the member.
       (d) Form of Provision of Information.--Information shall be 
     provided to State veterans agencies under the pilot program 
     in digitized electronic form.
       (e) Use of Information.--Information provided to State 
     veterans agencies under the pilot program may be shared by 
     such agencies with appropriate county veterans service 
     offices in such manner and for such purposes as the Secretary 
     shall specify for purposes of the pilot program.
       (f) Report.--Not later than 15 months after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the pilot program. The report shall include a 
     description of the pilot program and such recommendations, 
     including recommendations for continuing or expanding the 
     pilot program, as the Secretary considers appropriate in 
     light of the pilot program.
                                 ______
                                 
  SA 2310. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. REQUIREMENT FOR PROMPT RESPONSES FROM SECRETARY OF 
                   DEFENSE WHEN SECRETARY OF VETERANS AFFAIRS 
                   REQUESTS INFORMATION NECESSARY TO ADJUDICATE 
                   BENEFITS CLAIMS.

       (a) Deadline for Prompt Response.--Whenever the Secretary 
     of Veterans Affairs submits a request to the Secretary of 
     Defense for information that the Secretary of Veterans 
     Affairs determines is necessary to adjudicate a claim for a 
     benefit under a law administered by the Secretary of Veterans 
     Affairs, the Secretary of Defense shall attempt to furnish 
     such information to the Secretary of Veterans Affairs by not 
     later than 30 days after receiving the request from the 
     Secretary of Veterans Affairs.
       (b) Initial Extension of Deadline.--In a case in which the 
     Secretary of Defense is unable to furnish the Secretary of 
     Veterans Affairs with information requested under subsection 
     (a) within the 30-day period set forth in such subsection, 
     the Secretary of Defense shall--
       (1) notify the Secretary of Veterans Affairs of the 
     Secretary of Defense's inability to furnish the Secretary of 
     Veterans Affairs with the information requested within the 
     30-day period set forth in such subsection; and
       (2) attempt to furnish the Secretary of Veterans Affairs 
     with the information requested by not later than 30 days 
     after the end of the 30-day period set forth in such 
     subsection.
       (c) Subsequent Extension.--In a case in which the Secretary 
     of Defense is unable to furnish the Secretary of Veterans 
     Affairs with information requested under subsection (a) 
     within 60 days, the Secretary of Defense shall submit to the 
     Secretary of Veterans Affairs--
       (1) an explanation as to why the Secretary of Defense is 
     unable to furnish the Secretary of Veterans Affairs with the 
     requested information; and
       (2) an estimate as to when the Secretary of Defense will 
     furnish the Secretary of Veterans Affairs with the requested 
     information.
       (d) Annual Report.--Not less frequently than once each 
     year, the Secretary of Defense shall submit to the Committee 
     on Armed Services and the Committee on Veterans' Affairs of 
     the Senate and the Committee on Armed Services and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report that summarizes, with respect to the 
     most recently completed one-year period--
       (1) the number of requests for information received from 
     the Secretary of Veterans Affairs under subsection (a);
       (2) the number of requests for information received from 
     the Secretary of Veterans Affairs under subsection (a) with 
     respect to which the Secretary of Defense supplied the 
     requested information; and
       (3) the number of requests for information received from 
     the Secretary of Veterans Affairs under subsection (a) with 
     respect to which the Secretary of Defense was unable to 
     furnish the requested information to the Secretary of 
     Veterans Affairs within 60 days.
                                 ______
                                 
  SA 2311. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 713. DEADLINE FOR COMPLETION OF IMPLEMENTATION OF THE 
                   HEALTHCARE ARTIFACT AND IMAGE MANAGEMENT 
                   SOLUTION PROGRAM.

       (a) Deadline.--The Secretary of Defense shall complete the 
     implementation of the Healthcare Artifact and Image 
     Management Solution (HAIMS) program of the Department of 
     Defense by not later than the date that is 180 days after the 
     date of the enactment of this Act.
       (b) Report.--Upon completion of the implementation of the 
     Healthcare Artifact and Image Management Solution program, 
     the Secretary shall submit to Congress a report describing 
     the extent of the interoperability between the Healthcare 
     Artifact and Image Management Solution program and the 
     Veterans Benefits Management System (VBMS) of the Department 
     of Veterans Affairs.
                                 ______
                                 
  SA 2312. Mr. ALEXANDER (for himself and Mr. Begich) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 314. TRANSPORTATION OF SUPPLIES AND EQUIPMENT IN THE 
                   UNITED STATES BY COMMERCIAL MOTOR VEHICLES.

       (a) Statement of Policy.--It is the policy of the United 
     States to maximize the operational effectiveness, efficiency, 
     and cost savings of the Defense Transportation System, 
     especially surface and related intermodal transportation 
     requirements in support of contingency and peacetime 
     operations by allowing surface transportation supplies to be 
     transported in longer tractor-trailer combinations.
       (b) Increase in Allowable Length of Tractor Trailer 
     Combinations.--Section 31111(b)(1)(A) of title 49, United 
     States Code, is amended by striking ``or of less than 28 
     feet'' and inserting ``or, notwithstanding section 31112, of 
     less than 33 feet''.
                                 ______
                                 
  SA 2313. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1237. LIMITATION ON ASSISTANCE TO ASSAD REGIME DURING 
                   DESTRUCTION OF SYRIAN CHEMICAL WEAPONS.

       (a) In General.--The United States Government may not 
     provide financial assistance or license, approve, facilitate, 
     contribute, or otherwise allow the sale, lease, transfer, or 
     delivery of any items for the purposes of the dismantlement 
     and destruction of Syria's chemical program that could be 
     adapted for military use to the Organization for the 
     Prohibition of Chemical Weapons (OPCW) or the government of 
     any country until the Secretary of Defense submits to the 
     appropriate congressional committees--
       (1) a certification that--
       (A) such assistance will not be transferred or provided to 
     the Government of Syria; and
       (B) the final disposition of any items or equipment, after 
     the chemical weapons are removed from Syria or are destroyed 
     in Syria, will not remain with the Government of Syria; and
       (2) an assessment of whether the Government of Syria's 
     declaration to the OPCW regarding its chemical weapons 
     program is complete, including a list of undeclared chemical 
     weapons stockpiles, munitions, and facilities in Syria.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional defense committees;
       (2) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (3) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 2314. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1035. PROHIBITION ON USE OF FUNDS TO CLOSE DETENTION 
                   FACILITIES AT GUANTANAMO BAY, CUBA.

       None of the amounts authorized to be appropriated by this 
     Act or otherwise made

[[Page S8270]]

     available for fiscal year 2014 for the Department of Defense 
     may be obligated or expended for the purpose of funding 
     personnel or programs whose primary focus is facilitating the 
     closure of Guantanamo Bay prison.
                                 ______
                                 
  SA 2315. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2833. CONVEYANCE, AIR NATIONAL GUARD RADAR SITE, FRANCIS 
                   PEAK, WASATCH MOUNTAINS, UTAH.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey, without consideration, to the State of Utah (in 
     this section referred to as the ``State''), all right, title, 
     and interest of the United States in and to the structures, 
     including equipment and any other personal property related 
     thereto, comprising the Air National Guard radar site located 
     on Francis Peak, Utah, for the purpose of permitting the 
     State to use the structures to support emergency public 
     safety communications, including 911 emergency response 
     service for Northern Utah.
       (b) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary of the Air Force may 
     require the State to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyance under 
     subsection (a), including survey costs, costs related to 
     environmental documentation, and other administrative costs 
     related to the conveyance. If amounts paid to the Secretary 
     in advance exceed the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the State.
       (2) Treatment of amounts received.--Amounts received under 
     paragraph (1) as reimbursement for costs incurred by the 
     Secretary to carry out the conveyance under subsection (a) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (c) Description of Property.--The exact inventory of 
     equipment and other personal property to be conveyed under 
     subsection (a) shall be determined by the Secretary of the 
     Air Force.
       (d) Time of Conveyance.--The conveyance under this section 
     shall occur as soon as practicable after the date of the 
     enactment of this Act. Until such time as the conveyance 
     occurs, the Secretary of the Air Force shall take no action 
     with regard to the structures described in subsection (a) 
     that will result in the likely disruption of emergency 
     communications by the State and local authorities.
       (e) Additional Terms and Conditions.--The Secretary of the 
     Air Force may require such additional terms and conditions in 
     connection with the conveyance under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
       (f) Issuance of Land Use Authorization.--The conveyance of 
     the structures under subsection (a) shall not affect the 
     validity and continued applicability of the land use. Upon 
     completion of the conveyance under subsection (a), the State 
     of Utah shall submit for a land use authorization to the 
     Forest Service for placement and use of structures on 
     National Forest System land. Such land use authorization 
     shall comply with Forest Service land use authorization 
     requirements for similar land uses on National Forest System 
     land.
       (g) Duration of Authority.--The authority to make a 
     conveyance under this section shall expire on the later of--
       (1) September 30, 2014; or
       (2) the date of the enactment of an Act authorizing funds 
     for military construction for fiscal year 2015.
                                 ______
                                 
  SA 2316. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 514. PROTECTION OF RELIGIOUS FREEDOMS OF MILITARY 
                   CHAPLAINS DURING NON-MILITARY SERVICES.

       (a) Army Chaplains.--Section 3547 of title 10, United 
     States Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) A chaplain may close a prayer lead by the chaplain 
     outside of a religious service in accordance with the 
     traditions, expressions, and religious exercises of the group 
     for whom the prayer is lead.''.
       (b) Navy Chaplains.--Section 6031 of such title is amended 
     by adding at the end the following new subsection:
       ``(d) A chaplain may close a prayer lead by the chaplain 
     outside of devine service in accordance with the traditions, 
     expressions, and religious exercises of the group for whom 
     the prayer is lead.''.
       (c) Air Force Chaplains.--Section 8547 of such title is 
     amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) A chaplain may close a prayer lead by the chaplain 
     outside of a religious service in accordance with the 
     traditions, expressions, and religious exercises of the group 
     for whom the prayer is lead.''.
                                 ______
                                 
  SA 2317. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1054. NOTIFICATION OF MODIFICATION OF ARMY FORCE 
                   STRUCTURE.

       (a) Certification of Environmental Compliance.--The 
     Secretary of the Army shall certify to the congressional 
     defense committees that Army force structure modifications, 
     reductions, and additions authorized as of the date of the 
     enactment of this Act that will utilize funds authorized to 
     be appropriated by this Act or otherwise made available for 
     fiscal year 2014 for the Department of the Army are compliant 
     with the provisions of the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.).
       (b) Notification of Necessary Assessments or Studies.--The 
     Secretary of the Army, when making congressional 
     notifications in accordance with section 993 of title 10, 
     United States Code, shall include the Secretary's assessment 
     whether or not such changes require an Environmental 
     Assessment or Environmental Impact Statement in accordance 
     with the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.), and, if such an assessment or study is 
     required, the plan for conducting such assessment or study.
                                 ______
                                 
  SA 2318. Mr. MORAN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1237. INTELLIGENCE ASSESSMENT AND REPORT ON AL-SHABAAB.

       (a) Intelligence Assessment.--Not later than 180 days after 
     the date of the enactment of this Act, the Director of 
     National Intelligence shall submit to the appropriate 
     committees of Congress a classified intelligence assessment 
     of the terrorist organization known as Al-Shabaab. Such 
     assessment shall include the following:
       (1) A description of organizational structure, operational 
     objectives, and funding sources for Al-Shabaab.
       (2) An assessment of the extent to which Al-Shabaab 
     threatens security and stability within Somalia and 
     surrounding countries.
       (3) An assessment of the extent to which Al-Shabaab 
     threatens the security of United States citizens or the 
     national security or interests of the United States.
       (4) The description of the relationship between Al-Shabaab 
     and Al-Qaeda and Al-Qaeda affiliates.
       (5) An assessment of the capacity of the Government of 
     Somalia to counter the threat posed by Al-Shabaab.
       (6) An assessment of the capacity of regional countries and 
     organizations, including the African Union, to counter the 
     threat posed by Al-Shabaab.
       (b) Secretary of State and Secretary of Defense Joint 
     Report.--Not later than 90 days after the date on which the 
     intelligence assessment required by subsection (a) is 
     submitted, the Secretary of State and the Secretary of 
     Defense, jointly, shall submit to the appropriate committees 
     of Congress a report describing the strategy of the United 
     States to counter the threat posed by Al-Shabaab.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

[[Page S8271]]

                                 ______
                                 
  SA 2319. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXEMPTION FROM SEQUESTRATION FOR FISCAL YEAR 2014.

       Section 251A(5) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 901a(5)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively;
       (2) by inserting before subparagraph (B), as redesignated, 
     the following:
       ``(A) Modification of defense function reductions.--
     Notwithstanding any other provision of this Act, for 
     discretionary appropriations and direct spending accounts 
     within function 050 (defense function)--
       ``(i) for fiscal year 2014, OMB shall decrease the 
     otherwise applicable amount of the reduction to such 
     discretionary appropriations and direct spending accounts by 
     $25,000,000,000;
       ``(ii) for fiscal year 2015, OMB shall decrease the 
     otherwise applicable amount of the reduction to such 
     discretionary appropriations and direct spending accounts by 
     $17,000,000,000;
       ``(iii) for fiscal year 2016, OMB shall decrease the 
     otherwise applicable amount of the reduction to such 
     discretionary appropriations and direct spending accounts by 
     $12,000,000,000;
       ``(iv) for fiscal year 2017, OMB shall decrease the 
     otherwise applicable amount of the reduction to such 
     discretionary appropriations and direct spending accounts by 
     $4,000,000,000;
       ``(v) for fiscal year 2018, OMB shall increase the 
     otherwise applicable amount of the reduction to such 
     discretionary appropriations and direct spending accounts by 
     $3,000,000,000;
       ``(vi) for fiscal year 2019, OMB shall increase the 
     otherwise applicable amount of the reduction to such 
     discretionary appropriations and direct spending accounts by 
     $10,000,000,000;
       ``(vii) for fiscal year 2020, OMB shall increase the 
     otherwise applicable amount of the reduction to such 
     discretionary appropriations and direct spending accounts by 
     $18,000,000,000;
       ``(viii) for fiscal year 2021, OMB shall increase the 
     otherwise applicable amount of the reduction to such 
     discretionary appropriations and direct spending accounts by 
     $27,000,000,000; and
       ``(ix) for each of fiscal years 2014 through 2021, OMB 
     shall calculate the amount of the respective reductions to 
     discretionary appropriations and direct spending (as adjusted 
     under this subparagraph) in accordance with subparagraphs (B) 
     and (C).'';
       (3) in subparagraph (B)(i), as redesignated, by inserting 
     ``as adjusted, if adjusted, in accordance with subparagraph 
     (A)'' after ``paragraph (4)''; and
       (4) in subparagraph (C), as redesignated--
       (A) by inserting ``as adjusted, if adjusted, in accordance 
     with subparagraph (A)'' after ``paragraph (4)''; and
       (B) by striking ``subparagraph (A)'' and inserting 
     ``subparagraph (B)''.
                                 ______
                                 
  SA 2320. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 843. MINIMUM WAGE FOR WORK UNDER CONTRACTS BY THE 
                   DEPARTMENT OF DEFENSE.

       (a) In General.--Notwithstanding section 6 of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206), any entity 
     awarded a contract by the Department of Defense for services 
     performed in the United States, or property manufactured in 
     the United States, shall pay each individual performing such 
     services or manufacturing such property a wage not less than 
     $14.00 an hour while such individual performs such services 
     or manufactures such property.
       (b) Applicability to Subcontractors.--Subsection (a) shall 
     apply to an entity awarded a subcontract under a contract for 
     services or property described in such subsection, in the 
     same manner as such subsection applies to the entity awarded 
     such contract.
       (c) Effective Date.--Subsection (a) shall apply with 
     respect to contracts awarded by the Department of Defense 
     after the date of enactment of this Act for fiscal year 2014 
     and each fiscal year thereafter.
                                 ______
                                 
  SA 2321. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. ENHANCED PRIVACY PROTECTIONS UNDER THE FOREIGN 
                   INTELLIGENCE SURVEILLANCE ACT OF 1978.

       (a) Limiting Overbroad Surveillance Requests.--Section 501 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1861) is amended--
       (1) in subsection (a)(1), by striking ``to protect against 
     international terrorism or clandestine intelligence 
     activities,'' and inserting ``for an investigation concerning 
     international terrorism which investigation is being 
     conducted by the Federal Bureau of Investigation,'';
       (2) in subsection (b)(2)(A)--
       (A) in the matter preceding clause (i)--
       (i) by striking ``a statement of facts showing that there 
     are reasonable grounds'' and inserting ``specific and 
     articulable facts giving reason'';
       (ii) by inserting ``each of'' before ``the tangible 
     things'';
       (iii) by striking ``are'' and inserting ``is''; and
       (iv) by striking ``to protect against international 
     terrorism or clandestine intelligence activities,'' and 
     inserting ``an investigation concerning international 
     terrorism which investigation is being conducted by the 
     Federal Bureau of Investigation,'';
       (B) in clause (i), by adding ``or'' at the end;
       (C) in clause (ii), by striking ``or'' and inserting 
     ``and''; and
       (D) by striking clause (iii); and
       (3) in subsection (c)(1), after ``the release of tangible 
     things.'' by inserting ``For each tangible thing to be 
     released, the judge shall enter a finding that the Director 
     of the Federal Bureau of Investigation or the Director's 
     designee has presented specific and articulable facts giving 
     reason to believe that the thing is relevant to an authorized 
     investigation (other than a threat assessment) conducted in 
     accordance with subsection (a)(2) of this section to obtain 
     foreign intelligence information not concerning a United 
     States person or an investigation concerning international 
     terrorism which investigation is being conducted by the 
     Federal Bureau of Investigation.''.
       (b) Expansion of Reporting Requirements Under FISA.--
     Section 502 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1862) is amended by striking subsections (a), 
     (b), and (c) and inserting the following:
       ``(a) On a semiannual basis, the Attorney General shall 
     fully inform Congress concerning all requests for the 
     production of tangible things under section 501, including 
     with respect to the preceding 6-month period--
       ``(1) the total number of applications made for orders 
     approving requests for the production of tangible things 
     under section 501; and
       ``(2) the total number of such orders either granted, 
     modified, or denied.
       ``(b) In informing Congress under subsection (a), the 
     Attorney General shall include the following:
       ``(1) A description with respect to each application for an 
     order requiring the production of any tangible things for the 
     specific purpose for such production.
       ``(2) An analysis of the effectiveness of each application 
     that was granted or modified in protecting citizens of the 
     United States against terrorism.
       ``(c) In a manner consistent with the protection of the 
     national security of the United States, the Attorney General 
     shall make available to the public the information provided 
     to Congress under subsection (a).''.
                                 ______
                                 
  SA 2322. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1066. ANNUAL REPORT ON DEPARTMENT OF DEFENSE GREENHOUSE 
                   GAS EMISSIONS.

       Not later than June 30, 2014, and annually thereafter, the 
     Secretary of Defense shall submit to Congress a report on 
     greenhouse gas emissions of the Department of Defense during 
     the previous calendar year. The report shall include a review 
     and description of greenhouse gas emissions by military 
     department, Defense Agency, and type of activity, including 
     electricity consumption, transportation, and heating.
                                 ______
                                 
  SA 2323. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal

[[Page S8272]]

year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 2404. INCREASED FUNDING FOR ENERGY CONSERVATION 
                   PROJECTS.

       (a) Authorization of Appropriations.--
       (1) Additional amount for energy conservation investment 
     program.--The amount authorized to be appropriated for fiscal 
     year 2014 by section 2403(6) and available for the Energy 
     Conservation Investment Program as specified in the funding 
     table in section 4601 is hereby increased by $279,000,000, 
     with the amount of the increase to be available for projects 
     that improve energy efficiency at military installations 
     (including retrofitting existing buildings and enabling new 
     construction to meet higher energy efficiency standards) or 
     allow for the inclusion or addition of renewable energy 
     generation at military installations.
       (2) Renewable energy generation defined.--In this 
     subsection, the term ``renewable energy generation'' 
     includes--
       (A) solar, wind, biomass, landfill gas, ocean, and 
     geothermal; and
       (B) energy storage systems designed to store energy 
     produced by a renewable energy system for later use or for 
     frequency regulation.
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2014 by section 1504 and available for the 
     Afghanistan Infrastructure Fund as specified in the funding 
     table in section 4302 is hereby reduced by $279,000,000.
                                 ______
                                 
  SA 2324. Mr. LEVIN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 949. REPORTING ON PENETRATIONS INTO NETWORKS AND 
                   INFORMATION SYSTEMS OF OPERATIONALLY CRITICAL 
                   CONTRACTORS.

       (a) Procedures for Reporting Penetrations.--The Secretary 
     of Defense shall establish procedures that require an 
     operationally critical contractor to report to a component of 
     the Department of Defense designated by the Secretary for 
     purposes of such procedures when a network or information 
     system of such operationally critical contractor is 
     successfully penetrated.
       (b) Procedure Requirements.--
       (1) Rapid reporting.--The procedures established pursuant 
     to subsection (a) shall require each operationally critical 
     contractor to rapidly report to the component of the 
     Department designated pursuant to subsection (a) on each 
     successful penetration of any network or information systems 
     of such contractor. Each such report shall include the 
     following:
       (A) The technique or method used in such penetration.
       (B) A sample of any malicious software, if discovered and 
     isolated by the contractor, involved in such penetration.
       (2) Department assistance and access to equipment and 
     information by department personnel.--The procedures 
     established pursuant to subsection (a) shall include 
     mechanisms for Department personnel to--
       (A) assist operationally critical contractors in detecting 
     and mitigating penetrations; and
       (B) upon request, obtain access to equipment or information 
     of an operationally critical contractor necessary to conduct 
     forensic analysis in addition to any analysis conducted by 
     such contractor.
       (3) Protection of trade secrets and other information.--The 
     procedures established pursuant to subsection (a) shall 
     provide for the reasonable protection of trade secrets, 
     commercial or financial information, and information that can 
     be used to identify a specific person.
       (c) Issuance of Procedures.--The Secretary shall establish 
     the procedures required by subsection (a) by not later than 
     90 days after the date of the enactment of this Act. The 
     procedures shall take effect on the date of establishment.
       (d) Assessment of Department Policies and Systems for 
     Sharing Information on Penetrations.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of the Act, the Secretary shall conduct an 
     assessment of Department policies and systems for sharing 
     information on successful penetrations into networks or 
     information systems of operationally critical contractors.
       (2) Actions following assessment.--Upon completion of the 
     assessment required by paragraph (1), the Secretary shall 
     issue or revise guidance applicable to Department components 
     to ensure the rapid sharing of information relating to 
     successful penetrations into networks or information systems 
     of operationally critical contractors.
       (e) Definitions.--In this section:
       (1) The term ``operationally critical contractor'' means a 
     contractor designated by the Secretary for purposes of this 
     section as a critical source of supply for a service or 
     capability that is essential to the mobilization, deployment, 
     or sustainment of the Armed Forces in a contingency 
     operation.
       (2) The term ``contingency operation'' has the meaning 
     given that term in section 101(a)(13) of title 10, United 
     States Code.
                                 ______
                                 
  SA 2325. Mr. REED (for himself, Mr. Rockefeller, and Mr. Durbin) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of division A add the following:

             TITLE XVI--ENHANCEMENT AND IMPROVEMENT OF SCRA

     SEC. 1600. SHORT TITLE.

       This title may be cited as the ``SCRA Enhancement and 
     Improvement Act of 2013''.

Subtitle A--Enhancement of Rights Under Servicemembers Civil Relief Act

     SEC. 1601. EXTENDED PERIOD OF PROTECTION UNDER INSTALLMENT 
                   CONTRACTS FOR PURCHASE OR LEASE.

       Section 302(a)(1) of the Servicemembers Civil Relief Act 
     (50 U.S.C. App. 532(a)(1)) is amended, in the matter 
     following subparagraph (B), by striking ``or during that 
     person's military service'' and inserting ``, during, or 
     within one year after such servicemember's period of military 
     service''.

     SEC. 1602. MODIFICATION OF PERIOD DETERMINING WHICH ACTIONS 
                   ARE COVERED UNDER STAY OF PROCEEDINGS AND 
                   ADJUSTMENT OF OBLIGATION PROTECTIONS CONCERNING 
                   MORTGAGES AND TRUST DEEDS OF MEMBERS OF 
                   UNIFORMED SERVICES.

       (a) In General.--Section 303(b) of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 533(b)) is amended by striking 
     ``filed'' and inserting ``pending''.
       (b) Conforming Amendments.--Section 710(d) of the Honoring 
     America's Veterans and Caring for Camp Lejeune Families Act 
     of 2012 (Public Law 112-154; 126 Stat. 1208) is amended--
       (1) by striking paragraph (1) and inserting the following 
     new paragraph (1):
       ``(1) Sunset and revival.--
       ``(A) In general.--Subsections (b) and (c) of section 303 
     of the Servicemembers Civil Relief Act (50 U.S.C. App. 533), 
     as amended by subsections (a) and (b) of this section, are 
     amended by striking `within one year' each place it appears 
     and inserting `within 90 days'.
       ``(B) Effective date.--The amendments made by subparagraph 
     (A) shall take effect on January 1, 2015.''; and
       (2) by striking paragraph (3).

     SEC. 1603. PROHIBITION ON COLLECTION OF PENALTIES FOR EARLY 
                   PREPAYMENT OF MORTGAGE.

       Section 203 of the Servicemembers Civil Relief Act (50 
     U.S.C. App. 523) is amended by adding at the end the 
     following new subsection:
       ``(c) Prohibition on Prepayment Penalties for Certain 
     Mortgages.--
       ``(1) In general.--When a servicemember discharges an 
     obligation arising under a mortgage contract and would 
     otherwise thereby incur a prepayment penalty, such penalty 
     shall not accrue if--
       ``(A) the servicemember is in military service at the time 
     the prepayment penalty is incurred; and
       ``(B) the reason the servicemember discharges the 
     obligation, thereby incurring the penalty, is materially 
     affected by such military service.
       ``(2) Materially affecting military service.--For purposes 
     of paragraph (1)(B), the requirement that the reason a 
     servicemember discharged a mortgage obligation, thereby 
     incurring a prepayment penalty, be materially affected by 
     military services requires--
       ``(A) that the mortgage be secured by the servicemember's 
     primary residence; and
       ``(B) that the servicemember receive permanent change of 
     station orders.
       ``(3) Relief, costs, and attorney fees.--An assessment of a 
     penalty in violation of this subsection shall be considered a 
     violation of this Act for purposes of title VIII.''.

     SEC. 1604. PROTECTIONS FOR MEMBERS OF UNIFORMED SERVICES 
                   REGARDING PROFESSIONAL LICENSES.

       (a) In General.--Title VII of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 701 et seq.) is amended by adding 
     at the end the following new section:

     ``SEC. 707. PROFESSIONAL LICENSES.

       ``(a) Expiration During Period in Which Servicemembers Are 
     Eligible for Hostile Fire or Imminent Danger Special Pay.--If 
     a license issued by a State or local licensing authority to a 
     servicemember would otherwise expire during a period in which 
     such servicemember is eligible for hostile fire or imminent 
     danger special pay under section 310 of title 37, United 
     States Code, such State or local licensing authority shall 
     delay the expiration of such license until not earlier than 
     the date that is 180 days after the date on which such period 
     of eligibility ends.

[[Page S8273]]

       ``(b) Continuing Education Requirements During Period in 
     Which Servicemembers Are Eligible for Hostile Fire or 
     Imminent Danger Special Pay.--If a State or local licensing 
     authority otherwise requires a servicemember to meet any 
     continuing education requirements to maintain a license for a 
     trade or profession during a period in which such 
     servicemember is eligible for hostile fire or imminent danger 
     special pay under section 310 of title 37, United States 
     Code, such State or local licensing authority shall delay 
     such continuing education requirement until not earlier than 
     the date that is 180 days after the date on which such period 
     of eligibility ends.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act (50 U.S.C. App. 501(b)) is amended by 
     inserting after the item relating to section 706 the 
     following new item:

``Sec. 707. Professional licenses and certifications.''.

     SEC. 1605. EXPANSION OF PROTECTIONS FOR MEMBERS OF UNIFORMED 
                   SERVICES REGARDING TAXES RESPECTING REAL 
                   PROPERTY OCCUPIED BY BUSINESSES OWNED BY SUCH 
                   MEMBERS.

       (a) In General.--Subsection (a)(2) of section 501 of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 561) is 
     amended by striking the matter before subparagraph (A) and 
     inserting the following:
       ``(2) real property occupied for dwelling, professional, 
     trade, business, or agricultural purposes by a servicemember, 
     the servicemember's dependents or employees, or a business 
     which (without regard to the form in which such profession, 
     trade, business, or agricultural operation is organized or 
     carried out) is owned entirely by a servicemember or by a 
     servicemember and the spouse of the servicemember--''.
       (b) Notice.--Such section is further amended by adding at 
     the end the following new subsection:
       ``(f) Written Notice to Taxing Authorities.--In order for 
     real property owned by a business which is owned entirely by 
     a servicemember or by a servicemember and the spouse of the 
     servicemember to be subject to the protections provided in 
     this section, the servicemember shall provide to the 
     applicable taxing authority written notice and a copy of the 
     military orders calling the servicemember to military service 
     and any orders further extending military service, not later 
     than 180 days after the date of the servicemember's 
     termination or release from military service.''.

     SEC. 1606. PROHIBITION ON DENIAL OF CREDIT BECAUSE OF 
                   ELIGIBILITY FOR PROTECTION.

       Section 108 of the Servicemembers Civil Relief Act (50 
     U.S.C. App. 518) is amended--
       (1) by striking ``Application by'' and inserting the 
     following:
       ``(a) Application or Receipt.--Application by''; and
       (2) by adding at the end the following new subsection:
       ``(b) Eligibility.--
       ``(1) In general.--In addition to the protections under 
     subsection (a), an individual who is entitled to any right or 
     protection provided under this Act may not be denied or 
     refused credit or be subject to any other action described 
     under paragraphs (1) through (6) of subsection (a) solely by 
     reason of such entitlement.
       ``(2) Construction.--Nothing in this subsection shall be 
     construed to prohibit a lender from considering all relevant 
     factors, other than the entitlement of an individual to a 
     right or protection provided under this Act, in making a 
     determination as to whether it is appropriate to extend 
     credit.''.

     SEC. 1607. INTEREST RATE LIMITATION ON DEBT ENTERED INTO 
                   DURING MILITARY SERVICE TO CONSOLIDATE OR 
                   REFINANCE STUDENT LOANS INCURRED BEFORE 
                   MILITARY SERVICE.

       (a) In General.--Subsection (a) of section 207 of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 527) is 
     amended--
       (1) in paragraph (1), by inserting ``on debt incurred 
     before service'' after ``Limitation to 6 percent'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Limitation to 6 percent on debt incurred during 
     service to consolidate or refinance student loans incurred 
     before service.--An obligation or liability bearing interest 
     at a rate in excess of 6 percent per year that is incurred by 
     a servicemember, or the servicemember and the servicemember's 
     spouse jointly, during military service to consolidate or 
     refinance one or more student loans incurred by the 
     servicemember before such military service shall not bear an 
     interest at a rate in excess of 6 percent during the period 
     of military service.'';
       (4) in paragraph (3), as redesignated by paragraph (2) of 
     this subsection, by inserting ``or (2)'' after ``paragraph 
     (1)''; and
       (5) in paragraph (4), as so redesignated, by striking 
     ``paragraph (2)'' and inserting ``paragraph (3)''.
       (b) Implementation of Limitation.--Subsection (b) of such 
     section is amended--
       (1) in paragraph (1), by striking ``the interest rate 
     limitation in subsection (a)'' and inserting ``an interest 
     rate limitation in paragraph (1) or (2) of subsection (a)''; 
     and
       (2) in paragraph (2)--
       (A) in the paragraph heading, by striking ``as of date of 
     order to active duty''; and
       (B) by inserting before the period at the end the 
     following: ``in the case of an obligation or liability 
     covered by subsection (a)(1), or as of the date the 
     servicemember (or servicemember and spouse jointly) incurs 
     the obligation or liability concerned under subsection 
     (a)(2)''.
       (c) Student Loan Defined.--Subsection (d) of such section 
     is amended by adding at the end the following new paragraph:
       ``(3) Student loan.--The term `student loan' means the 
     following:
       ``(A) A Federal student loan made, insured, or guaranteed 
     under title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070 et seq.).
       ``(B) A private student loan as that term is defined in 
     section 140(a) of the Truth in Lending Act (15 U.S.C. 
     1650(a)).''.

     SEC. 1608. TERMINATION OF RESIDENTIAL LEASES AFTER ASSIGNMENT 
                   OR RELOCATION TO QUARTERS OF UNITED STATES OR 
                   HOUSING FACILITY UNDER JURISDICTION OF 
                   UNIFORMED SERVICE.

       (a) Termination of Residential Leases.--
       (1) In general.--Section 305 of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 535) is amended--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) in the case of a lease described in subsection (b)(1) 
     and subparagraph (C) of such subsection, the date the lessee 
     is assigned to or otherwise relocates to quarters or a 
     housing facility as described in such subparagraph.''; and
       (B) in subsection (b)(1)--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) the lease is executed by or on behalf of a person who 
     thereafter and during the term of the lease is assigned to or 
     otherwise relocates to quarters of the United States or a 
     housing facility under the jurisdiction of a uniformed 
     service (as defined in section 101 of title 37, United States 
     Code), including housing provided under the Military Housing 
     Privatization Initiative.''.
       (2) Manner of termination.--Subsection (c)(1) of such 
     section is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``in the case of a lease described in 
     subsection (b)(1) and subparagraph (A) or (B) of such 
     subsection,'' before ``by delivery''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) in the case of a lease described in subsection (b)(1) 
     and subparagraph (C) of such subsection, by delivery by the 
     lessee of written notice of such termination, and a letter 
     from the servicemember's commanding officer indicating that 
     the servicemember has been assigned to or is otherwise 
     relocating to quarters of the United States or a housing 
     facility under the jurisdiction of a uniformed service (as 
     defined in section 101 of title 37, United States Code), to 
     the lessor (or the lessor's grantee), or to the lessor's 
     agent (or the agent's grantee); and''.
       (b) Definition of Military Orders and Continental United 
     States for Purposes of Act.--
       (1) Transfer of definitions.--Such Act is further amended 
     by transferring paragraphs (1) and (2) of section 305(i) (50 
     U.S.C. App. 535(i)) to the end of section 101 (50 U.S.C. App. 
     511) and redesignating such paragraphs, as so transferred, as 
     paragraphs (10) and (11).
       (2) Conforming amendments.--Such Act is further amended--
       (A) in section 305 (50 U.S.C. App. 535), as amended by 
     paragraph (1), by striking subsection (i); and
       (B) in section 705 (50 U.S.C. App. 595), by striking ``or 
     naval'' both places it appears.

     SEC. 1609. PROTECTION OF SURVIVING SPOUSE WITH RESPECT TO 
                   MORTGAGE FORECLOSURE.

       (a) In General.--Title III of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 531 et seq.) is amended by 
     inserting after section 303 (50 U.S.C. App. 533) the 
     following new section:

     ``SEC. 303A. PROTECTION OF SURVIVING SPOUSE WITH RESPECT TO 
                   MORTGAGE FORECLOSURE.

       ``(a) In General.--Subject to subsection (b), with respect 
     to a servicemember who dies while in military service and who 
     has a surviving spouse who is the servicemember's successor 
     in interest to property covered under section 303(a), section 
     303 shall apply to the surviving spouse with respect to that 
     property during the one-year period beginning on the date of 
     such death in the same manner as if the servicemember had not 
     died.
       ``(b) Notice Required.--
       ``(1) In general.--To be covered under this section with 
     respect to property, a surviving spouse shall submit written 
     notice that such surviving spouse is so covered to the 
     mortgagee, trustee, or other creditor of the mortgage, trust 
     deed, or other security in the nature of a mortgage with 
     which the property is secured.
       ``(2) Time.--Notice provided under paragraph (1) shall be 
     provided with respect to a surviving spouse anytime during 
     the one-year period beginning on the date of death of the 
     servicemember with respect to whom the

[[Page S8274]]

     surviving spouse is to receive coverage under this section.
       ``(3) Address.--Notice provided under paragraph (1) with 
     respect to property shall be provided via e-mail, facsimile, 
     standard post, or express mail to facsimile numbers and 
     addresses, as the case may be, designated by the servicer of 
     the mortgage, trust deed, or other security in the nature of 
     a mortgage with which the property is secured.
       ``(4) Manner.--Notice provided under paragraph (1) shall be 
     provided in writing by using a form designed under paragraph 
     (5) or submitting a copy of a Department of Defense or 
     Department of Veterans Affairs document evidencing the 
     military service-related death of a spouse while in military 
     service.
       ``(5) Official forms.--The Secretary of Defense shall 
     design and distribute an official Department of Defense form 
     that can be used by an individual to give notice under 
     paragraph (1).''.
       (b) Effective Date.--Section 303A of such Act, as added by 
     subsection (a), shall apply with respect to deaths that occur 
     on or after the date of the enactment of this Act.
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of such Act (50 U.S.C. App. 501) is amended by inserting 
     after the item relating to section 303 the following new 
     item:

``Sec. 303A. Protection of surviving spouse with respect to mortgage 
              foreclosure.''.

      Subtitle B--Improvements to Servicemembers Civil Relief Act

     SEC. 1611. IMPROVED PROTECTION OF MEMBERS OF UNIFORMED 
                   SERVICES AGAINST DEFAULT JUDGMENTS.

       (a) Modification of Plaintiff Affidavit Filing 
     Requirement.--
       (1) In general.--Paragraph (1) of section 201(b) of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 521(b)) is 
     amended--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting such clauses two 
     ems to the right;
       (B) in the matter before clause (i), as redesignated by 
     subparagraph (A), by striking ``In any'' and inserting the 
     following:
       ``(A) In general.--In any''; and
       (C) by adding at the end the following new subparagraph 
     (B):
       ``(B) Due diligence.--Before filing the affidavit, the 
     plaintiff shall conduct a diligent and reasonable 
     investigation to determine whether or not the defendant is in 
     military service, including a search of available records of 
     the Department of Defense and any other information 
     reasonably available to the plaintiff. The affidavit shall 
     set forth all steps taken to determine the defendant's 
     military status and shall have attached copies of the records 
     on which the plaintiff relied in drafting the affidavit.''.
       (2) Applicability.--Paragraph (1)(B) of such section, as 
     added by paragraph (1), shall apply with respect to actions 
     and proceedings filed on or after the date of the enactment 
     of this Act.
       (b) Appointment of Attorney to Represent Defendant in 
     Military Service.--Paragraph (2) of such section (50 U.S.C. 
     App. 521(b)) is amended--
       (1) by striking ``If in an action'' and inserting the 
     following:
       ``(A) In general.--If in an action'';
       (2) in subparagraph (A), as designated by paragraph (1), by 
     striking ``If an attorney'' and inserting the following:
       ``(C) Limitations on appointed attorney.--If an attorney'';
       (3) by inserting after subparagraph (A), as designated by 
     paragraph (1), the following new subparagraph:
       ``(B) Due diligence.--If the court appoints an attorney to 
     represent the defendant--
       ``(i) the attorney shall conduct a diligent and reasonable 
     investigation to determine whether or not the defendant is in 
     military service, including a search of available records of 
     the Department of Defense and any other information 
     reasonably available to the attorney; and
       ``(ii) the plaintiff shall submit to the attorney such 
     information as the plaintiff may have concerning the 
     whereabouts or identity of the defendant.''; and
       (4) by adding at the end the following new subparagraph:
       ``(D) Treatment of attorneys fees.--The reasonable fees of 
     an attorney appointed to represent a servicemember shall be 
     treated as costs of court for court cost purposes, unless the 
     creditor seeks relief from such charges from the court.''.

     SEC. 1612. MODIFICATION OF PERIOD IN WHICH A WAIVER OF A 
                   RIGHT PURSUANT TO A WRITTEN AGREEMENT MAY BE 
                   MADE UNDER SERVICEMEMBERS CIVIL RELIEF ACT.

       Section 107(a) of the Servicemembers Civil Relief Act (50 
     U.S.C. App. 517) is amended in the third sentence by striking 
     ``during or after the servicemember's period of military 
     service'' and inserting ``after the occurrence of the event 
     that gave rise to the rights or protections to be waived''.

     SEC. 1613. CLARIFICATION REGARDING APPLICATION OF ENFORCEMENT 
                   AUTHORITY OF ATTORNEY GENERAL AND PRIVATE RIGHT 
                   OF ACTION UNDER SERVICEMEMBERS CIVIL RELIEF 
                   ACT.

       Sections 801 and 802 of the Servicemembers Civil Relief Act 
     (50 U.S.C. App. 597 and 597a) shall apply as if such sections 
     were included in the enactment of the Soldiers' and Sailors' 
     Civil Relief Act of 1940 (54 Stat. 1178, chapter 888) and 
     included in the restatement of such Act in Public Law 108-
     189.

     SEC. 1614. EXPANSION OF PROTECTIONS RELATING TO MORTGAGES TO 
                   INCLUDE OBLIGATIONS ON REAL OR PERSONAL 
                   PROPERTY FOR WHICH A SERVICEMEMBER IS 
                   PERSONALLY LIABLE AS A GUARANTOR OR CO-MAKER.

       Section 303(a) of the Servicemembers Civil Relief Act (50 
     U.S.C. App. 533) is amended, in the matter before paragraph 
     (1), by inserting ``or an obligation on real or personal 
     property for which a servicemember is personally liable as a 
     guarantor or co-maker'' after ``by a servicemember''.

Subtitle C--Enforcement of Rights Under Servicemembers Civil Relief Act

     SEC. 1621. ELECTION OF ARBITRATION TO RESOLVE CONTROVERSIES 
                   UNDER SERVICEMEMBERS CIVIL RELIEF ACT.

       (a) In General.--Section 102 of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 512) is amended by adding at the 
     end the following new subsection:
       ``(d) Election of Arbitration.--
       ``(1) Consent required.--Notwithstanding any other 
     provision of law, whenever a contract with a servicemember 
     provides for the use of arbitration to resolve a controversy 
     subject to a provision of this Act and arising out of or 
     relating to such contract, arbitration may be used to settle 
     such controversy only if, after such controversy arises, all 
     parties to such controversy consent in writing to use 
     arbitration to settle such controversy.
       ``(2) Explanation required.--Notwithstanding any other 
     provision of law, whenever arbitration is elected to settle a 
     dispute pursuant to paragraph (1), the arbitrator shall 
     provide the parties to such contract with a written 
     explanation of the factual and legal basis for any decision 
     made by the arbitrator in the course of such arbitration.''.
       (b) Applicability.--Subsection (d) of such section, as 
     added by subsection (a), shall apply with respect to 
     contracts entered into, amended, altered, modified, renewed, 
     or extended after the date of the enactment of this Act.

     SEC. 1622. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE 
                   DEMANDS BY ATTORNEY GENERAL UNDER 
                   SERVICEMEMBERS CIVIL RELIEF ACT.

       (a) In General.--Section 801 of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 597) is amended by adding at the 
     end the following:
       ``(d) Issuance and Service of Civil Investigative 
     Demands.--
       ``(1) In general.--Whenever the Attorney General has reason 
     to believe that any person may be in possession, custody, or 
     control of any documentary material relevant to an 
     investigation under this Act, the Attorney General may, 
     before commencing a civil action under subsection (a), issue 
     in writing and serve upon such person, a civil investigative 
     demand requiring--
       ``(A) the production of such documentary material for 
     inspection and copying;
       ``(B) that the custodian of such documentary material 
     answer in writing written questions with respect to such 
     documentary material; or
       ``(C) the production of any combination of such documentary 
     material or answers.
       ``(2) False claims.--The provisions of section 3733 of 
     title 31, United States Code, governing the authority to 
     issue, use, and enforce civil investigative demands shall 
     apply with respect to the authority to issue, use, and 
     enforce civil investigative demands under this section, 
     except that, for purposes of applying such section 3733--
       ``(A) references to false claims law investigators or 
     investigations shall be considered references to 
     investigators or investigations under this Act;
       ``(B) references to interrogatories shall be considered 
     references to written questions, and answers to such need not 
     be under oath;
       ``(C) the definitions relating to `false claims law' shall 
     not apply; and
       ``(D) provisions relating to qui tam relators shall not 
     apply.
       ``(3) Annual report.--
       ``(A) In general.--Not later than one year after the date 
     of the enactment of the SCRA Enhancement and Improvement Act 
     of 2013 and not less frequently than once each year 
     thereafter, the Attorney General 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 issuance of civil 
     investigative demands under this subsection during the 
     previous one-year period.
       ``(B) Elements.--Each report submitted under subparagraph 
     (A) shall include the following for the year covered by the 
     report:
       ``(i) The number of times that a civil investigative demand 
     was issued under this subsection.
       ``(ii) For each civil investigative demand issued under 
     this subsection with respect to an investigation, whether 
     such investigation resulted in a settlement or conviction.''.
       (b) Effective Date.--Subsection (d) of such section, as 
     added by subsection (a), shall take effect on the date of the 
     enactment of this Act and shall apply with respect to all 
     violations of the Servicemembers Civil Relief Act (50 U.S.C. 
     App. 501 et seq.), regardless of when the violations are 
     alleged to have occurred.

     SEC. 1623. INCREASE IN CIVIL PENALTIES FOR VIOLATION OF 
                   SERVICEMEMBERS CIVIL RELIEF ACT.

       (a) In General.--Section 801(b)(3) of the Servicemembers 
     Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended--
       (1) in subparagraph (A), by striking ``$55,000'' and 
     inserting ``$110,000''; and

[[Page S8275]]

       (2) in subparagraph (B), by striking ``$110,000'' and 
     inserting ``$220,000''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act and shall apply with respect to 
     violations of the Servicemembers Civil Relief Act (50 U.S.C. 
     App. 501 et seq.) that occur on or after such date.

                       Subtitle D--Other Matters

     SEC. 1631. CLERICAL AMENDMENTS.

       (a) In General.--The heading for section 305 of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 535) is 
     amended by striking ``RESIDENTIAL OR MOTOR VEHICLE LEASES'' 
     and inserting ``LEASES OF PREMISES OCCUPIED AND MOTOR 
     VEHICLES USED''.
       (b) Table of Contents.--The table of contents in section 
     1(b) of such Act (50 U.S.C. App. 501(b)) is amended by 
     striking the item relating to section 305 and inserting the 
     following new item:

``Sec. 305. Termination of leases of premises occupied and motor 
              vehicles used.''.
                                 ______
                                 
  SA 2326. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 1197, to authorize appropriations for 
fiscal year 2014 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of division A, add the following:

                       TITLE XVI--MILITARY VOTING

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``Protect Military and 
     Overseas Voters Act''.

    Subtitle A--Absent Uniformed Services Voters and Overseas Voters

     SEC. 1611. SHORT TITLE.

       This subtitle may be cited as the ``Absent Uniformed 
     Services Voters and Overseas Voters Act''.

     SEC. 1612. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING 
                   PURPOSES TO DEPENDENTS OF ABSENT MILITARY 
                   PERSONNEL.

       (a) In General.--Section 705 of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 595) is amended--
       (1) in the heading, by inserting ``AND DEPENDENTS'' after 
     ``SPOUSES''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Spouses and Dependents.--For the purposes of voting 
     for any Federal office (as defined in section 301 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or any 
     State or local office, a dependent of a person who is absent 
     from a State in compliance with military or naval orders 
     shall not, solely by reason of that person's absence and 
     without regard to whether or not such dependent is 
     accompanying that person--
       ``(1) be deemed to have lost a residence or domicile in 
     that State, without regard to whether or not the person 
     intends to return to that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to absences from States described in 
     section 705(b) of the Servicemembers Civil Relief Act (50 
     U.S.C. App. 595(b)), as amended by subsection (a), after the 
     date of the enactment of this Act, regardless of the date of 
     the military or naval order concerned.

     SEC. 1613. PRE-ELECTION REPORTS ON AVAILABILITY AND 
                   TRANSMISSION OF ABSENTEE BALLOTS.

       Section 102(c) of the Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff-1(c)) is amended to 
     read as follows:
       ``(c) Reports on Availability, Transmission, and Receipt of 
     Absentee Ballots.--
       ``(1) Pre-election report on absentee ballot 
     availability.--Not later than 55 days before any regularly 
     scheduled general election for Federal office, each State 
     shall submit a report to the Attorney General, the Election 
     Assistance Commission (hereafter in this subsection referred 
     to as the `Commission'), and the Presidential Designee, and 
     make that report publicly available that same day, certifying 
     that absentee ballots for the election are or will be 
     available for transmission to absent uniformed services 
     voters and overseas voters by not later than 46 days before 
     the election. The report shall be in a form prescribed by the 
     Attorney General, in consultation with the Commission, and 
     shall require the State to certify specific information about 
     ballot availability from each unit of local government which 
     will administer the election.
       ``(2) Pre-election report on absentee ballot 
     transmission.--Not later than 43 days before any regularly 
     scheduled general election for Federal office, each State 
     shall submit a report to the Attorney General, the 
     Commission, and the Presidential Designee, and make that 
     report publicly available that same day, certifying whether 
     all absentee ballots have been transmitted by not later than 
     46 days before the election to all qualified absent uniformed 
     services and overseas voters whose requests were received at 
     least 46 days before the election. The report shall be in a 
     form prescribed by the Attorney General, , in consultation 
     with the Commission, and shall require the State to certify 
     specific information about ballot transmission, including the 
     total numbers of ballot requests received and ballots 
     transmitted, from each unit of local government which will 
     administer the election.
       ``(3) Post-election report on number of absentee ballots 
     transmitted and received.--Not later than 90 days after the 
     date of each regularly scheduled general election for Federal 
     office, each State and unit of local government which 
     administered the election shall (through the State, in the 
     case of a unit of local government) submit a report to the 
     Attorney General, the Commission, and the Presidential 
     Designee on the combined number of absentee ballots 
     transmitted to absent uniformed services voters and overseas 
     voters for the election and the combined number of such 
     ballots which were returned by such voters and cast in the 
     election, and shall make such report available to the general 
     public that same day.''.

     SEC. 1614. ENFORCEMENT.

       (a) Availability of Civil Penalties and Private Rights of 
     Action.--Section 105 of the Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff--4) is amended to read 
     as follows:

     ``SEC. 105. ENFORCEMENT.

       ``(a) Action by Attorney General.--
       ``(1) In general.--The Attorney General may bring civil 
     action in an appropriate district court for such declaratory 
     or injunctive relief as may be necessary to carry out this 
     title.
       ``(2) Penalty.--In a civil action brought under paragraph 
     (1), if the court finds that the State violated any provision 
     of this title, it may, to vindicate the public interest, 
     assess a civil penalty against the State--
       ``(A) in an amount not to exceed $110,000 for each such 
     violation, in the case of a first violation; or
       ``(B) in an amount not to exceed $220,000 for each such 
     violation, for any subsequent violation.
       ``(3) Report to congress.--Not later than December 31 of 
     each year, the Attorney General shall submit to Congress an 
     annual report on any civil action brought under paragraph (1) 
     during the preceding year.
       ``(b) Private Right of Action.--A person who is aggrieved 
     by a State's violation of this title may bring a civil action 
     in an appropriate district court for such declaratory or 
     injunctive relief as may be necessary to carry out this 
     title.
       ``(c) State as Only Necessary Defendant.--In any action 
     brought under this section, the only necessary party 
     defendant is the State, and it shall not be a defense to any 
     such action that a local election official or a unit of local 
     government is not named as a defendant, notwithstanding that 
     a State has exercised the authority described in section 576 
     of the Military and Overseas Voter Empowerment Act to 
     delegate to another jurisdiction in the State any duty or 
     responsibility which is the subject of an action brought 
     under this section.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to violations alleged to have 
     occurred on or after the date of the enactment of this Act.

     SEC. 1615. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION 
                   RULE.

       (a) Repeal of Waiver Authority.--
       (1) In general.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff--1) is amended 
     by striking subsection (g).
       (2) Conforming amendment.--Section 102(a)(8)(A) of such Act 
     (42 U.S.C. 1973ff--1(a)(8)(A)) is amended by striking 
     ``except as provided in subsection (g),''.
       (b) Modification of Time-period to Avoid Weekend 
     Deadlines.--Section 102(a)(8) of such Act (42 U.S.C. 1973ff--
     1(a)(8)(A)) is amended by striking ``45 days'' each place it 
     appears and inserting ``46 days''.
       (c) Requiring Use of Express Delivery in Case of Failure to 
     Meet Requirement.--Section 102 of such Act (42 U.S.C. 
     1973ff--1), as amended by subsection (a), is amended by 
     inserting after subsection (f) the following new subsection:
       ``(g) Requiring Use of Express Delivery in Case of Failure 
     to Transmit Ballots Within Deadlines.--
       ``(1) Transmission of ballot by express delivery.--If a 
     State fails to meet the requirement of subsection (a)(8)(A) 
     to transmit a validly requested absentee ballot to an absent 
     uniformed services voter or overseas voter not later than 46 
     days before the election (in the case in which the request is 
     received at least 46 days before the election)--
       ``(A) the State shall transmit the ballot to the voter by 
     express delivery; or
       ``(B) in the case of a voter who has designated that 
     absentee ballots be transmitted electronically in accordance 
     with subsection (f)(1), the State shall transmit the ballot 
     to the voter electronically.
       ``(2) Special rule for transmission fewer than 40 days 
     before the election.--If, in carrying out paragraph (1), a 
     State transmits an absentee ballot to an absent uniformed 
     services voter or overseas voter fewer than 40 days before 
     the election, the State shall enable the ballot to be 
     returned by the voter by express delivery, except that in the 
     case of an absentee ballot of an absent uniformed services 
     voter for a regularly scheduled general election for Federal 
     office, the State may satisfy the requirement of this 
     paragraph by notifying the voter of the procedures for the 
     collection and delivery of such ballots under section 
     103A.''.

[[Page S8276]]

     SEC. 1616. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR 
                   SUBSEQUENT ELECTIONS.

       (a) In General.--Section 104 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended 
     to read as follows:

     ``SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT 
                   ELECTIONS.

       ``(a) In General.--If a State accepts and processes a 
     request for an absentee ballot by an absent uniformed 
     services voter or overseas voter and the voter requests that 
     the application be considered an application for an absentee 
     ballot for each subsequent election for Federal office held 
     in the State through the next regularly scheduled general 
     election for Federal office (including any runoff elections 
     which may occur as a result of the outcome of such general 
     election), the State shall provide an absentee ballot to the 
     voter for each such subsequent election.
       ``(b) Exception for Voters Changing Registration.--
     Subsection (a) shall not apply with respect to a voter 
     registered to vote in a State for any election held after the 
     voter notifies the State that the voter no longer wishes to 
     be registered to vote in the State or after the State 
     determines that the voter has registered to vote in another 
     State or is otherwise no longer eligible to vote in the 
     State.
       ``(c) Prohibition of Refusal of Application on Grounds of 
     Early Submission.--A State may not refuse to accept or to 
     process, with respect to any election for Federal office, any 
     otherwise valid voter registration application or absentee 
     ballot application (including the postcard form prescribed 
     under section 101) submitted by an absent uniformed services 
     voter or overseas voter on the grounds that the voter 
     submitted the application before the first date on which the 
     State otherwise accepts or processes such applications for 
     that election which are submitted by absentee voters who are 
     not members of the uniformed services or overseas 
     citizens.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to voter registration and absentee 
     ballot applications which are submitted to a State or local 
     election official on or after the date of the enactment of 
     this Act.

     SEC. 1617. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN 
                   MARIANA ISLANDS.

       Paragraph (6) and (8) of section 107 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(6)) 
     are each amended by striking ``and American Samoa'' and 
     inserting ``American Samoa, and the Commonwealth of the 
     Northern Mariana Islands''.

     SEC. 1618. EFFECTIVE DATE.

       Except as otherwise provided in this subtitle, the 
     amendments made by this subtitle shall apply with respect to 
     elections occurring on or after January 1, 2014.

              Subtitle B--Voter Registration Modernization

     SEC. 1621. SHORT TITLE.

       This subtitle may be cited as the ``Voter Registration 
     Modernization Act''.

     SEC. 1622. REQUIRING AVAILABILITY OF INTERNET FOR VOTER 
                   REGISTRATION.

       (a) Requiring Availability of Internet for Registration.--
     The National Voter Registration Act of 1993 (42 U.S.C. 1973gg 
     et seq.) is amended by inserting after section 6 the 
     following new section:

     ``SEC. 6A. INTERNET REGISTRATION.

       ``(a) Requiring Availability of Internet for Online 
     Registration.--
       ``(1) Availability of online registration.--Each State, 
     acting through the chief State election official, shall 
     ensure that the following services are available to the 
     public at any time on the official public websites of the 
     appropriate State and local election officials in the State, 
     in the same manner and subject to the same terms and 
     conditions as the services provided by voter registration 
     agencies under section 7(a):
       ``(A) Online application for voter registration.
       ``(B) Online assistance to applicants in applying to 
     register to vote.
       ``(C) Online completion and submission by applicants of the 
     mail voter registration application form prescribed by the 
     Election Assistance Commission pursuant to section 9(a)(2), 
     including assistance with providing a signature in electronic 
     form as required under subsection (c).
       ``(D) Online receipt of completed voter registration 
     applications.
       ``(b) Acceptance of Completed Applications.--A State shall 
     accept an online voter registration application provided by 
     an individual under this section, and ensure that the 
     individual is registered to vote in the State, if--
       ``(1) the individual meets the same voter registration 
     requirements applicable to individuals who register to vote 
     by mail in accordance with section 6(a)(1) using the mail 
     voter registration application form prescribed by the 
     Election Assistance Commission pursuant to section 9(a)(2); 
     and
       ``(2) the individual provides a signature in electronic 
     form in accordance with subsection (c) (but only in the case 
     of applications submitted during or after the second year in 
     which this section is in effect in the State).
       ``(c) Signatures in Electronic Form.--For purposes of this 
     section, an individual provides a signature in electronic 
     form by--
       ``(1) electronically signing the document in the manner 
     required by the State for purposes of submitting online 
     applications for voter registration before the date of the 
     enactment of this section;
       ``(2) executing a computerized mark in the signature field 
     on an online voter registration application; or
       ``(3) submitting with the application an electronic copy of 
     the individual's handwritten signature through electronic 
     means.
       ``(d) Confirmation and Disposition.--
       ``(1) Confirmation of receipt.--Upon the online submission 
     of a completed voter registration application by an 
     individual under this section, the appropriate State or local 
     election official shall send the individual a notice 
     confirming the State's receipt of the application and 
     providing instructions on how the individual may check the 
     status of the application.
       ``(2) Notice of disposition.--As soon as the appropriate 
     State or local election official has approved or rejected an 
     application submitted by an individual under this section, 
     the official shall send the individual a notice of the 
     disposition of the application.
       ``(3) Method of notification.--The appropriate State or 
     local election official shall send the notices required under 
     this subsection by regular mail, and, in the case of an 
     individual who has requested that the State provide voter 
     registration and voting information through electronic mail, 
     by both electronic mail and regular mail.
       ``(e) Provision of Services in Nonpartisan Manner.--The 
     services made available under subsection (a) shall be 
     provided in a manner that ensures that, consistent with 
     section 7(a)(5)--
       ``(1) the online application does not seek to influence an 
     applicant's political preference or party registration; and
       ``(2) there is no display on the website promoting any 
     political preference or party allegiance, except that nothing 
     in this paragraph may be construed to prohibit an applicant 
     from registering to vote as a member of a political party.
       ``(f) Protection of Security of Information.--In meeting 
     the requirements of this section, the State shall establish 
     appropriate technological security measures to prevent to the 
     greatest extent practicable any unauthorized access to 
     information provided by individuals using the services made 
     available under subsection (a).
       ``(g) Use of Additional Telephone-Based System.--A State 
     shall make the services made available online under 
     subsection (a) available through the use of an automated 
     telephone-based system, subject to the same terms and 
     conditions applicable under this section to the services made 
     available online, in addition to making the services 
     available online in accordance with the requirements of this 
     section.
       ``(h) Nondiscrimination Among Registered Voters Using Mail 
     and Online Registration.--In carrying out this Act, the Help 
     America Vote Act of 2002, or any other Federal, State, or 
     local law governing the treatment of registered voters in the 
     State or the administration of elections for public office in 
     the State, a State shall treat a registered voter who 
     registered to vote online in accordance with this section in 
     the same manner as the State treats a registered voter who 
     registered to vote by mail.''.
       (b) Treatment as Individuals Registering to Vote by Mail 
     for Purposes of First-time Voter Identification 
     Requirements.--Section 303(b)(1)(A) of the Help America Vote 
     Act of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended by striking 
     ``by mail'' and inserting ``by mail or online under section 
     6A of the National Voter Registration Act of 1993''.
       (c) Conforming Amendments.--
       (1) Timing of registration.--Section 8(a)(1) of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
     6(a)(1)) is amended--
       (A) by striking ``and'' at the end of subparagraph (C);
       (B) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (C) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) in the case of online registration through the 
     official public website of an election official under section 
     6A, if the valid voter registration application is submitted 
     online not later than the lesser of 30 days, or the period 
     provided by State law, before the date of the election (as 
     determined by treating the date on which the application is 
     sent electronically as the date on which it is submitted); 
     and''.
       (2) Informing applicants of eligibility requirements and 
     penalties.--Section 8(a)(5) of such Act (42 U.S.C. 1973gg-
     6(a)(5)) is amended by striking ``and 7'' and inserting ``6A, 
     and 7''.

     SEC. 1623. USE OF INTERNET TO UPDATE REGISTRATION 
                   INFORMATION.

       (a) In General.--
       (1) Updates to information contained on computerized 
     statewide voter registration list.--Section 303(a) of the 
     Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended 
     by adding at the end the following new paragraph:
       ``(6) Use of internet by registered voters to update 
     information.--
       ``(A) In general.--The appropriate State or local election 
     official shall ensure that any registered voter on the 
     computerized list may at any time update the voter's 
     registration information, including the voter's address and 
     electronic mail address, online through the official public 
     website of the election official responsible for the 
     maintenance of the list, so long as the voter attests to the 
     contents of the update by providing a

[[Page S8277]]

     signature in electronic form in the same manner required 
     under section 6A(c) of the National Voter Registration Act of 
     1993.
       ``(B) Processing of updated information by election 
     officials.--If a registered voter updates registration 
     information under subparagraph (A), the appropriate State or 
     local election official shall--
       ``(i) revise any information on the computerized list to 
     reflect the update made by the voter; and
       ``(ii) if the updated registration information affects the 
     voter's eligibility to vote in an election for Federal 
     office, ensure that the information is processed with respect 
     to the election if the voter updates the information not 
     later than the lesser of 7 days, or the period provided by 
     State law, before the date of the election.
       ``(C) Confirmation and disposition.--
       ``(i) Confirmation of receipt.--Upon the online submission 
     of updated registration information by an individual under 
     this paragraph, the appropriate State or local election 
     official shall send the individual a notice confirming the 
     State's receipt of the updated information and providing 
     instructions on how the individual may check the status of 
     the update.
       ``(ii) Notice of disposition.--As soon as the appropriate 
     State or local election official has accepted or rejected 
     updated information submitted by an individual under this 
     paragraph, the official shall send the individual a notice of 
     the disposition of the update.
       ``(iii) Method of notification.--The appropriate State or 
     local election official shall send the notices required under 
     this subparagraph by regular mail, and, in the case of an 
     individual who has requested that the State provide voter 
     registration and voting information through electronic mail, 
     by both electronic mail and regular mail.''.
       (2) Conforming amendment relating to effective date.--
     Section 303(d)(1)(A) of such Act (42 U.S.C. 15483(d)(1)(A)) 
     is amended by striking ``subparagraph (B)'' and inserting 
     ``subparagraph (B) and subsection (a)(6)''.
       (b) Ability of Registrant To Use Online Update To Provide 
     Information on Residence.--Section 8(d)(2)(A) of the National 
     Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(d)(2)(A)) 
     is amended--
       (1) in the first sentence, by inserting after ``return the 
     card'' the following: ``or update the registrant's 
     information on the computerized Statewide voter registration 
     list using the online method provided under section 303(a)(6) 
     of the Help America Vote Act of 2002''; and
       (2) in the second sentence, by striking ``returned,'' and 
     inserting the following: ``returned or if the registrant does 
     not update the registrant's information on the computerized 
     Statewide voter registration list using such online 
     method,''.

     SEC. 1624. STUDY ON BEST PRACTICES FOR INTERNET REGISTRATION.

       (a) In General.--The Director of the National Institute of 
     Standards and Technology shall conduct an ongoing study on 
     best practices for implementing the requirements for Internet 
     registration under section 6A of the National Voter 
     Registration Act of 1993 (as added by section 1622) and the 
     requirement to permit voters to update voter registration 
     information online under section 303(a)(6) of the Help 
     America Vote Act of 2002 (as added by section 1623).
       (b) Report.--
       (1) In general.--Not later than 4 months after the date of 
     the enactment of this Act, the Director of the National 
     Institute of Standards and Technology shall make publicly 
     available a report on the study conducted under subsection 
     (a).
       (2) Quadrennial update.--The Director of the National 
     Institute of Standards and Technology shall review and update 
     the report made under paragraph (1).
       (c) Use of Best Practices in EAC Voluntary Guidance.--
     Subsection (a) of section 311 of the Help America Vote Act of 
     2002 (42 U.S.C. 15501(a)) is amended by adding at the end the 
     following new sentence: ``Such voluntary guidance shall 
     utilize the best practices developed by the Director of the 
     National Institute of Standards and Technology under section 
     1624 of the Voter Registration Modernization Act for the use 
     of the Internet in voter registration.''.

     SEC. 1625. PROVISION OF ELECTION INFORMATION BY ELECTRONIC 
                   MAIL TO INDIVIDUALS REGISTERED TO VOTE.

       (a) Including Option on Voter Registration Application To 
     Provide E-Mail Address and Receive Information.--
       (1) In general.--Section 9(b) of the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg-7(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(5) shall include a space for the applicant to provide 
     (at the applicant's option) an electronic mail address, 
     together with a statement that, if the applicant so requests, 
     instead of using regular mail the appropriate State and local 
     election officials shall provide to the applicant, through 
     electronic mail sent to that address, the same voting 
     information (as defined in section 302(b)(2) of the Help 
     America Vote Act of 2002) which the officials would provide 
     to the applicant through regular mail.''.
       (2) Prohibiting use for purposes unrelated to official 
     duties of election officials.--Section 9 of such Act (42 
     U.S.C. 1973gg-7) is amended by adding at the end the 
     following new subsection:
       ``(c) Prohibiting Use of Electronic Mail Addresses for 
     Other Than Official Purposes.--The chief State election 
     official shall ensure that any electronic mail address 
     provided by an applicant under subsection (b)(5) is used only 
     for purposes of carrying out official duties of election 
     officials and is not transmitted by any State or local 
     election official (or any agent of such an official, 
     including a contractor) to any person who does not require 
     the address to carry out such official duties and who is not 
     under the direct supervision and control of a State or local 
     election official.''.
       (b) Requiring Provision of Information by Election 
     Officials.--Section 302(b) of the Help America Vote Act of 
     2002 (42 U.S.C. 15482(b)) is amended by adding at the end the 
     following new paragraph:
       ``(3) Provision of other information by electronic mail.--
     If an individual who is a registered voter has provided the 
     State or local election official with an electronic mail 
     address for the purpose of receiving voting information (as 
     described in section 9(b)(5) of the National Voter 
     Registration Act of 1993), the appropriate State or local 
     election official, through electronic mail transmitted not 
     later than 7 days before the date of the election involved, 
     shall provide the individual with information on how to 
     obtain the following information by electronic means:
       ``(A) The name and address of the polling place at which 
     the individual is assigned to vote in the election.
       ``(B) The hours of operation for the polling place.
       ``(C) A description of any identification or other 
     information the individual may be required to present at the 
     polling place.''.

     SEC. 1626. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY 
                   INFORMATION TO SHOW ELIGIBILITY TO VOTE.

       Section 8 of the National Voter Registration Act of 1993 
     (42 U.S.C. 1973gg-6) is amended--
       (1) by redesignating subsection (j) as subsection (k); and
       (2) by inserting after subsection (i) the following new 
     subsection:
       ``(j) Requirement for State To Register Applicants 
     Providing Necessary Information To Show Eligibility To 
     Vote.--For purposes meeting the requirement of subsection 
     (a)(1) that an eligible applicant is registered to vote in an 
     election for Federal office within the deadlines required 
     under such subsection, the State shall consider an applicant 
     to have provided a `valid voter registration form' if--
       ``(1) the applicant has accurately completed the 
     application form and attested to the statement required by 
     section 9(b)(2); and
       ``(2) in the case of an applicant who registers to vote 
     online in accordance with section 6A, the applicant provides 
     a signature in accordance with subsection (c) of such 
     section.''.

     SEC. 1627. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this subtitle (other than the amendments 
     made by section 1625) shall take effect January 1, 2016.
       (b) Waiver.--Subject to the approval of the Election 
     Assistance Commission, if a State certifies to the Election 
     Assistance Commission that the State will not meet the 
     deadline referred to in subsection (a) because of 
     extraordinary circumstances and includes in the certification 
     the reasons for the failure to meet the deadline, subsection 
     (a) shall apply to the State as if the reference in such 
     subsection to ``January 1, 2016'' were a reference to 
     ``January 1, 2018''.
                                 ______
                                 
  SA 2327. Mr. MANCHIN (for himself, Mr. Kirk, and Mr. Burr) submitted 
an amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. CONSOLIDATED AND COORDINATED FEDERAL GOVERNMENT 
                   INTERNET PORTAL TO CONNECT CURRENT AND FORMER 
                   MEMBERS OF THE ARMED FORCES WITH EMPLOYERS 
                   SEEKING EMPLOYEES WITH SKILLS AND EXPERIENCE 
                   DEVELOPED THROUGH MILITARY SERVICE.

       (a) Findings.--Congress makes the following findings:
       (1) Although significant progress has been made, 
     unemployment among veterans remains stubbornly high.
       (2) The unemployment rate among younger veterans, ages 18 
     to 24, remains well above the national average.
       (3) This problem impacts the Department of Defense budget. 
     Over the past 10 years, the Federal Government has expended 
     more than $9,600,000,000 on unemployment compensation 
     benefits for former members of the Armed Forces.
       (4) The Department makes significant investments in members 
     of the Armed Forces including specialized technical training 
     in skills that are easily transferrable to civilian career 
     fields.

[[Page S8278]]

       (5) Beyond specific technical training, veterans gain 
     unique leadership, organizational, and other skills that make 
     them valued employees in the private sector.
       (6) Government agencies, private sector entities, and 
     nonprofit organizations are responding to the issue of 
     unemployment among veterans.
       (7) There are now so many programs to assist veterans in 
     finding employment, many within the Government, that veterans 
     may not know where to seek assistance in finding employment. 
     While these programs are well intentioned, many are 
     duplicative in nature, and compete for scarce resources.
       (8) The Department of Labor, the Department of Veterans 
     Affairs, the Department Defense, and the Office of Personnel 
     Management are currently working to consolidate the veterans 
     employment initiatives of the Government into a single, 
     consolidated Internet portal with the goal of connecting 
     veterans who are seeking employment with employers who want 
     to employ them.
       (9) The consolidated portal will prevent Federal Government 
     agencies from competing with each other to accomplish the 
     same goal, and will save the Federal Government money while 
     providing a comprehensive, coordinated tool for employers and 
     veterans seeking employment.
       (10) The Federal Government can accomplish this by 
     leveraging the best practices of current programs.
       (11) While progress has been made, there is no statutory 
     requirement to streamline these Government programs and 
     coordinate the resources that are all intended to achieve the 
     same goal.
       (b) Consolidated Internet Portal Required.--Commencing not 
     later than one year after the date of the enactment of this 
     Act, the Secretary of Labor shall, in conjunction with the 
     Secretary of Defense, the Secretary of Veterans Affairs, and 
     organizations concerned with veterans resources, consolidate 
     Internet portals of the Federal Government on employment for 
     current and former members of the Armed Forces into a 
     comprehensive consolidated Internet portal within a single 
     existing platform or system for the purposes of connecting 
     current and former members of the Armed Forces who are 
     seeking employment with employers who want to employ them.
       (c) Elements.--
       (1) In general.--The consolidated Internet portal under 
     subsection (b) should include the following:
       (A) A means through which current and former members of the 
     Armed Forces may connect for employment purposes with 
     employers seeking the experience and skills developed during 
     service in the Armed Forces, including a means of presenting 
     a profile of each member or former member to employers that 
     includes, at a minimum--
       (i) the skills obtained by such member or former member 
     during service in the Armed Forces and additional skills such 
     member or former member is interested in pursuing; and
       (ii) the current or intended residence of such member or 
     former member (including an option for members or former 
     members who are willing to reside in various locations).
       (B) A means of permitting qualified prospective employers 
     to post employment openings and seek contact with members or 
     former members based on their profile for the purposes of 
     requesting the initiation of arrangements or negotiations 
     concerning potential employment.
       (C) A means of presenting other employment resources, 
     including resume preparation, to members or former members 
     seeking employment.
       (2) Matters considered.--In developing the consolidated 
     Internet portal, the Secretaries referred to in subsection 
     (b) should consider, at a minimum, the following:
       (A) Public and private sector resources on matters relating 
     to the portal.
       (B) Opportunities to incorporate local employment networks 
     into the portal.
       (C) Methodologies to determine the most effective 
     employment resources and programs to be incorporated into the 
     portal.
       (D) Means for streamlining processes through the portal for 
     employers to find and employ former members of the Armed 
     Forces.
       (d) Member Participation.--
       (1) In general.--Participation in the consolidated Internet 
     portal under subsection (b) shall be limited to members of 
     the National Guard and Reseves, members of the Armed Forces 
     on active duty who are transitioning from military service to 
     civilian life, former members of the Armed Forces, and 
     veterans.
       (2) Voluntary.--Participation by a member or former member 
     of the Armed Forces described in paragraph (1) in the 
     consolidated Internet portal shall be voluntary. A member or 
     former member participating in the portal may cease 
     participation in the portal at any time.
       (e) Reports by Implementing Secretaries.--
       (1) Preliminary report.--Not later than six months after 
     the date of the enactment of this Act, the Secretaries shall 
     submit to the appropriate committees of Congress a report on 
     the consolidated Internet portal under subsection (b). The 
     report shall include the following:
       (A) A list of the Internet portals of the Federal 
     Government that are redundant to, or duplicative of, the 
     consolidated Internet portal.
       (B) An estimate of the cost-savings to be achieved by the 
     Federal Government through the consolidated Internet portal, 
     including through the elimination or consolidation into the 
     consolidated Internet portal of the Internet portals listed 
     under subparagraph (A).
       (2) Report following implementation of portal.--Not later 
     than one year after the date of the implementation of the 
     consolidated Internet portal under subsection (b), the 
     Secretaries shall submit to the appropriate committees of 
     Congress a report on the portal.
       (3) Elements.--Each report under this subsection shall 
     include a description of the consolidated Internet portal and 
     such other information on the portal as the Secretaries 
     consider appropriate.
       (f) Comptroller General Report.--
       (1) In general.--Not later than 540 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the appropriate committees of 
     Congress a report on the elimination by Federal agencies of 
     Internet portals that are redundant to, or duplicative of, 
     the consolidated Internet portal under subsection (b).
       (2) Elements.--The report shall include the following:
       (A) The list of the internet portals of the Federal 
     Government at the time of the implementation of the 
     consolidated Internet portal that are determined by the 
     Comptroller General to have been redundant to, or duplicative 
     of, the consolidated Internet portal.
       (B) An assessment whether the list of internet portals 
     under subsection (f)(1)(A) encompassed all the Internet 
     portals of the Federal Government that were redundant to, or 
     duplicative of, the consolidated Internet portal.
       (C) An assessment of the actions taken by Federal agencies 
     to eliminate Internet portals that were redundant to, or 
     duplicative of, the consolidated Internet portal.
       (D) A list of Internet portals of the Federal Government 
     determined to be redundant to, or duplicative of the 
     consolidated Internet portal that have yet to be eliminated 
     by Federal agencies as of the date of the report.
       (g) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Health, Education, Labor, and Pensions, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Education and the Workforce, the Committee on Veterans' 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 2328. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 547. SEXUAL ASSAULT FORENSIC EXAMINERS.

       (a) Personnel Eligible for Assignment.--
       (1) In general.--Except as provided in paragraph (2), the 
     only individuals who may be assigned to duty as a sexual 
     assault forensic examiner (SAFE) for the Armed Forces, and 
     for any dependents of members of the Armed Forces or civilian 
     employees of the Department of Defense who are eligible for 
     sexual assault forensic examinations through the Department 
     of Defense, shall be members of the Armed Forces and civilian 
     personnel of the Department of Defense or Department of 
     Homeland Security who are as follows:
       (A) Physicians.
       (B) Nurse practitioners.
       (C) Nurse midwives.
       (D) Physician assistants.
       (E) Registered nurses.
       (2) Independent duty corpsmen.--An independent duty 
     corpsman or equivalent may be assigned to duty as a sexual 
     assault forensic examiner for individuals described in 
     paragraph (1) if no individual provided for in that paragraph 
     is otherwise available for assignment to such duty.
       (b) Availability of Examiners.--
       (1) In general.--The Secretary concerned shall ensure the 
     availability of an adequate number of sexual assault forensic 
     examiners for individuals described in subsection (a)(1) 
     through the following:
       (A) Assignment of at least one sexual assault forensic 
     examiner at each military medical treatment facility under 
     the jurisdiction of such Secretary, whether in the United 
     States or overseas.
       (B) If assignment as described in subparagraph (A) is 
     infeasible or impracticable, entry into agreements with local 
     licensed and accredited medical facilities, whether 
     Governmental or otherwise, with the resources for the 
     provision of sexual assault forensic examinations for such 
     individuals.
       (2) Naval vessels.--The Secretary concerned shall ensure 
     the availability of an adequate number of sexual assault 
     forensic

[[Page S8279]]

     examiners for naval vessels through the assignment of at 
     least one sexual assault forensic examiner for each naval 
     vessel having a regular complement of more than 100 
     personnel.
       (c) Training and Certification.--
       (1) In general.--Commencing not later than one year after 
     the date of the enactment of this Act, the Secretary 
     concerned shall ensure that all sexual assault forensic 
     examiners under the jurisdiction of such Secretary have 
     completed the requirements of the training program specified 
     in subparagraphs (A) and (B) of paragraphs (2), and shall 
     establish a mechanism to ensure compliance with the ongoing 
     training requirements in subparagraphs (C) and (D) of that 
     paragraph. The requirements shall apply uniformly to all 
     sexual assault forensic examiners under the jurisdiction of 
     the Secretaries.
       (2) Elements.--Each training program under this subsection 
     shall include the following:
       (A) Training in sexual assault forensic examinations by 
     qualified personnel who--
       (i) is a certified sexual assault forensic examiner; or
       (ii) possesses training and clinical or forensic experience 
     in sexual assault forensic examinations similar to that of a 
     certified sexual assault forensic examiner.
       (B) A minimum of 40 hours of coursework for participants in 
     sexual assault forensic examinations of adults and 
     adolescents.
       (C) Clinical mentoring to ensure continuing competency.
       (D) Guidelines for continuing education.
       (3) Nature of training.--The Secretary concerned shall 
     ensure that the training provided incorporates and reflects 
     best practices and standards on sexual assault forensic 
     examinations.
       (4) Sense of congress on certification.--It is the sense of 
     Congress that each participant who successfully completes all 
     training required under the training program should obtain a 
     sexual assault forensic examiner certification by not later 
     than five years after completion of such training.
       (5) Examiners under agreements.--Any individual providing 
     sexual assault forensic examinations for the Armed Forces 
     under an agreement under subsection (b)(1)(B) shall, to the 
     extent practicable, possess the training and experience 
     required for certification under the training program.
       (d) Secretary Concerned Defined.--In this section, the term 
     ``Secretary concerned'' means--
       (1) the Secretary of Defense with respect to matters 
     concerning the Department of Defense; and
       (2) the Secretary of Homeland Security with respect to 
     matters concerned the Coast Guard when it is not operating as 
     a service in the Navy.
                                 ______
                                 
  SA 2329. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1208. SUPPORT FOR INTERNATIONAL CRIMINAL TRIBUNAL 
                   PROSECUTION OF GENOCIDE, CRIMES AGAINST 
                   HUMANITY, AND WAR CRIMES.

       Section 705 of the Foreign Relations Authorization Act, 
     Fiscal Years 2001 (22 U.S.C. 7401) is amended--
       (1) by striking subsection (b); and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Limitation.--
       ``(1) In general.--Funds authorized to be appropriated by 
     this or any other Act may be made available for training and 
     technical assistance for, and professional and in-kind 
     support of, international and hybrid criminal tribunals in 
     their investigations, apprehensions, and prosecutions of 
     Joseph Kony, Omar al-Bashir, Bashar al-Assad, and other high-
     profile, non-allied foreign nationals who are accused of 
     genocide, crimes against humanity, or war crimes.
       ``(2) Consultation.--The Secretary of State shall consult 
     with the appropriate congressional committees on the specific 
     types of assistance and support to be provided under 
     paragraph (1).''.
                                 ______
                                 
  SA 2330. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. EX GRATIA PAYMENTS TO LOCAL MILITARY COMMANDERS.

       (a) In General.--The Secretary of Defense may, under such 
     regulations as the Secretary may prescribe, make available 
     amounts to local military commanders appointed by the 
     Secretary, or by an officer or employee designated by the 
     Secretary, to provide at their discretion ex gratia payments 
     in amounts consistent with subsection (d) for damage, 
     personal injury, or death that is incident to combat 
     operations of the Armed Forces in a foreign country.
       (b) Conditions.--An ex gratia payment under this section 
     may be provided only if--
       (1) the prospective foreign civilian recipient is 
     determined by the local military commander to be friendly to 
     the United States;
       (2) a claim for damages would not be compensable under 
     chapter 163 of title 10, United States Code (commonly known 
     as the ``Foreign Claims Act''); and
       (3) the property damage, personal injury, or death was not 
     caused by action by an enemy.
       (c) Nature of Payments.--Any payments provided under a 
     program under subsection (a) shall not be considered an 
     admission or acknowledgment of any legal obligation to 
     compensate for any damage, personal injury, or death.
       (d) Amount of Payments.--If the Secretary of Defense 
     determines a program under subsection (a) to be appropriate 
     in a particular setting, the amounts of payments, if any, to 
     be provided to civilians determined to have suffered harm 
     incident to combat operations of the Armed Forces under the 
     program should be determined pursuant to regulations 
     prescribed by the Secretary and based on an assessment, which 
     should include such factors as cultural appropriateness and 
     prevailing economic conditions.
       (e) Legal Advice.--Local military commanders shall receive 
     legal advice before making ex gratia payments under this 
     subsection. The legal advisor, under regulations of the 
     Department of Defense, shall advise on whether an ex gratia 
     payment is proper under this section and applicable 
     Department of Defense regulations.
       (f) Written Record.--A written record of any ex gratia 
     payment offered or denied shall be kept by the local 
     commander and on a timely basis submitted to the appropriate 
     office in the Department of Defense as determined by the 
     Secretary of Defense.
       (g) Report.--The Secretary of Defense shall report to the 
     congressional defense committees on an annual basis the 
     efficacy of the ex gratia payment program including the 
     number of types of cases considered, amounts offered, the 
     response from ex gratia payment recipients, and any 
     recommended modifications to the program.
                                 ______
                                 
  SA 2331. Mr. MENENDEZ (for himself and Mr. Corker) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of division A, add the following:

                      TITLE XVI--EMBASSY SECURITY

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``Chris Stevens, Sean Smith, 
     Tyrone Woods, and Glen Doherty Embassy Security, Threat 
     Mitigation, and Personnel Protection Act of 2013''.

     SEC. 1602. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Facilities.--The term ``facilities'' encompasses 
     embassies, consulates, expeditionary diplomatic facilities, 
     and any other diplomatic facilities, not in the United 
     States, including those that are intended for temporary use.

        Subtitle A--Funding Authorization and Transfer Authority

     SEC. 1611. CAPITAL SECURITY COST SHARING PROGRAM.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for fiscal year 2014 for the Department of 
     State $1,383,000,000, to be available until expended, for the 
     Capital Security Cost Sharing Program, authorized by section 
     604(e) of the Secure Embassy Construction and 
     Counterterrorism Act of 1999 (title VI of division A of H.R. 
     3427, as enacted into law by section 1000(a)(7) of Public Law 
     106-113; 113 Stat. 1501A-453; 22 U.S.C. 4865 note).
       (b) Sense of Congress on the Capital Security Cost Sharing 
     Program.--It is the sense of Congress that--
       (1) the Capital Security Cost Sharing Program should 
     prioritize the construction of new facilities and the 
     maintenance of existing facilities in high threat, high risk 
     areas in addition to addressing immediate threat mitigation 
     as set forth in section 1612, and should take into 
     consideration the priorities of other government agencies 
     that are contributing to the Capital Security Cost Sharing 
     Program when replacing or upgrading diplomatic facilities; 
     and
       (2) all United States Government agencies are required to 
     pay into the Capital Security

[[Page S8280]]

     Cost Sharing Program a percentage of total costs determined 
     by interagency agreements, in order to address immediate 
     threat mitigation needs and increase funds for the Capital 
     Security Cost Sharing Program for fiscal year 2014, including 
     to address inflation and increased construction costs.
       (c) Restriction on Construction of Office Space.--Section 
     604(e)(2) of the Secure Embassy Construction and 
     Counterterrorism Act of 1999 (title VI of division A of H.R. 
     3427, as enacted into law by section 1000(a)(7) of Public Law 
     106-113; 113 Stat. 1501A-453; 22 U.S.C. 4865 note) is amended 
     by adding at the end the following: ``A project to construct 
     a diplomatic facility of the United States may not include 
     office space or other accommodations for an employee of a 
     Federal agency or department if the Secretary of State 
     determines that such department or agency has not provided to 
     the Department of State the full amount of funding required 
     by paragraph (1), except that such project may include office 
     space or other accommodations for members of the United 
     States Marine Corps.''.

     SEC. 1612. IMMEDIATE THREAT MITIGATION.

       (a) Allocation of Authorized Appropriations.--In addition 
     to any funds otherwise made available for such purposes, the 
     Department of State shall, notwithstanding any other 
     provision of law except as provided in subsection (d), use 
     $300,000,000 of the funding provided in section 1611 for 
     immediate threat mitigation projects, with priority given to 
     facilities determined to be ``high threat, high risk'' 
     pursuant to section 1642.
       (b) Allocation of Funding.--In allocating funding for 
     threat mitigation projects, the Secretary of State shall 
     prioritize funding for--
       (1) the construction of safeguards that provide immediate 
     security benefits;
       (2) the purchasing of additional security equipment, 
     including additional defensive weaponry;
       (3) the paying of expenses of additional security forces, 
     with an emphasis on funding United States security forces 
     where practicable; and
       (4) any other purposes necessary to mitigate immediate 
     threats to United States personnel serving overseas.
       (c) Transfer.--The Secretary may transfer and merge funds 
     authorized under subsection (a) to any appropriation account 
     of the Department of State for the purpose of carrying out 
     the threat mitigation projects described in subsection (b).
       (d) Use of Funds for Other Purposes.--Notwithstanding the 
     allocation requirement under subsection (a), funds subject to 
     such requirement may be used for other authorized purposes of 
     the Capital Security Cost Sharing Program if, not later than 
     15 days prior to such use, the Secretary certifies in writing 
     to the appropriate congressional committees that--
       (1) high threat, high risk facilities are being secured to 
     the best of the United States Government's ability; and
       (2) the Secretary of State will make funds available from 
     the Capital Security Cost Sharing Program or other sources to 
     address any changed security threats or risks, or new or 
     emergent security needs, including immediate threat 
     mitigation.

     SEC. 1613. LANGUAGE TRAINING.

       (a) In General.--Title IV of the Omnibus Diplomatic 
     Security and Antiterrorism Act of 1986 (22 U.S.C. 4851 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 416. LANGUAGE REQUIREMENTS FOR DIPLOMATIC SECURITY 
                   PERSONNEL ASSIGNED TO HIGH THREAT, HIGH RISK 
                   POSTS.

       ``(a) In General.--Diplomatic security personnel assigned 
     permanently to, or who are serving in, long-term temporary 
     duty status as designated by the Secretary of State at a high 
     threat, high risk post should receive language training 
     described in subsection (b) in order to prepare such 
     personnel for duty requirements at such post.
       ``(b) Language Training Described.--Language training 
     referred to in subsection (a) should prepare personnel 
     described in such subsection--
       ``(1) to speak the language at issue with sufficient 
     structural accuracy and vocabulary to participate effectively 
     in most formal and informal conversations on subjects germane 
     to security; and
       ``(2) to read within an adequate range of speed and with 
     almost complete comprehension on subjects germane to 
     security.''.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 annually for fiscal years 2014 
     and 2015 to carry out this section.
       (c) Inspector General Review.--The Inspector General of the 
     Department of State and Broadcasting Board of Governors 
     shall, at the end of fiscal years 2014 and 2015, review the 
     language training conducted pursuant to this section and make 
     the results of such reviews available to the Secretary of 
     State and the appropriate congressional committees.

     SEC. 1614. FOREIGN AFFAIRS SECURITY TRAINING.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) Department of State employees and their families 
     deserve improved and efficient programs and facilities for 
     high threat training and training on risk management decision 
     processes;
       (2) improved and efficient high threat, high risk training 
     is consistent with the Benghazi Accountability Review Board 
     (ARB) recommendation number 17;
       (3) improved and efficient security training should take 
     advantage of training synergies that already exist, like 
     training with, or in close proximity to, Fleet Antiterrorism 
     Security Teams (FAST), special operations forces, or other 
     appropriate military and security assets; and
       (4) the Secretary of State should undertake temporary 
     measures, including leveraging the availability of existing 
     government and private sector training facilities, to the 
     extent appropriate to meet the critical security training 
     requirements of the Department of State.
       (b) Authorization of Appropriations for Immediate Security 
     Training for High Threat, High Risk Environments.--There is 
     authorized to be appropriated for the Department of State 
     $100,000,000 for improved immediate security training for 
     high threat, high risk security environments, including 
     through the utilization of government or private sector 
     facilities to meet critical security training requirements.
       (c) Additional Authorization of Appropriations for Long-
     term Security Training for High Threat, High Risk 
     Environments.--
       (1) In general.--There is authorized to be appropriated 
     $350,000,000 for the acquisition, construction, and operation 
     of a new Foreign Affairs Security Training Center or 
     expanding existing government training facilities, subject to 
     the certification requirement in paragraph (2).
       (2) Required certification.--Not later than 15 days prior 
     to the obligation or expenditure of any funds authorized to 
     be appropriated pursuant to paragraph (1), the President 
     shall certify to the appropriate congressional committees 
     that the acquisition, construction, and operation of a new 
     Foreign Affairs Security Training Center, or the expansion of 
     existing government training facilities, is necessary to meet 
     long-term security training requirements for high threat, 
     high risk environments.
       (3) Effect of certification.--If the certification in 
     paragraph (2) is made--
       (A) up to $100,000,000 of the funds authorized to be 
     appropriated under subsection (b) shall also be authorized 
     for the purposes set forth in paragraph (1); or
       (B) up to $100,000,000 of funds available for the 
     acquisition, construction, or operation of Department of 
     State facilities may be transferred and used for the purposes 
     set forth in paragraph (1).
       (d) Use of Funds Appropriated Under the American 
     Reinvestment and Recovery Act of 2009.--Of the funds 
     appropriated to the Department of State under title XI of the 
     American Reinvestment and Recovery Act of 2009 (Public Law 
     111-5), $54,545,177 is to remain available until September 
     30, 2016, for activities consistent with subsections (b) and 
     (c).

     SEC. 1615. TRANSFER AUTHORITY.

       Section 4 of the Foreign Service Buildings Act of 1926 (22 
     U.S.C. 295) is amended by adding at the end the following new 
     subsections:
       ``(j)(1) In addition to exercising any other transfer 
     authority available to the Secretary of State, and subject to 
     subsection (k), the Secretary may transfer to, and merge 
     with, any appropriation for embassy security, construction, 
     and maintenance such amounts appropriated for any other 
     purpose related to diplomatic and consular programs on or 
     after October 1, 2013, as the Secretary determines are 
     necessary to provide for the security of sites and buildings 
     in foreign countries under the jurisdiction and control of 
     the Secretary.
       ``(2) Any funds transferred under the authority provided in 
     paragraph (1) shall be merged with funds in the heading to 
     which transferred, and shall be available subject to the same 
     terms and conditions as the funds with which merged.
       ``(k) Not later than 15 days before any transfer of funds 
     under subsection (j), the Secretary shall notify the 
     Committees on Foreign Relations and Appropriations of the 
     Senate and the Committees on Foreign Affairs and 
     Appropriations of the House of Representatives.''.

               Subtitle B--Contracting and Other Matters

     SEC. 1621. LOCAL GUARD CONTRACTS ABROAD UNDER DIPLOMATIC 
                   SECURITY PROGRAM.

       (a) In General.--Section 136(c)(3) of the Foreign Relations 
     Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 
     4864(c)(3)) is amended to read as follows:
       ``(3) in evaluating proposals for such contracts, award 
     contracts to technically acceptable firms offering the lowest 
     evaluated price, except that--
       ``(A) the Secretary may award contracts on the basis of 
     best value (as determined by a cost-technical tradeoff 
     analysis); and
       ``(B) proposals received from United States persons and 
     qualified United States joint venture persons shall be 
     evaluated by reducing the bid price by 10 percent;''.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report that includes--
       (1) an explanation of the implementation of paragraph (3) 
     of section 136(c) of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991, as amended by subsection (a); and
       (2) for each instance in which an award is made pursuant to 
     subparagraph (A) of such paragraph, as so amended, a written 
     justification and approval, providing the basis

[[Page S8281]]

     for such award and an explanation of the inability to satisfy 
     the needs of the Department of State by technically 
     acceptable, lowest price evaluation award.

     SEC. 1622. DISCIPLINARY ACTION RESULTING FROM UNSATISFACTORY 
                   LEADERSHIP IN RELATION TO A SECURITY INCIDENT.

       Section 304(c) of the Diplomatic Security Act (22 U.S.C. 
     4834 (c)) is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively, and moving 
     such subparagraphs, as so redesignated, 2 ems to the right;
       (2) by striking ``recommendations'' and inserting the 
     following: ``recommendations.--
       ``(1) In general.--Whenever''; and
       (3) by inserting at the end the following new paragraph:
       ``(2) Certain security incidents.--Unsatisfactory 
     leadership by a senior official with respect to a security 
     incident involving loss of life, serious injury, or 
     significant destruction of property at or related to a United 
     States Government mission abroad may be grounds for 
     disciplinary action. If a Board finds reasonable cause to 
     believe that a senior official provided such unsatisfactory 
     leadership, the Board may recommend disciplinary action 
     subject to the procedures in paragraph (1).''.

     SEC. 1623. MANAGEMENT AND STAFF ACCOUNTABILITY.

       (a) Authority of Secretary of State.--Nothing in this title 
     or any other provision of law shall be construed to prevent 
     the Secretary of State from using all authorities invested in 
     the office of Secretary to take personnel action against any 
     employee or official of the Department of State that the 
     Secretary determines has breached the duty of that individual 
     or has engaged in misconduct or unsatisfactorily performed 
     the duties of employment of that individual, and such 
     misconduct or unsatisfactory performance has significantly 
     contributed to the serious injury, loss of life, or 
     significant destruction of property, or a serious breach of 
     security, even if such action is the subject of an 
     Accountability Review Board's examination under section 
     304(a) of the Diplomatic Security Act (22 U.S.C. 4834(a)).
       (b) Accountability.--Section 304 of the Diplomatic Security 
     Act (22 U.S.C. 4834) is amended--
       (1) in subsection (c), by inserting after ``breached the 
     duty of that individual'' the following: ``or has engaged in 
     misconduct or unsatisfactorily performed the duties of 
     employment of that individual, and such misconduct or 
     unsatisfactory performance has significantly contributed to 
     the serious injury, loss of life, or significant destruction 
     of property, or the serious breach of security that is the 
     subject of the Board's examination as described in subsection 
     (a),'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Management Accountability.--Whenever a Board 
     determines that an individual has engaged in any conduct 
     addressed in subsection (c), the Board shall evaluate the 
     level and effectiveness of management and oversight conducted 
     by employees or officials in the management chain of such 
     individual.''.

     SEC. 1624. SECURITY ENHANCEMENTS FOR SOFT TARGETS.

       Section 29 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2701) is amended in the third sentence by 
     inserting ``physical security enhancements and'' after ``Such 
     assistance may include''.

     SEC. 1625. REEMPLOYMENT OF ANNUITANTS.

       Section 824(g) of the Foreign Service Act of 1980 (22 
     U.S.C. 4064(g)) is amended--
       (1) in paragraph (1)(B), by striking ``to facilitate the'' 
     and all that follows through ``Afghanistan, if'' and 
     inserting ``to facilitate the assignment of persons to high 
     threat, high risk posts or to posts vacated by members of the 
     Service assigned to high threat, high risk posts, if'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) The Secretary shall submit to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives a report on the 
     incurred costs over the prior fiscal year of the total 
     compensation and benefit payments to annuitants reemployed by 
     the Department pursuant to this section.''; and
       (3) by adding after paragraph (3) the following paragraphs:
       ``(4) In the event that an annuitant qualified for 
     compensation or payments pursuant to this subsection 
     subsequently transfers to a position for which the annuitant 
     would not qualify for a waiver under this subsection, the 
     Secretary may no longer waive the application of subsections 
     (a) through (d) with respect to such annuitant.
       ``(5) The authority of the Secretary to waive the 
     application of subsections (a) through (d) for an annuitant 
     pursuant to this subsection shall terminate on October 1, 
     2019.''.

  Subtitle C--Expansion of the Marine Corps Security Guard Detachment 
                                Program

     SEC. 1631. MARINE CORPS SECURITY GUARD PROGRAM.

       (a) In General.--Pursuant to the responsibility of the 
     Secretary of State for diplomatic security under section 103 
     of the Diplomatic Security Act (22 U.S.C. 4802), the 
     Secretary of State, in consultation with the Secretary of 
     Defense, shall--
       (1) develop and implement a plan to incorporate the 
     additional Marine Corps Security Guard personnel authorized 
     pursuant to section 404 of the National Defense Authorization 
     Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 5983 
     note) at United States embassies, consulates, and other 
     facilities; and
       (2) conduct an annual review of the Marine Corps Security 
     Guard Program, including--
       (A) an evaluation of whether the size and composition of 
     the Marine Corps Security Guard Program is adequate to meet 
     global diplomatic security requirements;
       (B) an assessment of whether Marine Corps security guards 
     are appropriately deployed among facilities to respond to 
     evolving security developments and potential threats to 
     United States interests abroad; and
       (C) an assessment of the mission objectives of the Marine 
     Corps Security Guard Program and the procedural rules of 
     engagement to protect diplomatic personnel under the Program.
       (b) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and annually 
     thereafter for three years, the Secretary of State, in 
     consultation with the Secretary of Defense, shall submit to 
     the appropriate congressional committees an unclassified 
     report, with a classified annex as necessary, that addresses 
     the requirements set forth in subsection (a)(2).

   Subtitle D--Reporting on the Implementation of the Accountability 
                      Review Board Recommendations

     SEC. 1641. DEPARTMENT OF STATE IMPLEMENTATION OF THE 
                   RECOMMENDATIONS PROVIDED BY THE ACCOUNTABILITY 
                   REVIEW BOARD CONVENED AFTER THE SEPTEMBER 11-
                   12, 2012, ATTACKS ON UNITED STATES GOVERNMENT 
                   PERSONNEL IN BENGHAZI, LIBYA.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees an 
     unclassified report, with a classified annex, on the 
     implementation by the Department of State of the 
     recommendations of the Accountability Review Board convened 
     pursuant to title III of the Omnibus Diplomatic and 
     Antiterrorism Act of 1986 (22 U.S.C. 4831 et seq.) to examine 
     the facts and circumstances surrounding the September 11-12, 
     2012, killings of four United States Government personnel in 
     Benghazi, Libya.
       (b) Content.--The report required under subsection (a) 
     shall include the following elements:
       (1) An assessment of the overall state of the Department of 
     State's diplomatic security to respond to the evolving global 
     threat environment, and the broader steps the Department of 
     State is taking to improve the security of United States 
     diplomatic personnel in the aftermath of the Accountability 
     Review Board Report.
       (2) A description of the specific steps taken by the 
     Department of State to address each of the 29 recommendations 
     contained in the Accountability Review Board Report, 
     including--
       (A) an assessment of whether implementation of each 
     recommendation is ``complete'' or is still ``in progress''; 
     and
       (B) if the Secretary of State determines not to fully 
     implement any of the 29 recommendations in the Accountability 
     Review Board Report, a thorough explanation as to why such a 
     decision was made.
       (3) An enumeration and assessment of any significant 
     challenges that have slowed or interfered with the Department 
     of State's implementation of the Accountability Review Board 
     recommendations, including--
       (A) a lack of funding or resources made available to the 
     Department of State;
       (B) restrictions imposed by current law that in the 
     Secretary of State's judgment should be amended; and
       (C) difficulties caused by a lack of coordination between 
     the Department of State and other United States Government 
     agencies.

     SEC. 1642. DESIGNATION AND REPORTING FOR HIGH THREAT, HIGH 
                   RISK FACILITIES.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State, in consultation with the Director of 
     National Intelligence and the Secretary of Defense, shall 
     submit to the Committee on Foreign Relations, the Select 
     Committee on Intelligence, and the Committee on Armed 
     Services of the Senate and the Committee on Foreign Affairs, 
     the Permanent Select Committee on Intelligence, and the 
     Committee on Armed Services of the House of Representatives a 
     classified report, with an unclassified summary, evaluating 
     Department of State facilities that the Secretary of State 
     determines to be ``high threat, high risk'' in accordance 
     with subsection (c).
       (b) Content.--For each facility determined to be ``high 
     threat, high risk'' pursuant to subsection (a), the report 
     submitted under such subsection shall also include--
       (1) a narrative assessment describing the security threats 
     and risks facing posts overseas and the overall threat level 
     to United States personnel under chief of mission authority;
       (2) the number of diplomatic security personnel, Marine 
     Corps security guards, and other Department of State 
     personnel dedicated to providing security for United States 
     personnel, information, and facilities;
       (3) an assessment of host nation willingness and capability 
     to provide protection in the event of a security threat or 
     incident, pursuant to the obligations of the United States 
     under the Vienna Convention on Consular Relations, done at 
     Vienna April 24,

[[Page S8282]]

     1963, and the 1961 Vienna Convention on Diplomatic Relations, 
     done at Vienna April 18, 1961;
       (4) an assessment of the quality and experience level of 
     the team of United States senior security personnel assigned 
     to the facility, considering collectively the assignment 
     durations and lengths of government experience;
       (5) the number of Foreign Service Officers who have 
     received Foreign Affairs Counter Threat training;
       (6) a summary of the requests made during the previous 
     calendar year for additional resources, equipment, or 
     personnel related to the security of the facility and the 
     status of such requests;
       (7) an assessment of the ability of United States personnel 
     to respond to and survive a fire attack, including--
       (A) whether the facility has adequate fire safety and 
     security equipment for safehavens and safe areas; and
       (B) whether the employees working at the facility have been 
     adequately trained on the equipment available;
       (8) for each new facility that is opened, a detailed 
     description of the steps taken to provide security for the 
     new facility, including whether a dedicated support cell was 
     established in the Department of State to ensure proper and 
     timely resourcing of security; and
       (9) a listing of any ``high-threat, high-risk'' facilities 
     where the Department of State and other government agencies' 
     facilities are not collocated including--
       (A) a rationale for the lack of collocation; and
       (B) a description of what steps, if any, are being taken to 
     mitigate potential security vulnerabilities associated with 
     the lack of collocation.
       (c) Determination of High Threat, High Risk Facility.--In 
     determining what facilities constitute ``high threat, high 
     risk facilities'' under this section, the Secretary shall 
     take into account with respect to each facility whether there 
     are--
       (1) high to critical levels of political violence or 
     terrorism;
       (2) national or local governments with inadequate capacity 
     or political will to provide appropriate protection; and
       (3) in locations where there are high to critical levels of 
     political violence or terrorism or national or local 
     governments lack the capacity or political will to provide 
     appropriate protection--
       (A) mission physical security platforms that fall well 
     below the Department of State's established standards; or
       (B) security personnel levels that are insufficient for the 
     circumstances.
       (d) Inspector General Review and Report.--The Inspector 
     General for the Department of State and the Broadcasting 
     Board of Governors shall, on an annual basis--
       (1) review the determinations of the Department of State 
     with respect to high threat, high risk facilities, including 
     the basis for making such determinations;
       (2) review contingency planning for high threat, high risk 
     facilities and evaluate the measures in place to respond to 
     attacks on such facilities;
       (3) review the risk mitigation measures in place at high 
     threat, high risk facilities to determine how the Department 
     of State evaluates risk and whether the measures put in place 
     sufficiently address the relevant risks;
       (4) review early warning systems in place at high threat, 
     high risk facilities and evaluate the measures being taken to 
     preempt and disrupt threats to such facilities; and
       (5) provide to the appropriate congressional committees an 
     assessment of the determinations of the Department of State 
     with respect to high threat, high risk facilities, including 
     recommendations for additions or changes to the list of such 
     facilities, and a report regarding the reviews and 
     evaluations undertaken pursuant to paragraphs (1) through (4) 
     and this paragraph.

     SEC. 1643. DESIGNATION AND REPORTING FOR HIGH-RISK 
                   COUNTERINTELLIGENCE THREAT POSTS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State, in 
     conjunction with appropriate officials in the intelligence 
     community and the Secretary of Defense, shall submit to the 
     appropriate committees of Congress a report assessing the 
     counterintelligence threat to United States diplomatic 
     facilities in Priority 1 Counterintelligence Threat Nations, 
     including--
       (1) an assessment of the use of locally employed staff and 
     guard forces and a listing of diplomatic facilities in 
     Priority 1 Counterintelligence Threat Nations without 
     controlled access areas; and
       (2) recommendations for mitigating any counterintelligence 
     threats and for any necessary facility upgrades, including 
     costs assessment of any recommended mitigation or upgrades so 
     recommended.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations, the Select 
     Committee on Intelligence, the Committee on Armed Services, 
     and the Committee on Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs, the Permanent Select 
     Committee on Intelligence, the Committee on Armed Services, 
     and the Committee on Appropriations of the House of 
     Representatives.
       (2) Priority 1 counterintelligence threat nation.--The term 
     ``Priority 1 Counterintelligence Threat Nation'' means a 
     country designated as such by the October 2012 National 
     Intelligence Priorities Framework (NIPF).

     SEC. 1644. COMPTROLLER GENERAL REPORT ON IMPLEMENTATION OF 
                   BENGHAZI ACCOUNTABILITY REVIEW BOARD 
                   RECOMMENDATIONS.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives a report on the progress of 
     the Department of State in implementing the recommendations 
     of the Benghazi Accountability Review Board.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) an assessment of the progress the Department of State 
     has made in implementing each specific recommendation of the 
     Accountability Review Board; and
       (2) a description of any impediments to recommended 
     reforms, such as budget constraints, bureaucratic obstacles 
     within the Department or in the broader interagency 
     community, or limitations under current law.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form but may contain a 
     classified annex.

     SEC. 1645. SECURITY ENVIRONMENT THREAT LIST BRIEFINGS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and upon each subsequent update of 
     the Security Environment Threat List (SETL), the Bureau of 
     Diplomatic Security shall provide classified briefings to the 
     appropriate congressional committees on the SETL.
       (b) Content.--The briefings required under subsection (a) 
     shall include--
       (1) an overview of the SETL; and
       (2) a summary assessment of the security posture of those 
     facilities where the SETL assesses the threat environment to 
     be most acute, including factors that informed such 
     assessment.

                Subtitle E--Accountability Review Boards

     SEC. 1651. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the Accountability Review Board mechanism as outlined 
     in section 302 of the Omnibus Diplomatic Security and 
     Antiterrorism Act (22 U.S.C. 4832) is an effective tool to 
     collect information about and evaluate adverse incidents that 
     occur in a world that is increasingly complex and dangerous 
     for United States diplomatic personnel; and
       (2) the Accountability Review Board should provide 
     information and analysis that will assist the Secretary, the 
     President, and Congress in determining what contributed to an 
     adverse incident as well as what new measures are necessary 
     in order to prevent the recurrence of such incidents.

     SEC. 1652. PROVISION OF COPIES OF ACCOUNTABILITY REVIEW BOARD 
                   REPORTS TO CONGRESS.

       Not later than 2 days after an Accountability Review Board 
     provides its report to the Secretary of State in accordance 
     with title III of the Omnibus Diplomatic and Antiterrorism 
     Act of 1986 (22 U.S.C. 4831 et seq.), the Secretary shall 
     provide copies of the report to the appropriate congressional 
     committees for retention and review by those committees.

     SEC. 1653. CHANGES TO EXISTING LAW.

       (a) Membership.--Section 302(a) of the Omnibus Diplomatic 
     Security and Antiterrorism Act (22 U.S.C. 4832(a)) is amended 
     by inserting ``one of which shall be the Inspector General of 
     the Department of State and the Broadcasting Board of 
     Governors,'' after ``4 appointed by the Secretary of 
     State,''.
       (b) Staff.--Section 302(b)(2) of the Omnibus Diplomatic 
     Security and Antiterrorism Act (22 U.S.C. 4832(b)(2)) is 
     amended by adding at the end the following: ``Such persons 
     shall be drawn from bureaus or other agency sub-units that 
     are not impacted by the incident that is the subject of the 
     Board's review.''.

                       Subtitle F--Other Matters

     SEC. 1661. ENHANCED QUALIFICATIONS FOR DEPUTY ASSISTANT 
                   SECRETARY OF STATE FOR HIGH THREAT, HIGH RISK 
                   POSTS.

       The Omnibus Diplomatic Security and Antiterrorism Act of 
     1986 is amended by inserting after section 206 (22 U.S.C. 
     4824) the following new section:

     ``SEC. 207. DEPUTY ASSISTANT SECRETARY OF STATE FOR HIGH 
                   THREAT, HIGH RISK POSTS.

       ``The individual serving as Deputy Assistant Secretary of 
     State for High Threat, High Risk Posts shall have one or more 
     of the following qualifications:
       ``(1) Service during the last six years at one or more 
     posts designated as High Threat, High Risk by the Department 
     of State at the time of service.
       ``(2) Previous service as the office director or deputy 
     director of one or more of the following Department of State 
     offices or successor entities carrying out substantively 
     equivalent functions:
       ``(A) The Office of Mobile Security Deployments.
       ``(B) The Office of Special Programs and Coordination.
       ``(C) The Office of Overseas Protective Operations.
       ``(D) The Office of Physical Security Programs.
       ``(E) The Office of Intelligence and Threat Analysis.

[[Page S8283]]

       ``(3) Previous service as the Regional Security Officer at 
     two or more overseas posts.
       ``(4) Other government or private sector experience 
     substantially equivalent to service in the positions listed 
     in paragraphs (1) through (3).''.
                                 ______
                                 
  SA 2332. Mr. CASEY (for himself, Mr. Brown, and Mr. Harkin) submitted 
an amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 864. EXCHANGE STORE SYSTEM PARTICIPATION IN THE ACCORD 
                   ON FIRE AND BUILDING SAFETY IN BANGLADESH.

       (a) Special Procurement Guidance for Garments Manufactured 
     in Bangladesh.--The senior official of the Department of 
     Defense designated pursuant to section 2481(c) of title 10, 
     United States Code, to oversee the defense commissary system 
     and the exchange store system shall require, consistent with 
     applicable international agreements, that the exchange store 
     system--
       (1) for the purchase of garments manufactured in Bangladesh 
     for the private label brands of the exchange store system, 
     either becomes a signatory of, or otherwise abides by the 
     applicable requirements and terms set forth in, the Accord on 
     Fire and Building Safety in Bangladesh without becoming a 
     signatory;
       (2) for the purchase of licensed apparel manufactured in 
     Bangladesh, gives a preference to licensees that are 
     signatories to the Accord on Fire and Building Safety in 
     Bangladesh; and
       (3) for the purchase of garments manufactured in Bangladesh 
     from retail suppliers, gives a preference to retail suppliers 
     that are signatories to the Accord on Fire and Building 
     Safety in Bangladesh.
       (b) Notice of Exceptions.--If garments manufactured in 
     Bangladesh are purchased from suppliers that are not 
     signatories to the Accord on Fire and Building Safety in 
     Bangladesh, the Department of Defense official referred to in 
     subsection (a) shall notify Congress of the purchase and the 
     reasons therefor.
       (c) Effective Date.--The requirements imposed by this 
     section shall take effect 90 days after the date of the 
     enactment of this Act or as soon after that date as the 
     Secretary of Defense determines to be practicable so as to 
     avoid disruption in garment supplies for the exchange store 
     system.
                                 ______
                                 
  SA 2333. Mr. PRYOR (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 593. TREATMENT OF CIVILIAN EMPLOYEES PAID FROM WORKING 
                   CAPITAL FUND ACCOUNTS.

       (a) In General.--Section 251(a)(3) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(a)(3)) is amended by adding at the end the following: 
     ``For purposes of this paragraph, a working capital fund 
     account established pursuant to section 2208 of title 10, 
     United States Code, or subaccount or portion of such an 
     account, that is used to pay 1 or more civilian employees of 
     the Department of Defense shall be included as a military 
     personnel account.''.
       (b) Application of Amendment.--The amendment made by 
     subsection (a) shall apply to any order of the President to 
     exempt military personnel accounts from sequestration issued 
     under section 255(f)(1) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 905(f)(1)) after 
     January 1, 2014.
                                 ______
                                 
  SA 2334. Mr. PRYOR (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. ADJUSTMENTS TO RATES OF BASIC PAY OF PREVAILING 
                   RATE EMPLOYEES.

       (a) Limitation on Adjustments.--
       (1) Prevailing rate employees of agencies.--Notwithstanding 
     any other provision of law, and except as otherwise provided 
     in this section, a prevailing rate employee described in 
     section 5342(a)(2)(A) of title 5, United States Code, may not 
     be paid--
       (A) during the period beginning on January 1, 2014 and 
     ending on the normal effective date of the applicable wage 
     survey adjustment that is to take effect in fiscal year 2014, 
     in an amount that exceeds the rate payable for the applicable 
     grade and step of the applicable wage schedule in accordance 
     with such section; and
       (B) during the period beginning on the day after the end of 
     the period described in subparagraph (A) and ending on 
     September 30, 2014, in an amount that exceeds, as a result of 
     a wage survey adjustment, the rate payable under subparagraph 
     (A) by more than the sum of--
       (i) the percentage adjustment taking effect in fiscal year 
     2014 under section 5303 of title 5, United States Code, in 
     the rates of pay under the General Schedule; and
       (ii) the difference between the overall average percentage 
     of the locality-based comparability payments taking effect in 
     fiscal year 2014 under section 5304 of such title (whether by 
     adjustment or otherwise), and the overall average percentage 
     of such payments which was effective in the previous fiscal 
     year under such section.
       (2) Other prevailing rate employees.--Notwithstanding any 
     other provision of law, no prevailing rate employee described 
     in subparagraph (B) or (C) of section 5342(a)(2) of title 5, 
     United States Code, and no employee covered by section 5348 
     of such title, may be paid during the periods for which 
     paragraph (1) is in effect at a rate that exceeds the rates 
     that would be payable under paragraph (1) were paragraph (1) 
     applicable to such employee.
       (3) Employees paid from new schedules.--For the purposes of 
     this subsection, the rates payable to an employee who is 
     covered by this subsection and who is paid from a schedule 
     not in existence on September 30, 2013, shall be determined 
     under regulations prescribed by the Office of Personnel 
     Management.
       (4) Rates of premium pay.--Notwithstanding any other 
     provision of law, rates of premium pay for employees subject 
     to this subsection may not be changed from the rates in 
     effect on September 30, 2013, except to the extent determined 
     by the Office of Personnel Management to be consistent with 
     the purpose of this subsection.
       (5) Period covered.--This subsection shall apply with 
     respect to pay for service performed on or after the first 
     day of the first applicable pay period beginning after 
     December 31, 2013.
       (6) Treatment under other laws.--For the purpose of 
     administering any provision of law (including any rule or 
     regulation that provides premium pay, retirement, life 
     insurance, or any other employee benefit) that requires any 
     deduction or contribution, or that imposes any requirement or 
     limitation on the basis of a rate of salary or basic pay, the 
     rate of salary or basic pay payable after the application of 
     this subsection shall be treated as the rate of salary or 
     basic pay.
       (7) Limitations.--Nothing in this subsection shall be 
     considered to permit or require the payment to any employee 
     covered by this subsection at a rate in excess of the rate 
     that would be payable were this subsection not in effect.
       (8) Exceptions.--The Office of Personnel Management may 
     provide for exceptions to the limitations imposed by this 
     subsection if the Office determines that such exceptions are 
     necessary to ensure the recruitment or retention of qualified 
     employees.
       (b) Comparability of Adjustments.--
       (1) In general.--Notwithstanding subsection (a), effective 
     as of the first day of the first applicable pay period 
     beginning after December 31, 2013, the percentage increase in 
     rates of basic pay for the statutory pay systems under 
     section 5344 and 5348 of title 5, United States Code, that 
     takes place in fiscal year 2014 shall be not less than the 
     percentage increase received by employees in the same pay 
     locality whose rates of basic pay are adjusted under sections 
     5303 and 5304 of title 5, United States Code.
       (2) Pay localities.--For the purposes of this subsection, 
     prevailing rate employees in localities where there are no 
     employees whose pay is increased pursuant to sections 5303 
     and 5304 of title 5, United States Code, and prevailing rate 
     employees described in section 5343(a)(5) of title 5, United 
     States Code, shall be considered to be located in the pay 
     locality designated as ``Rest of United States'' under 
     section 5304 of title 5, United States Code.
                                 ______
                                 
  SA 2335. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 804. INCLUSION OF SHOES AND RELATED MATERIALS UNDER 
                   DOMESTIC SOURCE REQUIREMENTS.

       (a) In General.--Subsection (b)(1) of section 2533a of 
     title 10, United States Code, is amended--
       (1) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and

[[Page S8284]]

       (2) by inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) shoes, and the materials and components thereof, shoe 
     findings, and soling materials;''.
       (b) Conforming Amendment.--Subsection (k) of such section 
     is amended by striking ``or (E)'' and inserting ``(E), or 
     (F)''.
                                 ______
                                 
  SA 2336. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 843. JUSTIFICATION AND APPROVAL OF SOLE SOURCE 
                   CONTRACTS.

       (a) Findings.--Congress makes the following findings:
       (1) Section 811 of the National Defense Authorization Act 
     for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2405) 
     included a requirement for a written justification and 
     approval (J) when awarding applicable Federal sole source 
     contracts in excess of $20,000,000.
       (2) Ensuring competition in the Federal acquisition process 
     is of vital importance to United States taxpayers.
       (3) Section 811 was intended to further this objective.
       (4) Government contracting officers may inadvertently be 
     deterred from awarding contracts over $20,000,000 under 
     section 8(a) of the Small Business Act (15 U.S.C. 637(a)) as 
     a result of confusion over the proper interpretation of 
     section 811.
       (5) Section 811 of the National Defense Authorization Act 
     for Fiscal Year 2010 should be repealed and replaced in order 
     to ensure that the objective of the section is properly 
     implemented and not misconstrued to prohibit or limit the 
     award of sole source contracts of over $20,000,000 to those 
     businesses which qualify for such awards under the small 
     business 8(a) program.
       (b) Modified Justification and Approval Requirements 
     Related to Sole Source Contracts.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     modify the Department of Defense Supplement to the Federal 
     Acquisition Regulation to provide that the head of an agency 
     (as that term is defined in section 2302(1) of title 10, 
     United States Code) may not award a sole-source contract for 
     an amount exceeding $20,000,000 unless--
       (A) the contracting officer for the contract justifies the 
     use of a sole-source contract in writing; and
       (B) the justification is approved by an official designated 
     in section 2304(f)(1)(B) of title 10, United States Code, to 
     approve contract awards for dollar amounts that are 
     comparable to the amount of the sole-source contract.
       (2) Elements of justification.--The justification of a 
     sole-source contract required pursuant to subsection (a) 
     shall include the following:
       (A) A description of the needs of the agency concerned for 
     the matters covered by the contract.
       (B) A specification of the statutory provision providing 
     the exception from the requirement to use competitive 
     procedures in entering into the contract.
       (C) A determination that the use of a sole source contract 
     is in the best interest of the Department of Defense.
       (D) A determination that the anticipated cost of the 
     contract will be fair and reasonable.
       (E) Such other matters as the official referenced in 
     paragraph (1)(B) shall specify for purposes of this 
     subsection.
       (3) Treatment of other justification and approval 
     actions.--In the case of any contract for which a 
     justification and approval is required under section 2304(f) 
     of title 10, United States Code, a justification and approval 
     meeting the requirements of such section may be treated as 
     meeting the requirements of this section for purposes of the 
     award of a sole-source contract.
       (4) Rule of construction.--Nothing in this subsection shall 
     be construed as--
       (A) prohibiting or limiting a contract exceeding 
     $20,000,000 in compliance with paragraphs (1) and (2) from 
     being awarded for a procurement described in section 
     2304(f)(2)(D)(ii) of title 10, United States Code; or
       (B) eliminating, reducing, or otherwise modifying 
     obligations of the Department of Defense under section 
     15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)).
       (c) Repeal of Superseded Provision.--Section 811 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2405) is hereby repealed.
       (d) Regulations.--The Federal Acquisition Regulatory 
     Council shall amend the Federal Acquisition Regulation to 
     implement this section and the repeal of section 811 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2405).
                                 ______
                                 
  SA 2337. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

                   Subtitle D--Human Rights Sanctions

     SEC. 1241. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Financial Services, the Committee on Foreign Affairs, the 
     Committee on Homeland Security, and the Committee on the 
     Judiciary of the House of Representatives; and
       (B) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on Foreign 
     Relations, the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on the Judiciary of 
     the Senate.
       (2) Financial institution.--The term ``financial 
     institution'' has the meaning given that term in section 5312 
     of title 31, United States Code.
       (3) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (4) Person.--The term ``person'' means an individual or 
     entity.
       (5) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 1242. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR 
                   GROSS VIOLATIONS OF HUMAN RIGHTS.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a list of each foreign 
     person that the President determines, based on credible 
     information--
       (1) is responsible for extrajudicial killings, torture, or 
     other gross violations of internationally recognized human 
     rights committed against individuals in any foreign country 
     seeking--
       (A) to expose illegal activity carried out by government 
     officials; or
       (B) to obtain, exercise, defend, or promote internationally 
     recognized human rights and freedoms, such as the freedoms of 
     religion, expression, association, and assembly, and the 
     rights to a fair trial and democratic elections; or
       (2) acted as an agent of or on behalf of a foreign person 
     in a matter relating to an activity described in paragraph 
     (1).
       (b) Updates.--The President shall submit to the appropriate 
     congressional committees an update of the list required by 
     subsection (a) as new information becomes available.
       (c) Form.--
       (1) In general.--The list required by subsection (a) shall 
     be submitted in unclassified form.
       (2) Exception.--The name of a foreign person to be included 
     in the list required by subsection (a) may be submitted in a 
     classified annex only if the President--
       (A) determines that it is vital for the national security 
     interests of the United States to do so;
       (B) uses the annex in a manner consistent with 
     congressional intent and the purposes of this subtitle; and
       (C) not later than 15 days before submitting the name in a 
     classified annex, provides to the appropriate congressional 
     committees notice of, and a justification for, including or 
     continuing to include each person in the classified annex 
     despite any publicly available credible information 
     indicating that the person engaged in an activity described 
     in paragraph (1) or (2) of subsection (a).
       (3) Consideration of certain information.--In preparing the 
     list required by subsection (a), the President shall 
     consider--
       (A) information provided by the chairperson and ranking 
     member of each of the appropriate congressional committees; 
     and
       (B) credible information obtained by other countries and 
     nongovernmental organizations that monitor violations of 
     human rights.
       (4) Public availability.--The unclassified portion of the 
     list required by subsection (a) shall be made available to 
     the public and published in the Federal Register.
       (d) Removal From List.--A foreign person may be removed 
     from the list required by subsection (a) if the President 
     determines and reports to the appropriate congressional 
     committees not later than 15 days before the removal of the 
     person from the list that--
       (1) credible information exists that the person did not 
     engage in the activity for which the person was added to the 
     list;
       (2) the person has been prosecuted appropriately for the 
     activity in which the person engaged; or
       (3) the person has credibly demonstrated a significant 
     change in behavior, has paid an appropriate consequence for 
     the activities in which the person engaged, and has credibly

[[Page S8285]]

     committed to not engage in an activity described in paragraph 
     (1) or (2) of subsection (a).
       (e) Requests by Chairperson and Ranking Member of 
     Appropriate Congressional Committees.--
       (1) In general.--Not later than 120 days after receiving a 
     written request from the chairperson and ranking member of 
     one of the appropriate congressional committees with respect 
     to whether a foreign person meets the criteria for being 
     added to the list required by subsection (a), the President 
     shall submit a response to that chairperson and ranking 
     member of the committee with respect to the status of the 
     person.
       (2) Form.--The President may submit a response required by 
     paragraph (1) in classified form if the President determines 
     that it is necessary for the national security interests of 
     the United States to do so.
       (3) Removal.--
       (A) In general.--If the President removes from the list 
     required by subsection (a) a foreign person that has been 
     placed on the list at the request of the chairperson and 
     ranking member of one of the appropriate congressional 
     committees, the President shall provide the chairperson and 
     ranking member with any information that contributed to the 
     removal decision.
       (B) Form of information.--The President may submit the 
     information requested by subparagraph (A) in classified form 
     if the President determines that it is necessary to the 
     national security interests of the United States to do so.
       (f) Nonapplicability of Confidentiality Requirement With 
     Respect to Visa Records.--The President shall publish the 
     list required by subsection (a) without regard to the 
     requirements of section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)) with respect to 
     confidentiality of records pertaining to the issuance or 
     refusal of visas or permits to enter the United States.

     SEC. 1243. INADMISSIBILITY OF CERTAIN INDIVIDUALS.

       (a) Ineligibility for Visas.--An individual who is a 
     foreign person on the list required by section 1242(a) is 
     ineligible to receive a visa to enter the United States and 
     ineligible to be admitted to the United States.
       (b) Current Visas Revoked.--The Secretary of State shall 
     revoke, in accordance with section 221(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1201(i)), the visa or other 
     documentation of an individual who would be ineligible to 
     receive such a visa or documentation under subsection (a).
       (c) Waiver for National Security Interests.--
       (1) In general.--The Secretary of State may waive the 
     application of subsection (a) or (b) in the case of an 
     individual if--
       (A) the Secretary determines that such a waiver--
       (i) is necessary to permit the United States to comply with 
     the Agreement between the United Nations and the United 
     States of America regarding the Headquarters of the United 
     Nations, signed June 26, 1947, and entered into force 
     November 21, 1947, or other applicable international 
     obligations of the United States; or
       (ii) is in the national security interests of the United 
     States; and
       (B) before granting the waiver, the Secretary provides to 
     the appropriate congressional committees notice of, and a 
     justification for, the waiver.
       (2) Timing for notice of certain waivers.--In the case of a 
     waiver under subparagraph (A)(ii) of paragraph (1), the 
     Secretary shall submit the notice required by subparagraph 
     (B) of that paragraph not later than 15 days before granting 
     the waiver.
       (d) Regulatory Authority.--The Secretary of State shall 
     prescribe such regulations as are necessary to carry out this 
     section.

     SEC. 1244. FINANCIAL MEASURES.

       (a) Freezing of Assets.--
       (1) In general.--The President shall exercise all powers 
     granted by the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.) (except that the requirements of 
     section 202 of such Act (50 U.S.C. 1701) shall not apply) to 
     the extent necessary to freeze and prohibit all transactions 
     in all property and interests in property of a foreign person 
     on the list required by section 1242(a) of this Act if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (2) Exception.--Paragraph (1) shall not apply to foreign 
     persons included on the classified annex under section 
     1242(c)(2) if the President determines that such an exception 
     is vital to the national security interests of the United 
     States.
       (b) Waiver for National Security Interests.--The Secretary 
     of the Treasury may waive the application of subsection (a) 
     if the Secretary--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) not later than 15 days before granting the waiver, 
     provides to the appropriate congressional committees notice 
     of, and a justification for, the waiver.
       (c) Enforcement.--
       (1) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (2) Requirements for financial institutions.--Not later 
     than 120 days after the date of the enactment of this Act, 
     the Secretary of the Treasury shall prescribe regulations 
     requiring each financial institution that is a United States 
     person and has within its possession or control assets that 
     are property or interests in property of a foreign person on 
     the list required by section 1242(a) to certify to the 
     Secretary that, to the best of the knowledge of the financial 
     institution, the financial institution has frozen all assets 
     within the possession or control of the financial institution 
     that are required to be frozen pursuant to subsection (a).
       (d) Regulatory Authority.--The Secretary of the Treasury 
     shall issue such regulations, licenses, and orders as are 
     necessary to carry out this section.

     SEC. 1245. REPORT TO CONGRESS.

       Not later than one year after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of State and 
     the Secretary of the Treasury shall each submit to the 
     appropriate congressional committees a report on--
       (1) the actions taken to carry out this subtitle, 
     including--
       (A) the number of foreign persons added to or removed from 
     the list required by section 1242(a) during the year 
     preceding the report, the dates on which those persons were 
     added or removed, and the reasons for adding or removing 
     those persons; and
       (B) if few or no persons have been added to that list 
     during that year, the reasons for not adding more persons to 
     the list; and
       (2) efforts by the executive branch to encourage the 
     governments of other countries to impose sanctions that are 
     similar to the sanctions imposed under this subtitle.
                                 ______
                                 
  SA 2338. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1046. SENSE OF CONGRESS ON B61-12 LIFE EXTENSION 
                   PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) During the debate in the Senate on the ratification of 
     the Treaty on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms, signed on April 8, 
     2010, and entered into force on February 5, 2011, between the 
     United States and the Russian Federation (commonly known as 
     the ``New START Treaty''), leaders in both Congress and the 
     executive branch acknowledged the critical linkage between 
     the modernization of the nuclear arsenal and the ability to 
     safely reduce the number of warheads in the nuclear stockpile 
     of the United States.
       (2) As proposed by the President, successfully executing 
     the B61-12 life extension program would generate an 53 
     percent reduction in the total number of air-delivered 
     gravity weapons in the active and inactive nuclear stockpile 
     of the United States and an 87 percent reduction in the total 
     amount of nuclear material utilized by air-delivered gravity 
     weapons in the nuclear stockpile of the United States.
       (3) The B61-12 life extension program has already been 
     delayed by fluctuating appropriations and further delays in 
     appropriations threaten the viability and credibility of the 
     nuclear deterrent of the United States and the nuclear 
     assurances provided to allies of the United States in the 
     North Atlantic Treaty Organization and in the Pacific region.
       (4) Alternative proposals to refurbish B61 nuclear weapons 
     do not meet the military requirements of the United States 
     Strategic Command and fail to address all of the concerns 
     relating to aging faced by the existing B61 series of air-
     delivered gravity weapons.
       (b) Sense of Congress.--It is the Sense of Congress that--
       (1) further delays to the B61-12 life extension program 
     would have unacceptable effects on the reliability and 
     credibility of the nuclear deterrent of the United States; 
     and
       (2) it is critical that the United States ensure that there 
     are no further delays in successfully executing the ongoing 
     B61-12 life extension program, development of the associated 
     tail-kit assembly, and development of a nuclear-capable F-35 
     Block 4 aircraft.
                                 ______
                                 
  SA 2339. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

[[Page S8286]]

     SEC. 1046. SENSE OF CONGRESS ON B61-12 LIFE EXTENSION 
                   PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) During the debate in the Senate on the ratification of 
     the Treaty on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms, signed on April 8, 
     2010, and entered into force on February 5, 2011, between the 
     United States and the Russian Federation (commonly known as 
     the ``New START Treaty''), leaders in both Congress and the 
     executive branch acknowledged the critical linkage between 
     the modernization of the nuclear arsenal and the ability to 
     safely reduce the number of warheads in the nuclear stockpile 
     of the United States.
       (2) As proposed by the President, successfully executing 
     the B61-12 life extension program would generate an 53 
     percent reduction in the total number of air-delivered 
     gravity weapons in the active and inactive nuclear stockpile 
     of the United States and an 87 percent reduction in the total 
     amount of nuclear material utilized by air-delivered gravity 
     weapons in the nuclear stockpile of the United States.
       (3) The B61-12 life extension program has already been 
     delayed by fluctuating appropriations and further delays in 
     appropriations threaten the viability and credibility of the 
     nuclear deterrent of the United States and the nuclear 
     assurances provided to allies of the United States in the 
     North Atlantic Treaty Organization and in the Pacific region.
       (4) Alternative proposals to refurbish B61 nuclear weapons 
     do not meet the military requirements of the United States 
     Strategic Command and fail to address all of the concerns 
     relating to aging faced by the existing B61 series of air-
     delivered gravity weapons.
       (b) Sense of Congress.--It is the Sense of Congress that--
       (1) further delays to the B61-12 life extension program 
     would have unacceptable effects on the reliability and 
     credibility of the nuclear deterrent of the United States; 
     and
       (2) it is critical that the United States ensure that there 
     are no further delays in successfully executing the ongoing 
     B61-12 life extension program, development of the associated 
     tail-kit assembly, and development of a nuclear-capable F-35 
     Block 4 aircraft.
                                 ______
                                 
  SA 2340. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 125. SENSE OF SENATE ON THE LITTORAL COMBAT SHIP 
                   PROGRAM.

       (a) Findings.--The Senate makes the following findings:
       (1) Despite early problems with the Littoral Combat Ship 
     (LCS) program, the Navy has made substantial progress in 
     getting production on schedule and costs under control. As a 
     result, the Navy is now purchasing LCS below the 
     congressionally mandated cost cap. According to congressional 
     testimony provided by Assistant Secretary of the Navy 
     (Research, Development and Acquisition) Sean Stackley on July 
     25, 2013 before the Subcommittee on Seapower and Projection 
     Forces of the House Armed Services Committee, ``The average 
     cost of both LCS variants--including basic construction, 
     government-furnished equipment (GFE), and change orders--
     across the 10-seaframe procurement over the five year period 
     falls under the Congressionally-mandated cost cap of $480 
     million per seaframe (FY 2009 dollars)''. This testimony is 
     consistent with the findings in the Congressional Budget 
     Office's October 2013 report entitled ``An Analysis of the 
     Navy's Fiscal Year 2014 Shipbuilding Plan'' which states: 
     ``In the 2014 Future Years Defense Program, the Navy 
     estimated the average cost of the LCS at about $420 million 
     per ship over the next five years, including the 6 ships (2 
     per year) to be bought in 2016 through 2018, after the end of 
     the two 10-ship contracts. That figure is well below the 
     Congressionally mandated cost cap for the LCS program of $515 
     million per ship (adjusted for inflation). Overall, the Navy 
     estimated that the 36 LCSs to be purchased by 2026 would cost 
     about $446 million per ship, on average''. Finally, according 
     to the Department of the Navy, LCS is ``the only shipbuilding 
     program wherein the unit cost in production is on a marked 
     steady decline''.
       (2) LCS is vital to the Navy and our national security. 
     According to Secretary of the Navy, Ray Mabus, it is ``the 
     future of the Navy and the future of how we fight''. 
     Similarly, Assistant Secretary of the Navy Stackley, in his 
     written testimony for Congress observed: ``[T]he LCS program 
     is of critical importance to our Navy. With its great speed 
     and interchangeable modules, the ship will provide 
     unprecedented warfighting flexibility. LCS is one of the 
     cornerstones of the future Navy, and provides critical 
     capability to the fleet. This fast, agile, focused-mission 
     platform is designed for operation in near-shore 
     environments, yet is capable of open-ocean operation''.
       (3) The LCS program is an essential element of the Navy's 
     long-term shipbuilding strategy which directly supports 
     warfighting and presence requirements articulated by the 
     combatant commanders. The planned buy of 52 LCS supports 
     strategic and operational requirements validated in the 
     Navy's 2012 Force Structure Assessment (FSA) pursuant to the 
     January 2012 defense strategic guidance document entitled 
     ``Sustaining U.S. Global Leadership: Priorities for 21st 
     Century Defense''. According to the Department of the Navy, 
     ``LCS and associated mission modules replace the capabilities 
     of frigates (FFGs), mine countermeasure (MCM) ships, and 
     patrol craft (PCs) which are reaching [the end of their] 
     expected service life''. Additionally, according to the Navy, 
     ``delaying procurement of these ships would slow both the 
     delivery of this critical capability to the fleet [and] 
     progress toward the 300-ship target in FY 2019 and the 
     ultimate goal of meeting a 306 ship force structure required 
     to support validated . . . warfighting and presence 
     requirements''. Similarly, as noted in congressional 
     testimony provided by Ronald O'Rourke of the Congressional 
     Research Service (CRS), ``If the LCS program were truncated 
     to 24 ships or some other number well short of 52, a 
     potential key issue [for Congress] would be the operational 
     implications for the Navy of potentially not having 
     sufficient capacity to fully perform the LCS's three core 
     missions of countering mines, small boats, and diesel 
     submarines, particularly in littoral waters''.
       (4) The cost for all LCS seaframes under contract (FY 10-13 
     ships) will increase if the current block buy contracts are 
     disrupted. According to the Department of the Navy, costs 
     will increase ``due to the impact of lost workload, 
     inefficiencies, and breakage to the vendor base''. 
     Additionally, negotiated ship construction prices will be 
     lost for FY 14 and FY 15 ships. Moreover, FY 15 competitive 
     prices will be required to be renegotiated in a sole source 
     environment which will likely result in significant increases 
     to FY 15 ship pricing. Slowing or pausing the program will 
     also likely result in additional costs to future ships as a 
     result of lost learning in the shipyards, increased overhead, 
     vendor pricing, and concerns about contract stability. 
     Finally, disrupting the current block buy contracts could 
     potentially cause extreme damage to the shipbuilding 
     industrial base.
       (5) Many first-of-class ships experience unanticipated 
     challenges, setbacks, and, as a result, intense scrutiny and 
     sometimes harsh criticism. According to the Secretary of the 
     Navy, Ray Mabus, ``the first of every single class in our 
     Navy has faced similar issues and has been strengthened by 
     dealing with them''. Similarly, according to congressional 
     testimony provided on October 23, 2013 by CRS analyst Ronald 
     O'Rourke, ``In the midst of criticisms of certain Navy 
     surface ship acquisition programs in the 30-year shipbuilding 
     plan, [such as the LCS program], on issues such as cost 
     growth, ship capabilities, construction-quality, and testing 
     of combat system equipment, it can be helpful to recall, as a 
     matter of providing some historical context, that a number of 
     earlier Navy surface combatant acquisition programs--
     including some, like the DDG-51 program, that are today 
     considered acquisition success stories--were themselves 
     criticized on one or more of these grounds''. For example, in 
     January 1990, the Government Accountability Office (GAO) 
     criticized the DDG-51 Arleigh Burke destroyer program in 
     their report to the Secretary of Defense, ``Navy 
     Shipbuilding: Cost and Schedule Problems on the DDG-51 AEGIS 
     Destroyer Program'', noting that the shipyard had originally 
     ``encountered problems in designing and constructing the lead 
     ship. The contract costs have increased substantially, and 
     the ship will be about 17 months late. Since the lead ship is 
     only 50 percent complete, additional problems could surface 
     and delay the follow ships.'' Additionally, the GAO 
     recommended ``that the Secretary of Defense ensure sufficient 
     information exists to justify the award of contracts for 
     follow ships beyond the seven now under contract''. 
     Nevertheless, the Navy went on to successfully build a total 
     of 62 of these destroyers since the program's inception with 
     an additional 13 ships planned (under construction, on 
     contract, or covered by awarded contracts).
       (6) The Government Accountability Office's July 2013 
     report, ``Navy Shipbuilding: Significant Investments in the 
     Littoral Combat Ship Continue Amid Substantial Unknowns about 
     Capabilities, Use, and Cost'', overstates the significance of 
     design changes to follow-on ships. As noted by Assistant Navy 
     Secretary Stackley in his July 2013 testimony before 
     Congress, ``No changes to LCS seaframe requirements are 
     envisioned in the near term as both LCS classes meet Navy 
     requirements''. Further, as the Department of the Navy has 
     stated, ``The issues and corrective efforts discussed [in the 
     GAO report] are consistent with all lead ships of any new 
     class of surface combatants, or any lead ship of a new class. 
     Other `new, potentially significant seaframe design changes' 
     mentioned [in the GAO report] as under consideration by the 
     Navy would--if accepted by the Navy--be incorporated into the 
     next procurement (LCS 25 and follow), as is standard practice 
     in all shipbuilding programs''.
       (7) The GAO's concern with concurrency in the development 
     and fielding of LCS mission modules is misplaced. As 
     Assistant Navy Secretary Stackley has explained in his 
     congressional testimony before the House Armed Services 
     Committee, ``The modular strategy for mission packages is a 
     breakthrough concept for delivering cost effective

[[Page S8287]]

     capability by employing mature technologies to meet today's 
     warfighting requirements while also providing tremendous 
     flexibility to rapidly employ developing technologies to 
     counter emerging threats or otherwise close gaps today, and 
     in the future. . . In order to deliver these capabilities in 
     the capacity needed, and with an eye on controlling cost and 
     risk, the Navy is employing an incremental fielding strategy 
     wherein the first increment leverages mature technologies and 
     existing programs of record to provide a level of performance 
     exceeding that available in the fleet today''. Moreover, 
     Assistant Secretary Stackley made clear that ``[t]his 
     incremental approach minimizes concurrency risk while 
     allowing the flexibility which the modular concept provides. 
     . . This time-phased fielding of capability is fundamental as 
     it allows the Navy to rapidly field systems as they are 
     matured instead of waiting for the final capability delivery. 
     The major systems that comprise mission packages are already 
     established as individual programs, with their own 
     Acquisition Program Baselines (APBs) including cost, schedule 
     and performance objectives and thresholds''.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) chief among the mandates of the Navy is forward 
     presence;
       (2) operating forward overseas is critical to United States 
     national security and the preservation of United States 
     national interests;
       (3) to achieve this forward presence, the size of the Navy 
     fleet matters;
       (4) the Littoral Combat Ship (LCS) will be a critical 
     component of the overall size of the Navy fleet and, without 
     it, the Navy will not be able to provide the capabilities or 
     capacity that operational commanders require;
       (5) the capabilities of the Littoral Combat Ship remain 
     essential to operational commanders;
       (6) Littoral Combat Ship vessels, together with their 
     mission modules, form a key part of the long-range 
     shipbuilding strategy of the Navy to meet force structure 
     requirements in support of the January 2012 defense strategic 
     guidance document entitled ``Sustaining U.S. Global 
     Leadership: Priorities for 21st Century Defense'';
       (7) the Navy should continue to plan on procuring 52 
     Littoral Combat Ship seaframes in accordance with its most 
     recent long-range shipbuilding plan, while balancing 
     available funding with achieving the lowest possible pricing 
     to the Government;
       (8) the progress of the Navy in answering the concerns of 
     the July 2013 report of the Government Accountability Office, 
     entitled ``Navy Shipbuilding: Significant Investments in the 
     Littoral Combat Ship Continue Amid Substantial Unknowns about 
     Capabilities, Use, and Cost'', has been noteworthy and 
     adequate;
       (9) the report on the Littoral Combat Ship referred to in 
     paragraph (8), while detailed and substantive, contains 
     recommendations that do not reflect a full and thorough 
     understanding of the Littoral Combat Ship program;
       (10) the Navy should be applauded for its decision to 
     deploy U.S.S. Freedom (LCS 1), a research and development 
     funded platform, early and with a surface warfare (SUW) 
     mission package to gather helpful information and lessons 
     learned in order to better inform the development of 
     operational, manning, maintenance, and logistics support 
     concepts;
       (11) the Navy should be commended for the ongoing and 
     rigorous testing of the mine countereasures (MCM) mission 
     module being conducted by U.S.S. Independence (LCS 2)--
     another research and development funded platform--and the 
     recent successful completion of the second phase of 
     developmental testing of the SUW mission package by U.S.S. 
     Fort Worth (LCS 3);
       (12) the Navy must continue to endeavor to drive overall 
     Littoral Combat Ship program costs down;
       (13) the Navy must inform the future procurement strategy 
     with thorough assessments, which are based on validated 
     requirements and independent cost estimates and which include 
     program thresholds and objectives for cost, schedule, and 
     performance;
       (14) future acquisition decisions on the Littoral Combat 
     Ship should be informed with an up-to-date service cost 
     position and ``should cost'' assessment;
       (15) the Defense Acquisition Executive should determine 
     whether a new Office of the Secretary of Defense (OSD) Cost 
     Analysis and Program Evaluation (CAPE) independent cost 
     estimate (ICE) will be needed to inform future Littoral 
     Combat Ship program decisions; and
       (16) the Navy, along with the Joint Staff, should conduct a 
     requirements assessment study to serve as a revalidation of 
     the Littoral Combat Ship capabilities definition document.
                                 ______
                                 
  SA 2341. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1208. SENSE OF CONGRESS ON DEFENSE COOPERATION WITH 
                   GEORGIA.

       (a) Findings.--Congress makes the following findings:
       (1) Georgia is a highly valued partner of the United States 
     and has repeatedly demonstrated its commitment to advancing 
     the mutual interests of both countries, including through the 
     deployment of Georgian forces as part of the NATO-led 
     International Security Assistance Force in Afghanistan, 
     currently serving as the largest non-NATO contributor and 
     without caveats in Helmand Province, and as part of the 
     Multi-National Force in Iraq.
       (2) Contrary to international law and the 2008 ceasefire 
     agreement between Russia and Georgia, Russian forces have 
     constructed barriers, including barbed wire and fences, along 
     the administrative boundary line for the South Ossetia region 
     of Georgia. This ``borderization'' is inconsistent with 
     Russia's international commitments under the August 2008 
     ceasefire agreement, is contrary to Georgia's sovereignty and 
     territorial integrity, creates hardship and significant 
     negative impacts for populations on both sides of these 
     barriers, and is detrimental to long-term conflict 
     resolution.
       (3) The peaceful transfer of power as the result of the 
     October 2012 parliamentary elections in Georgia represents a 
     major accomplishment toward the Georgian people's creation of 
     a free society and full democracy.
       (4) The presidential election of October 2013 marks another 
     major step in this transition to a free and open democracy. 
     International election observers from the Organization for 
     Security and Co-operation in Europe (OSCE) concluded that the 
     election ``was efficiently administered, transparent and took 
     place in an amicable and constructive environment [. . .]. 
     Fundamental freedoms of expression, movement and assembly 
     were respected, and candidates were able to campaign without 
     restriction. [. . .] A wide range of views and information 
     was made available to voters through the media, providing 
     candidates with a platform to present their programmes and 
     opinions freely.'' This is consistent with significant 
     progress toward a mature and free democracy.
       (b) Sense of Congress.--Congress--
       (1) declares that the United States supports Georgia's 
     sovereignty, independence, territorial integrity, and the 
     inviolability of its internationally recognized borders and 
     expresses concerns over the continued occupation of the 
     Georgian regions of Abkhazia and South Ossetia by the Russian 
     Federation;
       (2) encourages the President to enhance defense cooperation 
     efforts with Georgia and supports the efforts of the 
     Government of Georgia to provide for the defense of its 
     government, people, and sovereignty and territorial integrity 
     within its internationally recognized borders;
       (3) reaffirms its support for Georgia's NATO membership 
     aspirations and congratulates Georgia on the steps it has 
     taken to further its integration with NATO;
       (4) remains committed to assisting the people of Georgia in 
     establishing a free and democratic society in their country; 
     and
       (5) congratulates the Government and people of Georgia on 
     the presidential election of October 27, 2013, and commends 
     the Government and people of Georgia on a peaceful and 
     democratic transfer of power and its continued movement 
     toward a free and democratic society.
                                 ______
                                 
  SA 2342. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1220. REPORTING ON DEVELOPMENT AND INFRASTRUCTURE 
                   PROJECTS IN AFGHANISTAN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     cooperation with the Secretary of State and the Administrator 
     of the United States Agency for International Development, 
     shall develop and submit to the appropriate congressional 
     committees a plan to enter into the Afghanistan development 
     assistance database of the United States Agency for 
     International Development relevant information related to 
     development and infrastructure projects in Afghanistan 
     planned or implemented under the Commanders Emergency 
     Response Program, Afghanistan Infrastructure Fund, and the 
     Task Force for Business and Stability Operations.
       (b) Content.--
       (1) In general.--The plan developed under subsection (a) 
     shall include the following:
       (A) Appropriate thresholds and timeframes for Department of 
     Defense development or infrastructure projects to be included 
     in the database so as to maximize the usefulness of the 
     database for the monitoring and assessment of prior, ongoing, 
     and future United States Government assistance to 
     Afghanistan.
       (B) Rationales for the establishment of such thresholds and 
     timetables as well as an estimated cost and timeframe 
     required to complete the data entry process.

[[Page S8288]]

       (C) Measures to protect from public disclosure information 
     that if released would potentially threaten the lives or 
     livelihoods of United States citizens, third-country 
     nationals, or citizens of Afghanistan associated with United 
     States Government development projects.
       (2) Direct support for ansf excluded.--The information 
     included in the development assistance database pursuant to 
     the plan shall not include projects designed to directly 
     support the Afghan National Security Forces (ANSF).
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional defense committees; and
       (2) the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.
                                 ______
                                 
  SA 2343. Mr. MERKLEY (for himself, Mr. Paul, Mr. Lee, and Mr. Wyden) 
submitted an amendment intended to be proposed by him to the bill S. 
1197, to authorize appropriations for fiscal year 2014 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1220. COMPLETION OF ACCELERATED TRANSITION OF UNITED 
                   STATES COMBAT AND MILITARY AND SECURITY 
                   OPERATIONS TO THE GOVERNMENT OF AFGHANISTAN.

       (a) Finding.--Congress finds that, in June 2013, the 
     Government of Afghanistan assumed the lead for combat 
     operations in all regions of Afghanistan consistent with the 
     schedule agreed to by President Barack Obama and President of 
     Afghanistan Hamid Karzai.
       (b) Statement of Policy.--It is the policy of the United 
     States--
       (1) that, in coordination with the Government of 
     Afghanistan, North Atlantic Treaty Organization (NATO) member 
     countries, and other allies in Afghanistan, the President 
     shall complete the accelerated transition of United States 
     military and security operations to the Government of 
     Afghanistan and redeploy United States Armed Forces from 
     Afghanistan (including operations involving military and 
     security-related contractors) by not later than December 31, 
     2014; and
       (2) to pursue diplomatic efforts leading to a political 
     settlement and reconciliation of the internal conflict in 
     Afghanistan.
       (c) Sense of Congress.--It is the sense of Congress that, 
     should the President determine the necessity to maintain 
     United States troops in Afghanistan to carry out missions 
     after December 31, 2014, any such presence and missions 
     should be authorized by a separate vote of Congress not later 
     than June 1, 2014.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed as limiting or prohibiting any authority of the 
     President to--
       (1) modify the military strategy, tactics, and operations 
     of United States Armed Forces as such Armed Forces redeploy 
     from Afghanistan;
       (2) attack al Qaeda forces wherever such forces are 
     located;
       (3) provide financial support and equipment to the 
     Government of Afghanistan for the training and supply of 
     Afghanistan military and security forces;
       (4) gather, provide, and share intelligence with United 
     States allies operating in Afghanistan and Pakistan; or
       (5) provide security after December 31, 2014, to United 
     States facilities or diplomatic personnel located in 
     Afghanistan.
                                 ______
                                 
  SA 2344. Mr. DONNELLY (for Mr. Brown) proposed an amendment to the 
bill S. 381, to award a Congressional Gold Medal to the World War II 
members of the ``Doolittle Tokyo Raiders'', for outstanding heroism, 
valor, skill, and service to the United States in conducting the 
bombings of Tokyo; as follows:

       On page 3, strike lines 16 and 17, and insert the 
     following:
       (a) Presentation Authorized.--The President pro tempore
       On page 4, line 1, strike ``(2)'' and insert ``(b)'', and 
     move the margin 2 ems to the left.
       On page 4, line 2, strike ``paragraph (1)'' and insert 
     ``subsection (a)''.
       On page 4, strike lines 6 through 13, and insert the 
     following:
       (c) Following Award of Medals.--
       (1) In general.--Following the award of the gold medals 
     referred to in subsection (a), 5 of the gold medals shall be 
     given to the 5 surviving members of the mission as of 
     February 2013 or their next of kin, with a sixth
       On page 4, line, 19, strike ``(B)'' and insert ``(2)'', and 
     move the margin 2 ems to the left.
       On page 4, line 22, strike ``this paragraph'' and insert 
     ``paragraph (1)''.
       On page 5, line 1, strike ``(b) Duplicate Medals.'' and 
     insert ``SEC. 3. DUPLICATE MEDALS.'', and move the margin 2 
     ems to the left.
       On page 5, between lines 6 and 7, insert the following:

     SEC. 4. STATUS OF MEDALS.

       On page 5, line 7, strike ``(c)'' and insert ``(a)''.
       On page 5, between lines 9 and 10, insert the following:
       (b) Numismatic Medals.--For purposes of sections 5134 and 
     5136 of title 31, United States Code, all medals struck under 
     this Act are numismatic items.
       On page 5, strike lines 10 through 20.
                                 ______
                                 
  SA 2345. Mr. DONNELLY (for Mr. Levin) proposed an amendment to the 
bill H.R. 3304, to authorize the President to award the Medal of Honor 
to Bennie G. Adkins and Donald P. Sloat of the United States Army for 
acts of valor during the Vietnam Conflict and to authorize the award of 
Medal of Honor to certain other veterans who were previously 
recommended for award of the Medal of Honor; as follows:

       On page 2, line 3, strike ``AND REQUEST''.
       On page 2, line 11, strike ``AND REQUESTED''.
       On page 3, line 1, strike ``AND REQUEST''.
       On page 3, line 9, strike ``AND REQUESTED''.
                                 ______
                                 
  SA 2346. Mr. DONNELLY (for Mr. Levin) proposed an amendment to the 
bill H.R. 3304, to authorize the President to award the Medal of Honor 
to Bennie G. Adkins and Donald P. Sloat of the United States Army for 
acts of valor during the Vietnam Conflict and to authorize the award of 
Medal of Honor to certain other veterans who were previously 
recommended for award of the Medal of Honor; as follows:

       Amend the title so as to read ``An Act to authorize the 
     President to award the Medal of Honor to Bennie G. Adkins and 
     Donald P. Sloat of the United States Army for acts of valor 
     during the Vietnam Conflict and to authorize the award of the 
     Medal of Honor to certain other veterans who were previously 
     recommended for award of the Medal of Honor.''.
                                 ______
                                 
  SA 2347. Mrs. FISCHER (for herself and Mr. Hoeven) submitted an 
amendment intended to be proposed by her to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1046. BUDGET TREATMENT AND PLAN ON IMPLEMENTATION OF 
                   REDUCTIONS IN NUCLEAR FORCES IN CONNECTION WITH 
                   THE NEW START TREATY.

       (a) Budget Treatment of Reductions Pursuant to New START 
     Treaty.--The Secretary of Defense shall ensure that 
     activities relating to the dismantlement or conversion of 
     nuclear weapons in connection with the implementation of the 
     New START Treaty are assigned separate, dedicated program 
     elements in the budget materials submitted to the President 
     by the Secretary in connection with the submission to 
     Congress, pursuant to section 1105 of title 31, United States 
     Code, of the budget for fiscal year 2015 and each fiscal year 
     thereafter in which reductions to the nuclear forces of the 
     United States are made in connection with the implementation 
     the New START Treaty.
       (b) Submission of Plan on New START Treaty.--Not later than 
     the date on which the President submits the budget of the 
     President to Congress under section 1105 of title 31, United 
     States Code, for fiscal year 2015, the Secretary of Defense 
     shall submit to the appropriate congressional committees the 
     plan required by section 1042(a) of the National Defense 
     Authorization Act of Fiscal Year 2012 (Public Law 112-81; 125 
     Stat. 1575).
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the following:
       (A) The congressional defense committees.
       (B) The Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) New start treaty.--The term ``New START Treaty'' means 
     the Treaty on Measures for the Further Reduction and 
     Limitation of Strategic Offensive Arms, signed on April 8, 
     2010, and entered into force on February 5, 2011, between the 
     United States and the Russian Federation.
                                 ______
                                 
  SA 2348. Mr. JOHANNS (for himself and Mrs. Fischer) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:


[[Page S8289]]


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

     SEC. 949. BRIEFINGS FOR CONGRESS ON THE STATUS OF THE UNITED 
                   STATES CYBER COMMAND.

       (a) Quarterly Briefings Required.--Commencing 30 days after 
     the date of the enactment of this Act, and every 120 days 
     thereafter, the Secretary of Defense shall provide the 
     congressional defense committees, and any other Member of 
     Congress requesting such a briefing, a briefing on the status 
     of the United States Cyber Command.
       (b) Elements.--Each briefing under subsection (a) shall 
     include the following:
       (1) An update on the status of any proposal to elevate the 
     United States Cyber Command to the status of a unified 
     combatant command.
       (2) A current summary assessment of the specific advantages 
     and disadvantages for the national security of the United 
     States of elevating the United State Cyber Command to the 
     status of a unified combatant command.
       (3) A current estimate of the cost of elevating the United 
     States Cyber Command to the status of a unified combatant 
     command, and a current justification for that cost.

                          ____________________